Alimony from adult children for the maintenance of elderly parents, pensioners, disabled people - collection of alimony from children in favor of parents: amount, judicial practice, payment agreement.

The responsibility to support disabled parents rests with their children who have reached the age of majority. This rule is established by paragraph 1 of Art. 87 of the Family Code of the Russian Federation. If this obligation is not fulfilled on a voluntary basis, alimony for the maintenance of retired parents from children is paid through the court.

Grounds for collecting alimony for the maintenance of parents

The basis for receiving alimony payments is the failure to fulfill obligations to support their parents, who feel the need for it. In this case, it is possible to recover alimony amounts in court. As a rule, the court sets the amount of such payments as a fixed amount.

Methods for collecting alimony

There are two grounds for making alimony payments to disabled retired parents:

1. Voluntary consent of the child (children) - monetary support is made on the basis of an agreement signed between the parties.
2. A court decision is made as a result of consideration of a claim filed by a disabled parent who has reached retirement age. Maintenance funds are collected on the basis of a writ of execution.

Amount of alimony payments in favor of disabled parents

When determining the amount of financial support for parents who have reached retirement age, a number of factors are taken into account, including the following:

• the financial situation of both children and parents applying for child support;
• the plaintiff has a spouse - the norms of family law establish that spouses must support each other in the material aspect;
• whether the pensioner has other children - the one of the children whose welfare is higher has the opportunity to provide financial assistance to disabled parents in a larger amount;
• the composition of the defendant’s family and the number of dependent persons.

The fact is that a disabled person who has reached retirement age has the right to turn to one of the children with a demand for financial assistance. The court, in turn, may involve other children as defendants.

Of course, the responsibility to provide assistance to disabled parents can be assigned to everyone. But if the children do not have the opportunity to systematically pay money (there is no source of permanent income), then even if the claim is satisfied, it will not be possible to practically enforce the court decision.

Particular attention is paid to debt obligations: if a loan or mortgage is issued to the defendant, the amount of required alimony may be reduced at his request.

Payment of alimony for the maintenance of parents - by agreement

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Adult children who have the desire and opportunity can help their parents to the extent they deem necessary.

If necessary, the parties sign an agreement on the payment of alimony. It must be certified by a notary and contain all the nuances regarding the implementation of payments.

This document states:

• the amount of alimony amounts is unlimited and is established by agreement of the parties;
• form of payment - in cash or in the form of transfers to a bank card or account;
• order of payments - determines in what time frame, until what date alimony should be transferred, for what period of time.

Sample agreement on payment of child support for parents – download

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

The procedure for collecting alimony from children - through the court

This is also important to know: Collection of alimony under a writ of execution

To recover monetary support, a person must apply to the court with a statement of claim that meets the established requirements of the Civil Procedure Code. In order for the claim of a parent in need of financial support to be satisfied, it is necessary to provide reasoned evidence of this situation.

The main criterion for making court decisions in favor of the plaintiff is the proof of two points, which include the presence of disability and need.

Two factors may indicate that a person is disabled:

• reaching the retirement age established by the current legislation;
• the presence of disability - this is evidenced by a corresponding conclusion issued by an authorized medical institution.

But confirmation of the fact that a person really needs is his low income, the amount of which does not exceed the established subsistence level in a particular region. Lack of own housing can also confirm such circumstances.

Article 98 of the Family Code establishes that the court determines a fixed amount of alimony payments. Whereas, on the basis of a notarized agreement, a certain part of the child’s monthly income can be paid (as a percentage or share).

Statement of claim (sample)

A claim for recovery of funds for the maintenance of disabled parents must include the following components:

1. Full name of the court that will consider it.
2. Information about the plaintiff - this includes the parent’s passport details, his address, telephone number and other contacts.
3. Information about the defendant - indicate the last name, first name, patronymic, year of birth, address of the child, his contact information.
4. The essence of the claim is to describe the circumstances in connection with which the need for financial support arose and indicate the amount of alimony.
5. Justification of the claim with references to the norms of the current legislation - this should be not only articles of the Family and Civil Procedure Codes, but also strong arguments that the disabled parent does not have enough own income, or an indication of the reason that his well-being has deteriorated.

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

Documents attached to the claim

When filing a claim, a disabled person must attach the following documents:

• a copy of your passport;
• documents confirming the relationship between the defendant and the plaintiff - we are talking about a copy of the birth certificate or an extract from the civil register;
• confirmation of the fact of the parent’s incapacity for work - attach a copy of the work book with a record of dismissal for health reasons, a pension certificate, a certificate of receipt of disability benefits;
• calculation of alimony payments - here they indicate the desired amount, specifying income (which is not enough) and necessary expenses (for treatment, increased nutrition, payment of utilities).

The calculation of alimony amounts must necessarily be accompanied by certificates indicating the amount of the pension and other existing income. The need for expenses must also be documented: this could be a referral for sanatorium treatment, a prescription for the purchase of medications, or recommendations from the attending physician for medical treatment.

State duty

The provisions of the Tax Code (Article 333.36, paragraph 1, paragraph 2) stipulate that those wishing to collect alimony from their adult children are exempt from paying state duty.

