Increasingly, you can meet the complaint: "The father filed for child support for the daughter / son. How to be?" Many lawyers and experts face similar questions. Is this requirement valid? What to do if parents file child support? Can they even do that? The answers to these questions will be presented to your attention below. With proper preparation for the dispute, many problems can be avoided.
Alimony is ...
To begin with, you have to understand what alimony is. In Russia, so-called payments for the maintenance of various disabled citizens. Typically, payers and recipients of money are relatives.
Most often we are talking about child support. These are funds that are paid for the maintenance, treatment and care of a minor child. But there are other payments.
In Russia, child support for parents is taking place. In other words, parents are required to support disabled children, and grown-up children - to needy parents. It is this scenario that causes a lot of problems.
Terms for Payments
Father filed for child support? Theoretically, he has the right to do so. As already mentioned, under the law, adult able-bodied children are obliged to financially support needy parents. But you have to consider several features. Far from always legal representatives have the right to material support.
Child support can be claimed subject to the following circumstances:
- the parent is a pensioner;
- a citizen has a disability of 1 or 2 groups.
Accordingly, able-bodied parents are not eligible for funding from children.
Grounds
Father filed for child support? We will have to take into account a few more nuances in which payments will be assigned. The thing is that it is far from always possible to demand financial support from children. Even disability and retirement age do not always allow receiving alimony from their children.
In addition to these conditions, there are a number of reasons for which financial support for parents is assigned. Namely:
- children have come of age (or emancipated);
- adults are recognized as able-bodied;
- there is confirmation of family ties;
- parents are in dire need and cannot work themselves.
Only with all these features, children 100% will have to pay alimony to their parents. But in reality, everything is not as simple as it seems. Relatives often meet in court precisely because of maintenance disputes.
How can I pay?
Can a father file an alimony for his daughter? Yes. And on the son too. Mother can also file for alimony. This is the legal right of parents. But, as we have already found out, it can only be realized under certain circumstances.
There are many ways to pay child support. For example, by personal agreement or by an alimony agreement drawn up by a notary. Parental support may also be awarded in court. This alignment in practice is most common.
Nevertheless, with a good relationship with children, you can not worry about your old age. They themselves will help to the best of their ability. But if the relationship is not very good, then you have to seek justice through the courts. Do children need to be afraid of anything?
The financial situation of children
Yes. If the parent applies for child support, then subject to all of the above conditions and grounds, you will have to give part of your income to former legal representatives.And it doesn’t matter at all what kind of relationship is really between parents and children. Even with family strife, for good reason, you will have to pay money.
At the same time, the court will not worry about the financial situation of children. This means that the precarious financial condition of the young generation will not free him from child support. The court will still force one or another payment. Yes, the financial condition of the family will be taken into account, but not as the main indicator for the award of alimony.
Dimensions
How much will you have to pay? Child support is not regulated by modern law. This means that you cannot accurately predict the size of the payments.
In other words, the court will examine the financial situation of parents and children, the degree of need of their ancestors and their spending. After that, alimony will be assigned in the required amounts. There are no clear instructions, as has already been said, on this subject. It all depends on the specific situation.
Few children
"My dad filed a child support bill for me. What should I do?" - such complaints are found in real judicial practice more and more often. And the applicants are indeed in most cases fathers. It is they who must pay child support when divorcing a spouse.
What if parents have several children? This fact will be taken into account by the court. It is impossible to free one child from the maintenance of parents and transfer this responsibility to the other in full.
What does it mean? If the father filed an alimony for his daughter, but he still has able-bodied adult children, then the daughter can prove this to the court and relieve herself of some of the financial responsibility for the maintenance of the pope. You can refuse help from a specific child, but to your own expense. The court, as already mentioned, will equally distribute maintenance obligations between the children.
Parents and their obligations
“My dad wants to file an alimony against me,” a complaint that can be found more and more often in Russia. Far from always worrying about such threats. The thing is that child support for parents is awarded taking into account many conditions. And not only those that have already been presented to attention earlier.
In addition to them, the parent-plaintiff will have to prove to the court that he has fulfilled parental obligations throughout his life. That is, he kept, educated, taught, treated and protected his child. Otherwise, he will not be able to demand child support. This nuance must be taken into account and proved.
Father filed for child support? Never himself paid for the maintenance and upbringing, as well as the education of the child? Then the daughter has nothing to fear. She will have to prove the fact of her father’s evasion of child support, after which the judicial authorities recognize such a parent as unworthy. And even his difficult financial situation and disability cannot be the basis for the appointment of financial support from children.
Also, parents deprived of their rights cannot apply for child support. Such people in practice only threaten children with child support in court, so that they voluntarily agree to provide for their ancestors. But according to the law, the deprivation of parental rights is a serious operation that relieves biological parents of responsibility for the upbringing and maintenance of minor children. And the right to alimony is also taken away from them.
Small alimony - a reason for panic?
Father filed for child support? A child can be forced to finance a disabled parent in need, if he performed his parental functions.
In modern practice, quite often there are situations in which parents pay child support, but in miserable amounts. Fathers by all means lower their salaries so as not to spend money on underage descendants. Nevertheless, alimony, albeit in very small, sometimes ridiculous amounts, they pay.
In such circumstances, the child may face serious problems in the future. The father in this case has the right to alimony. Yes, and in a decent amount, and not in the form of symbolic payments.
Alimony is collected from children when the parents are needy, incapacitated, and provided that they have, to one degree or another, provided care and maintenance for minor children. Paid child support - it means kept, fed, raised and trained. That is what the court will consider. And all the same, that these payments could be about 1,500 rubles a month. The main thing is that child support is still paid.
Punishment for evasion
If the father filed an alimony for a daughter or son, and the child evades his obligations, then the descendants may be held liable for this or that. What is the penalty for avoiding parental support?
Among them are:
- arrest - up to 3 months;
- forced labor - up to a year;
- imprisonment - 12 months.
All these punishments are imposed only with malicious evasion of alimony. Judicial authorities must repeatedly warn the child about the need to provide financial support to parents.
Documents for the claim
How to apply for child support? To do this, contact the district court. The applicant must bring with him:
- passport;
- statement of claim;
- birth certificates of all children;
- work book;
- disability certificates;
- a statement of receipt of pensions and benefits;
- certificates of family composition;
- calculations indicating the desired amount of material support.
findings
Parental support is usually not paid. In families with good relationships, children usually voluntarily help their ancestors. But there are exceptions.
A disabled, needy parent filed for child support? If he honorably fulfilled his obligations towards children, then he should receive appropriate support in his old age. Otherwise, it will not work to demand money from children.
In general, each situation is an individual matter. And you can’t say for sure when child support will be collected, and when not. The main thing is that the Family Code provides for material support for both parents and children. Only a disabled parent can count on a positive court decision.
