How to apply for child support for an adult son or daughter: procedure

For the legal regulation of such issues, there are articles No. 87-88 of the IC of Russia. These legislative documents spell out all the responsibilities of adult children to provide for disabled parents with the help of alimony.

 

In accordance with these articles, an adult son or daughter is obliged to take care of disabled parents who need financial assistance. If the children do not express a voluntary desire to carry out such actions, then the mother or father has the legal right to file for child support against them.

Despite the legality of actions on the part of parents, not everyone can count on a positive result in receiving funds for support. So striking is the fact of deprivation of parental rights without their repeated renewal. Under such circumstances, the father and mother lose their rights to support their children.

Important points about receiving alimony:

• Child support for parents can only be paid by legally capable adult children;
• the need for alimony lies in the inability of disabled parents to support themselves due to a low pension or its absence, as well as the lack of other sources of income that allow them to lead a normal lifestyle;
• Disabled persons of retirement age can count on receiving alimony: women over 55 years old, men over 60 years old, as well as disabled people from groups 1 to 3.

Collection of alimony occurs on the basis of a claim brought:

• in relation to 1 specific child;
• to several adults;
• to all existing children.

If a claim is brought against one of the children, then the court, when considering the case, has the right to impose alimony payments on all children as a whole, despite the fact that they were not indicated in the statement of claim.

The court process also considers the amount of potential alimony, which can be fixed in a “flat amount” or a percentage/share of total income, but taking into account the financial and marital status of all parties.

In the process of determining the amount of alimony payments, the court takes into account the interests of all parties in the plan:

• confirmation of the fact of the parents’ incapacity for work and their financial condition at the time of filing the claim;
• the level of financial status of children;
• availability of evidence confirming the availability of permanent care for parents;
• official information about pension provision and its amounts;
• the presence of subsidies, benefits, property rights to movable and immovable property, which can generate passive income for parents.

The choice of method for establishing the specific amount of alimony depends on many circumstances, such as:

• unstable incomes and official earnings;
• children living outside the country;
• the fact of receiving partial income in kind.

The law also provides for situations where one or both parents have serious illnesses or are disabled, and the children have a stable, permanent income.

Then the court may decide to collect either a one-time benefit or for a certain period of time, capable of covering the costs incurred in connection with expensive treatment and necessary care (the facts require documentary confirmation from doctors).

Factors for exemption from parental support payments

From a legal point of view, there are situations when children are exempt from this type of legal obligation. These could be:

• the presence of deprivation of parental rights;
• parents in the past shied away from their direct responsibilities for raising and providing for their children (son, daughter);
• convicting parents of immoral behavior.

In some cases, the court may make a decision on child support in favor of the parents for a period of no more than 3 years. Decisive factors when issuing such an order may be: sincere repentance of the parents, high income of the children, etc.

How to apply for child support for your son or daughter

Everyone knows that parents are obliged to support their children and pay them child support. But parents also have the right to receive financial assistance for maintenance from their children in the event of certain life situations. Who has the right to receive help from adult children, how to apply for child support for an adult son and (or) daughter, where to go for this - these and other issues will be discussed in this article.

Obligation of children to pay child support

The duty of adult children to take care of their elderly or sick parents is enshrined in the Constitution in Article 38.

It is assumed that such care, support, assistance, both moral and material, will be provided voluntarily.

If this does not happen, then the law provides for the forced assignment of these responsibilities to the daughter or son of a needy mother or father in accordance with Art. 87 of the Family Code of the Russian Federation.

In what cases can you receive alimony?

You can file an application for alimony when a number of conditions are met:

Parents

Not every parent can legally demand financial assistance from their children. Money is recovered when two factors occur simultaneously: the parent is disabled and needs help.

Disability means that a person:

• Reached the age required to receive a pension. Currently, it is 55 years for women and 60 years for men. If a pension is assigned on preferential terms, before reaching the specified age, you can also apply for the recovery of funds.
• Has a disability (group 1 or 2). If a parent has a disability group of 3, then he can count on receiving alimony only if he was unable to find a job in the position recommended to him by the medical commission.

Under these conditions, the law recognizes a person, due to age or health condition, as not being able to fully work on an equal basis with others.

Neediness means that a disabled father or mother for some reason does not have pensions or benefits, and also if they are clearly not enough. Whether a person needs help or not is usually determined using the cost of living, which is different in each region of our country for different categories of citizens.

