Statement of claim for collection of alimony for parents (sample)

The question of financial assistance to elderly parents sooner or later arises before most families. Unfortunately, children do not always provide this help voluntarily. In this article we will look at in what cases the law obliges citizens to pay alimony for the maintenance of parents, and in what order they are collected.

Whom are adult children required to support?

Russian legislation obliges adult citizens to provide financial assistance to needy parents who have reached retirement age (55 years for women and 60 years for men) or are unable to work due to disability. The payment of alimony to parents is regulated by Article 87 of the Family Code of the Russian Federation.

• In what cases do children pay child support to their parents?
• Adult children are required to pay child support to their parents if:
• 

• parents have lost their ability to work due to age or disability;
• parents’ income is not enough to meet essential needs (for example, if expensive treatment is necessary);
• children of working age;
• the amount of income is sufficient to pay child support to elderly parents.

In other words, alimony can be paid to parents from children if the former are recognized as solvent and the latter as in need. At the same time, able-bodied citizens can fulfill their obligation to provide for the needs of their elderly parents both voluntarily and forcibly, in court. This will be discussed in more detail below.

In what cases can parents apply for child support?

Usually it comes to filing for alimony either in conflict situations, or when grown-up children are not interested in the fate of their parents (sometimes through the fault of the parents themselves). Therefore, whether parents can sue for child support depends on their specific family circumstances if:

• the parents were not deprived of parental rights;
• until the children reached the age of majority, parents properly fulfilled their duties, according to the law, according to their content;
• it has been proven that parents really need financial assistance;
• The material well-being of children allows for the possibility of collecting alimony from their income.

Thus, if a parent, a pensioner or a disabled person, receives all the necessary benefits from the state for utility bills and treatment, and the amount of his pension exceeds the minimum wage, it will most likely be impossible to prove that he is in need and entitled to alimony payments . In the same way, when filing a claim with the court for the collection of alimony for parents from children, the claim will be rejected if the plaintiff’s income after paying all obligatory payments is insufficient to pay alimony. For example, if he is supported by a disabled spouse and minor children, and the family lives in an apartment purchased with a mortgage, which implies mandatory monthly loan payments. In such cases, no matter how high the defendant’s salary may seem, it will most likely not be possible to collect alimony from children for pensioners’ parents.

Attention! Unlike alimony in favor of a minor child, which a parent is obliged to pay in accordance with his income, parents of retirement age receive a fixed amount.

Rules for assigning child support to parents

There is an established procedure in which alimony is collected from the parents of pensioners. As a rule, in order to file a claim against children for child support, parents only need to adhere to the following:

1. The case is heard in court in the presence of both parties.
2. After examining the financial well-being of the plaintiff and defendant, the court makes a decision to fully or partially satisfy the claim or reject it.
3. If the plaintiff's demands are satisfied, an amount is assigned that the defendant is obliged to pay him monthly.
4. If the defendant is not the only adult and solvent child of the plaintiff, the amount of alimony is divided among all adult children, regardless of whether they are indicated in the statement of claim.
5. Alimony, like any official income, is subject to indexation in accordance with the minimum wage.
6. The decision to pay alimony may be revised if the financial situation of the defendant has changed and he is no longer able to comply with the court decision for objective reasons.

What does the Family Code say?

With regard to the alimony obligations of adults and capable citizens to elderly parents, Article 87 of the RF IC defines two ways to ensure them: by concluding a written notarial agreement, or through the court. In this case, the financial and marital status of both parties is taken into account, on the basis of which payments are calculated.

Important! If an able-bodied son or daughter is unemployed or on maternity leave, this does not relieve them of the obligation to pay maintenance to their elderly relatives.

In the event of a positive court decision, alimony is collected from all able-bodied children over 18 years of age, regardless of whether the plaintiff requests that these obligations be distributed to them.

Parental support and income certificate

One of the confirmations of the right of a pensioner or disabled person to collect financial assistance from children is a certificate of income. If the plaintiff’s only source of income is a pension, its size is confirmed by a certificate from the Pension Fund.

But there is no need to present a certificate of the defendant’s income to the court; during the consideration of the case, the court itself will request and receive all the information about the well-being of the son or daughter.

What is need and disability and how to determine them

The concepts of need and disability of the plaintiff are decisive when considering a case in court.

The plaintiff will be considered in need if:

• the amount of monthly income is less than the amount defined as the subsistence level in a given region;
• The plaintiff is not the owner of the residential property.

