Can a father file for child support?

In accordance with the Family Code and the rights of citizens in Russia, the most vulnerable category of residents of the country needs protection. These include financially vulnerable categories of citizens: minors, as well as adults who, for some reason, have lost their ability to work.

Children, after the divorce of spouses, must be provided by one of the parents with compulsory financial assistance. The degree of decency and timeliness of payments affects not only the level of provision of decent living conditions for the child, but also the payer himself, who has reached the age of incapacity or has lost the ability to work.

Alimony: the essence of the phenomenon

After all, having reached adulthood, in accordance with domestic legislation, children are obliged, in the event of their father or mother losing their ability to work, to provide them with acceptable living conditions. However, this issue has its own nuances . We will discuss below whether a parent can file for child support if he has not paid himself.

The term is of Latin origin: alimentum corresponds to the Russian word for “nutrition”. In domestic legislation, alimony refers to the financial resources necessary to ensure an adequate level of maintenance for a minor after the breakdown of family ties on the part of one of the spouses.

The law also provides for the possibility of accruing payments to the father or mother of adult children in the event of their recognition as incapacitated. In legal practice, there is the concept of voluntary and forced collection of mandatory payments.

In accordance with Articles 13 and 14 of the Family Code of Russia, the following have the right to provide additional funds:

minors;
women during pregnancy, if the child is common, and during the next three years of the minor’s life;
a parent raising a child recognized as disabled;
persons who have reached the age of majority, but are recognized as incompetent or disabled;
one of the spouses who has legally received the status of disabled person.

Does a father have the right to file for child support if he himself did not pay?

The father can file a claim in court, where it is subject to consideration in relation to all adult and able-bodied children whose relationship has been proven.

Domestic legislation stipulates the responsibilities of children who have reached the age of majority to support their needy parents. (RF IC, art. 87). Moreover, the right to collect funds can be used by those who are legally recognized as disabled (group I, II), incapacitated or poor.

If the spouse has reached retirement age and has a pension, then he receives the right to be called disabled. His claim may be satisfied after consideration of the case in the courts.

Mandatory financial support for the father: conditions

The spouse who left the child in the care of the second parent, according to the Family Code, has the right to apply to the court with a demand to collect alimony for his own maintenance from the adult child.

He can count on the satisfaction of the claim provided that:

the legality of recognizing the fact of his disability;
proven need for additional financial assistance;
the child is 18 years old and is recognized as having legal capacity;
the adult is well-off, which allows him to provide his father with a decent level of financial assistance.

Can a father file for child support if he hasn’t paid it himself? There are legal grounds for filing a claim.

For example, a father or mother can receive help from their children if they do not have property and additional income that allows them to live without financial problems.

Exemption from paying alimony to the father: conditions

Adult children are exempt from fulfilling financial obligations to support a disabled father and mother in accordance with the Family Code of the Russian Federation (clause 5, article 87). The condition for canceling the obligations of children is their appeal to the courts.

Evasion or untimely payment of alimony, as well as a criminal record for failure to fulfill financial obligations to a child, are conditions that make it possible to deprive parents of the opportunity to file claims for the collection of funds.
Evidence for the court can include certificates of arrears in payments, documents on search or criminal record (Article 157 of the Criminal Code of the Russian Federation)
Another condition that allows you to be released from financial obligations is proof of deprivation of parental rights by the plaintiff through the court.

How to deprive a father of the opportunity to receive child support

Can a father file for child support if he has not paid child support? The response from lawyers is almost always positive. However, there are ways to prevent a plaintiff from receiving benefits from children.

According to the court decision, the plaintiff is deprived of access to additional payments from children if:

he was deprived of parental rights;
the rights he lost were not restored at the time of filing the claim;
there is evidence of his evasion of parental responsibilities.

If, nevertheless, the rights to collect alimony are real, then they should be formalized and notarized in the format of a written agreement, or go to court with a claim.

