Support from grandparents, can you file alimony for your husband's parents?

Unfortunately, there are many fathers in the Russian Federation who fail to fulfil their child-support responsibilities and do not pay alimony, and by doing so they force their ex-wives to take extreme measures.

For example, some mothers go to court to get money to support their child, and some even try to pay alimony to their husband ' s parents.

These payments are considered second-line alimony.

Grandparents ' responsibilities for the maintenance of their grandchildren

In general, the child ' s maintenance worker is his or her father, and the child ' s pecuniary responsibilities fall on his or her mother ' s shoulders; unfortunately, cases where one of the parents is not paying maintenance are becoming more frequent.

According to the law, if one of the parties refuses to provide voluntarily for his or her child, the other party has the right to file a claim for maintenance and the outcome of the proceedings and the relevant decision, the applicant has the right to apply to the bailiffs with an executive document in order to obtain the funds to be paid.

Mothers often fail to provide for their child on their own, so the law provides for the possibility of recovery of child support from grandparents in equal parts.

Under the provisions of article 94 of the Family Code, grandparents are required to assist in the maintenance of their disabled grandchildren in need of support; this rule also applies to children who have reached the age of 18 but are, for any reason, unable to work.

The basic condition under which second-line alimony is recovered is that the child ' s mother or father does not perform his or her maintenance duties.

In which cases it is possible to retain alimony from the husband ' s parents

In most cases, after the birth of the child, the mother remains in the decree until the child is given a place in the kindergarten; consequently, she does not have a permanent income during this period of time.

Some fathers, unfortunately, are unwilling or unable to help their newborn children for any objective reason, in which case the mother has only one option: to approach her husband's parents to obtain the maintenance necessary to support her child; usually, alimony from her grandparents is recovered in the following cases:

1. If the child ' s father has been declared legally incompetent, he or she has no permanent income and is dependent on his or her parents who are able to work.
2. If the father of a minor child who refuses to pay alimony, a student who does not have a permanent official income.
3. If the child ' s father is wanted, and the bailiffs cannot find him to keep the money on the execution sheet.
4. The father has no permanent income, real estate, which can be confiscated to compensate for maintenance debts.
5. The mother of the newborn is in a decree, declared incapable of work, in which case the State's income will not be sufficient to provide for both herself and the child.

In any of the above situations, the mother may collect alimony from her husband ' s parents, but this does not always end in favour of the mother; in some cases, the spouse ' s parents are in a privileged group of citizens who cannot be required to pay maintenance payments.

Conditions

It was difficult to recover alimony from the debtor ' s parents in practice; that was very rarely the case, since certain conditions existed at the legislative level under which such alimony payments could be recovered.

Practice has shown that only those grandparents who do not belong to a privileged category of citizens (forced, retired, poor) can obtain such funds and have enough money to provide not only for themselves but also for their grandchildren.

If the child ' s father ' s parents do not have sufficient financial resources, the court will take their side in the proceedings and will not assign alimony.

1. A minor: If a person has a disability, he or she is entitled to maintenance for his or her maintenance, regardless of his or her age.
2. If the child ' s parents are unable to provide his or her child with material assistance, the fact that he or she is in debt for maintenance cannot be a ground for his or her recovery from the non-payer ' s parents.
3. If grandparents have sufficient financial means to provide for their grandson, without any harm to their way of life.
4. If the father ' s or mother ' s parents are in a satisfactory physical condition, which enables them to work in a stable manner and to receive wages.
5. If the persons who are required to pay alimony first are not available for any reason.

Voluntary alimony from grandparents

Often, grandmothers agree to help their grandchildren voluntarily, at the initiative of the father or mother ' s parents, in a manner convenient to them.

1. Grandkids can get clothes, food, and all kinds of toys from their grandparents.
2. Grandparents have the right to give their grandchildren travel to children ' s camps or sanatoriums for recovery.
3. Often, relatives take their grandchildren to their homes on vacation to spend time with them.
4. Send parents free of charge for the child ' s maintenance, food or purchase of necessary items (e.g. school uniforms, office supplies).

According to the law, no child's parents have the right to demand that a minor's grandparents perform such duties; this is voluntary assistance provided to children to save their budget or give them some time to live for themselves (when the child is taken for all summer vacation).

