Up to what age child support is paid

Maintenance obligations are an integral part of family relations. In the event of dissolution of a marriage, the parent who lives separately from the child is obliged to make maintenance payments.

The question arises at the time the maintenance is awarded: how many years is the child maintenance money paid? Most people are sure that the time limit cannot exceed the time when they reach 18 years.

Many nuances have been laid down by law, defining the period during which a parent is obliged to support his or her son or daughter financially.

Up to what age are payments made?

Asked, "How many years has maintenance been paid?", the recipient has to turn to the law.

Under the current legislation of the Russian Federation, the general rule is that the payment of the allowance continues until the child or daughter of the payer reaches the age of 18.

This is due to the fact that children up to this age are not capable and unable to support themselves.

The absence of cash payments from a parent living separately is a violation of the rights of the child and entails prosecution.

Maintenance will be imposed on the debtor ' s salary and the parent cannot refuse to pay the benefit on his or her own.

Support is paid on the basis of a court decision or after the conclusion of a contract between the child ' s parents; it specifies the amount of the payment and the frequency with which it will be made; the amount of the monetary benefit is prescribed as a percentage of the parent ' s income; it may range from 20 to 50 per cent; the final amount depends on the number of dependent minors.

Payment of maintenance after reaching the age of majority

Up to what age is alimony paid if the child is studying? In Russia, payments can be made after 18 years of age.

The law provides for two reasons for the continuation of payments after the age of majority:

  • The presence of disabilities in children;
  • The recipient found himself in a difficult financial position.

The main document regulating the relationship and the answer to the question: "To what age should maintenance payments be made if a child is studying?" is the Family Code, one of which states that parents are obliged to maintain children who are unable to work.

Disability is a limitation to the ability to work and will therefore extend the maintenance relationship.

A parent living separately would be obliged to continue to maintain it until the court had ordered the termination of the payment.

How many years does maintenance pay if a son or daughter continues to study after reaching the age of majority? Some do believe that a parent living separately should continue to make payments if children go to a full-time university or technical school; however, there is no law regulating the continuation of the payment in the event of a child ' s education.

Students in higher education or technical education after 18 years of age are not recognized as incapable of work and the parent is not obliged to pay the money.

A bill is currently under consideration in the State House, according to which payments may be extended to the age of 23 if the son or daughter continues in full-time education, but the law has not yet been passed; therefore, the answer to the question, "How old are maintenance payments?" remains the same until the age of 18.

Discontinuation of payments to minors

Russian law provides for several cases of termination of payments to minors.

Among them are:

  • Death of one of the parties;
  • To achieve legal capacity before the age of 18;
  • The children for whom maintenance was sought were adopted or adopted.

Practice shows that adolescents sometimes become capable before reaching the age of 18; in Russia, the law provides for the recognition of a person as legal if he or she takes an official job or starts a business, in which case the payment of a parent is not paid.

A person who marries before reaching the age of majority is recognized as competent, in which case the obligation to pay maintenance allowance from the parent is waived.

How many years does it take to pay for a child to be adopted? The law stipulates that the obligation to maintain the child in full is transferred to the new father and mother. The biological parents do not pay the maintenance allowance.

Exemption from child maintenance

In Russia, the law provides for several cases of termination of maintenance relationships, including:

  • The court found that the payer was not the biological father of the children;
  • Re-establishment of legal capacity for children with disabilities.

The deprivation of parental rights does not constitute grounds for the termination of obligations.

This measure may be applied as a means of influencing:

  • A hard-core non-payer of child maintenance contributions;
  • Persons found guilty of ill-treatment;
  • Persons who have repeatedly violated the law.

Parents who are deprived of their rights to a child often file an appeal with the court demanding that they be relieved of their obligations to pay, but parents will be denied the complaint; the deprivation of rights is not a deprivation of duty.

Parents are deprived of the opportunity to participate in the child ' s fate, to see him or her, to take care of his or her upbringing, but the court does not waive the obligation to maintain him or her.

When asked how old the child would have to be, a parent deprived of rights should remember that the payments would be made on a general basis.

A payer may file an appeal seeking termination of payments until the child reaches the age of 18 years if:

  • The recipient committed an offence against the payer;
  • There was a record of inappropriate behaviour on the part of the recipient.