Arbitrage practice

As for judicial practice, there is no established position regarding the collection of alimony amounts for the maintenance of disabled retired parents. The father or mother can be released from the obligation to provide financially if there are no funds for this (there is no constant source of income).

In addition, during the consideration of a family conflict of this nature, it may become clear that the parents (or one of them) previously did not fulfill their responsibilities for supporting children under the age of majority.

Refusal to satisfy claims for payment of alimony may occur in the following situations:

• when the parents applying for financial support were previously deprived of their parental rights or limited in them;
• if the mother or father did not take any part in raising the child or refused to provide him with additional financial assistance;
• when there is confirmation of the fact that the parents evaded the obligation to execute the court decision to collect child support.

Collection of alimony for parents in certain cases

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Let's look at 2 situations when parents or a child have a disability.

Alimony payments in favor of parents who are disabled

The presence of disability is direct confirmation of a person’s inability to work. In this case, the parent may be younger than the age that gives the right to receive a pension.

Most often, questions and disputes arise in relation to the third group of disabilities, which is working.

In this case, when collecting alimony amounts for maintenance, it is very important to provide evidence that the person was unable to find a job recommended by a medical report due to health reasons.

These may be refusals from several employers indicating the reasons (lack of vacancies in the specialty, taking into account the degree of disability).

This is also important to know: Sample of filling out an application for an increase in alimony

How is child support collected from children who are disabled?

Of course, no one exempts children from the obligation to help their disabled parents. But what if the child does not even have the opportunity to support himself?

First of all, the disability group is taken into account: often people with limited ability to work have a stable income. If the child is physically unable to work and lives only on disability benefits, then the parent will be denied child support.

Lawyer's answers to questions about child support payments to parents

Question: I am 76 years old, I need constant treatment, my pension is not enough for what I need. There are two sons: one is 40 years old, has a regular income, the second is 45 years old, he is a disabled person of the second group, and does not work. They don’t want to help voluntarily. Is it possible to force alimony to be collected from them?

Answer: You can file a claim in court, naming both sons as defendants. In this case, the claim should indicate the amount of child support payments for each of the children. As for the son who has a stable income, alimony in a fixed amount will be collected from him. But the second child, who is himself deprived of the ability to work, may be exempt from the obligation to support you.

Question: My mother (she is 57 years old) receives a pension and works; she filed a lawsuit to collect alimony.

But I have three dependent minor children, and my husband and I’s monthly income is three times less than hers.

She motivates her claims by the need to pay off debts on utility bills. In this case, can the court satisfy the claim and force the mother to pay monthly alimony?

Answer: The main condition for collecting alimony is the presence of disability (the person cannot provide for himself) and need (for example, there is a need for treatment). In your case, the mother is able-bodied (continues to work in retirement). In addition, her monthly income is three times the income of your family. When making a decision, the court will also take into account the fact that you have three minors dependent on you. Therefore, the collection of alimony will most likely be denied.

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• Each case is individual and requires special attention. The information presented on the site is general and does not guarantee a solution to your specific problem.
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Child support for elderly parents

Home / Alimony / Child support for elderly parents

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Question : Should children pay child support to their parents?

Answer : Yes, we must! Article 87 of the Family Code states: “Able-bodied adult children are obliged to support and care for their disabled parents in need of help.”

According to Russian traditions, parents provide all possible assistance to their children, even if they have long “flyed out of the parental nest”, started their own families and are able to provide for themselves. It’s not very often that you come across the opposite situation – children providing financial assistance to their elderly parents.

Meanwhile, the right of elderly parents to alimony is enshrined at the legislative level. It’s just that many old people do not know that when they become disabled or retired and have no means of subsistence, they can sue for alimony. After all, children often “forget” about their duty to financially support their parents.

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

The right of parents to collect alimony from children is enshrined in Article 87 of the RF IC. Its implementation is possible subject to the following conditions:

1. Parents are disabled - they have reached retirement age or have become disabled;
2. Parents' income is not enough to meet their needs;
3. Children are able to work - they have reached adulthood, but have not reached retirement age (age 18-55 for women, 18-60 for men);
4. The children's income is enough to help their parents.

For example , an unemployed middle-aged man who finds himself in a difficult financial situation due to alcohol abuse can hardly count on help from his children.

A pensioner who receives a pension above the subsistence level, too (unless, of course, she proves that the pension is not enough to pay for expensive medicines).

But even if old parents receive a pension less than the subsistence level, and their only son has a good income, it is considered that his income is not enough to pay alimony if he must support his own unemployed wife and children. An 80-year-old man with a 56-year-old daughter will not receive anything either.

Arbitrage practice

Example: Citizen Levkovsky O.P. filed a lawsuit to collect alimony for his maintenance from his son, Levkovsky S.O. The court refused to satisfy the plaintiff's claims, citing the lack of grounds for recognizing Levkovsky O.P. those in need of financial assistance.

To determine the income of Levkovsky O.P. the court requested from the authorized bodies data on the amount of the old-age pension and monthly cash payment for disability. The court took into account the presence of O.P. Levkovsky.

benefits for utility bills, as well as the availability of funds in a pension bank account and savings bank deposits.