If Grandparents have sufficient financial means, they can help their son, pay alimony for their grandson, which is provided in one of the following ways:

1. Payment of the child ' s child ' s maintenance debt.
2. In this case, the parties have the right to choose one of several options to support the minor: to make accommodation, to pay monthly alimony, and to pay arrears in this type of penalty.

Accordingly, at the legislative level, there are no limits to the support that the parents of the minor child ' s father or mother can provide, usually on a voluntary basis, but there are also situations in which the parties fail to reach such agreements.

For example, if the mother divorced the child's father and he refused to pay maintenance payments on time.Of course, in this case, you can turn to the grandparent of the child, who can help with the child ' s welfare.

But in some cases, the mother-in-law is so angry with his sister-in-law that he refuses to help her in any way, in which case it is only in court that differences can be resolved.

Evidence required

• Getting maintenance from the husband's parents is a rather complex and labour-intensive process, at least because the mother will have to spend a lot of time collecting documents to prove that the child really needs additional material assistance, as well as proof that grandparents have sufficient financial well-being.
• In order for the claim for maintenance payments to be granted, the claimant must submit to the court a package of documents specified by law.
• In order to prove that the child is a relative of future alimonyers, the following documents must be filed in court:

1. Birth certificate.
2. DNA results.
3. A certificate of marriage or dissolution with the child ' s grandparent ' s son.
4. If the newborn ' s parents were living together but their relationship was not registered, the court must be provided with evidence to prove that they had indeed been working together.

In her statement of claim, the mother indicates the amount of maintenance she needs to provide her child with normal living conditions, but she must prove that she really needs the amount and does not need to be overstated, so that the claim must be accompanied by payment documents to support the child ' s expenses:

1. A receipt from an educational institution.
2. Medical prescriptions that are vital to the child.
3. Cheques for baby clothes, food.
4. Transport tickets if the child needs to visit various health facilities at all times.

In order to prove the financial well-being of the grandparents from whom alimony is to be recovered for the maintenance of their minor grandson, the plaintiff must provide the following documents:

1. An extract from a home book that reflects the composition of the family.
2. Income certificates from the defendants ' permanent place of employment.
3. Bank statements on the status of accounts.
4. Certificates from hospitals confirming the absence of serious illnesses and disabilities.

Step-by-step instruction: How to recover alimony from the husband ' s parents

The instructions for the recovery of maintenance from the non-payer ' s parents begin with the determination of paternity.

If the child ' s father and mother were in an officially registered relationship, the man admits his paternity, it is very simple to prove that he is the minor ' s father, but if the child ' s father refuses to acknowledge this fact for any reason, the mother may try to establish him in court.

1. Make a statement of claim on the basis of a model.
2. To sue the justice of the peace.
3. As a result of the examination of the evidence, the judge makes a request for a genetic examination, which can only be carried out in a medical institution, since blood extraction is necessary.

At the end of the study, the results of the examination are sent to the court; if the document contains a positive response, the mother must apply to the civil registry for information on the child ' s father.

The recovery of maintenance payments from the parents of a child ' s father who refuses to maintain the minor independently shall be effected by agreement and in court.

In the first case, the parties draw up an agreement which determines the manner and amount of the child ' s financial support; in the second situation, the court is responsible for establishing such nuances.

So getting maintenance from your husband's parents is a complicated, laborious, but real procedure, so the child's mother has every chance of getting what she wants, but it's gonna take a lot of time and effort.

Maintenances: grandson, grandparents

Grandparents often take an active part in the upbringing of their grandchildren; the law considers these relatives to be close; hence, certain maintenance relationships between them are possible. What exactly are we going to consider in this article?

• Can the mother collect money from the husband ' s parents if he does not pay;
• Can a grandmother recover money from his parents to meet the needs of his grandson?

Support for a grandson

First of all, article 60 of the Family Code of the Russian Federation states that a minor has the right to receive maintenance from:

• Your moms and dads;
• Other relatives referred to in the Act.

Grandparents appear in the UK of the Russian Federation, so they have to pay the money to their grandkids.

It divides grandchildren into two categories:

1. Minors.
2. Adults who are incapable of work.

The law states that both categories have the right to recover, through a legal representative, from grandparents, but under certain conditions.