The Court will grant the appeal if the basis for its filing was the effective judgement of the recipient confirming the commission of the offence, and it is customary to consider that:

  • Abuse of alcohol;
  • The use of psychotropic and narcotic substances;
  • Ill-treatment;
  • Repeated criminal or administrative prosecution.

The court is obliged to consider the appeal by the payer; the decision will take into account the gravity of the recipient ' s offence and the number of prosecutions; if the grounds are reasonable, the court will grant the appeal.

The payer will no longer be able to pay in favour of the defendant; depending on the gravity of the offence, the plaintiff may have grounds for claiming all the funds already paid as alimony.

How can you respond to a complaint from a payer?

The recipient has the right to respond in silence to an appeal or to raise an objection, and it must specify:

  1. FIO of the recipient challenging the appeal.
  2. FIO of the barrister who filed an appeal with the court.
  3. The facts on which the payee ' s arguments are unfounded.
  4. Documents confirming the right of the recipient.

An objection to an appeal must be lodged with the same court as the court in charge of the award of maintenance and must be filed in two copies, and the appeal must be accompanied by documents confirming the right of the beneficiary of the maintenance.

If the court satisfies the objection, the answer to the question is, "How old are maintenance payments?" will remain the same until the age of 18.

Support for children: How old can they be served and how old are they paid in Russia?

  • The deadline for the end of maintenance payments is an important issue for both parties.
  • Supporters want to get rid of this burden quickly, and parents who are raising a child are afraid of being left without material support.
  • The law seeks to protect each of the parties without prejudice to the rights of others.

How old do they pay child support in Russia?

The State obliges citizens to provide their children with all the necessities necessary for their lives while they are minors, and it has been established by law in article 80 of the Family Code:

  • In a fully fledged family, the father and mother take care of the child according to their principles;
  • If the spouses are divorced, one parent pays the other child support;
  • If the spouses are not divorced but are separated from each other, the second parent is obliged to assist (in the form of maintenance) the first person with whom the child lives;
  • In the absence of any maintenance of a minor, the guardianship authorities bring the father and the mother before the courts.

Under 18 years of age (art. 21, para. 1, of the Criminal Code of the Russian Federation) and up to that age, maintenance is paid; when the child reaches the age of majority, maintenance is terminated, but if the maintenance worker is in debt, he is obliged to pay it in full (art. 114, para. 1 of the Criminal Code).

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The law allows parents to pay money:

  • On a voluntary basis;
  • In court.

In each option, there are exceptions and nuances related not only to the age criterion, but also to the physical state in which payments may be made for life and to the civil state in which the maintenance is terminated before the age of 18.

Voluntary

In this case, the parties agree not only on the amount and the manner of payment, but also on the timing of the termination of the financial obligation (article 99 of the UK).

Under the agreement, alimony may be paid not only to the age of majority but also to the age of majority, since the contract is concluded voluntarily and by mutual agreement of the parties.

For example:

  • Before obtaining a diploma at a university or college;
  • Until formal employment;
  • until the time of the marriage, and so on.

The payment of maintenance in such a case shall cease if::

  • One of the parties dies;
  • The time limit set out in the notary agreement for the termination of cash payments has come into effect;
  • The voluntary agreement itself was terminated.

Under the terms of the contract, maintenance should not end before the child ' s majority, as this would be considered a violation of the law and human rights.

On the basis of article 102 of the Russian Federation, a notary agreement that infringes on the rights of the child is null and void.

If alimony is ordered by a court, its modification and termination shall also be considered by a court (art. 119, para. 1).

The financial obligation may be fully cancelled by the court in the event of:

  • Recognition of the full capacity of a minor long before his or her 18th birthday;
  • Adoption of a minor.
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Full capacity is coming.:

  • At the time of marriage, it is permissible in Russia to do so from the age of 16 with the permission of the guardianship authorities (art. 13 of the UK);
  • In this case, the minor must be authorized by the guardianship authorities or the court to recognize his or her emancipation only if he or she is in a formal employment contract or contract or if he or she is in business (art. 27 of the Criminal Code of the Russian Federation).

In both cases, the minor acquires full legal capacity and the child ' s maintenance is terminated.