Thanks to the agreement, the parties save themselves from litigation and independently negotiate the amount of payments without additional costs for legal services.

Conclusion

The law allows 30 days for the application to be considered in court in the presence of both parties. A consideration of all the circumstances of the case is required (rights, needs of parents, family and financial situation of children, relationship between the parties, etc.).

Ultimately, the court can make either a negative or a positive decision, but taking into account all the circumstances of the case considered.

Is it possible to apply for alimony for yourself: how an ex-husband or biological father of a child can go to court to assign assistance to the child in the form of alimony

This article talks about the mechanisms for independent deduction of alimony payments by the father or mother of the child, in the absence of a court decision on the assignment of payments. How to fulfill a parent's legal obligation to support a child when the other parent does not want to.

According to Art. 80 of the Family Code of the Russian Federation, parents are obliged to support their minor children. The procedure and form for providing maintenance are chosen by parents independently. As long as the couple is married or has a joint household, problems with this usually do not arise. But if the parents separate, the child remains with one of them. In this case, the second party must fulfill its obligations to support the son or daughter by regularly making alimony payments to them. And here controversial situations may arise.

Payment of alimony by the father regardless of the wishes of the other party: when it is necessary

In Russia, in most cases, children after a divorce remain with their mother. The responsibility for alimony payments falls on men - by voluntary agreement of the parties, or in court. Further we will consider the problem from this angle. Although everything said below is also relevant for the opposite situation - the child remains with the father, and the mother wants to assume child support obligations.

The father may have the intention to file for alimony for himself if he wants to fulfill his obligations to support the child and wants to receive evidence of the fulfillment of these obligations.

Here are some examples of such situations: Can a father file for child support?

After a divorce, the relationship between the spouses is so damaged that the mother does not want to have any contact with the child’s father, including receiving financial assistance.
The parents were not married at the time of the child's birth. A woman is officially considered a single mother, which prevents a man from legally paying alimony.
The agreement to pay alimony was concluded verbally. A man, when allocating sums of money, does not receive any receipts or other evidence of their acceptance from the woman.
After a divorce, a child does not live with his mother, but with one of his relatives who cannot apply for alimony because they are not legal guardians. A man can allocate money to support this child, but, again, he will not receive any evidence of this.
A woman asks for more child support per month than the court would establish, and such a situation is unfavorable for a man.

How can a husband pay alimony when the other party does not want to accept it?

Current legislation does not allow a citizen to sue himself. The child's father can accept child support obligations only voluntarily, or as a result of legal proceedings initiated by his ex-wife. However, there are several ways to regulate your own child support payments, and even make them without the woman’s consent.

Bank account

The simplest solution to the problem is to submit an application to the employer’s accounting department with a request for a monthly deduction of a certain percentage of the salary to a bank account as alimony payments. An account can be opened:

in the name of the mother - in this case she must provide her ex-husband with the necessary details;
in the name of a child - a man can open such an account on his own, but the child will only gain access to the money upon reaching adulthood.

Notarial agreement

If parents are able to communicate with each other after a divorce, they can enter into a voluntary agreement on child support. This document is drawn up by a notary and certified by him in the presence of both parties to the agreement.

The document must indicate:

amount of payments (not less than established by law);
frequency of their application;
payment deadlines;
procedure for transferring funds.

In the future, if the situation changes (for example, a change in a man’s earnings, a child’s illness requiring additional expenses, etc.), changes can be made to the agreement. But this is done only in a notarial manner, and only with the consent of both parents.

Lawsuit

A man's appeal to the courts is possible only in two cases.

The man is not officially the father of the children, but wants to allocate funds for their maintenance. Here you can file a claim to establish paternity, which, among other things, will result in the imposition of child support obligations on the man.
The parents entered into a notarized agreement on alimony, but the woman does not fulfill it properly (asks for more money than indicated in the document, has limited access to the account to which payments are made, does not provide receipts when receiving money in cash, etc.). In this case, the man can sue his ex-wife and force her to fulfill the agreement.