When article 94 of the Convention is in force

Having carefully studied the text of this article, it is possible to recover alimony from grandparents if the following circumstances are proved:

1. Grandkids need money, they have needs that they can't meet because they don't have money, like they can't buy warm winter things.
2. It is not possible to obtain child support from his parents. This is a circumstance that needs to be addressed in more detail. Because the phrase "not possible" is rather vague. We start with a parent who is obliged to pay child support. It is impossible to punish him if he dies, does not have property, is convicted of evasion of maintenance and does not work in prison. This is what most lawyers, including judges, believe. If a father is able to work, has some income, but does not want to pay, it is not necessary to try to place the father's responsibility on other relatives. It is not possible to force his grandmother to pay alimony on underage grandchildren. The legislator has not fortuitously developed a series of instruments designed to enforce the recovery of property, restriction of rights, search for "conciliation", administrative and criminal prosecution. It cannot be forgotten that two parents, each of them, are obliged to keep the children, each of them; therefore, if the father cannot afford the money, there is also a mother. If she is financially ill, one can demand that the maintenance obligation be fulfilled by the grandmother.
3. Grandparents have income to contribute to their granddaughter or granddaughter.

The conditions are the same for adults who are unable to work. The only thing is that they must first turn to their parents and spouses for help, and then to their grandparents.

Thus, article 94 of the Russian Federation allows for the filing of alimony against the husband ' s parents.The other thing is, it's written beautifully on paper, and it seems like the only way to file a lawsuit is for the judge to satisfy him immediately.

No, the judge will be very careful to compare the above-mentioned grounds for recovery of alimony with the actual circumstances of the case, and if he finds any inconsistencies, such as the fact that the husband who is in hiding is not wanted, then the action will be dismissed.

It must be emphasized that child support can be paid by grandparents only on the father's side, but also by mothers.

Therefore, it is not entirely correct to ask the question of the recovery of funds from relatives on the same line; the court takes this fact into account; and if an attempt is made only from the father ' s parents, if there are sufficient grandparents on the mother ' s side, the judge will issue a judgement that will serve the interests of the parties.

Protection of the grandchild's interests by grandparents

Is it possible for a grandmother to apply for alimony in the interest of a grandchild, to begin with the fact that the legal representatives of the child are the mother and the father, and this status is reserved for them until the child or daughter is of age, unless:

• The parents have died;
• The rights of the parent have been revoked or waived.

However, if the father or mother, and sometimes both parents, are deprived of their rights, they are not relieved of their maintenance obligations.

If maintenance had not previously been sought, would it be possible to bring it to Grandparents? Yes, this is permitted by law, but only on condition that the persons in question are the legal representatives of the grandchild or granddaughter.

I mean, to file alimony on behalf of a grandchild, a grandmother needs to be his guardian or guardian.

In all other cases, the conclusion that grandfather, for example, can protect granddaughter's rights is not correct.

Is it possible for a grandparent to become the legal representative of a minor? Practice shows that there are quite a number of such examples.

If there are no parents or they are deprived of their rights, the guardian will try to choose from the next of kin.

In doing so, such a relative must have sufficient life experience, a good relationship with the child, financial means and time to care for the minor, and parents often fully meet all these requirements.

Payment of grandchildren to grandmothers

At the beginning of the article, it was stated that the law established the possibility for a grandchild to receive maintenance money from his or her grandparents, and did these older relatives have the right to demand maintenance from their grandchildren?

This possibility is established by article 95 of the Russian Federation. Under what conditions is it exercised?

First, there are certain requirements for the situation of grandparents.

• Expensability;
• Incapacity to work;
• Absent access to alimony from children or a spouse, both former and current.

All these conditions must take place on a case-by-case basis, so that an able-bodied grandfather cannot claim maintenance; if there are children who are able to pay for the maintenance of their parents, the grandchildren shall also be left alone.

However, there are also certain requirements for grandchildren who may be required to pay maintenance.

1. Reaching the age of majority.
2. Workability.
3. A provision – that is, an opportunity to give money to relatives, leaving something for themselves.

Note that the matter is decided only by the courts.

Some outcomes

In summarizing the articles, once again analysing the questions asked and the answers to them, it can be concluded that the relationship of "grandmother-grandmother" to maintenance is acceptable.