The withdrawal of maintenance obligations occurs when a minor child is adopted.

But the payer is not exempt from the accumulated debt that he is obliged to pay, except for a difficult financial situation or a sickness on the part of the paying party.

If the child is placed in the care of a parent who pays child support, the child is entitled to apply to the court for exemption from payment.

There are two cases in which people who have reached the age of 18 are forced to pay alimony.:

  • Disability;
  • Three-year statute of limitations.

In the first case, parents must maintain adult children if the latter:

  • Unable to work;
  • They're in need of help.

Persons with disabilities in groups I, II and III are adults who are unable to work.

Pursuant to paragraph 9 of Government Decision No. 95 of 20 February 2006, disability may be established for a period of:

  • Group I - 2 years;
  • Group II and Group III is one year.

The same period of time shall apply to the extent of restrictions on work.

Therefore, if disability is removed from medical and social assessment, the person becomes able to work and does not need maintenance.

There are also citizens who have been assigned a disability group indefinitely and may then be awarded alimony for life.

It is worth noting that the law does not regulate groups as "working/unworking"; depending on the degree of impairment, it is considered that:

  • Group I is not capable of full-time work;
  • Group II - a person can work in a specially equipped workplace;
  • The third group is a person who can do his job, but with restrictions.

Since in some situations a person with a disability may be employed, the alimony worker may file a claim to reduce or terminate maintenance payments.

In that case, the liability would end if:

  • The death of one of the parties;
  • The removal of disabilities;
  • To improve the material condition of the recipient.

If a child is disabled after 18 years, he or she also has the right to alimony from a second parent for life or before he or she is able to work.

In other words, an adult citizen may file a claim with the court for payment of his funds over the past three years.

It is essential that this period be taken over by the age of 18 years if it proves to the court that they have been repeatedly sought by the parent of the maintenance and that the latter has evaded payment.

The evidence may be:

  • telegrams;
  • Purchased letters;
  • E-mail;
  • Appeal to a justice of the peace for a court order.

If a kid goes to university, tech school, college?

  1. After all, there are teenagers who, at this age, are still in school and are unable to provide for themselves.
  2. Students of higher education, technical schools and colleges who are in full-time training are not all able to study and work in parallel.
  3. To date, however, there is no article requiring students to be supported.
  4. If there is no notary contract providing for maintenance until the end of any education, or if the student is not disabled, he or she loses the right to material assistance from his or her second parent when he or she is 18 years old.

Under the law, adult tutors are considered able to work, and despite the fact that they may need money, they are not entitled to alimony.

In 2015, Bill No. 876581-6 was proposed to legislators, adding a paragraph to the Family Code, which would oblige them to continue providing material assistance to a student up to the age of 24 who is a full-time student in any educational institution, but is still under consideration.

It is a matter of the conscience of every parent to support his or her child materially until he or she is on his or her feet, to hide from the payment of maintenance below human dignity, which is why the law is periodically amended to protect children ' s rights.

How many years does maintenance pay in 2023, when a child is studying, Russia, a disabled person, the law?

Child support payments are processed on a number of algorithms and are considered mandatory because parents are required to provide child support before they reach the age of majority.

It is necessary to know how many years maintenance payments are made in the Russian Federation in 2023; this area is clearly regulated by the legislation of the Russian Federation.

Important points

The child ' s maintenance fee provides the opportunity to fully provide all necessary supplies, and both parents are equally required to take care of the child and participate in the child ' s upbringing.

There are several options for recovery:

Peace agreement In the course of such a resolution, it is envisaged that a contract will be concluded to regulate the relationship between the parents and that any payments, payment dates and so on may be established.
Trial This process requires the filing of a claim and the establishment of specific requirements, in which case the judge will take into account the different options for calculating the payment, but the amount will be based on the citizen ' s income at the time of filing the application.

Depending on whether it is possible to negotiate or not, the parents choose the option of payment of child support, but this amount must be paid in any case.

What is it?

Maintenance is a financial payment that is made within a specified time and amount, and it is the responsibility of the parent who does not directly finance the child to pay the child ' s maintenance.

There are several options:

  • The family lives together and the parents are married;
  • Parents live in the same house but are divorced;
  • The family does not live together and has no formal ties.