When determining the financial and marital status of the defendant, Levkovsky S.O. it was found out that his only source of income is wages at his place of work, which goes to support his family with his wife and two young children, renting housing, and fulfilling loan obligations.

Exemption from parental support

The law establishes two grounds for exempting children from paying child support for parental support:

• there is evidence of parents’ evasion of parental responsibilities (this can be confirmed by certificates of arrears in child support payments, writs of execution, and bailiff’s orders);
• parents are deprived of parental rights.

Child support for elderly parents - voluntary or forced?

The obligation of children to care for their elderly parents and support disabled parents is established by Art. 87 RF IC. This responsibility can be exercised in two ways:

• Voluntary – child support for old or disabled parents is paid based on a written agreement;
• Compulsory - collection of parental support from children is carried out through the court.

Agreement on payment of alimony to parents (sample)

A child support agreement concluded voluntarily between children and parents has numerous advantages:

• allows you to avoid lengthy and unpleasant litigation;
• provides the opportunity to independently determine the amount of child support for parents;
• does not require significant expenses for the preparation and notarization of the document;
• has the legal force of a writ of execution and allows you to apply for enforcement if the terms of the agreement are not met.

go to court for forced collection of alimony only if they fail to reach an agreement and conclude a voluntary agreement with their children.

How to collect and arrange child support from children in favor of parents?

A statement of claim for the collection of alimony is submitted to the magistrate, both at the place of registration of the parents and at the place of registration of the children. It can be filed with the court clerk in person, or it can be sent by mail.

Statement of claim for alimony (sample)

The statement of claim must indicate:

1. The name of the court in which the claim is filed;
2. Information about the plaintiff and defendant (full name, date of birth, address of registration and actual residence, place of work);
3. Circumstances forcing the plaintiff to go to court (incapacity for work, disability, retirement age, need for financial assistance);
4. Request for collection of alimony indicating the amount;
5. Link to evidence confirming the legitimacy of the plaintiff’s claims:

• documents confirming the status of a pensioner or disabled person - pension certificate, disabled person certificate;
• documents confirming income and expenses - the amount of pension and disability benefits, the presence of a savings account, utility bills, doctor's prescriptions, receipts for the purchase of medicines, an agreement for the provision of services as a nurse, massage therapist;
• other documents - passport and birth certificate of children, medical certificates, work book;

1. List of attached documents.

The statement of claim must be drawn up in three copies - one remains with the plaintiff, the second is considered by the court, and the third is sent to the defendant. Copies of the documents specified in the claim must be attached to each copy. The documents must be signed by the plaintiff.

Required documents

The following documents must be attached to the statement of claim:

• a copy of the plaintiff's passport;
• documents confirming the relationship between parents and children - birth certificate, extract from the civil registration book;
• documents confirming the parent’s incapacity for work - pension certificate, certificates of the amount of pension, a copy of the work record book, a certificate of receipt of disability benefits.

State duty is not paid.

How does the court award alimony?

An application for the recovery of child support from parents is considered by the court within 1 month from the date of filing. The case is considered in the presence of both parties. A simplified procedure for considering a case is not possible.

In order to make a decision on collecting alimony for the maintenance of parents of pensioners or disabled people, the court examines the circumstances of the case :

1. Finds out whether parents have the right to receive assistance: have they reached retirement age or become incapacitated as disabled people? Did the parents fulfill their responsibilities towards their children, support and educate them, and were they deprived of parental rights?
2. Evaluates parents' needs and determines reasonable monthly maintenance costs. The court examines documents on the parents' income (pensions or benefits for a disabled person, additional income) and compares their level with the needs of the parents (for treatment and health improvement, food, clothing, household items, outside care).
3. Takes into account the financial and marital status of children. The court considers income certificates confirming official earnings, as well as information about unofficial sources of income. When determining the financial situation, the court takes into account all income.
4. Studies other family circumstances and analyzes the characteristics of family relationships.

Arbitrage practice

Example: Citizen Sakhnenko M.O. filed a claim for the recovery of alimony in the amount of her adult children - son Sakhnenko V.I. and daughter Dubravina L.I. – in the amount of 4,500 rubles per person. The court partially satisfied the plaintiff's demands , referring to the provisions of Articles 87 and 88 of the RF IC. By decision of the court, 2,000 rubles were collected monthly from each of the adult children - V.I. Sakhnenko and L.I. Dubravina.

When determining the amount and procedure for collecting alimony from adult children, the court took into account the financial and marital status of the plaintiff. Sakhnenko I.O. receives a survivor's pension, a disability pension, as well as government support in the form of monthly payments to pay for utilities and purchase medicines. The court took into account the plaintiff’s need to regularly purchase and take expensive medications.

The court also found that for both adult children, the only source of income is wages, while Sakhnenko’s son V.I. pays child support, and Dubravin’s daughter L.

I. is a single mother. The court also took into account the fact that adult children pay alimony to their father, Sakhnenko I.D. on the basis of a concluded voluntary agreement in the amount of 1,500 rubles per person.

 Amount of alimony for parents of pensioners or disabled people

The procedure for paying alimony for disabled parents and retired parents is somewhat different from the procedure for calculating alimony for minor children.

As a rule, it is not a share of income that is assigned, but a fixed sum of money.

