Caring for, treating, raising and even educating a child with a disability is incomparably more difficult physically and financially more expensive than a healthy one.
How is child support calculated for a disabled child if he is an adult or a student, how does the assistance depend on the severity of the illness, what is the collection procedure and the amount of payments?
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Until what age is child support paid if the child is disabled?
The main legislative document regulating the topic of collection and payment of funds for the maintenance of children is the RF IC (Articles 80 - 86, 99-120).
- The provisions of the Code indicate that until the child reaches the age of majority, that is, until the child turns 18 years old, the parent who does not live with the child is obliged to pay alimony for his maintenance.
- But after 18 years, collection of funds in favor of a disabled person is possible only if there is incapacity and need.
- At the same time, the upper limit of the age of a disabled person is not limited in any way; what matters is the state of health, the need of the child and the capabilities of the parents.
- Payments may be terminated in the following cases:
- removal of disability and the patient's ability to work;
- a disabled adult child will no longer be in need;
- death of the recipient or payer of funds.
Alimony can be increased or decreased through the court, if there are legal grounds.
Amount of payments before and after adulthood
Important! Until a disabled child reaches adulthood, payments are assigned in the same amounts as for healthy children. .
In Art. 81 of the RF IC indicates the amount of alimony from the payer’s income:
- 1/3 – for 1st child;
- 2/3 – for two children;
- ½ – for three or more offspring.
The mother has the right to seek the award of payments for the maintenance and care of a sick child in the amount of up to 50% of the father’s income.
After reaching adulthood, the amount of payments is established in accordance with Art. 85 of the RF IC, on an individual basis - depending on the capabilities of the parents and the degree of need of the offspring.
For an adult son (or daughter) with a disability, alimony is assigned in a fixed sum of money, as stated in paragraph 2 of Article 85 of the RF IC, paid monthly.
Attention! If a child has been disabled since childhood and there is no agreement, then after reaching adulthood it is necessary to file a new claim for child support.
This can be done by the mother of a disabled person, or he himself, if he is capable.
There are no special instructions for cases where the child is disabled, except for Art. 86 of the RF IC, obliging the alimony payer to also participate in additional expenses, both past and future.
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The disability group does not play a special role when assigning alimony; the size of the pension is important, since one of the grounds for assigning payments to an adult is the criterion of need.
As a rule, alimony for a disabled person of group 1 is assigned and paid for life; an improvement in the patient’s health is very unlikely, as is an improvement in his financial situation.
In addition, the mother caring for such a child can file a claim for payment of alimony for her maintenance.
If an adult disabled person has 1 gr. required:
- special care;
- operation;
- expensive drugs, procedures, etc.;
- periodic prophylaxis in a hospital, sanatorium, etc.,
then parents, regardless of their wishes, are obliged to participate in expenses if the sick child is not able to pay for such expenses with his pension.
Attention! Parent who does not live with a disabled son (daughter) 1 gr. and who is not providing full-time care, will be required to pay alimony in such a fixed amount as the court determines, taking into account all the circumstances.
At the discretion of the ITU, depending on the severity of the condition and the nature of the disease, a disabled person who has reached the age of 18 may be assigned 2 gr. – non-working or partially working.
Disabled person's pension 2 gr. from childhood is assigned in the amount of 10,360.52 rubles. (without NSO), and when assigning status after 18 years - 5180.24 rubles. (without NSO).
The amount of support from the state is precisely the factor that will affect the amount of recovery from the parents.
If the disability status is 2 gr. with partial working capacity, then an adult disabled person must document that he was unable to find a job (a certificate from the employment service).
The courts are more biased in establishing alimony for this group of the population after reaching adulthood and award payments only in truly difficult situations.
Important! In order for a claim for alimony to be satisfied, special attention should be paid to providing documents confirming incapacity for work and/or denial of employment.
For this category, the law does not distinguish whether disability began in childhood or in adulthood: the social pension in both cases is the same and amounts to 4403.21 rubles. (without NSO).
The amount is not high, and an adult child strapped for funds has the right to ask the court for help from his parents.