If there is only one factor, you will not be able to get money, even through a lawsuit.

Children

You can receive financial support for children who are:

1. Adults. At the time of filing the claim, the son and (or) daughter must be 18 years old. Even if before this age they received legal capacity (through emancipation or marriage), work, are engaged in business with even a large income, it will not be possible to forcibly collect funds from them.
2. able-bodied. If children have a disability whose group does not provide the opportunity to work or have reached retirement age, the court will refuse to collect financial assistance.

The law does not make the right to demand child support dependent on the fact whether adult children have a permanent place of work, as well as the size of their salary. The right of parents to receive financial support has priority, since healthy adult children have every opportunity to earn enough money to live, unlike elderly or sick parents.

Voluntary assistance

Law in art. 87 of the Family Code of the Russian Federation provides for the right of parents applying for financial assistance, and children obliged to provide such assistance, to enter into an agreement among themselves, which will provide for all the nuances of the payment of funds transferred for maintenance. It must be certified by a notary.

The agreement is signed both between both parents and all children, and separately with each of them. You can specify what specific amount each payer will transfer.

If the payer of the money subsequently refuses to pay, makes a delay or pays less, the father and (or) mother will be able to contact the bailiffs with such an agreement in order to collect the funds forcibly. In this case, enforcement proceedings will be initiated, and money will be withheld from the salary.

It is, of course, possible to do without concluding such an agreement with notarization; the parties can verbally agree on everything, or enter into a written agreement without a notary and fulfill their obligations. This is not prohibited by law.

Therefore, when children agree to pay voluntarily, it is better not to waste money on a notary, having drawn up all agreements as prescribed by law, so as not to later file an application for alimony in court and not to waste even more time and money on litigation.

Collection of alimony through court

If the parties were unable to reach an agreement and conclude an agreement, you can exercise your right to receive financial support for a decent life in court by filing an application for alimony.

Where to contact

Such categories of cases are considered by a magistrate. Documents can be submitted to the magistrate at both the residence address of the plaintiff and the defendant. The application must be submitted to the court in person or can be sent by mail.

How to make an application

The following must be specified:

1. Justice of the Peace, number, address of the precinct.
2. FULL NAME. the plaintiff, his address, you can also indicate a telephone number.
3. FULL NAME. defendants, their addresses, telephone numbers.
4. The amount that the plaintiff wants to receive as alimony monthly, with calculation and justification. You cannot specify an arbitrary amount; you must justify every ruble of funds collected, for example, how much is needed for medicines, a nurse, massage, etc.
5. Cost of claims (to calculate it, you need to multiply the amount of alimony per month by twelve, that is, per year).
6. Description of the financial and marital status of the defendants (where they work, how much they earn, how many dependents they have, etc.).
7. References to legal norms (Article 87 of the Family Code of the Russian Federation).
8. Demand to collect alimony.
9. Date, signature.

Required documents

You will need the following documents:

• a copy of the children's birth document;
• certificates of the plaintiff’s income (pensions, benefits, etc.);
• confirmation that the plaintiff does not work (copy of the work book);
• a copy of the disability document;
• medical documents;
• documents confirming the need to incur regular expenses (for example, for a nurse, massage therapist, etc.);
• power of attorney for a representative, if he is involved;
• a copy of the claim and all documents according to the number of defendants;

When considering this category of cases, the applicant is exempt from paying state fees. The state fee will be collected from the losing party.

Amount of alimony for parents of pensioners and disabled people

The court, when deciding how much alimony to award, takes into account the financial and marital status of the defendants, as well as other relevant circumstances.

Thus, it is established how much each of the defendants earns, whether there are additional sources of income, who is dependent (children, non-working spouse). The income of the plaintiff and the defendant is compared.

Other circumstances may also be taken into account, for example, a serious illness requiring expensive treatment.

Parents, guided by their personal motives, can demand money from only one of their children, without filing a claim against others.

The court does not have the right to independently, contrary to the wishes of the plaintiff, involve the remaining children as defendants and collect money from them; however, when determining the monthly amount, all children, their income, position and how much the plaintiff could receive when collecting money from them are necessarily taken into account. everyone.

The court also pays attention to the degree of assistance of each child.