Under the law, a child may be required to pay maintenance until he reaches the age of 18; after reaching the age of majority, the parents are not obliged to provide the children with material assistance, but there are several special situations in which financial support can be provided.

Payment may be made by such persons:

Father or Mother Depending on the child ' s parent ' s security
Child ' s legal representatives In such a case, both parents pay

Under what conditions are the procedures to be followed

The legislation specifies a specific list of the conditions to be met in order to receive maintenance payments:

Existence of confirmation of a child ' s and parent ' s relationship There are many situations in which affinity cannot be considered established and the procedure needs to be carried out separately.
Age limits They concern those children who have reached the age of 18 years, after which only some categories of children may be eligible for legal benefits.
The parent who must make the payments has an income This may not be the reason for refusing to pay, but the fact is that the parent will not pay, and the court may freeze the amount, reduce the amount, and so on.

Legislative framework

The Family Code of the Russian Federation should be used as a basis for the consideration of the question of the payment of alimony, which includes all the basic provisions and is the regulator of family obligations.

Article 13 provides information that parents and children are equally required to support each other financially, and claims for maintenance may arise between spouses.Every child has the right to material security under this law.

This is stated in article 53, which sets out the accompanying points of the payment procedure, and the amount of the maintenance allowance that is paid during the trial is set out in article 81 of this legal instrument.

If a settlement agreement has been concluded, it must be based on the points set out in chapter 16. This includes provisions not only on the amount of payments, but also on the procedure for the conclusion of the transaction, the signing of the agreement and further options for the recovery of funds under the contract.

If there is a need to establish affinity, the legislative provisions are found in article 49, chapter 10, which contains information on the algorithms applied during the procedure.

Article 48 of the same UK of the Russian Federation can read which provisions are used for standard options for establishing affinity.

How many years do you pay child support in Russia?

The standard age for the termination of maintenance payments in Russia for 2023 is 18 years; from then on, the parent can stop the payment of maintenance payments; it must be borne in mind that there are exceptions that are provided for by law and judicial practice.

There are several factors that may affect the age at which payments are made:

The child is in full-time education It is therefore unable to provide for itself financially, and during the court proceedings, it is possible to obtain an extension of the period of maintenance up to the age of 23 years, until such time as the child can receive an education and start to earn his or her own income.
In case of admission to the Faculty of Medicine Since such institutions last longer than other institutions, it will be necessary to prove the child ' s need for resources and the inability to provide for himself or herself.
If the child has a health condition and is identified as a disability group For the most part, after 18 years, payments may be made to those who are unable to work in the first and second groups.
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Procedures for processing

There are two options for making payments; notarization of the maintenance agreement will be the fastest and most advantageous; in the event of non-payment under the contract, the parent will be able to apply to the court for a recovery procedure.

And the procedure is going to be much faster -- you just have to get an order and go to the executive authorities -- the second way is to go to court, and you have to write a statement of claim to justify the requirements for a second parent.

It is possible to make such a model:

The paper and the list of other documents are then sent to the court at the place of registration or residence of the paying parent, and the court will determine the amount of the payment and the possibility of making it.

Conditions of appointment (amount)

The basic condition for a certain amount of payment is the income of the parent; the law does not exempt the payment of maintenance if there is no income, but in such a case the assessment will be based on the minimum wage in the region.

The provision of a number of documents will also be mandatory:

  • Judicial orders for the hearing of a case;
  • Executive documents;
  • An application for consent to pay the money from the second parent.

The maximum percentage that can be assigned to a child is 70 per cent of income.

Up to 18 years of age

Payments up to the age of 18 years are considered standard and are ordered by the court or by the parents ' agreement; in the first case, the amount depends on the defendant ' s income; and for one child, one portion of the income is assigned, and for two, one third.

And then there's only an increase, and in general, 70 per cent of the wages can be paid, and a further split will be based on this amount and shared equally among all children.

If a disabled child

When a child has a disability, he or she is given maintenance even when he or she has reached the age of 18, in which case the sum will not be different from the minors, and the same formulas are applied.

A special feature is the fact that the parent will pay the money until the child dies or dies, and the disabled person may be cancelled for payment, in which case the payment is not payable.