The court will take into account what the real physical capabilities of a daughter or son with 3 grams are. disability to find a job based on the nature and characteristics of the disease.
A certificate from the employment center about unsuccessful attempts to earn a living can help, but does not guarantee that alimony will be awarded.
Judicial practice confirms that most often adult children with a status of 3 gr. You shouldn’t count on collecting funds from your mom and dad.
Payments to disabled students
- The fact that a son or daughter with a disability is acquiring a profession is highly commendable, but the student does not have the legal right to request financial support on this basis.
- The only way to receive funds from parents during the period of study is the parents’ own desire.
- They can draw up a voluntary agreement to pay the funds.
- It is impossible for a disabled student to collect child support from the parents in court; there is only the possibility of demanding assistance, citing a lack of funds.
- In this case, the court will consider the application of the disabled person and has the right to consider the fact of study as an argument in favor of the needy adult child for awarding alimony.
Grounds for withholding alimony for a disabled child
Retention can be carried out on the basis of a voluntary agreement, duly executed, or a court decision.
Will take into account:
- financial capabilities of the parent;
- family composition;
- number of dependents:
- the presence of various debt obligations that impair the defendant’s solvency.
- To begin with, it is worth trying once again to resolve the issue peacefully and draw up an agreement.
- Since oral agreements may cease to be observed at any time, the agreement should be drawn up by a notary.
- It sets out the payment procedure, possible indexation, the amount of the monthly payment or another procedure for paying funds.
- In this case, the document will have the force of a writ of execution.
- If you can’t reach an agreement, then you need to start preparing to file a claim.
Rules for filing a claim
When completing such an application, you must follow the requirements of Art. 131 of the Code of Civil Procedure of the Russian Federation, which regulates the form and content of the appeal.
Form – written.
The application must contain the following information:
- name of the court;
- details of the plaintiff – full name, address;
- the same in relation to the defendant;
- describe that the essence of the appeal is a lack of funds, for what reason, and make a demand - to oblige the defendant to pay alimony to his disabled child;
- provide evidence or justification for your claims;
- calculation confirming the required amount of alimony;
- list of attached papers;
- signature, date.
All possible options for contacting the applicant must be indicated.
Sample statement of claim for alimony from a disabled person.
What documents are needed?
The following documents will be required (Article 132 of the Code of Civil Procedure of the Russian Federation):
- Statement of claim (original) and its copies according to the number of participants in the process.
- A paper certifying the disability status of a son or daughter.
- Certificate of income confirming need.
- Certificates and recipes, receipts, etc. on fact or prospect additional. costs.
- Calculations of the need for the amount of alimony.
- Birth certificate of a disabled child and marriage papers of parents.
This is a basic list of documents, but it is possible that other documents will be required.
As paragraphs 1 and 4 of Part 1 of Art. 23 of the Code of Civil Procedure of the Russian Federation, alimony issues are within the jurisdiction of the magistrate’s court at the place of residence of the defendant or plaintiff.
As stated in Part 2 of Art. 154 of the Code of Civil Procedure of the Russian Federation, the claim must be considered within 30 days.
In what cases is refusal possible?
As a rule, the court strives to proceed from the interests of the disabled child, but in rare cases it still happens that the claim remains unsatisfied.
Refusal is possible for the following reasons (Article 119 of the RF IC):
- documents were not provided in full;
- an adult disabled child is sufficiently well off;
- the family and financial circumstances of the defendant do not allow the allocation of part of the funds;
- the plaintiff’s income data is unreliable;
- a disabled adult committed criminal or indecent acts against the defendant.
- A child's disability, regardless of the reasons, entails serious psychological and physical efforts on the part of loved ones.
- A parent who has failed the test is obliged to help the family even after a divorce.
- The court will oblige the parent who does not want to participate in the provision.
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Is alimony withheld from disabled people of groups 1 or 2? lawyer
Do disabled people pay alimony: the concept of disability, the features of this status, their responsibilities in terms of paying alimony. Features of collection of payments.
Alimony for disability: procedure and features
Maintenance obligations must be fulfilled by any parents, even if they are disabled.