For example, if one daughter earns little, raises a child alone, but takes care of her mother, and the son, who earns well, does not provide any assistance, alimony is collected from the son, and the daughter is completely exempt from payments or their amount is reduced.

After assessing the situation and capabilities of each of the defendants, the amount of amounts that the plaintiff asks to recover in the application for alimony may be reduced.

Alimony is to be determined in a fixed amount, which must be paid every month. This amount is subsequently subject to indexation when the cost of living changes, in accordance with Art. 117 of the Family Code of the Russian Federation.

Exemption from alimony

If there are the following grounds, adult children may be exempt from paying alimony:

1. They are completely exempt from the obligation to provide financial assistance to their parents if the latter were legally deprived of parental rights. If such rights are subsequently restored by a court decision, no exemption from payment occurs (Article 71 of the Family Code of the Russian Federation).
2. The court, taking into account the specific circumstances of the case, may exempt from alimony if the parents evade parental responsibilities in relation to the child against whom the claim is now brought. The defendant must prove the fact that the parent evaded his upbringing or maintenance. As a rule, witness testimony is taken into account. If alimony was collected from the mother or father, the payment of which they evaded, then the proof will be a certificate from the bailiffs about the existing arrears of alimony.
3. If a parent committed a deliberate crime against his child or abused alcohol, drugs, or abused the child in childhood, the court has the right to relieve him of the obligation to provide financial assistance to the parents. Judicial practice is based on specific crimes or actions committed by the plaintiff.

Advice

Before applying for child support for an adult able-bodied son or daughter, parents need to try to come to an agreement with their children. Before going to court, it is necessary, based on the information provided in the article, to determine whether the parent has the right to recover financial assistance from the children in court.

Can a father file for child support for his son?

Can a father file for child support for his son? This depends on specific situations, which are spelled out in detail in the Family Code of the Russian Federation (FC RF).

According to the RF IC, both teenagers from their own parents and a father or mother (retired or disabled) from an adult son or daughter have the right to collect and receive alimony payments.

The collection of funds for financial support of parents is considered a priority. Such payments are considered 1st stage alimony.

Such alimony payments are considered financial resources that children pay to support their own parents.

How can I apply for alimony payments? According to the law, a father can file for child support in this way: by settlement agreement or through the court.

Settlement agreement

In what cases, instead of going to court, is it advisable to enter into a voluntary agreement between parents and their sons or daughters?

Concluding a settlement agreement is the best option for resolving a family dispute if both father and son agreed on the amount, terms and features of alimony payments on mutually beneficial terms, and then executed a document certified by a notary.

The advantages of a voluntary agreement are:

• it is concluded within a few days;
• such a document is voluntary;
• it is concluded only after reaching a compromise between the parties;
• there are no financial costs for legal costs;
• it can be issued quickly and easily.

If one of the parties does not comply with the terms of the settlement agreement, the 2nd party uses a similar document to forcibly collect alimony payments - as a writ of execution.

If a son or daughter shirks from fulfilling their obligations to support their parents financially or the parties have not reached an amicable agreement, they also need to come to court.

Since such payments are made in fixed amounts, the judge in this case does not issue a court order. In such a situation, the father files a lawsuit in a judicial institution, and the judge begins an open hearing of the case and resolves the dispute in favor of one of the parties.

Filing a claim with a court

Every father or mother expects love, attention or financial assistance from their son or daughter for their maintenance. But not every mother or father who needs certain financial resources can demand in court to recover payments from their adult children.

Can a father file for child support? According to the law, a claim for child support payments can be filed if there are the following grounds:

• if one of the parents is disabled. Dad or mom have a disability group, which is given by a medical social examination (MSE) or they receive a pension: from 55 years old - mom and from 60 years old - dad;
• the plaintiff's need. The degree of need is determined by the subsistence minimum (ML). If mom or dad’s income is below the minimum monthly wage, then they need financial assistance from their older children;
• availability of paternity rights. The father must have parental rights or be restored to them;
• fulfillment of the responsibility for the financial support and upbringing of a teenager until the age of 18;
• the defendants are mature and working citizens of the Russian Federation;
• There is no agreement on alimony.

The procedure for collecting funds from older children

In what cases can a father receive child support? You can receive alimony transfers from an adult son or daughter when the magistrate’s court has made a similar decision.