The amount of alimony is a multiple of the subsistence minimum - it can be either 0.1 or 2 or more subsistence minimums, depending on the circumstances:

• Parents' needs (ensuring a living wage and covering additional costs for medicines, treatment, food, medical care, etc.).
• Children's capabilities (taking into account family and financial status);
• Acceptability of other manifestations of care for parents, except for the provision of financial assistance.

For example , an elderly mother’s pension is not enough to pay a nurse. And the need for constant outside care is confirmed by a medical prescription.

The cost of a nurse's services is determined by an agreement concluded with a domestic staff recruitment agency. To cover these expenses, the court may recover the missing amount from the son and daughter of the pensioner.

But if the elderly woman’s children agree to provide the necessary care themselves and take turns caring for their mother, the court will not seek monetary compensation.

By the way, if there are several children (two or more), and all of them can support their disabled parents, child support will be divided between them, even if the parents themselves did not indicate the remaining children in the statement of claim.

Legal assistance

The calculation of child support for elderly parents differs from the same procedure for children. The situation can be complicated by family contradictions - it is not right if parents are forced to file a lawsuit against their children.

Sometimes situations reach the point of absurdity. In order not to bring the dispute to the boiling point, it is best to enter into an agreement on the payment of alimony. It is possible that in the process difficulties may arise with determining the fixed amount of alimony.

A lawyer will come to the rescue.

Do you need prompt advice on family law, but all the lawyers are busy? Ask a question to the lawyers of our portal and you will receive an instant answer. The advantage of contacting a lawyer is that you transfer the case to a professional.

The lawyer will carefully study the financial situation of the parties, develop a sample agreement, help calculate the amount of alimony and give timely advice.

If the case goes to court, the lawyer will assist in drawing up a statement of claim, petition, objection to the claim and other documents. Legal assistance is the best way out of a difficult situation!

Child support for parents. Judicial practice, articles 87, 88 of the RF IC

Article 87 of the RF IC. Responsibilities of adult children to support their parents

1.

Able-bodied adult children are obliged to support and care for their disabled parents in need of help.
2. In the absence of an agreement on the payment of alimony, alimony for disabled parents in need of help is recovered from able-bodied adult children in court.
3.

The amount of alimony collected from each child is determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed amount of money payable monthly.
4.

Children may be released from the obligation to support their disabled parents in need of help if the court finds that the parents evaded their duties as parents.

• Children are exempt from paying child support to parents deprived of parental rights.
• Article 88 of the RF IC. Participation of adult children in additional expenses for parents

1.

In the absence of adult children caring for their disabled parents and in the presence of exceptional circumstances (serious illness, injury to a parent, the need to pay for outside care, etc.), adult children may be forced by the court to participate in bearing additional expenses caused by these circumstances.
2. The procedure for incurring additional expenses by each of the adult children and the amount of these expenses are determined by the court, taking into account the financial and marital status of the parents and children and other noteworthy interests of the parties, subject to the provisions of paragraphs 3, 4 and 5 of Article 87 of this Code.

3. The procedure for incurring additional expenses and the amount of these expenses may be determined by agreement of the parties.

The obligation to support parents is unconditional and is not related to the presence or absence of a constant and sufficient income

The Resolution of the Presidium of the Supreme Court of the Russian Federation dated December 18, 2002 N 187pv02pr contains the following explanations:

The very title of the article. 87 of the RF IC - “Responsibilities of adult children to support their parents” - assumes a legally established obligation for adult children to provide their disabled, needy parents with at least a minimum of material benefits that can ensure their existence.

This obligation (unlike, for example, the obligations of spouses to each other) is unconditional and is not associated by the legislator with the presence or absence of a citizen’s constant and sufficient income.

That is, regardless of the financial and marital status of adult able-bodied children, parents have the right to receive from them the maintenance necessary to maintain life.

The court takes these circumstances into account when determining the amount of alimony, but the rights of the parents in this case should take precedence over the rights of the children, since it is assumed that able-bodied adults are able to earn a livelihood, while the disabled and elderly are not.

The court, in violation of the requirements of paragraph 3 of Art.

Chapter 13 of the Family Code of the Russian Federation (“Alimony obligations of parents and children”) does not provide for the minimum amount to be recovered in such cases. It is only stated that the amount of alimony is determined by the court in a fixed amount of money payable monthly. At the same time, a formal approach to this, which took place in this case, is unacceptable.

Alimony for the maintenance of the mother was subject to recovery despite the financial situation of the adult son

Refusing the plaintiff's claim, the court found it established that B.A. does not need financial assistance, and the defendant does not have the opportunity to provide it.

This court's conclusion is not based on the law.

When determining need, the provisions of paragraph 3 of Art. 38 of the Constitution of the Russian Federation, paragraph 1 of Art. 87 of the RF IC, establishing the obligation of adult able-bodied children to support and care for their disabled parents in need of help, which are unconditional and priority, regardless of the financial and marital status of adult able-bodied children.

In addition, in violation of the requirements of paragraph 2 of Art. 56 of the Code of Civil Procedure of the Russian Federation, the court did not raise for discussion between the parties the question of the relationship between the mother’s income and the necessary needs - food, outside care, treatment, purchase of clothing, etc.