The legislator has established a special list of types of income from which such payments can be collected. Pensions and disability benefits are also included in this list. At the same time, there are a number of features that should definitely be taken into account when implementing the procedure.
Disabled person: who is considered as such by law
A disabled person may be considered a person who has a permanent health disorder resulting from illness or injury, which results in the need for social support.
A disabled person cannot take care of himself fully or partially. Depending on the disability group, a person either completely needs outside help, or can meet his needs, but needs additional help.
To obtain the status of a disabled person, a citizen must apply to a special commission, bringing with him a number of documents confirming the impairment of health.
Should a disabled person pay child support for his child?
The obligation to provide for their minor child lies with each parent, without exception. The presence of disability does not relieve a person from this obligation.
A pension, including a disability pension, is one of the payments from which alimony can be recovered. The list is determined by Decree of the Government of the Russian Federation No. 841 of July 18, 1996. Subparagraph “a” of paragraph 2 states that alimony is levied on all types of pensions, and subparagraph “c” - on temporary disability benefits.
A disabled person can pay alimony voluntarily, on the basis of an oral agreement or an agreement certified by a notary, or in accordance with a judicial act.
Group 1 disability
A disabled person of the first group most of all requires additional social support. This status is assigned only in the presence of certain diseases, the list of which is also specified in a separate act.
A disabled person in this group is not able to provide even for their own needs. He cannot provide for himself at home, and accordingly, he has the highest payments from the state among other disabled people.
This does not relieve such a person from alimony obligations. The recipient of alimony has the right to go to court and receive payments from the disabled person’s pension. At the same time, a disabled person has a real opportunity to reduce the amount of payments, depending on his actual condition. The court will carefully examine all the circumstances and determine the size.
Disability 2 groups
A disabled person of the second group cannot work (except in rare cases), but can already provide for his basic household needs.
Such a person also has obligations to support and provide for the needs of his children. The legislator considered that the condition of the parents cannot be the reason why minors find themselves without their help.
Disability 3 groups
The third group is considered to be workers, that is, a person who has been assigned this status has the actual opportunity to work and earn additional money. The state only provides additional support to such a citizen in the form of payments and preferential working conditions.
Such persons with disabilities must also bear their child support obligations. In this case, alimony can be collected from both pensions and wages.
Options for collecting child support from a disabled parent
Alimony can be collected from a disabled person in one of the following ways:
- voluntarily, based on an oral agreement. In this case, it is recommended that each payment be accompanied by a financial document confirming it. At a minimum, this should be a receipt;
- on the basis of a notarized agreement;
- on the basis of a judicial act.
In this case, actual collection can also be made in different ways:
- the recipient sends the judicial act or notarial agreement to the bailiff service at the debtor’s place of residence. Bailiffs search for income;
- the executive document is sent to the Pension Fund or to the place of work of the disabled parent, if he is working.
Settlement agreement
The parties may enter into an agreement to collect alimony on a voluntary basis. Such a document must be certified by a notary.
The document may contain different procedures for calculating payments:
- as a percentage of the payer’s income;
- in a fixed amount.
Subsequently, the agreement can be used as an executive document and sent to the Pension Fund or the bailiff service.
Judicial order
If an agreement cannot be reached, the potential recipient may go to court. As a general rule, the recipient submits an application for an order to recover the amounts as a percentage. The payer can cancel the order, then collection will be made within the framework of the claim.
Amount of child support payments from a disabled parent
The amount of alimony is determined either by agreement or by a judicial act. As a general rule, one child receives a quarter of the income, two children receive a third, and three or more receive half. However, the size may vary depending on the circumstances.
Percentage of payments from salary
Often a disabled person has not only a pension, but also a salary. In practice it is common for it to have a third group. The percentage of penalties in this case will be normal - depending on the number of children.
What percentage is withheld from a disability pension?
A standard percentage is collected from the disability pension as alimony payments. The payer only has the opportunity to reduce payments through the court if he can prove such a need.
Cases when increased alimony is due
The recipient may also try to increase the amount of child support. This is possible when a child requires additional funds, for example, he needs long-term expensive treatment or care. The final decision is made by the court based on all factors relevant to the case.
