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Art. 80 SK RF. Responsibilities of parents for the maintenance of minor children. Comment

Each citizen of our state has constitutionally fixed rights and obligations. However, in relation to a certain category of people, federal legislation provides for a number of additional obligations subject to strict execution.

Most of us are the parents of our children. The duties mentioned above relate to the category of parental responsibilities.

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They arise from the moment a baby is born. Each adult who has given birth to a child (both mother and father in equal shares) is responsible for non-fulfillment of their parental duty.

P. 1, Art. 80 of the IC of the Russian Federation establishes the obligation of each of the parents to maintain their minor child (s).

General Provisions

The main legal norms regarding the obligation to support their children are enshrined in Art. 80 SK RF and read:

  • The responsibility for the maintenance of the minor falls entirely on the shoulders of his parents. How it will be implemented has the right to determine the parents themselves.
  • Evasion of the obligation to provide financial support for your child (ren) entails the recovery of the content in court proceedings.
  • Children whose parents have been deprived of their rights are also entitled to receive content from their biological mothers and fathers. The right to represent the interests of a minor in this case is granted to the state through the guardianship authorities.

Having analyzed the comments on Art. 80 of the IC of the Russian Federation, it can be concluded that a mother or father who is deprived of rights in relation to his son or daughter, regardless of whose initiative this procedure was carried out, is not legally exempt from paying alimony. responsibilities of parents for the maintenance of minor children

Realization of the child's right to financial security

Each parent, by virtue of his status, is obliged to fulfill the duties of caring, educating, educating and maintaining the child.

Registration of divorce between father and mother should not have any material consequences for the minor. He also retains the right to communicate with each of the parents and receive relevant content.

In the event of a divorce, the responsibilities of parents regarding the maintenance of minor children also remain the same. A former spouse living separately from a son or daughter will have to pay a monthly maintenance amount. You can do this:

  1. On a voluntary basis, for example, by oral agreement between parents.
  2. Forced.
  3. By written agreement of the parties.

In this case, parents need to conclude an agreement and notarize it. guardianship authority

When one of the spouses evades the obligation set forth in Art. 80 of the IC of the Russian Federation, the other has the right to appeal to the court for the enforcement of the monthly amount of material support (alimony) for the common child (s). The relevant lawsuit against parents is also entitled to be submitted by the guardianship authority.

Judicial recovery options

Of great importance when filing a statement of claim is the basis chosen by the plaintiff. The court has the right to make the following decision in accordance with the stated requirements:

  • recovery of maintenance payments as part of the parent's total income;
  • recovery of child support in a firmly determined court sum of money.

As a rule, the spouse, in whose care the child remains after the divorce, refers to the first method of recovery.St. 80 sk rf with comments

However, the law does not prohibit the collection of monthly maintenance in a fixed amount. Usually, on this basis, maintenance is charged for the child if the parent tries to hide his true income or does not have a permanent source of income at all.

Obligation to keep disabled children

In accordance with applicable law, including art. 80 of the IC of the Russian Federation, parents are obliged to provide material support for their children, up to the age of majority (18 years).

However, given the fact that in our society there is a certain group of socially unprotected people, in particular disabled people (including those from childhood), the law obliges parents to support their disabled children with disabilities even after they reach the age of 18 years.

In this case, the size of the maintenance for an adult disabled child is determined in a fixed monetary amount, subject to monthly payment. In determining it, the court takes into account the financial security of the parents of the disabled child, as well as other factors that deserve attention.

In addition, family law provides for the possibility of attracting each parent to the obligation to bear additional costs for the child. For example, in the event of a serious illness or minor injuries (serious injury).n 1 st 80 sk rf

In this case, the parent living separately is obliged to bear the joint costs of treating the child. The size of the latter is determined by the court.

Compulsory collection procedure

In the event that one of the parents refuses to pay maintenance to his minor or disabled child, the law provides for the enforcement procedure, which includes the following methods:

  1. Collection of alimony payments through representatives of state bodies (the Federal Bailiff Service) using a full range of coercive measures.
  2. Coercion of a draft evader through the imposition of administrative and criminal sanctions as part of the judicial review of categories of cases providing for liability for malicious evasion of the obligation to maintain.
  3. Deprivation of parental rights with all the ensuing consequences.

Only a court can make this decision. It is worth noting here that the responsibilities of parents in the maintenance of minor children, even in this case, are not canceled. A father or mother deprived of the right to a child will still be charged with financial security in his favor.

Grounds for the release and termination of the obligation to maintain

The law provides for specific reasons when a person is discharged of the obligation provided for in Article Art. 80 SK RF.

Exemption from payment of maintenance is allowed only on the basis of a court decision that has entered into force. In this case, the only reason for the cancellation or exemption from payment of maintenance may be the dispute of paternity.

The termination of the obligation to pay maintenance occurs either with the death of the payer, or in connection with the child reaching the age of majority (in the absence of debt from the parent).


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