The legislature, however, imposes so many different conditions for the recovery of funds on one side that, in practice, it is difficult to collect alimony from a grandfather in favour of a grandchild or a grandchild in favour of a grandfather, especially for mothers who think it is much easier to claim a husband's parents than for the former husband himself.

It's really easy to make demands, but it's very difficult to get them satisfied, and before you do that, you have to consult a lawyer about a particular life situation.

Maintenances from grandparents

If one of the parties refuses to take part in the child ' s life, the other party has the right to file an application with the court, whether the maintenance of the husband ' s parents can be sought from the husband ' s parents is a controversial matter. Under article 94 of the Russian Federation, grandparents are obliged to provide for the minor ' s grandson, but judicial practice shows that claims in such cases are not admissible.

The maintenance obligations of grandparents with respect to minor grandchildren are second-line alimonys and apply in exceptional cases where the parent of the child is unable to answer for his or her obligations on his or her own.

Maintenances from grandparents

The question of maintenance obligations on the part of the parents of one of the spouses is governed by article 94 of the Code of Criminal Procedure. The rule of law establishes that maintenance may be sought only if the child cannot obtain material assistance from the parents.

The following are entitled to maintenance from grandparents:

1. Children under the age of 18 who cannot receive material support from their parents or guardians.
2. Adult children who are not able to work; incapacity to work must be established by the courts and medical reports must be provided on the disability of the citizen.
3. Persons with disabilities but unable to obtain alimony from spouses or former spouses.

The possibility of obtaining maintenance is established by the Notes to article 94 of the Russian Federation and, without sufficient grounds, the court will refuse to consider the claim.

The following conditions must be met in order to obtain maintenance from the spouse ' s parents:

1. The child ' s means of subsistence, i.e. the income of the family in which the child lives, are lower than the subsistence minimum established in the region for each member of the family.
2. Grandparents have the opportunity to allocate any amount of money to their grandchild without deteriorating their material situation and lowering their standard of living.

In what cases could maintenance be recovered?

The grounds for the recovery of maintenance from the husband ' s parents are not reflected in the law; the courts determine the degree of need of each party and decide on the basis of objective circumstances.

The main reasons for the recovery of maintenance from grandparents in favour of grandchildren are as follows:

1. The parents ' failure to reach the child ' s 18-year-old age: each of the minor parents is incapable of work and dependent on the parents, in which case the recovery of maintenance from the grandparents is more than justified, but the duration of such payments is limited to the age of majority of the parent.
2. A parent who is not involved in the child ' s upbringing and maintenance is a student in an individual form of education without an official source of income, and the recovery of maintenance from grandparents in such a case is rare, since parents are already adults and must take care of their own child ' s needs.
3. The person under maintenance is under federal surveillance for non-payment of maintenance, and the bailiffs have taken all permissible measures to apprehend him and bring him to justice.
4. A maintenance debtor does not have an official source of income, property or personal property, most often an immoral parent, an abuse of alcohol or a drug-addicted parent.
5. The beneficiary of child support is on parental leave and is declared incapable of work, which prevents him or her from earning money not only for the child ' s needs but also for himself or herself.

It's also important to know:

In each case, the court decides on the basis of conclusive evidence from each of the parties; maintenance may not be recovered if the husband ' s parents are below the poverty line.

Amount of maintenance

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Family law does not regulate the special amount of maintenance recovered from the grandparents of the child; therefore, the current rules on maintenance obligations are applied on a case-by-case basis.

Recovery is permitted as a percentage of the income, on an equal basis with the parents of minors:

• 25% for one minor;
• 33% for two children;
• 50% for three or more.

The recovery of maintenance for several children is proportional to the total number of dependants in respect of whom the dispute is pending, and the court may reduce or increase the amount of the penalty on its own initiative if the amount of payment is in violation of the rights of the payers.

The recovery of maintenance from the husband ' s parents is a firm sum, which depends on the income of each of the parties; if the child ' s grandparents ' income is at the threshold of the subsistence minimum, the court is entitled to determine the amount of payment of several hundred roubles, as the recovery of large sums will make the second-line payer ' s financial position worse.

Means of recovery of maintenance

The recovery of maintenance from the spouse ' s parents is voluntary and compulsory, depending on the parties ' personal relationship and willingness to assist the child.