Submitting documents to court

A citizen has no right to file a lawsuit for alimony against himself, since he cannot simultaneously act as both a plaintiff and a defendant. However, in addition to parents, guardianship authorities also have the right to demand alimony.

According to paragraph 3 of Article 80 of the Family Code of the Russian Federation, in the absence of an agreement between the parents on the payment of alimony, in the absence of provision of maintenance to minor children and in the failure to file a claim in court, the guardianship and trusteeship authority has the right to file a claim for the recovery of alimony for minor children against their parents (one of them ).

Thus, a father who wants to fulfill his obligations to support the child can contact the guardianship authorities at the place of his registration.

Having explained the situation to a social worker, a man may well have a claim filed against him, especially if he does not have any evidence of payments made previously on a voluntary basis.

The procedure for collecting and paying alimony in the future

Child support payments must continue until the child turns 18 years old. However, in 2018, a draft law on changes to the family code was submitted to the State Duma for consideration.

According to it, the terms of payments are proposed to be extended to 24 years, provided that the child is undergoing full-time education at any educational institution.

The law proposes to cancel maintenance only for the period of academic leave, but after its end, payments should resume.

A citizen cannot sue for alimony for himself. If he intends to officially fulfill his alimony obligations, he must either enter into a notarized agreement on payments with the child’s mother, or act through the guardianship authorities. The latter have the right to initiate legal proceedings against any of the child’s parents, provided that there is no evidence that they have been provided with maintenance.

Can a father file for child support for his daughter or son?

Family legislation of the Russian Federation always stands up for the protection of citizens in need - the least financially secure and unable to earn money on their own. First of all, this applies to minors, especially if they have a disability.

Can a father file for child support for his son or daughter if he is unable to work?

It all depends on how well he himself, at one time, fulfilled his responsibility for the financial support of the children. However, it is worth considering all possible situations.

Basic conditions for receiving money for maintenance

Art. 87 of the Family Code of the Russian Federation establishes that children over 18 years of age are obliged to pay alimony to parents who need it.

The legislator uses the word “obligated” and not any other. It is very important. Just as the law obliges parents to deduct money from their income in favor of the child, children are required to pay living expenses to needy parents. But not all children and not all parents.

Analyzing Part 1 of the above article, we can name the main conditions under which payments are possible:

Disability. That is, the father can demand support from the children only when he has lost his ability to work: he has become a pensioner or disabled. If the father is at the very dawn of his strength, but has lost his job, then he has no reason to make alimony claims against his son or daughter.
Neediness. Not every pensioner has the opportunity to ask for alimony to support himself. You will have to prove that the pension paid by the state is not enough to live on. It’s easier, of course, for disabled people to do this. Many of them actually have very large and regular expenses associated with purchasing medications, undergoing courses of therapy, etc. But old-age pensioners sometimes receive a very high pension - more than the salary of their children.
The children have reached adulthood. A father can make some demands on children after 18 years of age. Obviously, asking minors for financial support is stupid.
Children are able to work. Let us emphasize once again: ability to work does not mean the fact of having a job, but the ability to carry out work activities. That is, you cannot demand help from disabled adults. They themselves need financial support - the RF IC also talks about this.
Children are able to pay child support to their father. By this we must mean that they have a high enough level of income to pay a portion to their parent. It is correct that such a condition exists in the legislation. A son or daughter should not, at least according to the law, give his last money to pay alimony to his father.

So, the general conditions for the emergence of child support obligations in relation to his parent have been determined.

Payment processing procedure

Part 2 Art. 87 of the RF IC establishes how a parent can receive money from a child if he wants it. There are two types of recovery:

voluntary;
forced.

In the first case, the parties can enter into an agreement similar to that entered into by the parents of a minor, when payments are required to be made in his interests.

That is, father and son need to come to a notary and sign the corresponding document. In principle, you don’t have to sign any papers at all. But in this case, all agreements will be based on word of honor.