The fact that B.A. receives a pension due to disability and occasionally receives material support from the state, as part of social assistance for the disabled, is not a basis for refusing her financial assistance from her adult son.

The financial situation of the defendant is not a legally significant circumstance in the case, since the obligation of an adult able-bodied citizen to provide financial support for a disabled parent is his constitutional duty.

The court left these circumstances without proper assessment despite the fact that they were essential for the correct resolution of the civil case (Resolution of the Presidium of the Moscow City Court of May 21, 2010 in case No. 44g-71/10)

By collecting alimony from an adult son, the court infringed on his rights, as well as the rights of his minor child, because after collecting alimony, the plaintiff’s income will be greater than his son’s income

In the absence of an agreement on the payment of alimony, alimony for disabled parents in need of help is collected from able-bodied adult children in court.

The amount of alimony collected from each child is determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed amount of money payable monthly.

The court found that Z.S. is disabled due to age, receives a pension in the amount of 7842 rubles. is in need of financial assistance. When determining need, the court took into account that the plaintiff suffers from a number of chronic diseases and is forced to spend an average of 13,374 rubles on medicines. per month.

Satisfying the claims for alimony in the amount of 10,000 rubles, the court proceeded from the fact that the defendant’s monthly income is 32,190 rubles, he has a dependent minor daughter, and he is able to provide financial assistance to the father in the specified amount.

When considering the case, the court committed a significant violation of the norms of substantive and procedural law.

When determining the amount of alimony in the amount of 10,000 rubles, the court infringed on the rights of the defendant and his minor child, because after collecting alimony in the specified amount, the defendant’s income will be 22,190 rubles, i.e. for 11095 rub. (32190-10000): 2) for the defendant and his daughter, while the plaintiff’s income will be 17,842 rubles, which is significantly more.

In the supervisory complaint Z.D. refers to the fact that the living wage for pensioners established by the government of St. Petersburg on January 28, 2008 is 3,262 rubles.

twice the minimum subsistence level, the court also did not take into account that the plaintiff has expensive property: an AUDI 6 car, a motor boat, a bank account in the amount of 87,000 rubles.

, which indicates the stable financial situation of the plaintiff (Resolution of the Presidium of the St. Petersburg City Court dated December 24, 2008 No. 44g-333).

Alimony obligations of adult children to support their parents. From a review of judicial practice

The Certificate of the Perm Regional Court dated March 10, 2008 “On the application of legislation on alimony obligations” contains the following explanations with examples from the practice of considering cases:

“The obligation of adult children to support their parents in accordance with Art. 87 of the RF IC assumes the obligation of able-bodied adult children to provide their disabled parents in need of help with at least a minimum of material benefits that can ensure their existence.

This obligation (unlike, for example, the obligations of spouses to each other) is unconditional and is not associated by the legislator with the presence or absence of a citizen’s constant and sufficient income.

Meanwhile, the amount of alimony is determined taking into account the financial and marital status of the parents and children and other noteworthy interests of the parties, in particular, the level of security of the parent applying for alimony and his children; parents or children have property that generates permanent income; the parties have other persons to whom they are legally obligated to provide maintenance (including those who are their dependents, mandatory payments under writs of execution, incapacity for work of a child obligated to pay alimony (due to health reasons or age).

1. The court takes these circumstances into account when determining the amount of alimony, but the rights of the parents in this case should take precedence over the rights of the children, since it is assumed that able-bodied adults are able to earn a livelihood, while the disabled and elderly are not.
2. In addition, the courts must keep in mind that imposing on children the obligation to support disabled parents in need of help is possible only if the children themselves are able-bodied.
3. It should be noted that the incapacity of parents, as well as any other family members, means they have reached retirement age or have a disability.

The magistrate of judicial district No. 26 of the Motovilikha district of Perm considered the claim of D.

to collect alimony from his adult son in the amount of 3,000 rubles, the plaintiff substantiated his demands by the fact that he had been paying alimony for the maintenance of the defendant for 11 years, currently the amount of the pension he receives is insignificant (2,470 rubles), he is sick with tuberculosis.

Satisfying the claims partially and determining alimony for the maintenance of a disabled parent to be collected from the defendant monthly in the amount of 400 rubles, which corresponds to 1/2 the minimum wage, the magistrate correctly took into account the financial and marital status of the parties, taking into account the fact that the defendant voluntarily provides financial support on a monthly basis maintenance of his mother, which is confirmed by testimony, the plaintiff, in addition to paying alimony, did not provide any financial assistance for the maintenance of his minor son, the court correctly examined the period of payment of alimony, which turned out to be much shorter (instead of 11 years indicated by the plaintiff, 6 years), took into account the amount the subsistence minimum for pensioners, determined by order of the governor of the region (the plaintiff’s pension exceeds the subsistence minimum), and determined for collection the amount of alimony of 400 rubles, determining its compliance with the minimum wage with subsequent indexation in proportion to the increase in the minimum wage established by law.

Thus, since the court decision will affect their interests, they can be brought to participate in the case as third parties without independent claims.

A claim for payment of alimony for disabled parents in need of help is possible against one, several, or all able-bodied adult children.

Child support for parents: judicial practice

As people approach retirement age, many people face financial difficulties.