Disability is recognized if:

• the plaintiff has reached retirement age - 55 years and older for a woman, 60 years and older for a man;
• disability is confirmed by a medical certificate of disability.

However, establishing these facts alone is usually not enough. The court is also obliged to individually consider all the circumstances that contribute to the well-being of citizens. Judicial practice shows that radically different decisions were often made in similar situations.

For example, in one case, a plaintiff of retirement age, receiving a pension below the subsistence level, but owning and renting out an apartment and a country house, was not recognized as needy and was denied the claim. A significant circumstance for the court was the fact that the plaintiff’s daughter, who was the defendant, worked as a nurse in a hospital and received 11 thousand rubles a month.

Another plaintiff of the same age and with the same pension received a court decision to satisfy the claim on the grounds that she did not have any additional income, according to a medical report she needed expensive treatment, and the defendant, the son of a pensioner, received an income of 50 thousand rubles per year. month, lived in his own apartment, was not married and did not have dependent minors or disabled citizens.

Amount of child support for parents

Many people mistakenly believe that the amount of alimony is determined by the amount of income of the defendant - the higher the salary of a son or daughter, the greater the amount that can be recovered from them. In fact, even if the income is considered high by generally accepted standards, it is also important that it covers the necessary expenses of the defendant.

For example, in a situation where the total income of an adult daughter’s family is 100 thousand rubles a month, but she has a child in her care, her husband recently became disabled and now receives only disability benefits and needs expensive treatment, and the apartment was purchased by the family on a mortgage , and the loan has not yet been repaid, it is hardly reasonable to count on payments on her part. As a last resort, the court may oblige the daughter to pay maintenance to her father or mother if they are recognized as needy, but the amount will be minimal.

At the same time, there are cases where plaintiffs managed to recover alimony in the amount of 10 or 15 thousand rubles. However, most often, much more modest amounts appear in court decisions, from 1.5 to 3 thousand per month. Therefore, the most effective way to receive more significant help from adult sons and daughters is to make an agreement with them.

Methods of alimony payments

According to Article 87 of the RF IC, children are obliged to provide financial support for an elderly father or mother in any case, but there are two ways - a voluntary agreement and forced payments by court decision.

Voluntary agreement to pay child support to parents

A voluntary agreement between the parties is certainly a more optimal method than litigation.

Firstly, concluding a voluntary agreement is much faster than filing alimony through a court that does not yet know what decision it will make.

Secondly, payment terms are reached by mutual agreement. That is, the amount agreed upon by the parties is a compromise, and the frequency of payments can be any, and not just monthly, as would be the case according to a court decision.

This is convenient for some families, because the older generation lives in a country house for several months and prefers to receive payments once every 2-4 months.

For others, on the contrary, it is more convenient to pay several times a month in small installments.

Thirdly, a voluntary agreement has the legal force of a writ of execution. This means that if children try to evade their obligations, the father or mother can apply with this agreement not to the court, but directly to the place of employment of the alimony provider or to the bailiff service, which guarantees them payments in any case.

Notarization of the agreement

For the agreement to enter into legal force, it must be executed by a notary. To do this, both parties must appear before a notary.

For this you need the following documents:

• passports of the future payer and recipient;
• birth certificate of the payer (to confirm the relationship);
• certificate from the payer's work.

The cost of notary services for drawing up and certifying an agreement since 2017 is about 5,250 rubles and may vary in different notary offices.

Forced collection of alimony

In situations where it is not possible to reach an agreement, the issue is resolved in court. In this case, if the court satisfies the plaintiff’s claims, it also assumes control over the execution of the decision.

Thus, regardless of desire and capabilities, the defendant fulfills his obligations. If he has a regular income, then the amount of alimony is withheld from his salary; if there is no income or it is not sufficient, the bailiff service has the right to send him to forced labor.

Statement of claim to the court for the recovery of alimony for parents

The court's decision largely depends on how well the statement of claim is drawn up. Therefore, it is important not only the accuracy and reliability of the information, but also a statement of the circumstances that forced the plaintiff to resolve the issue in court. There is no state fee charged when submitting an application.

The following information must be included in the application:

1. The exact name of the court.
2. Information about the plaintiff and defendant: passport details, registration and permanent residence address, place of work.
3. Reason for collecting alimony.
4. Links to documents confirming the legitimacy of the claims: information about kinship, financial documents on income and necessary expenses, as well as other documents that can influence the court’s decision.
5. List of documents that are attached to the application.