Is it possible to reduce the amount of alimony?
The amount of alimony can be reduced only on the basis of a judicial act. This can be done immediately by filing a counterclaim for reduction within the framework of the case.
Reduction is only possible under certain circumstances. For example, if the payer has a serious illness and needs special care, and the funds available to him are not enough. It will not be possible to completely cancel alimony even in such a situation, since the court proceeds not only from the interests of the payer, but also from the interests of the child.
How can a disabled person be exempt from paying alimony?
A disabled person cannot be completely freed from paying alimony under any circumstances.
Even despite his special status and the need for additional care and treatment, the responsibility for maintaining the child will be on him.
If the disability is removed
If the disability is lifted, the recovery will continue in the general manner, based on the existing decision. The recipient will be able to perform several actions:
- review the amount of payments if they were reduced based on the payer’s health status;
- send the writ of execution to another body or to the payer’s place of work, if previously collections were made through the Pension Fund of Russia;
- contact the bailiff service or the court with a request to recalculate alimony based on the average salary in the region, if the payer does not have official employment;
- go to court with a demand to collect payments in a fixed amount.
As a rule, further collections are made in the standard manner, but from other sources of income.
Alimony is mandatory. Parents must provide for their minor children even if they have a disability. This status can be used to slightly reduce payments, but not to completely cancel them, which is impossible in practice.
Should a disabled person pay child support?
All parents are obliged to provide financially for their children until the latter come of age.
During a divorce, the child remains with one of the parents, and the other is obliged to pay child support.
The presence of a disability of any group in the payer is not a basis for refusal to pay alimony. Disability benefits are included in the list of income from which alimony can be collected.
Payment and receipt of alimony by a disabled person
Disabled people of groups 1, 2, 3 are not exempt from paying alimony for minor children, regardless of whether they can work or not. Availability of disability benefits is considered income from which a monthly amount can be paid to support the child.
Alimony must be paid by a disabled person in the following cases:
- For a minor child.
- For a pregnant ex-wife (or a woman who has proven the fact of paternity that occurred outside of marriage).
- For a woman on leave to care for a joint child until he or she reaches the age of three. A woman’s receipt of child care benefits does not exempt the father from paying alimony not only for the child, but also for the mother.
- For the spouse who takes care of the joint disabled child.
The disabled person himself can also file a claim for alimony from his ex-spouse. This is possible if the disability occurred during the marriage or within a year after the divorce. If the spouse has already reached retirement age, then it is allowed to accept an application for alimony payment within 5 years after the divorce (provided that the family life was of a long nature).
Restriction or exemption from obligations to a disabled spouse is permitted in the following cases:
- Disability occurred as a result of alcoholism or drug addiction.
- Disability was a consequence of an intentional crime.
- A short period of family life.
- Misbehavior of a spouse while living together.
Payment amount
- Conclusion of a peace agreement. In the absence of disputes between the parties, it is possible to conclude a peaceful agreement on alimony. A written agreement certified by a notary has legal force and can be used in case of disagreement. A voluntary agreement allows parents, without involving third parties, to determine the method of transferring payments, their amount and frequency of receipt.
- Filing a lawsuit. Violations of the terms of the peace agreement or the inability of the parents to reach an agreement among themselves leads to the need to collect alimony in court. The application is submitted to the magistrate's court at the place of permanent residence of the plaintiff or defendant. If the payer does not object to the payment of alimony, it becomes possible to resolve the issue through the court in an expedited manner. To do this, an application for a court order is submitted. The application is considered within 5 days, then a decision is made. If the debtor does not object to the court decision within 10 days from the receipt of his copy, the court order acquires the status of an executive document.
Payment of alimony by a disabled person must be made in a fixed amount of money, which is subject to constant indexation.
If a disabled person has one child, the amount of alimony will be a quarter of his income, if two - a third. Having three or more children means paying half of the income in the form of alimony.
Reducing alimony
- Increasing expenses for medications and medical procedures for a disabled person.
- Change in financial or family situation (the appearance of new children, loss of a source of income, etc.).
- The child has other sources of income that fully satisfy his needs.
- The parent living with the child acquires real estate or property that generates a stable income.