But alimony is allowed to be added to the benefits that a disabled person receives on a social basis, and in addition to the child allowance, the second parent may have to pay for the work of the parent who cares for him.

In this case, it is necessary to prove that there is a need for constant supervision and that a parent cannot work.

If he's studying

When a child is educated and unable to work, to support himself or herself, he or she may receive a maintenance fee in court, but there are a few nuances: the parent needs to prove that the child is in financial need.

It is only then that there is a chance to obtain a positive decision from the court, plus the role and position of the second parent, which often shows that the case is left without a positive decision - the second parent makes a voluntary commitment to contribute a sum of money to help the child.

There is no legal obligation to make such payments, although there have been numerous proposals to include such items in legislation.

The child is expected to receive the child's benefits until he or she reaches the age of majority; at such an age, he or she cannot fully support himself or herself and pay the child's allowance, a direct obligation of the parents.

But there are also a number of features that can extend the child ' s support period, and they need to be taken into account in order to get the benefit right.

How many years do they pay child support?

Maintenance payments are a serious blow to any person's budget, and it is logical that payers ask how long they need to make payments.

Such questions may not seem very ethical with regard to their own children, but family relations vary and, in some cases, the desire to stop paying is simply intolerable.

When it is possible to refuse to transfer funds without risking a fine or other punishment, we will explain it in this article.

Limitation on the age of majority

Article 80 of the UK states that parents are obliged to maintain their minor children.

It follows that once a child reaches the age of majority, all listings can be terminated with a clear conscience without fear of the reaction of the bailiffs.

It must be understood that children are not always considered adults as soon as they reach the age of 18; in some cases, the age of majority is even earlier.

Who are considered to be adults

  • A person who has reached the age of 18 automatically becomes an adult.
  • A child who is officially employed and has begun to earn money for his own maintenance but is under 18 years of age is also considered to be an adult, usually between 16 and 17 years of age.
  • A person who marries or marries without 18 years of age is also considered to be an adult, since it is assumed that if he is old enough to make such decisions and to bind himself to marriage, he must already provide for his own family as well as himself.

In all cases submitted, payments can be terminated immediately upon the occurrence of the event; usually the last payment is due per month of the event.

ExampleThe child is employed in April 2023 and is still under the age of 18, but the maintenance payer has the full right to terminate the maintenance payments by making the last transfer in April 2023.

Unable to work and incapable children have the right to maintenance even after 18 years of age, and the law does not specify the time limit for such payments to be made; it is assumed that, indefinitely and, more precisely, until the situation changes; there are many options for change:

  1. If the disability is due to serious injuries, the child (or an adult) may simply find employment/work that can generate income while the disability does not have any impact on the effectiveness of the tasks performed.

Example:: A child may lose both legs, but successfully work on a remote basis as a programmer or writer; in both cases, he or she will be able to support himself and the need to pay alimony will cease.

  1. If a person ' s inability to work is temporary and after a period of time can recover fully, alimony is paid up to the moment of recovery.
  2. Inability can be the result of a serious mental disorder; many of them are reversible and, with proper treatment, can regain their ability to think and act properly; the case is similar to that of the previous one.

There is a mistaken view that alimony should be paid even after the age of majority, provided that the child is educated at a school or other educational institution.

Although the logical consequence of education is the fact that working at the same time (and consequently maintaining themselves), the child cannot, the law ignores this fact.

In fact, the alimony payer should not consider whether a child is studying or not; many parents support their children financially for the duration of their education, but such payments are only a non-binding gesture of goodwill.

In addition to the above-mentioned cases, the payment of maintenance ends in the following situations:

The child was adopted or adopted by another person.

ExampleThe couple broke up, the child stayed with the mother, and the father paid maintenance properly, but at some point in time the child ' s mother married another man who had adopted the child.

  • The baby's dead.
  • A maintenance payer died.

Maintenance obligations are not terminated if the payer has not fully complied with them by the time the child reaches the age of 18 years, until the age of the proceedings depends on the adult, so that he/she is now obliged (if he/she wishes to receive the payment) to apply to the court for recovery of his/her debts.

Example: The father of the child has not paid the full amount of alimony in recent years, and according to the agreement concluded between the parties, he was entitled to reduce the amount of the payments slightly because of his own financial problems, but he was still obliged to pay the full amount of the debt. After his majority, the obligation to pay the debt was not lost, but the father hoped that the child would apply to the court to recover the balance of the maintenance from his parent.