The reason for this, as a rule, is the insufficient size of the pension, which is not enough to pay utility bills, buy food, medicine, not to mention clothing.

For many parents, financial and physical support for adult children is the only way to survive in this difficult situation.

Close people, and especially members of the same family, must take care and look after each other. This primarily applies to children who cannot help but understand their unofficial duty to their parents, who gave them life, raised them, surrounded them with care and warmth, and gave them the way to adulthood.

But modern judicial practice shows that cases where such unpleasant, complex situations are considered, when parents are forced to seek help from lawyers in order to obtain assistance (alimony) from children for their maintenance, occur quite often.

As you can see, the sense of duty towards parents, which by default should guide children in financial matters, fades away in many, becomes unpopular, and people who are of advanced age and incapacitated have to fight for their survival and seek the recovery of child support from children in court , if the issue cannot be resolved peacefully.

Normative base

Article 87 of the Family Code of the Russian Federation provides for a provision obliging children who are able to work to take care of their parents, but despite this, many old people are forced to take care of themselves in old age, often finding themselves in a situation that cannot but cause pity from others, strangers.

What should those old people do if their adult children refuse to voluntarily help them? The legislation of the Russian Federation provides for the right of elderly and disabled people to compulsorily collect alimony from children for their maintenance.

Many parents who find themselves in a difficult situation do not even suspect that they have such rights, the possibility of collecting alimony and receiving, albeit small, help from their not very caring children.

Who is entitled to alimony

The obligation to support parents is one of the primary obligations of adult children. But not all parents have grounds for demanding the collection of child support. Judicial practice defines the following grounds, in the presence of which a decision is usually made in favor of the party interested in alimony:

• Presence of family ties between adult children and parents. It is checked in the civil register, since it is on the basis of making an entry in it that a child’s birth certificate is issued.
• Absence of a previously concluded agreement on the payment of alimony.

Advice: if such an agreement has been concluded, but the payment of alimony by the children is still not made, the parents also have the right to file a claim in court to collect a penalty for alimony.

• The adult age of children and their ability to work. Children who have been declared emancipated, or those who were married while minors, are not subject to parental support obligations.
• Parents' disability and their difficult financial situation. This category includes fathers who have reached 6 years of age, mothers over 55 years of age, or parents who have disabled status. At the same time, those disabled people of the third group who cannot find appropriate work, limited by the recommendations of the VTEK, have the right to maintenance and collection of alimony.

Judicial practice defines the concept of need individually in each case under consideration.

This procedure is carried out by comparing the parents’ available income and their needs, without which a full existence is impossible.

Such needs, in particular, include: the cost of necessary medications, medical procedures and the like, food, clothing, household utensils, the cost of outside care if necessary, and other expenses.

Features of judicial practice

Judicial practice does not in all cases make decisions on the full satisfaction of applicants' claims. It is not uncommon for claims for alimony to be partially satisfied or not satisfied at all. Parental support may also not be assigned to all existing children.

• In cases that determine the existence of the right to collect alimony, as well as its amount, the court is primarily guided by data on the real financial situation of both parents and children, the presence of other dependents and obligations.
• Refusals to recognize the parents' right to alimony, as a rule, occur precisely because the financial condition of the plaintiff is actually better than that of the defendant.
• Judicial practice takes into account the size of pensions for age, disability, the availability of benefits for utilities, medicine, bank deposits, savings and other payments.

In accordance with the same Article 87, Part 3 of the Family Code, alimony is assigned in a fixed sum of money, calculated from a certain number of the minimum wage. The established maintenance must be paid to parents on a monthly basis. If there is an increase in the minimum wage, then alimony is also subject to indexation.

Advice: the lack of information about whether children have a permanent official income and sufficient funds is not a reason for refusing to grant maintenance.

But if, after the court makes a decision and determines the amount of alimony, the defendant experiences changes in his financial condition or health, a child is born, or other events occur that significantly affect the financial situation, the amount of alimony may be reduced.

Exemption from payments

As evidenced by judicial practice in cases of collection of alimony for parents, there are a number of cases when adult children are released from any obligations to their parents regarding their maintenance in old age.

This happens if:

• The parents were deprived of parental rights. With the exception of options if they managed to restore their rights before the children reached their eighteenth birthday. Then the right to demand alimony in old age returns to the mother/father.
• If both parents or one of them regularly avoided fulfilling their duty to a minor child regarding the protection of his interests and rights, did not pay child support.

Also in similar cases, there are cases when a parent loses the right to receive maintenance in old age if he did not provide his child with the necessary conditions for his full development and did not participate in his upbringing.

Usually, the decisive arguments in cases considering claims of parents against children for the recovery of maintenance for them, influencing the adoption of a negative decision for the plaintiff, are the provision by the child of a certificate of the parent’s arrears in paying alimony before he reaches the age of majority for a certain period, writs of execution, and court decisions.

Alimony for parents of pensioners from children: amount and judicial practice

Today, when it comes to the imperfection of the family institution in the Russian Federation, the first thing that comes to mind is fathers who abandoned their family and were forced to pay financial penalties.

At the same time, few people who are not faced with the problems of the issue know about the existence of forced payments by children to their parents.