Voluntary agreement

The voluntary payment of maintenance involves the conclusion of a voluntary maintenance agreement, which must be subject to a compulsory notary certification procedure.

The Agreement shall contain:

• Information on the contributors and recipients of maintenance and the dependent to whom it applies;
• The subject matter of the agreement is the maintenance obligations of family members;
• The amount of maintenance, which may be stated in a firm amount and as a percentage of the income, depending on the agreement of the parties;
• The period of maintenance, most often the period of time during which obligations must be paid;
• The rights and obligations of each party;
• Liability of the parties for non-compliance with the terms of the treaty;
• The procedure for amending the provisions of the treaty;
• Other provisions that may affect the performance of obligations: payment of damages for late disbursement of funds, application to the court for determination of the child ' s residence with payers, etc.;
• Date of document;
• Signature of the parties;
• Notarized.

An agreement without a notary certificate is null and void and is not enforceable; the parties are free to modify the contract as many times as possible if each agrees to the new provisions.

It is also important to know: How to calculate maintenance arrears?

The recovery of maintenance through the court is carried out in accordance with the applicable rules of family, civil and civil procedure law; the applicant for maintenance must apply to the court at the address of his or her registration or residence, file a complaint and attach the necessary list of documents.

Procedure for filing an application with the court

An application to the court is made by the recipient of the maintenance or his or her representative, and the Criminal Code of the Russian Federation establishes that claims for maintenance obligations have an alternative jurisdiction, which may be brought at the address of the plaintiff or defendant, depending on the decision of the plaintiff; it is not possible to require the plaintiff to file a claim at the address of the defendant ' s residence or registration.

The judicial recovery of maintenance is carried out when the application is filed.

The following may apply to the court:

1. Parent who provides care and actual material support for the child ' s needs.
2. A guardian who is the official representative of the child.
3. Other grandparents with whom the child lives.
4. The guardianship and guardianship authorities.

On a case-by-case basis, the court examines all the materials of the case and determines the possibility for the parents of the non-payer to provide material support.

If grandparents are pensioners, the procedure for the recovery of maintenance is complicated because pensioners are an unprotected group of the population.

However, if the spouse ' s parents work and are able to provide material support to the grandson, maintenance will be provided.

How can a statement of claim be made?

A claim for maintenance is made in accordance with the provisions of article 131 of the Code of Criminal Procedure of the Russian Federation, which must contain comprehensive information and the circumstances of the dispute in question.

The statement of claim shall be based on the following principles:

1. "Shupka" indicates the name of the court to which the claim is brought, the identity of each party and third party, if involved in the proceedings.
2. General Part: It specifies the title of the document - "Prosecution application" as well as the reasons for filing a claim; it must include all the circumstances of the recovery of funds for the grandson, why the parent cannot provide for his or her child, why the grandparents must be involved in the provision and so on.
3. Final part: It specifies the plaintiff's claims for the recovery of maintenance from the spouse's parents for a minor grandson and the manner in which payments are made, as a percentage of the income or fixed amount.
4. The paragraph indicates all documents, certificates and evidence provided by the claimant to establish maintenance obligations.

Catherine Derjavina
Assistance in drafting claims and other legal documents

The statement of claim does not allow the use of slang expressions, spoken words and any dialects; the statement must be drawn up in Russian in accordance with the rules of grammar and orthography.

List of required documents

The claim must be accompanied by an exhaustive list of documents that establish the relationship between the child and the defendant(s) and the circumstances of the need.

Necessary documents:

• The birth certificate of the child;
• The passport of the applicant if he or she represents himself or herself;
• The power of attorney in court and the passport of the applicant if the interests are represented by counsel;
• A divorce certificate if the marriage has been concluded;
• An extract from the home book establishing which parent the child is living with;
• Evidence of the claimant ' s income, if possible by the respondent;
• 2-NDFL;
• Requests for the examination of experts and witnesses, if any;
• Documents establishing the relationship between the child and the grandmother (grandfather);
• If it is not possible to provide documents establishing the child ' s relationship with the spouse ' s parents, a request for proof of kinship: the spouse ' s birth certificate.

The State fee for filing a claim for maintenance is 150 rubles; the plaintiff does not pay it at first, and the obligation to pay falls on the party who loses the dispute.

It is also important to know: How to pay maintenance when married?