Therefore, the first correct step should be to file a claim with a judicial institution. The claim must include the following information:

• the name of the court to which the claim is filed;
• personal information about the plaintiff - full name, place of registration, day, month and year of birth, marital status, telephone contacts;
• information about the defendant - full name, place of registration, day, month and year of birth, where he works, marital status, telephone contacts;
• Title of the document;
• information about specific circumstances - the status of one of the parents (retired or disabled), the neediness of mom or dad (cost calculations and salary), information about the lack of financial assistance from older and working children;
• information about the absence of a settlement agreement on alimony payments;
• legality of claims (reference to laws);
• calculation of the amount for financial support of the father or mother;
• claim requirements - recovery of a specific amount from mature children in favor of 1 of the parents;
• list of documents provided to the court;
• signature of one of the parents;
• date of filing the claim.

Required package of documents

The plaintiff must attach the following package of documents to the claim:

• ID card of father or mother - plaintiff’s passport;
• a certificate indicating the date and place of birth of the adult son or daughter - the defendant;
• certificate of receipt of pension;
• MSEC statement on assigning a disability group to the plaintiff;
• a certificate of the amount of the pension or disability payment received by the plaintiff;
• book about the labor activity of a citizen of the Russian Federation (labor);
• calculations of expenses and salary amounts;
• photocopies of the claim and a specific package of documents - depending on how many parties are participants in the court hearing.

Where and how to file a claim

You can submit a claim and a specific package of documents yourself or through your authorized representatives. You can also send your claim by registered mail.

Execution of a court decision

After the court decision is made, the father or mother is given a writ of execution. With him, the father or mother goes to the bailiffs, who collect funds in favor of one of the parents.

After such a decision is made, children cannot refuse the assigned obligations until circumstances change. In the event, for example, that a son or daughter is fired, the court may cancel child support for the parents.

The court may also order the collection of alimony funds from children for a period of 3 years. A period of 3 years is assigned if one of the children flatly refuses to fulfill their duties, and this is proven in court.

How to apply for child support for an adult son or daughter: procedure

Most parents have the right, enshrined in law, to file for child support for an adult son or daughter. To receive financial assistance from a child after 18 years of age, you will need to collect the necessary documents and submit a claim to government authorities . Can parents apply for child support for their children, and how to do it correctly?

Can I apply for child support for an adult child?

Child support for parents is paid in the form of a sum of money, which is assigned voluntarily or by court decision. The money received will be used to improve life circumstances.

How to apply for alimony: methods

You can apply for child support in one of two ways:

1. By voluntary agreement.
2. By the tribunal's decision.

If the first method is used, then the parties must agree on the procedure, timing and amount of payments. After which an agreement is drawn up in writing, certified by a notary.

A voluntary agreement has the following advantages:

• the child’s desire to pay child support according to established rules;
• short processing time;
• no additional costs required;
• absence of disagreement;
• simplicity of design.

If one of the participants violates the terms of the agreement, the second party has the opportunity to use forced execution of the agreements. The writ of execution can be obtained from the bailiff service.

Important! Registration through the court will be required if the parties cannot reach a compromise, or the child does not want to pay child support at all. To apply, you will need to draw up a statement of claim for an adult child.

The amount of alimony is determined at a court hearing when considering the case materials.

When can a parent file for child support?

If alimony is arranged between the parties on the basis of a common agreement, then no additional reasons for requesting funds will be required. But if a parent is trying to obtain child support through the court, then they will need to meet the conditions in which cases they can file an application:

• availability of parental rights (a citizen deprived of parental rights will not be able to obtain child support);
• need (the definition of need is based on the subsistence level - the parent’s income must be less than a specified amount);
• absence of another agreement for the payment of alimony;
• the parent fulfilled all responsibilities for raising and maintaining the child until the age of majority;
• the parent is disabled (disabled, pensioner, MSE damage);
• the child's adulthood and ability to work;

The procedure for collecting child support

The collection of alimony against the will of an adult child is allowed only if the corresponding decision has been made by the court. A sample of a claim submitted to the court includes the following information:

• name of the body to which the appeal is sent;
• details of the parties (full name, date of birth, place of registration and residence, contact details);
• document's name;
• the circumstances of filing a claim against a child if he refuses to help;
• information about the lack of financial assistance;
• evidence of the absence of another agreement on the payment of alimony;
• links to articles of legislation on the basis of which the application is submitted;
• the amount of financial assistance required with calculations;
• plaintiff's claims;
• list of attached documents;
• signature of the applicant and date of application.