And this is unacceptable in legal matters.

If the father wants to apply for child support, he can do this by contacting the judicial authority. But, when a father demands alimony from an adult child, he must understand that he will have to prove all the circumstances indicated above: about his disability and neediness, about the security of his son or daughter, etc. The court doesn't take anyone's word for it.

If the judge considers that the father is justifiably demanding payments, then it will be necessary to determine the amount that will have to be withheld from the child’s funds. This issue is regulated by parts 3 and 4 of the already mentioned several times article of the RF IC. What do they say?

Alimony is collected in a fixed amount of money. That is, no shares of the income of an adult son or daughter are established or charged. The court sets a certain amount of payments, which can be indexed or changed if circumstances change significantly.
The financial situation of each party is taken into account. It’s one thing when a parent receives a modest pension, and a son is a top manager at an oil company. Another is when the son receives a salary equal to the minimum wage.
Payments are made monthly. It is logical that a disabled father needs money regularly, at frequent intervals.

In addition, if the father filed for child support, the court must determine from whom he is demanding payments. Options:

from all children;
from some;
from one child.

This also affects the amount of funds withheld. For example, if a claim is made against all children, then a small amount can be withheld from each. If three children “chip in” 3-3.5 thousand rubles each, then an amount will already be collected that is equal to or even exceeds the subsistence level.

But if the claim is brought against one child, then the court may underestimate the amount of payments, following the following logic: the obligation to help the father is assigned by law to each child, if the claim is brought against one of them, then why should the others stand aside.

Of course, the financial status of each child is taken into account. In a word, each case is unique. It is not so easy to summarize all possible ones.

Can a father file for child support if he didn’t pay it himself?

Do children have the right not to fulfill their obligation to support their father? The RF IC provides for such cases for 2017.

Firstly, if a son or daughter wants to evade the obligation imposed on them by law to pay money to their father, then the court may allow them to do this for the following reason: the father evaded the obligation to support the children when they were minors.

It turns out, in the end, that he did not pay child support for himself. But there is a phrase in the law: “the court can.” Consequently, sons and daughters are not automatically exempt from the above obligation. The judge must find out all the nuances of a specific relationship and either refuse the claim or satisfy the plaintiff’s demands, despite the fact that he did not pay the children any money at the time.

In addition, the RF IC clearly indicates that exemption from the obligation to support the father can only be carried out if he has evaded payments.

More often there is another situation: the mother and father divorced. Dad didn’t pay money in the interests of the children, and mom didn’t demand it, firstly, because she herself earned good money, and secondly, she didn’t want to communicate with the father. Years passed, my father retired and realized that he did not have enough money. He filed a lawsuit.

But the ex-wife, harboring a grudge, acted as a witness on the side of the defendants. She stated that the father was useless and did not support the children. The court, however, upheld the claim because it did not establish the fact of evasion of payments.

Thus, one should distinguish between situations when a person did not pay because he was not asked, and when he did not pay, although he was asked.

There is only one case when a father cannot demand that his son or daughter pay funds for his support: deprivation of paternity. The “former” father cannot demand money from persons who were once considered his children. In addition, he cannot register an inheritance after them. But the children will be the heirs of such a father, and, if necessary, they can demand alimony.

Can a father apply for child support for his son or daughter after 18 years of age?

The country's Family Code, namely Article 87, clearly establishes whether the father can file for alimony and whether it is possible to collect alimony in favor of the parents. The law states that children who have reached the age of majority are required by law to support their needy, incapacitated parents.

The law uses the concept “obligated”. The process is two-way - parents are obliged to pay part of their income for the maintenance of a young child, in turn, children are obliged to pay part of their income to their parents. But this rule does not always apply; there are many exceptions.

Under what conditions can a father demand child support?