Judicial practice

Judicial practice in cases involving the recovery of maintenance from grandparents for the maintenance of their grandchildren is small, as in most cases the courts refuse to hear the claim because the grounds for applying to the court are not consistent.
Example No. 1

A dispute over the maintenance of a grandson of 4,659 roubles was heard by a regional court and the application was denied.

The Court based its refusal on the decision:

• The complainant has not taken sufficient steps to recover maintenance from the child ' s second parent;
• The departure of a person under maintenance from the territory of the Russian Federation shall not constitute an obstacle to the receipt of maintenance, unless otherwise determined by a court or by an executive proceeding;
• Recovery of 4,659 roubles would seriously affect the pensioner ' s budget, as his pension was 9,673 roubles at the time of the claim.

The claim was dismissed, the court explained the plaintiff ' s right to appeal to the higher authority against his decision, and the plaintiff was denied before a higher court.

Example No. 2
The woman filed a claim for maintenance from the grandmother of the child because the father of the minor child was found to be incompetent and motivated the plaintiff to claim that her income did not ensure a decent standard of living for the child because she was on maternity leave and was unable to go to work, while her grandmother was secular, had a business and had a steady income, and the woman indicated the amount of maintenance as a percentage of the income.

The plaintiff ' s claims were granted in part by the court:

• Maintenance for a minor child was fixed at a firm monetary amount of 5,600 roubles, with annual indexation of payments until the child reached the age of 18;
• The court found that the child ' s grandmother ' s financial situation would not be affected by the payment of such maintenance, since her average earnings amounted to 74,000 roubles;
• The income of the beneficiary of maintenance is set below the subsistence level.

The court shall examine all the circumstances of the case and determine whether a penalty may be imposed; depending on the standard of living of each party, its sources of income and its means of subsistence, a decision shall be taken.

Conclusion

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The recovery of maintenance from grandparents is rare, and the claimants' claims are hardly met.

This situation is linked to article 80 of the Code of Criminal Procedure, which establishes the obligation of parents to provide for their children, as well as the declaration of unlawful claims by the plaintiffs against the parents of the spouse.

It's important to know!

• Each case is individual and requires separate attention. The information presented on the website is general and does not provide a guarantee that your problem will be solved.
• We are closely following legislative changes and trying to make timely changes, but this is not always fast.

So there's a 24-hour legal aid service for you right now.

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Lawyer, the main course of action is family law, taking an active part in the courts as a representative.

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Maintenance of family members

Apart from parents, children and spouses, other family members have the right to alimony.

However, it is pointed out that most countries do not have such rules, where the legislator is limited to the maintenance obligations of parents and children.

Let us examine the maintenance obligations of family members in more detail.

Right to maintenance

Other family members include grandparents, grandchildren, brothers and sisters, stepdaughters and stepdaughters, as well as actual caregivers; the family members listed refer to persons who are obliged to pay alimony only if certain conditions exist.

The second condition is that other family members have sufficient money to be able to pay maintenance; if they are in need, they cannot be reimbursed.

The special features of the recovery of maintenance for other family members, which are unique to these categories of persons under maintenance, will be discussed in more detail.

Support for Brothers and Sisters

The support of brothers and sisters is extended to both full-parent and half-brothers, and half-brothers must be half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers, half-brothers.

If minor children are unable to receive maintenance from their parents, they have the right to receive such maintenance from their brothers or sisters; brothers and sisters must be adults, i.e. older than 18 years of age.

They must be able to work, i.e. they are not disabled or have not reached the age of 60 (for 55 women).

The right to maintenance is also enjoyed by adult brothers and sisters who are unable to work, especially disabled persons, who need such assistance, and who have no obligation to receive maintenance from their children, parents and spouses.

The alimony of brothers and sisters is not as obvious as that of other family members. Brothers and sisters often have difficult relationships. They may not communicate for a long time.

From a moral point of view, such alimony seems to be the most difficult to recover.

In one of our publications, we considered a case in which a sister was forced to support her side brother who had been disabled because of alcohol abuse.

Grandparents ' maintenance

If minor children are unable to receive maintenance from their parents, they have the right to claim maintenance (alments) from their grandparents.

Grandparents will pay alimony for their grandchildren only if they have sufficient money to do so.