In this case, the statute of limitations applies, and the child has three years since reaching the age of majority to apply to the court, otherwise he or she runs the risk of losing his or her right to the balance of the debt.

In Russia, it is not the first year of the maintenance law that they want to amend the law so that maintenance will have to be paid after 18 years of age if the child is studying, but proposals have not yet been accepted, nor is there any information as to whether this will happen at all and how it will all look.

If the situation of cessation of maintenance payments is controversial and not obvious to all parties, before stopping payments it is worth collecting evidence of their right and making sure that everything is the way it seems to be, in order not to be mistaken and by chance to violate the law, we need to approach our lawyers, and for free consultations, experienced professionals will help solve the issue, provide a solution and, if necessary, even represent the client in court.

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Up to what age child support is paid in Russia, up to how old alimony is paid.

Current legislation defines maintenance obligations as a measure of additional support for citizens who are unable to provide for themselves; generally speaking, if maintenance is assigned to children, payments are terminated from the moment of their majority, but there are some special cases in which this period may be changed.

How old is alimony paid?

As a general rule, parents are obliged to support their children until their majority; however, the current legislation assumes that in certain circumstances the time of termination of payments may be changed.

Thus, child support may be extended if the child is unable to work; in this situation, maintenance may be recovered until he or she is fully recovered and even for life, until the child ' s judicial annulment or in cases where:

  • The beneficiary of the maintenance died;
  • A maintenance payer died;
  • The recipient of the maintenance is adopted;
  • The child received early legal capacity (emancipation procedure).

Beneficiaries are often interested in the end of the payment, which can be answered by analysing the legal rules, in particular the Family Code of the Russian Federation. As a general rule, the penalty is up to the age of majority, but in some cases it can be extended. In any situation, it is important to be guided by the legislation in force in order to avoid negative consequences.

On trial

Maintenances can be enforced either by agreement of the parties or by a court; if a court appoints them, it will determine how long they will be recovered; the general rule, as already stated, is to be reached by the age of majority.

Child support is also ordered by the courts after the child ' s majority when he or she is unable to work and in fact needs additional support; otherwise, the payment is terminated at the age of 18.

The court may not assign alimony for a longer period if the child is not unable to work; moreover, from the moment of his or her majority, if he or she is legally capable, he or she shall be responsible for himself or herself, i.e. he or she becomes fully capable of doing so.

Maintenances ordered by a court may be cancelled by a court upon application by the payer or recipient if:

  • The child is under 18 years of age;
  • The child is engaged in entrepreneurial activities;
  • In other cases of full capacity.

By agreement

A maintenance agreement is voluntary and must be certified notarized; failure to comply with the form of the agreement will result in its invalidity; it is important that the agreement does not violate the rights of the child, otherwise the notary refuses his or her assurance.

Such a document may contain many conditions, including the duration of the payment, and the parties may indicate that the content is transferred for a longer period than before the children ' s majority, but that this paragraph does not have legal effect - there is no such rule under the law and the terms of such an agreement remain with the payer ' s conscience.

Such an instruction, however, would not allow the recipient to seek enforcement through the courts or enforcement proceedings; in fact, it would not be possible to force the payer to incur an additional obligation; payments could only be made on a voluntary basis.

For example, the Rostov Regional Court upheld the decision of the Rostov-on-Dona Railway District Court.

The plaintiff, as a parent and recipient of maintenance, appealed against the actions of the bailiff ' s office to discontinue the payment of maintenance on the grounds that his son had reached the age of majority.

Previously, an agreement had been concluded between the recipient and the claimant stating that maintenance was listed as follows:

  • To the age of majority of the recipient;
  • Up to the age of 21, if the child is in full-time study at a higher education institution.

Even before his son reached the age of 18, the payer stopped paying the money voluntarily and the payer applied to the bailiffs for enforcement.

Following the cessation of the recovery of maintenance by the bailiffs, the plaintiff filed a complaint with the District Court, which declared the acts of the bailiffs lawful.