Required documents

When submitting an application, documents must be attached, without which the application will not be processed.

List of required papers:

• applicant's passport;
• pensioner's ID;
• confirmation of disability;
• calculation of income and expenses;
• child's birth certificate;
• income certificate;
• employment history

Where and how to file a claim?

Documents and claims can be submitted to the magistrate's court personally by the originator or through his authorized representative. In this case, you will need to additionally attach a power of attorney certified by a notary to the package of papers. It is also possible to send a registered letter by mail.

Submission through State Services

To submit an application through State Services, you will need to go to the official website of the portal and log in. If authorization is not possible, you must go through the registration process.

To find the required service, you can use the search bar, where you enter the request “collection of alimony.” The search result will be a list of available services by code words. If a service is available in your region of residence, the corresponding service will be shown in the search results.

Authorization takes place using a login-password pair from the main portal of State Services. The search process is identical, but you need to make sure that the correct region is selected, indicated at the top of the site.

When drawing up an application, you will need to attach digital copies of all documents that must be attached to the application. When the procedure for verifying the transmitted data is completed, the user will receive a writ of execution.

Execution of a court decision

When the court has made a decision on the need to assign alimony, the plaintiff receives a writ of execution, which is transferred to the bailiff service. On its basis, forced collection of funds from an adult child will be carried out.

How to apply for child support for an adult son or daughter?

In our country, many elderly and disabled people do not live, but survive. Pension and social benefits are so small that a person is not even able to support himself or have a decent rest, not to mention the need to undergo treatment and restore his health.

However, the saddest thing is not that the authorities have withdrawn themselves from helping those in need, but that the closest relatives - a son or daughter - refuse to help their parents financially.

Few parents decide to demand financial support from an adult, well-to-do child. Moreover, sue. And in vain! The legislator in this case is on the side of the disabled and low-income person, deprived of funds and assistance.

Today we will tell you how to apply for child support for adult children.

How to collect child support from adult children?

Alimony in favor of parents is money that is voluntarily or compulsorily withheld from adult children in favor of their parents in order to provide for their living needs. Funds can be collected voluntarily or compulsorily.

Indeed, the law obliges able-bodied and adult children to care for and financially help their disabled parents who need support.

It is better if such assistance is provided voluntarily, or at least through the execution of a notarized agreement on the payment of alimony.

Well, if an adult son or daughter refuses to support their parents, money can be recovered through the court.

An important feature of children’s financial obligations to their own parents is the establishment of alimony exclusively in a fixed amount. Courts generally impose monthly obligations. If the alimony payer and the recipient draw up a voluntary agreement, the frequency of payments can be changed (for example, install payments quarterly or annually).

In addition to monthly payments, you can collect money in a lump sum if exceptional circumstances arise (surgery, treatment or expensive rehabilitation is required).

If alimony is not paid, a debt is created, the amount of which is subject to a penalty. We described how to collect these penalties and file a claim in court in the article “Collection of alimony penalties (statement of claim).”

When can a parent file for child support?

Parents cannot always claim financial support from their own children. Article 87 of the RF IC provides for the conditions under which a father or mother can recover alimony from their adult child, namely:

• the parent (or both parents) is disabled and in need (retired, disabled group 1 and 2, requires expensive treatment, rehabilitation, etc.);
• the parent has always taken responsibility for his responsibilities in raising and providing for his son or daughter (including paying child support and preventing the formation of debt).

As we noted earlier, it is not at all necessary to initiate litigation on the issue of withholding alimony. If the relationship between relatives is friendly and warm, you can draw up and notarize an agreement on the voluntary payment of funds in favor of a needy father or mother.

What determines the amount of child support obligations?

• So, financial payments from a child in favor of their own parent can only be assigned in a fixed monetary amount. In this case, the following factors are taken into account:
• The degree of need of the recipient.

When establishing alimony payments for a retired parent (or an elderly needy parent), the following are first taken into account:

• the amount of pension, social assistance, other payments;
• the cost of living per person in the region of residence;
• availability of work, other financial income (or lack thereof);
• parent's health:
• whether the recipient of alimony has a disability, if the disability group has not been received, whether there are concomitant diseases that require large financial costs;
• monthly expenses for housing and other services.