Their total income must exceed the subsistence minimum, taking into account the obligations to support other family members, and the ability of the grandparents to work is not important for the recovery of maintenance.

Even more rare in practice are alimonys that grandparents are obliged to pay to their adult grandchildren who have lost their capacity to work, provided they need help but cannot receive it from their parents or spouses.

Support for grandchildren

The reverse situation arises in the case of grandparents ' need for external material assistance.

Now, grandchildren who have reached the age of majority, who are able to work and who have sufficient money are obliged to pay alimony for the maintenance of disabled older relatives in need of assistance.

There may even be situations where grandparents first pay alimony for underage grandchildren, and then grandchildren pay alimony for the maintenance of these old people.

Grandparents may receive alimony from their grandchildren if it is not possible to obtain alimony from their children or spouse for their maintenance.

Apprentice ' s maintenance

Maintenance is not only a matter for relatives, but also for actual carers; de facto carers include any person who has accepted the obligation to raise a child without any form of documentation.

Such situations are rather rare today, but still occur, and children left without parental care are usually identified by the guardianship authorities and placed in foster care or foster care.

These circumstances are clarified in court proceedings, if they are not confirmed, the action may be dismissed by the court, and child support may be obtained only if it is not possible to obtain maintenance from his or her children or spouse.

Support for stepdaughters and stepchildren

Family legislation regards step two stepdaughters and stepchildren as contributors to maintenance, and Pasink will pay alimony to his stepfather if he does not receive maintenance from his children or his spouse.

Since the legal obligation of the stepmother and stepfather to maintain and educate the stepdaughter and the stepdaughter respectively is not established, the grounds for the recovery of maintenance may only arise if it is proved that the stepfather and stepmother themselves have brought up and kept minors.

In this case, as in the case of actual caregivers, it is necessary that the upbringing and maintenance be not less than five years old and be carried out in an appropriate manner.

Maintenances From Your Husband's Parents: How Do You Get Maintenance From Your Mother-in-law?

No one will deny that raising children to their feet is extremely difficult, especially when it comes to mothers raising their own children without the help of a second parent.

But often fathers simply avoid paying alimony, forcing ex-wives to take extreme measures, including looking for an answer to the question, "Can maintenance be recovered from the husband's parents, the grandparents of the child?"

Of course, it sounds a little weird, but this type of maintenance is allowed under our legislation, but it is considered second-line alimony.

Second-line support persons are grandparents, aunts and uncles, brothers and sisters who are forced to pay alimony to a needy person who is left without support from parents, guardians, spouses, etc.

Grandparents ' responsibilities for the maintenance of their grandchildren

We are all used to the fact that fathers pay child support less often than mothers because it is their primary responsibility, as enshrined in the Constitution of the Russian Federation. Most often, child support is provided in the form of monthly maintenance payments, and it is suspended upon the child ' s 18th birthday.

If one of the parents refuses to help with the child ' s welfare, the other is entitled to file a claim for maintenance with the Magistrate ' s Court and subsequently to be assisted by bailiffs for the child ' s maintenance; unfortunately, parents are not always able to support their child for good reasons, and the law allows the retention of maintenance from grandparents in equal parts.

Under article 94 of the Family Code of the Russian Federation, grandparents are obliged to assist their needy or disabled grandchildren, including adult grandchildren, who are unable to work and earn a living.

Judicial practice shows that the retention of money from grandparents is extremely rare, due to the considerable age of the parents of the person under maintenance, and even when a claim is filed to keep the money from the parent, the court first considers the possibility of keeping the child with the child ' s parent; it also takes into account whether attempts to enforce the debt have been made by the employees of the SPF; if the proceedings were in progress but no sources of income and property have been identified to cover the debt, the claim will be granted.

Why keep alimony from your husband's parents?

And many of them do not want to help them, nor do they have any control over them.

Most often, maintenance from the husband ' s parents is sought in the following cases:

1. When the child ' s father is a minor (incompetent) and therefore has no income and is dependent on the parents;
2. The father of the child is a student who does not have an official income (satisfactions, wages, benefits);
3. The child ' s father is wanted and the bailiffs are powerless;
4. The child ' s father has neither official income nor personal property that can be confiscated nor other material assets. (On how to obtain alimony from an unemployed father, read here);
5. The child ' s mother is on maternity leave or has the status of a disabled citizen, i.e. she does not have sufficient official income.