- The appearance of new alimony obligations for a disabled person.
- High payer income. The percentage of income used to pay child support in this case is too large an amount, which significantly exceeds the child’s needs.
List of documents for collecting alimony from a disabled person
To collect alimony, you must provide the court with the following documents:
- Application for collection of alimony (attach 2 copies).
- A copy of the marriage certificate (or divorce certificate).
- A copy of the child's birth certificate.
- A certificate about the composition of the plaintiff’s family (an extract from the house register confirming the fact that the child lives with the plaintiff).
- Certificate from the defendant’s place of work (if he is employed).
Do disabled people of groups 1, 2, 3 pay alimony?
The origin of the concept of alimony dates back to antiquity. In Ancient Rome there was a “alimentary obligation”, which was based on the law regulating kinship relationships. This law obliged the father, and then this responsibility passed to the mother. Only children born in marriage should receive them.
Illegitimate children were able to obtain such rights only later, under the influence of canon law. The fundamental element of their education was the inability to satisfy the vital needs of one of the parties, with the obvious wealth of the other.
Alimony was prescribed by the court, taking into account the social and financial situation of people.
First, let's give an objective definition of this concept.
Alimony is a citizen's funds for the maintenance of minor children and adult disabled family members, which, under the control of the state, are subject to redistribution in favor of needy family members, thereby providing them with guaranteed social protection of their interests. From the above it follows that this concept means the provision of “maintenance” on the basis of documents: court decisions, agreements on the payment of alimony, court orders.
In this article we will look at whether disabled people pay alimony ? Within the framework of the legislation of the Russian Federation, disability does not exempt from payment of alimony. A person’s unsuitability for work and dependence, inability to independently provide for his needs, does not relieve him of this responsibility.
Do disabled people pay child support? Regardless of whether the spouse is a disabled person of the second group, first or third, he is obliged to provide alimony for the maintenance of children under 18 years of age and adult children of disabled people of groups 1 and 2.
- How do disabled people pay child support? Only if several conditions are met can you demand payment of alimony from a disabled person, these are:
- - officially established paternity;
- - having a common child who is under 18 years old;
- -if the child is an adult, then the presence of disability of 1.2 groups;
- Collection of alimony can be made in three ways:
- - concluding an alimentary agreement;
- - registration of a court order;
- -claim proceedings.
Let's consider all three methods. If a disabled person is willing to voluntarily pay alimony, he can enter into an alimony agreement.
To do this, both spouses must record in writing all their requirements and responsibilities, as well as indicate the amount of monthly payments.
After all issues have been resolved, it is necessary to have the agreement certified by a notary. This option is suitable if the parties are ready to resolve their differences peacefully.
If the marriage was official, then alimony can be assigned through a court order. To do this, a simple application is drawn up, where all the requirements are included. Next, it must be taken to the judge.
In a few days, the judge will review the submitted documents and make his decision. If no further questions arise, a court order is issued.
This is an official state document that comes into force from the moment of its origin.
- The third method is litigation. For this purpose, a statement of claim is drawn up, and the following documents are attached to it:
- -birth certificate (photocopy);
- -passport of a citizen of the Russian Federation (photocopy);
- -certificate of marriage or divorce (photocopy);
- -statement of claim;
- -checks, certificates of expenses for the child (photocopies).
Withholding of alimony occurs in two ways. In a fixed size. This option applies if the debtor does not have official earnings. The court, taking into account all the circumstances, obliges to pay a monthly amount for the maintenance of the child. In the second case, payments are calculated as a percentage of the total source of income for the month and their size depends on the number of children (Article 81.82 of the RF IC):
- -for 1st child – ¼ (25%) of income;
- -for 2 children – 1/3 (30%) of income;
- -for 3 or more children – ½ (50%) of income;
Alimony payments stop after reaching adulthood, but according to Article 85 of the RF IC, an adult child with disabilities of groups 1, 2, 3 has the right to financial assistance from his parents. Even if they receive a pension and social benefits, alimony can be paid after adulthood.
But two arguments are taken into account: disability and need. Disabled people of groups 1 and 2, without a doubt, have the right to alimony, since they are recognized as completely disabled.