Material capabilities and social status of the future alimony payer:

• an adult able-bodied son (or daughter) is working or not working;
• what age is the future payer, does he have work experience and length of service;
• salary levels at the place of employment.

Presence or absence of other dependents:

• whether there are minor children in the payer’s family;
• whether the payer’s spouse works, perhaps there is a pregnant spouse, and so on.

Voluntary payment of child support for a parent

As we said earlier, the parties can visit a notary's office and draw up an agreement on alimony payments. The document is signed voluntarily, so the potential alimony payer and alimony recipient must first agree on all issues related to...

• monthly payment amount;
• frequency of payments;
• timing of transferring money to support the parent, and so on.

Of course, a voluntary agreement is better than forced collection of alimony by a court decision, because...

• there are no conflicts or controversial issues between the parties;
• the problem of maintaining parents is resolved quickly, since there is no need for protracted legal proceedings and the intervention of outsiders in resolving these issues;
• the parties independently agree on the amount of funds to be paid;
• participants independently determine the frequency of payments (monthly, quarterly, annually), which cannot be done in court - by court decision, obligations must be repaid every month.

The alimony agreement has the legal force of an executive document.

This is an important argument in favor of the agreement, because alimony can be forcibly collected from the payer in case of failure to fulfill obligations.

The recipient of the alimony does not need to go to court and demand the collection of money - you can protect yourself from litigation and send the agreement directly to the enterprise where the payer is employed, or to a bailiff.

Before visiting a notary and drawing up an agreement, the parties - the future payer (child) and the recipient (parent) - must collect the following documents:

• civil passports of the persons who sign the agreement;
• birth certificate of the alimony payer (necessary to establish family ties);
• documents from the enterprise where the alimony payer is employed.

Collection of child support from a child to support a parent in court

If there is no mutual agreement between the parties on all key issues, the parent must contact the magistrate with a statement of claim to formalize child support payments.

Please note: you cannot go to court to issue a court order. Collection of alimony payments is carried out only through legal proceedings.

When collecting alimony from able-bodied adult children in favor of their parents, the following conditions are taken into account:

The application can be sent by registered mail with notification, or delivered in person to the court office, according to the rules of alternative jurisdiction - the plaintiff can file an application with the court at the defendant’s place of residence or at his own place of residence.

The plaintiff is exempt from paying state fees.

The claim must briefly state the facts that confirm:

• family ties between the applicant and the adult, able-bodied defendant;
• the applicant’s need (with reference to documents - the commission’s conclusion on the disability group, pension documents, a copy of the outpatient card, etc.).

The following documents must also be attached along with the claim:

• a copy of the applicant-claimant's passport;
• a copy of the birth certificate of the defendant (son or daughter), or documents establishing paternity;
• certificates that confirm the applicant’s difficult financial situation;
• medical certificates, documents confirming the disability group;
• a copy of the pension certificate;
• a receipt for the claimant’s expenses (payment for treatment, medicines, utilities, etc.).

The documents must be prepared in three copies (one for the judge, the second for the defendant, the third with a mark of receipt remains with the applicant).

It happens that a writ of execution is received, but is subsequently lost. We described in this article how to obtain a duplicate of it and restore the procedure for collecting funds.

Additional expenses for maintaining a parent

In addition to formalizing child support obligations from a daughter or son, a parent has every right to demand compensation for additional expenses that arise periodically. To do this, you must send a separate statement of claim to the court.

What circumstance gives parents the right to demand additional money from their own children? We are talking about the so-called life circumstances, these include:

• serious injury;
• expensive surgery or rehabilitation;
• payment for the services of a nurse, nurse or other third party (if special care is required);
• other situations in the event of which there is a need for additional financial costs.

Is it possible to legally not pay child support to a parent?

According to Art. 87 of the RF IC, able-bodied adult children may not participate in the financial support of their parents if the latter have shied away from their parental responsibilities related to the upbringing and maintenance of the child in previous years. Only the court can release you from alimony obligations.

Therefore, the child must prove that the parent has withdrawn himself from his upbringing and provision. Such evidence may include witness testimony, information from the department of guardianship and trusteeship (the parent was warned about the possibility of deprivation of rights to the child), documents from drug treatment or psychoneurological dispensaries about the registration of the parent, and so on.

If a parent is at one time deprived of parental rights, the court clearly releases the son or daughter from child support obligations.