Where these situations exist, the mother of the minor child may file a claim for maintenance from the husband ' s parents, but the case will be thoroughly considered and the decision will not always be satisfactory, as the husband ' s parents may be in a socially vulnerable group (pensioners, disabled persons, etc.).

Conditions for recovery of maintenance from the husband ' s parents

However, child payments from the husband ' s parents were very rare because the Government had imposed certain conditions for the recovery of maintenance, but if the grandparents did not have sufficient financial resources, the court would take their side and the alimony would not be awarded.

Thus, the basic conditions for the recovery of child support are as follows:

1. The age of a child under 18 years of age, if maintenance is required for a disabled child, does not matter;
2. Lack of material assistance from parents for objective reasons (a father ' s or mother ' s maintenance debt is not a basis for recovery of maintenance from the debtor ' s parents);
3. Enough wealth for grandparents to provide for their grandchildren without harm to their livelihood;
4. Satisfactory physical condition of grandparents;
5. Lack of first-line support persons (parents, guardians).

Remember that alimony from the husband's parents can only be granted in exceptional cases and divided equally between all grandparents of the child.

Voluntary alimony from grandparents

Grannys often try to help their grandchildren and their mothers with their free consent and in a manner convenient to them. They can:

1. Give the grandchildren clothes, toys;
2. Send children to children ' s camps, sanatoriums;
3. Take the kids to your place on vacation;
4. Sending small sums of money to feed a child and a lot of other things.

No one may oblige them to perform these duties and even less attempt to enforce child support on them if they simply do not have sufficient money and are forced to live on minimum income.

If grandparents have the means, they can help their son pay alimony for his child in the following manner, but only by voluntary consent:

1. In lieu of his son, a debt of alimony;
2. Formulate a maintenance agreement for a grandchild in its name:
   1. To provide the grandson with a dwelling or apartment by agreement;
   2. Pay monthly alimony;
   3. Payment of a certain amount of debt on behalf of the son.

In other words, no one limits your parents or your husband's parents to helping your grandchildren.

And it's good if they refuse that support to the best of their ability, and so we advise you not to try to collect alimony from your parents, but to try to establish a good-hearted relationship with him.

Moreover, they are the ones who, by their consent and love for their son, help him financially if he needs financial support.

Evidence to obtain maintenance from the husband ' s parents

We have already said that it is very difficult to get alimony from the husband's parents and requires the collection of evidence of the child's need for help and financial well-being for grandparents.

Thus, in order for the claim for maintenance to be granted, the applicant for maintenance (mother or guardian of the child) must collect the following documents and evidence:

1. Evidence of the relationship between the minor and the son of the defendants (grandparents):
   1. The birth certificate of the child;
   2. The results of the expert medical examination (DNA test);
   3. Registration/dissolution certificate for the defendant ' s son;
   4. Evidence of living together with the child ' s father if the minor ' s parents were in a common-law relationship.
2. Payment documents on the child ' s basic monthly needs:
   1. Accoutrements from kindergartens, hospitals and other educational or health institutions;
   2. Prescriptions and cheques for life-saving medicines for the child;
   3. Cheques for children ' s food, clothing, toys;
   4. Transport tickets if the child has to travel to health facilities at all times.
3. Financial and physical welfare certificates for the parties (provided by the mother of the child, grandparents and, upon request by the court, ex-husband of the claimant):
   1. An extract from the household book on the composition of the family;
   2. A certificate of income from the workplace, the local department of the RPF, the employment centre, etc.;
   3. Bank statements on the status of accounts, savings books, deposits, etc.;
   4. Certificates and other documents from a medical institution (serious illness certificate, medical certificate of disability or other incapacity for work).
4. In fact, the most appropriate claim for maintenance;
5. The passports of the parties.

This list will also be useful for respondents wishing to prove their inability to pay alimony, and personal evidence (personal correspondence, photographs and video footage, witness statements, etc.) may be used.

Even if the court were to order the recovery of maintenance from the husband ' s parents, who could assist the grandson financially, maintenance would also be withheld from the mother ' s parents (chapter 19 of the Family Code).

Please note that Russian legislation is constantly changing and that the information we have written may become obsolete. In order to resolve your family law issue, you can contact the website ' s free legal advice.