In some cases, disabled people of group 3 have a reduced ability to work, allowing them to perform certain types of work, so this disability group is not considered a basis for receiving alimony.
But if a disabled person is unable to find a job and support himself due to his physical limitations, then he can go to court. And through the court, resolve the issue of assigning alimony in your favor.
Alimony for a disabled person of group 1 . There is a stereotype that having a disability exempts a person from paying alimony. The very fact of disability does not carry with it any concessions or restrictions. Should a group 1 disabled person pay alimony? Alimony for disabled people of group 1 is paid in certain cases:
- -for a minor child;
- - for a pregnant ex-wife (or a woman who has established the fact of paternity that occurred outside of marriage);
- - for a woman who is on leave to care for a common child until he reaches the 3rd age;
- - for the spouse caring for a joint disabled child.
Alimony for a disabled person of group 2.
Should a group 2 disabled person pay alimony? Of course, and in this case, there are no relaxations; a disabled person of group 2 is also obliged by current legislation to pay alimony in favor of minor children, or adult disabled children who need stable care from other persons, as well as for all other reasons mentioned above. From what income is money withheld? According to Government Decree No. 841, money is withheld from all types of wages, as well as remunerations, bonuses and all kinds of cash accruals, both from the main job and part-time, as well as benefits, pensions, allowances and additional payments.
Alimony for a disabled person of group 3 . According to the law, for a disabled person of group 3, alimony is calculated on a general basis and is calculated from the pension, and not from wages. The ability to find a job is a factor in the equation of group 3 disabled people with regular alimony payers. That is why the legislation does not provide for any leniency on this issue.
In turn, a disabled person of groups 1 and 2 - alimony payer, can put forward a counterclaim, provided that he himself needs third-party care and incurs additional expenses for his maintenance, the court will carefully consider these arguments to justify reducing the amount of payments.
In addition, disabled people of groups 1 and 2 can demand alimony from their ex-spouse, subject to certain conditions, that the disability occurred before the divorce or within one year after the divorce. If the family history was long, then the court may collect alimony in favor of the retired spouse for five years after the divorce.
The origin of the concept of alimony dates back to antiquity. In Ancient Rome there was a “alimentary obligation”, which was based on the law regulating kinship relationships. This law obliged the father, and then this responsibility passed to the mother. Only children born in marriage should receive them.
Illegitimate children were able to obtain such rights only later, under the influence of canon law. The fundamental element of their education was the inability to satisfy the vital needs of one of the parties, with the obvious wealth of the other.
Alimony was prescribed by the court, taking into account the social and financial situation of people.
First, let's give an objective definition of this concept.
Alimony is a citizen's funds for the maintenance of minor children and adult disabled family members, which, under the control of the state, are subject to redistribution in favor of needy family members, thereby providing them with guaranteed social protection of their interests. From the above it follows that this concept means the provision of “maintenance” on the basis of documents: court decisions, agreements on the payment of alimony, court orders.
In this article we will look at whether disabled people pay alimony ? Within the framework of the legislation of the Russian Federation, disability does not exempt from payment of alimony. A person’s unsuitability for work and dependence, inability to independently provide for his needs, does not relieve him of this responsibility.
Do disabled people pay child support? Regardless of whether the spouse is a disabled person of the second group, first or third, he is obliged to provide alimony for the maintenance of children under 18 years of age and adult children of disabled people of groups 1 and 2.
- How do disabled people pay child support? Only if several conditions are met can you demand payment of alimony from a disabled person, these are:
- - officially established paternity;
- - having a common child who is under 18 years old;
- -if the child is an adult, then the presence of disability of 1.2 groups;
- Collection of alimony can be made in three ways:
- - concluding an alimentary agreement;
- - registration of a court order;
- -claim proceedings.
Let's consider all three methods. If a disabled person is willing to voluntarily pay alimony, he can enter into an alimony agreement.
To do this, both spouses must record in writing all their requirements and responsibilities, as well as indicate the amount of monthly payments.