The application must be drawn up in triplicate (for the plaintiff, the defendant and the court). Each copy is accompanied by copies of all documents referred to by the plaintiff. All documents and copies must be certified by his signature.

Sample statement of claim for collection of alimony for parents

It is important to remember that each case is individual, and drawing up a standard application does not give the maximum chance of successfully resolving the issue. It would be wise to consult with a family law attorney before filing your application.

A sample statement of claim to the court can be downloaded here

Time limit for consideration of a claim

Within 5 working days after filing the application, the judge makes a decision on whether to accept or refuse to open a case for the collection of alimony. The reasons for possible refusal are usually the following:

1. Errors in the application.
2. Not all documents are signed by the plaintiff.
3. The application was sent to the wrong court.
4. Documents confirming the validity of the requirements are not attached or are attached incompletely.
5. This case has already been considered and resolved.

Who is exempt from paying parental support?

Article 87 of the RF IC clearly exempts citizens from paying alimony in favor of parents deprived of parental rights.

The court may also release defendants whose parents did not fulfill their obligations to support their children properly. Such cases most often include claims from fathers who lived separately from their children and did not provide them with financial support. However, such a parent can convince the court that he paid child support without documenting it, “on his word of honor.”

In addition, the obligation to pay child support cannot be imposed on able-bodied children recognized as emancipated and under 18 years of age, regardless of their income level and marital status.

Grounds for release to support parents

From the previous paragraph it is obvious that exemption from obligations under Article 87 of the RF IC is provided by documentary evidence of the unlawfulness of the plaintiff’s claims.

In addition, the basis for release may be documentary evidence of circumstances that make the fulfillment of these obligations impossible: a change in the life situation of the plaintiff or defendant.

Based on such evidence, a decision made earlier may be revised.

Responsibility in case of evasion

The law provides for two types of liability for alimony debtors: civil and criminal. However, the latter, although taken into account by law, is almost never used in practice. Systematic failure to pay alimony leads to such consequences as payment of a penalty, which is accrued from the moment of delay and increases the debt by 0.5% of the amount per day.

In case of malicious evasion and concealment of the place of residence and sources of income, the defendant may be subject to forced labor, and a ban may be imposed on his departure from the country.

Child support for parents

Dear visitors! Due to the fact that legal issues are individual, and articles are for informational purposes only, we advise you first of all to use the services of free legal advice. You can ask your question in this form or contact a lawyer via chat.

In our country, parents usually provide all kinds of help to their children, but children do not so often help their parents. This is a fairly global problem in the Russian Federation, however, in accordance with Article 87 of the RF IC, adult children are obliged to support and care for their disabled parents who need help.

Based on this article, parental support must be paid unconditionally, but subject to certain conditions.

In what cases do children pay child support to their parents?

As we wrote earlier, the collection of alimony for the maintenance of parents is enshrined in the Family Code of the Russian Federation, namely in Article 87. To implement the payment of alimony to parents, the following conditions must be met:

1. Parents are unable to work: becoming disabled or reaching retirement age;
2. Insufficient income to meet everyday needs;
3. Children have reached adulthood, are able to work, and have not reached retirement age;
4. The children's income is at a sufficient level to provide assistance to their parents.

Examples of cases in which parents cannot receive child support from their children:

• Unemployed middle-aged parents who have not reached retirement age;
• Parents receive a pension above the subsistence level;
• The parents receive a pension below the subsistence level, and their son has a good income, but supports a non-working wife and child;
• Children who have already reached retirement age are not required to pay child support to their disabled parents.

Alimony to parents from children: judicial practice

Judicial practice on the collection of alimony for the maintenance of parents is quite extensive, however, it is worth noting that the court takes into account many factors when considering cases of collection of alimony for the maintenance of disabled parents. Here everything is taken into account, the income of the plaintiff and the defendant, the burdens of the defendant (for example, the maintenance of a minor child and a disabled wife).

When filing a claim for the recovery of alimony for the maintenance of a parent, certain conditions must also be met regarding the working capacity of the child against whom the claim is made:

• The parents have a document confirming the relationship (birth certificate);
• The child’s age is over 18 years old and below retirement age;
• The child is able to work and does not have a disability;

In addition, when you file a claim for alimony for a parent, the court needs documentary evidence that you need financial assistance. Such evidence in court can be: utility bills, receipts from pharmacies for necessary medications, etc.