 But the modern family institution and different relationships between children and their parents sometimes force children to pay alimony to the parents of pensioners.

Difference between retired parents and retired spouses

It is worth noting one feature right away. There are two different articles in Russian legislation, each of which implies different laws, but one wording. “Alimony for pensioners” can mean not only due payments to parents, but also to former spouses. Let's take a brief look at the main differences and governing laws.

Alimony for retired spouses

According to Art. 89 of the RF IC there is a situation in which a spouse, even if he has children over 23 years of age, will be obliged to pay his former cohabitant mandatory maintenance.

This is possible subject to the following basic conditions:

1. Legislative severance of relations (divorce proceedings) occurred no later than 3 years before the spouses’ retirement.
2. In the last years before retirement, the spouse worked actively or was declared disabled for objective reasons.

In this case, upon retirement and lack of maintenance, a person can demand alimony payments from his spouse.

 In the case of a marriage contract, which is increasingly used when concluding morganistic marriages in the Russian Federation, this clause is separately stipulated in the contract. If it is not specified, you can be guided by Art. 90 IC RF.

In the event that the terms of the agreement do not recognize a claim to property and alimony payments after the end of the divorce process.

Receiving alimony is impossible if the divorce process ended after the retirement of one of the spouses, or if both people violated the terms of the legislation of the RF IC, Chapter 4.

Alimony for parents

Applications for child support payments to parents are an increasingly common phenomenon in the Russian Federation.

At the same time, legal proceedings and legislative acts are also included in Chapter 4 of the RF IC and are regulated by Articles 85-88.

In what cases, according to these articles, can parents apply for child support payments? Everything is very simple, although it looks complicated. So, should children pay child support to retired parents? Yes, but not always.

The necessary conditions for receiving alimony payments are:

1. Absence of any type of undocumented assistance during the 1st year after retirement from the child.
2. Refusal to provide voluntary financial assistance in accordance with Art. 88 RF IC.

There are many exceptions to these situations. Let's take a closer look below.

Legal basis

Globally, in Russian legislation, in particular the Family Code, a whole chapter is presented for the provision of material assistance - Chapter 13 of the RF IC. But at the same time, questions regarding the receipt of alimony payments by parents from children are considered rather superficially. Basically, judicial practice is based on Art. 87 and Art. 88 of the RF IC on the maintenance of parents by adult children.

These articles cover:

• economic participation of children as assistance to parents;
• availability of necessary financial assistance.

The most interesting thing is that in most cases, alimony needs to be paid only when there is a documented refusal to provide financial assistance. Or there is a notarized document that confirms that the amount of financial assistance is insufficient.

The most difficult thing is to determine the amount of voluntary assistance of adult children in relation to their parents. After all, this fact is most often a stumbling block in legal disputes.

According to Russian legislation, voluntary assistance is calculated as: the cost of living, in the Russian Federation multiplied by the ratio of wages before retirement to total wages. From this total the amount of pension income received is subtracted.

In this case, voluntary assistance is the difference between officially registered income and the shortfall in the subsistence level in the Russian Federation.

Interesting fact: As practice shows, if the child’s parent worked in an official government position, then the sufficient amount ranges from 1000-2000 rubles at the time of 2017.

When should children pay child support?

Obtaining mandatory child support from children is not as easy as it seems. To do this, you first need to submit a document about receiving voluntary assistance from children. In this case, they must notarize the fact that they are actively involved in supplying the parent with food and medicine (if they have official employment and a fixed income).

If a person refuses documentation of assistance, or tries to evade notarized fixed assistance, then the parent is obliged to provide the lawyer with a document about his own incapacity for work, the presence of a shortage of funds (usually associated with the fact that treatment costs are several times higher than income).

Only in this case can a person demand alimony from their children to retired parents.

Cases of exemption from alimony

Let's take a closer look at when children do not have to pay child support for the maintenance of pensioner parents:

• The parents were divorced and one of them did not take part in raising the child. In this case, the parent does not fulfill his obligations in accordance with Art. 83 of the RF IC, which automatically deprives him of the right to forced assistance from the child.
• The parents were divorced and one of them did not participate in the financial support of the child. In this case, the law regulates this case as a fact of non-payment of alimony (even if there was no official application for its payment), which allows the child to similarly file a claim for non-payment of alimony payments until the entire amount is compensated in full to the extent that the parent does not have the right to receive reciprocal obligations from the child.

Note: In judicial practice there have not yet been cases where parents paid their overdue child support obligations in order to obtain reciprocal obligations from the child. Usually, for this reason, parents completely renounce any claims to both material and economic assistance.

• The income of a parent in retirement is considered sufficient for a decent living without additional support for the child. This is a fairly common reason for releasing a child from paying child support. Especially if the adult child’s income is lower than the pension payments from the state (or private pension funds) of the parent.

Note: If you are working with a private pension fund that could go bust at any time, the parent will be able to re-file a claim for child support obligations against their child.