After all issues have been resolved, it is necessary to have the agreement certified by a notary. This option is suitable if the parties are ready to resolve their differences peacefully.
If the marriage was official, then alimony can be assigned through a court order. To do this, a simple application is drawn up, where all the requirements are included. Next, it must be taken to the judge.
In a few days, the judge will review the submitted documents and make his decision. If no further questions arise, a court order is issued.
This is an official state document that comes into force from the moment of its origin.
- The third method is litigation. For this purpose, a statement of claim is drawn up, and the following documents are attached to it:
- -birth certificate (photocopy);
- -passport of a citizen of the Russian Federation (photocopy);
- -certificate of marriage or divorce (photocopy);
- -statement of claim;
- -checks, certificates of expenses for the child (photocopies).
Withholding of alimony occurs in two ways. In a fixed size. This option applies if the debtor does not have official earnings. The court, taking into account all the circumstances, obliges to pay a monthly amount for the maintenance of the child. In the second case, payments are calculated as a percentage of the total source of income for the month and their size depends on the number of children (Article 81.82 of the RF IC):
- -for 1st child – ¼ (25%) of income;
- -for 2 children – 1/3 (30%) of income;
- -for 3 or more children – ½ (50%) of income;
Alimony payments stop after reaching adulthood, but according to Article 85 of the RF IC, an adult child with disabilities of groups 1, 2, 3 has the right to financial assistance from his parents. Even if they receive a pension and social benefits, alimony can be paid after adulthood.
But two arguments are taken into account: disability and need. Disabled people of groups 1 and 2, without a doubt, have the right to alimony, since they are recognized as completely disabled.
In some cases, disabled people of group 3 have a reduced ability to work, allowing them to perform certain types of work, so this disability group is not considered a basis for receiving alimony.
But if a disabled person is unable to find a job and support himself due to his physical limitations, then he can go to court. And through the court, resolve the issue of assigning alimony in your favor.
Alimony for a disabled person of group 1 . There is a stereotype that having a disability exempts a person from paying alimony. The very fact of disability does not carry with it any concessions or restrictions. Should a group 1 disabled person pay alimony? Alimony for disabled people of group 1 is paid in certain cases:
- -for a minor child;
- - for a pregnant ex-wife (or a woman who has established the fact of paternity that occurred outside of marriage);
- - for a woman who is on leave to care for a common child until he reaches the 3rd age;
- - for the spouse caring for a joint disabled child.
Alimony for a disabled person of group 2.
Should a group 2 disabled person pay alimony? Of course, and in this case, there are no relaxations; a disabled person of group 2 is also obliged by current legislation to pay alimony in favor of minor children, or adult disabled children who need stable care from other persons, as well as for all other reasons mentioned above. From what income is money withheld? According to Government Decree No. 841, money is withheld from all types of wages, as well as remunerations, bonuses and all kinds of cash accruals, both from the main job and part-time, as well as benefits, pensions, allowances and additional payments.
Alimony for a disabled person of group 3 . According to the law, for a disabled person of group 3, alimony is calculated on a general basis and is calculated from the pension, and not from wages. The ability to find a job is a factor in the equation of group 3 disabled people with regular alimony payers. That is why the legislation does not provide for any leniency on this issue.
In turn, a disabled person of groups 1 and 2 - alimony payer, can put forward a counterclaim, provided that he himself needs third-party care and incurs additional expenses for his maintenance, the court will carefully consider these arguments to justify reducing the amount of payments.
In addition, disabled people of groups 1 and 2 can demand alimony from their ex-spouse, subject to certain conditions, that the disability occurred before the divorce or within one year after the divorce. If the family history was long, then the court may collect alimony in favor of the retired spouse for five years after the divorce.
Alimony from a disabled person
Disability is not a basis that prevents the payment of alimony . All parents are required to pay money for the maintenance of minor children, especially those in respect of whom a court decision is made.
The List of types of wages and other income from which alimony for minor children is withheld directly states that such income includes all types of pensions and temporary disability benefits.
The amount of alimony is calculated based on average income (percentage or share), the options of which include benefits and pensions, or is assigned as a fixed amount.