It happens that the child’s father lived separately from his son or daughter and did not officially pay alimony because there was no agreement or court decision. You can file a claim and recover funds from an able-bodied adult child. At the same time, the court should be informed that the plaintiff actually participated in the maintenance of the children, money was transferred from hand to hand to their mother.

Of course, it is important for the judge to obtain documentary evidence of these circumstances. But in such a situation, it will not be easy for the defendant (that is, the child) to deny the presence of help from the parent in the past.

In the article “Can a father collect child support from his own child,” we talked more about in what cases the court will side with the child and release him from child support obligations towards his parents.

How to apply for child support for an adult son or daughter in 2023: procedure

The economic situation in the country is such that a large number of unemployed pensioners and disabled people are forced to deny themselves the essentials. The money that the state allocates for payments to these categories of citizens is barely enough for food and medicine. In this regard, legislators provided old people with the opportunity to apply for alimony for an adult son or daughter.

Grounds for registration of alimony maintenance

Adult children should provide financial support to their elderly parents. Financial assistance can be provided voluntarily or compulsorily.

If able-bodied children agree to financially support their parents, a written agreement to pay child support should be drawn up. The document records the amount of alimony and the frequency of its payment. The agreement must be certified by a notary. If the payment procedure is violated, recipients of alimony payments have the right to go to court.

If adult offspring refuse to provide financial assistance to their parents, they should go to court. It is recommended for a disabled mother (father) to use a compulsory procedure for collecting alimony when the following circumstances occur:

1. An elderly parent has reached retirement age and is not working or has registered as disabled. Each fact must be documented.
2. At the court hearing, the claimant will need to prove his need. Calculations of income and expenses should be provided. If the income level does not reach the subsistence level in the subject, then the plaintiff is recognized as needy. To confirm expenses, you must present receipts for the purchase of food products, medicines, receipts for utility bills, contracts and other documentation of receipt of medical services, and so on.
3. A parent who has not restored parental rights or has not been deprived of them can apply for payment of child support.
4. The parent fulfilled his obligations towards the children until they came of age.
5. Children must be able-bodied and of legal age.
6. The parties did not formalize an agreement on the payment of alimony.

Compulsory procedure for collecting alimony

The procedure for forced collection of alimony involves going to court. The claim is filed in the magistrate's court at the place of residence of the plaintiff or defendant.

Documentation can be submitted to the court in the following ways:

• the plaintiff can personally bring documents;
• send your representative with a notarized power of attorney;
• the claim with documentation can be sent to the court by mail with notification of receipt.

Filing a claim

Elderly parents can write a statement to the court themselves or use the services of lawyers. When writing a claim yourself, you should adhere to the following recommendations:

• on the right side of the A4 sheet, the name of the court, full name and place of residence of the plaintiff and defendant are indicated;
• the middle part of the sheet should contain the title: “Statement of Claim for the Recovery of Child Support”;
• in the “body” of the claim, the status of the plaintiff (non-working pensioner or disabled person) is indicated, to confirm need, an estimate of the claimant’s income and expenses is provided, and information about the lack of financial support from children is also indicated;
• further reflects the fact of the absence of an alimony agreement and references to legislative standards confirming the legality of the plaintiff’s claims;
• the amount of alimony payments (with calculation), the method and frequency of their receipt are indicated;
• request to the court to collect from adult children (child) a certain amount as alimony for an elderly parent;
• Below is a list of documentation attached to the claim;
• The claim ends with the date of writing and the signature of the applicant.

Documentation package for the claim

In order for a claim to be accepted for consideration, it must be supported by the following package of official papers:

• the applicant's civil passport;
• the defendant's birth certificate;
• pensioner's certificate;
• MSEC statement on assignment of a disability group;
• a certificate of the amount of pension payments for old age or disability;
• work book;
• calculation of income and expenses;
• copies of the claim in accordance with the number of defendants.

Let's sum it up

If the claim is successful, the applicant will be issued a court decision. You need to take him to the bailiffs. Based on the decision, enforcement proceedings will be opened against the defendant to withhold and transfer alimony in favor of the plaintiff.

When using a forced procedure for collecting alimony, it is worth keeping in mind that the court will divide the obligation to pay alimony among all adult, able-bodied children. This rule also applies to cases where the claim names one defendant.