• Divorced parents formally paid child support obligations, but no longer took any part in his life. In this case, it is formally considered that the parent does not have guardianship or parental rights, and also did not participate in the development of the child, and has nothing to do with his education or employment.
• The parent had a business and did not pay contributions to the pension fund; because of this, his unofficial income significantly exceeded the official pension. In this case, the parent has the right to file a claim against the child in order to receive forced alimony payments, but their size will either be very small, or the total delta (based on the calculations described earlier) will be negative. In the case of a negative delta, the court will not award either a fixed percentage or a flat monetary amount. The only thing a parent can count on in this case is the payment of a one-time contribution for current needs as determined by the court.
• The parent was once deprived of parental rights. In this case, despite the child’s genetic affiliation with the parent, their relationship will not be recognized, and, therefore, the parent has no right to receive child support payments.
• The parent's current spouse can fully provide for the parent's needs without the child's participation.
• The parents avoided paying child support obligations. Legally, in this case, the parents will be required to cover the amount of child support obligations before claiming similar payments from the child.

Collection procedure

In order to correctly calculate alimony for the maintenance of parents of pensioners and its actual amount, you need to adhere to a strict procedure:

• notify your child of the need for financial assistance for their maintenance (if necessary, arguing your position under Article 88 of the RF IC);
• in case of refusal, submit a document to the notary requesting voluntary alimony in a fixed amount. Usually this amount is small (within 3 thousand rubles);
• if the person did not come to the meeting or refused to provide documentary assistance to his parent, collect basic tax statements;
• submit a claim and all necessary documents to the judicial-executive system.

It is worth paying attention to the tax and labor records of both parents of pensioners and children. After all, only in this case will child support for parents who are already pensioners be calculated based on the size of their salaries.

Is there criminal prosecution for non-payment of alimony to retired parents?

What about administrative and criminal liability? In case of refusal to pay compulsorily prescribed alimony, a person may be subject to administrative liability. It will be collected in the form of:

• ban on traveling abroad (for persons without a work visa);
• additional tax audit of business;
• seizure of bank accounts;
• confiscation of funds in state banks in favor of the parent;
• a fine in the form of a fixed sum of money;
• confiscation of property worth enough to cover a three-year period for paying alimony.

If a person begins to hide from alimony collectors, he may be subject to criminal liability. The punishment for such a crime can be imprisonment for up to 3 years or up to 1000 hours of forced labor to cover the alimony debt.

Despite the existence of fairly harsh administrative and criminal penalties for non-payment of child support from children to parents, judicial practice rarely uses extreme punishment, limiting itself exclusively to confiscation of property or fines in the form of fixed small amounts.

Required documents

Now let's look at how to apply for alimony for the parents of pensioners. To do this, you need to provide the following documents:

• copy of passport;
• a copy of documents confirming the relationship between the child and the parent;
• a certificate of current official and unofficial income of the parent;
• a certificate of the heir’s current income;
• a certificate of medical expenses (ideal health insurance with a legally fixed contribution amount would be ideal);
• a copy of the refusal to voluntarily accrue alimony payments from the child to the parents;
• a statement of claim to the judicial executive authorities demanding the payment of alimony.

Only in this case can the parent count on receiving child support payments. It is worth noting that the trial may drag on and the costs will far exceed the amount of child support payments. And most importantly, due to the peculiarities of the executive branch in the Russian Federation, the receipt of alimony payments may be delayed indefinitely.

A statement of claim for alimony for parents of pensioners can be downloaded here.

How much can you charge?

Usually , the amount of alimony for the parents of pensioners is determined according to the formula in the family code. But, as judicial practice shows, in reality, pensioners can count on the following amount of payments:

Situation	Payment amount
The parent is officially declared disabled	Up to 40% of the child’s official income.
The parent requires specific medical care	A fixed, fixed amount to ensure the maintenance of medical care.
The child's income significantly exceeds the parent's income	The cost of living, in the Russian Federation, multiplied by the ratio of wages before retirement to total wages. From this total the amount of pension income received is subtracted.
Income from pension payments is equal to the lower limit of the subsistence level	The cost of living, in the Russian Federation, multiplied by the ratio of wages before retirement to total wages. From this total the amount of pension income received is subtracted.
Voluntary alimony	The amount is determined pre-trial and drawn up by a notary.
Parent's income equals child's income	A small amount in hard currency.
The child's income is slightly less than the parents' income	The cost of living, in the Russian Federation, multiplied by the ratio of wages before retirement to total wages. From this total the amount of pension income received is subtracted.
The child’s income is informal and unstable	A fixed, fixed amount that must cover a parent’s basic needs during retirement age.

Conclusion

Unfortunately, in 2017, people are increasingly asking about interest and fixed alimony payments to support the parents of pensioners. Judicial practice willingly takes the side of the offspring, which significantly complicates the possibility of receiving payments from an adult child.

To prevent this from happening, we recommend that all parents pay attention to savings in private and public pension funds, and most importantly, devote sufficient time and effort to raising a child.

In this case, you will not need to familiarize yourself with the results of judicial practice on such an issue as alimony for the maintenance of parents of pensioners.

If you want to learn more about the amount of alimony payments for the maintenance of retired parents, the results of court hearings, pitfalls, questions regarding the work of the executive branch, watch the following video.

In it, an experienced lawyer specializing in family and administrative code issues will explain to you in detail how to correctly collect alimony, what documents and in what order to submit, and most importantly, what is the likelihood of receiving a large amount from the heir.