Conditions for receiving alimony from a disabled person
Spouses, including former spouses, bear obligations to support each other and their joint minor children, subject to the conditions specified by law.
The incapacity and neediness of the spouse, the inability to provide his own support with his own means do not relieve him of the obligations provided for by the legislation of the Russian Federation for the payment of alimony. Regardless of whether the spouse is a disabled person of the 2nd group , 1st or 3rd, alimony for the maintenance of minor children.
In turn, a disabled person has the right to file a claim for alimony against a former spouse, provided that the disability occurred before the dissolution of the marriage or within one year from the date of dissolution of the marriage. If the family history is long, the court has the right to collect alimony in favor of the retired spouse within five years after the divorce ;
The court has the right to exempt from the obligation to support a disabled spouse in need of help or limit this obligation:
- If the incapacity for work of the spouse in need of help occurred as a result of alcohol or drug abuse;
- As a result of his commission of an intentional crime;
- If the spouses are married for a short period of time;
- In case of unworthy behavior in the family of a spouse requiring payment of alimony.
During pregnancy and until the joint child turns 3 years old, a wife also has the right to alimony from a disabled person. The fact of pregnancy must be established before the divorce. If a woman receives maternity benefits, child care benefits from the state, as well as alimony for child support, this does not exempt the husband from paying funds to support his wife.
A spouse, including a former spouse, who is caring for a disabled child until the child reaches the age of 18 or a child who has been disabled since childhood, group I, also has the right to alimony.
Amounts of alimony
There are various options for determining the amount and procedure for providing alimony:
- By drawing up an agreement;
Spouses, including former spouses, have the right, by mutual agreement, to determine the amount of alimony and the procedure for its provision by concluding a notarized written agreement for this purpose.
- Answer a few simple questions and get a selection of site materials for your case ↙
- Through collection in court.
If the spouses were unable to reach such an agreement, the amount and procedure payments are established by the court in a fixed monetary amount.
When determining the amount of alimony, the court may take into account the financial and marital status of both parties and other factors that may influence the resolution of this issue.
Disabled people pay monthly which is subject to regular indexation.
The amount of alimony for a disabled person depending on the number of children:
The presence of disability of groups 1, 2 and 3 does not affect the amount of alimony, since this fact is not a reason for exemption from the obligation to support a child under 18 years of age.
Grounds for reducing the amount of alimony
A disabled person of group 1 or 2, obligated to pay alimony, may himself need outside care and additional maintenance costs, which increase significantly. The court may consider this sufficient grounds to reduce the amount of payments.
If the disability arose less than a year after the divorce, the disabled person has the right to file a claim for alimony in his favor in response to the award of payments to him for a minor child.
Attention! During the same court hearing, it is impossible to resolve the issue of alimony for both a child and a disabled former spouse.
- A change in the financial or marital status of one of the parties may also entail a reduction or increase in the established amount of alimony, as well as exemption from paying alimony if there is no alimony agreement between the parties.
- A child for whom a disabled person is obligated to pay alimony receives a stable income from other sources, income from other sources sufficient to support him. Most often this concerns a working child aged 16 years.
- The appearance of income-generating property in the recipient of alimony: real estate and securities;
- The family of the alimony payer has new children (natural or adopted), whom he is also obliged to support.
- The recipient of alimony is fully supported by the state;
- The payer has new alimony obligations, and the total amount of payments is greater than the maximum allowed by law.
- The appearance of excessively high income for the payer, since the established percentage of payments exceeds the reasonable needs for the maintenance of the person receiving alimony.
Attention! To reduce the amount of payments, you should file a claim with the court to change the amount of alimony.
Documents for collecting alimony
- Marriage certificate if the marriage is not dissolved or divorce certificate when the marriage is dissolved;
- Child's birth certificate;
- An extract from the house register confirming that the child lives with you;
- Application for collection of alimony (can be submitted both during the marriage and after its dissolution);
- If the spouse does not work, he does not have a regular income, his whereabouts are unknown, in order to collect alimony it is necessary to file a claim for the recovery of alimony in a fixed sum of money.
A claim for the collection of alimony must be filed with the court at the place of residence of the plaintiff or defendant.
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