The Court of Appeal found that the claim for recovery was unlawful, since the child was an adult and had upheld the decision of the previous court; the terms of the agreement on alimony after 18 years were not based on the law.

Early termination of obligation

In some cases, the termination of the penalty may be carried out before the child ' s majority:

  • If the child is adopted or adopted by a third person.
  • A minor found a permanent job and started doing business (as emancipated and became fully functional early).
  • The agreement states that payments shall cease until the child ' s majority and maintenance shall thereafter be ordered by the courts, but shall be null and void and may not be certified by a notary.
  • The death of one of the parties is the recipient or payer.

In other cases, the penalty is up to the age of majority or even later in the event of a child ' s inability to work

If the child has been disabled since childhood

The recovery of maintenance in Russia may be extended if, upon reaching the age of majority, the child is unable to provide for his or her needs on his or her own; for example, he or she is disabled as a child.

Such a condition deprives him of the possibility of a full life, and the law assumes that his parents are responsible for him even when he reaches the age of 18; payment shall be terminated if, by a decision of a commission or a court, the disability is removed or if the court so decides.

In the future, alimony may also be cancelled by the court as a result of the restoration of the child ' s ability to work and the removal of the disability groups, if any.

If maintenance is a debt and the child is 18 years old

Many payers are wrong to believe that if a child turns 18, all debts are repaid and the obligation to pay maintenance is cancelled.

All accumulated arrears must in any event be paid by the payer, even if the child ' s maintenance payments are discontinued.

If alimony is paid voluntarily

In some cases, the payment of maintenance is voluntary; in such a situation, there is no agreement between the parties and the funds are transferred on the basis of oral agreement.

Such conditions make it possible to pay maintenance for any period of time, if the payer wishes to do so; the age of the child will not matter; that is, the right of the payer, but not his or her duty.

IMPORTANT: Refusal to pay maintenance voluntarily cannot be contested, and the payer is forced to continue paying; the child's parent has the right to support the child for the rest of his life, but only the right – not the duty.

Cancellation of payments if the child becomes capable

Article 120 of the UK regulates the termination of a parent's obligation to maintain a child at his or her emancipation – that is, to obtain full legal capacity before reaching the age of official majority – 18 years.

Article 27 of the Criminal Code establishes the conditions for the early acquisition of the full range of legal capacity by a person under the age of 18:

  • Entrepreneurship, if the child is engaged with the consent of the guardian or the parents;
  • Work on a contract of employment.

It is up to the guardianship authorities or the court to decide whether the minor has attained early legal capacity.

A maintenance payer may also initiate this procedure by applying to the court for the annulment of maintenance in the event of full capacity; the fact of emancipation will be determined by the court in the context of the consideration of the payer ' s application.
If full capacity is established, child support will be abolished.

IMPORTANT: The child ' s emancipation is also subject to the maintenance payments recorded in the notary agreement, but the emancipation does not prevent the parent from helping his or her sleep or daughter voluntarily with any amount and frequency.

Maintenance after majority

Support is paid after the age of majority only if the child is incompetent and in fact in need of additional support; disabled citizens may receive alimony for life if their need for support is so long.

In other cases, payments are discontinued: deputies at various levels regularly propose the idea of extending the period of recovery of maintenance to 23 years if necessary (e.g. in face-to-face training of the recipient) and such a bill has even been considered by the State Duma but has not yet been adopted.

For more details on the possibility of recovery of maintenance after the age of majority and the terms of such maintenance, see the separate article "Alements after the age of 18".

We need a lawyer.

Issues relating to the recovery of maintenance are quite complex, especially when it comes to the payment of payments after the child ' s majority due to disability, which can be dealt with on its own, but it will take a long time and a thorough analysis of the situation.

Citizens who wish to obtain a positive result should at least seek prior advice from a lawyer.

Our specialist will provide advice free of charge on all matters that arise, assess the situation and assist in the preparation of documentation. The lawyer will help to understand the age at which maintenance can be expected, what this involves, and whether it is possible to extend the period of time or to revise a previous agreement.

  • Due to the constant changes in legislation, regulations and judicial practice, we sometimes fail to update information on the website.
  • Your legal problem is 90 per cent individual, so self-protection and basic solutions are often not appropriate and will only complicate the process!
Up to what age child support is paid Reference to main publication
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