An important note for children - Article 87 of the RF IC states that the lack of stable income for children is not a basis for refusing to collect alimony from their parents.

When considering cases of collection of alimony for the maintenance of parents, the court is guided by the following circumstances:

• The amount of income of children and their financial situation cannot be reasons for refusing to assign alimony payments;
• The obligation to pay child support is distributed to all able-bodied children who have reached the age of majority. If one child is already helping his parents, he may qualify for a proportionate reduction in the amount of child support payments;
• If additional assistance is needed, the judge may order the children to bear additional costs;
• In his decision, the judge is also guided by the testimony of the defendant. If the parents did not fulfill their parental responsibilities at one time, then the judge has the right to release the defendant from the obligation to support his parents.

The procedure for collecting alimony for the maintenance of parents

There are two options for collecting child support from parents:

• Voluntarily;
• Forcibly.

Voluntary agreement to pay child support to parents

In the case of a voluntary agreement on the payment of alimony, the child purchases all necessary things, medicines and food products monthly, or pays a certain amount monthly. A voluntary agreement can be either oral or written.

An agreement to pay alimony has a number of advantages:

• Avoiding lengthy and unpleasant litigation;
• Independent determination of the amount of child support to parents;
• Does not require significant expenses for drafting and notarization by a notary;
• Has the legal force of a writ of execution.

Forced collection of alimony

In case of regular violations in payments, you can draw up a written agreement certified by a notary.

This agreement can be used as an executive document in the event of filing a claim in court.

Sample agreement on payment of child support for parents

Statement of claim to the court for the recovery of alimony for parents

In order to collect alimony from parents through the court, it is necessary to draw up a statement of claim and submit it to the magistrate at the place of registration or send it by registered mail.

Sample statement of claim for collection of alimony for parents

Application for the recovery of alimony for the maintenance of parents

• It is important to note that the statement of claim is not subject to state duty.
• The application must be drawn up in three copies, two sent to the court, and one kept for yourself.
• The statement of claim states:

• Name of the court – you must indicate the territorial branch;
• Information about the plaintiff and defendant - full name, registration address, actual place of residence;
• Requirements - a certain amount is indicated based on disability, disability and retirement age.

List of documents for filing a claim:

• A copy of the application;
• Child's birth certificate;
• A copy of the work record;
• Certificate of a pensioner or disabled person;
• Medical certificates.

If the claim is satisfied, alimony is paid in a fixed amount.

When paying alimony in a fixed amount, the amount will be assigned, depending on the needs of the parent, a multiple of the cost of living in the region.

Time limit for consideration of the claim

The judge, within 5 days, must make a decision on whether to accept or refuse to initiate the case.

Reasons why a refusal may be received:

• Errors in design;
• There is no signature;
• The application was submitted to the wrong authority;
• The dispute has already been considered and resolved;
• There is no documentary evidence.

Amount of child support for parents

The amount of alimony for parents is determined based on the child’s marital status (the presence of disabled family members), the financial support of the parties, and the need for expenses.

The amount of alimony for the maintenance of parents can be static or variable.

Methods of paying alimony

There are several ways a child can use when paying child support in favor of their parents. These methods are:

• Cash – to record the fact of transfer of money, you must write a receipt each time;
• Postal transfer – keep the receipts;
• Bank transfer - in this case, evidence may include a payment receipt or account transaction history;
• Deduction from wages;

Questions and answers on the topic “Alimony for parental support”

1. In what cases do children pay child support to their parents?
2. Children pay child support to their parents if they do not reach a voluntary agreement.
3. Should children pay child support to their parents?

It is alimony that is not, but it is necessary to support disabled parents. All this is indicated in Article 87 of the Family Code of the Russian Federation.

• Does a parent have the right to file child support?
• Yes, a disabled parent has every right to file a claim in court to collect child support.
• How to apply for child support for parents?
• There are several ways, namely a voluntary agreement or a written agreement certified by a notary.
• How can parents apply for child support?
• In order for parents to file for child support, they must file a claim with the magistrate’s court at their place of residence.
• Can parents file child support?
• Parents can file for child support.
• How much child support should parents voluntarily pay?
• This is a controversial issue and each case is individual.

Dear visitors! Due to the fact that legal issues are individual, and articles are for informational purposes only, we advise you first of all to use the services of free legal advice. You can ask your question in this form or contact a lawyer via chat.

How to file a claim for alimony for parental support?

As a general rule, parents are required to support their children until they reach adulthood. In this regard, the concept of “alimony” is usually associated with payments made by a father or mother in favor of his child. But with the growth of legal literacy, the opposite situation is increasingly encountered - parents demand child support from adult children through the court. On the one hand, such a rule helps protect the rights of elderly people who have been forgotten by their own children and grandchildren. But situations often occur when a negligent parent makes himself known after the time during which he was supposed to provide financial assistance has passed.

Of course, it is best if the agreement on the payment of such alimony is signed peacefully. Otherwise, parents may demand their payment through the court.

In what cases can parents apply for child support? When does it become necessary to go to court? How to properly file a claim for the recovery of alimony for the maintenance of parents? You will learn about this in this article.

Reasons for alimony obligations

According to Article 87 of the Family Code of the Russian Federation, children’s responsibilities include maintaining disabled parents who need care and attention.

But it is worth noting that this rule applies exclusively to adults whose capabilities allow them to take care not only of themselves, but also of their mother or father.

In case of refusal of the above obligation or in case of improper fulfillment of it, the amount and procedure for payment of alimony is determined in court. The law specifies several conditions for payments to support parents:

• They must reach retirement age - 55 years for women and 60 years for men;
• They must have a disability of the first or second group;
• Their income should not be enough to meet their own needs;
• There is documentary evidence of blood relationship between the parties.

In most cases, such payments are made voluntarily - through an agreement that can be concluded either orally or in writing.

If you decide to formalize all obligations in the form of a document, do not forget to have it certified by a notary. But sometimes children deliberately avoid financial support from their parents.

In such a situation, it is advisable to file a claim and apply to the court to protect your rights.

Attention

This or that sum of money is determined based on the number of sources of income of the payer and the presence of dependents.

Moreover, the amount of payments can subsequently be increased or decreased if, for example, the children's circumstances have changed significantly.

How to write an application?

Of course, when going to court, you cannot do without a correctly and competently drawn up statement of claim. All necessary requirements for its preparation are contained in p. 131 of the Code of Civil Procedure of the Russian Federation.

If your claim does not comply with these standards, this may lead to unpleasant consequences - the application will be returned or “frozen”.

So, the claim for the recovery of alimony for parents must contain:

• The name of the judicial authority to which it is filed;
• Information about the plaintiff and defendant (full name, residential address, place of work and other contact information);
• Description of the circumstances that forced the plaintiff to go to court (incapacity for work, reaching retirement age, disability, need for financial assistance, refusal of children to fulfill responsibilities to support their parents);
• Claims for alimony;
• Links to substantive and procedural law;
• List of applications and documents serving as evidence;
• The date of preparation of the document and the signature of the plaintiff.

It is recommended to draw up the claim in three copies at once, one of which should remain with the plaintiff, the second with the defendant, and the third should be submitted to the judge for consideration. Do not forget to attach to each copy copies of all documents specified in the claim. The main documents supplementing the claim are:

• Applicant's passport;
• Pension certificate or disability certificate;
• Certificates of pension amount, disability benefits;
• Utility bills, doctor's prescriptions and receipts for the purchase of medicines;
• Child's birth certificate;
• Employment history.

Sample

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Sample

• To the magistrate of court district
  No. ____ for the city (district)______
  Plaintiff: _____________________
  (full name, address)
  Defendant: ___________________
  (full name, address)
  Cost of claim: ___________________
• (amount of payments per year)
• Statement of claim for the recovery of alimony for the maintenance of a parent
• I am the father (mother) of _________ (full name of the defendant) “___”_________ ____year of birth, living at the address: _________.

I am disabled and need financial assistance, my monthly income consists of a pension in the amount of _______ rubles. per month, I have no other sources of income.

The defendant refuses to voluntarily support me _________ (indicate the reasons for the refusal). The defendant is sufficiently wealthy, has a permanent job and a stable income, and has the opportunity to participate in my maintenance.

Based on the above, guided by Articles 87 of the Family Code of the Russian Federation and 131-132 of the Code of Civil Procedure of the Russian Federation,

Ask:

1. Collect from _________ (full full name of the defendant) alimony in the amount of _______ rubles. monthly for my maintenance.

1. Petition:
2. To confirm the defendant’s financial situation, I ask you to request information from him about the amount of wages and other income.
3. List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Defendant's birth certificate
3. Pensioner's ID
4. Certificate of pension amount
5. A copy of the plaintiff's work record

Date of application “___”_____________ Signature of the plaintiff ______