Part 1 of Article 87 of the Insurance Code says that you can apply for alimony to your father in a number of cases:

He is disabled . A person in the prime of life who does not want to work for any reason has no right to demand funds for his maintenance from his working daughter or son. The father applies for alimony after becoming a pensioner or becoming disabled;
There is a need for financial support . First, the pensioner will need to collect evidence of his difficult financial situation, which clearly shows that the state pension he receives is not enough to live on. Court decisions are often made in favor of people with disabilities - they really incur high expenses for the purchase of medications, so they simply need the help of children;
Children are already 18 years old . The state does not give anyone the right to ask for support from a minor child;
Children are able to work . At this point, it is worth paying attention to the fact of real ability to work, and not the presence of an official place of work. Similarly, it will not be possible to demand financial support from children with disabilities;
Do the child’s finances allow him to pay child support to the father ? In other words, is the income level of the son or daughter high enough to allocate a portion of the amount to the monthly maintenance of the father. The court will not be able to oblige you to give the last money as alimony.

These are the general conditions on the basis of which a father will be able to demand child support from his children. There are other nuances that make such demands unfounded.

When does a father have no right to demand child support?

Children have the right not to support their father. According to the Family Code, this is possible if at one time the father avoided supporting children under age.

The law does not give the right to file for child support for a daughter or son after 18 years of age if he himself has not paid it.

In practice, this means that if the father abandoned the family, did not take part in the lives of the children and did not support them financially, he will not receive alimony for his maintenance in the future. But such a relationship will need to be proven. As evidence of correctness, children can use:

Testimony of bailiffs who were involved in collecting alimony debt;
Testimony from neighbors or family members;
Writs of execution, which indicate the amount of alimony debt outstanding by the father.

Important! The answer to the question whether a father deprived of parental rights can apply for child support is a categorical no .

After deprivation of parental rights, the father is no longer responsible for raising and maintaining the child. Consequently, he has no right to demand similar financial support for himself in old age. There is simply no legal basis for preparing a lawsuit.

Filing a claim: documents

To oblige his able-bodied child to pay child support, the father needs to go to court. The first step towards this is preparing a statement of claim and collecting documents. The claim must contain the following details:

Name of the court;
Full name and contact information of the defendant and plaintiff;
A detailed description of the circumstances of the case and a statement of your justified requirements;
The status of the parent (retired, disabled, etc.) is specified separately, on the basis of which he is included in the category of those in need;
At the end, a list of documents and attached evidence is drawn up, dated and signed.

The documents you will need are:

A copy of the plaintiff’s passport, his pension certificate or disability certificate;
A copy of the defendant's birth certificate;
A statement of the amount of benefits or pension received, plus financial calculations. You need to prepare a small report on how much money your father needs for living monthly.

The claim is submitted personally by the plaintiff or a person acting on his behalf on the basis of a power of attorney. It is allowed to send documents by Russian Post by registered mail with a description of the attachment.

Arbitrage practice

Thus, a father can apply for child support from his adult children, provided that the children are able to work. If he is deprived of paternal rights and did not support children until adulthood, he loses this right.

Alimony for the father may be denied if his incapacity for work is due to a tendency towards alcoholism or other addictions. It is advisable to obtain legal advice in each specific case.

Collection of alimony in favor of parents: can a father sue his son or daughter? Reasons, procedure

Each parent has a legal obligation to support their children. In the event of divorce, the obligations remain in force, and alimony is awarded to one of the parents. The same thing can happen with the usual evasion of child support.

However, most people imagine the child’s father as the child support provider. And if you find yourself in a situation where the mother of the children must be the payer of alimony, a person may simply be confused.

Can a parent demand child support payments?

According to statistics, mothers are much less likely to pay child support. But since each parent has the same responsibilities towards their child, regardless of whether it is the mother or the father, everyone can apply for child support if necessary.

On my own

In fact, not a single person can file for alimony on his own, since this issue is considered in court and filing for alimony against himself is almost equivalent to filing a lawsuit against himself. Nevertheless, the possibility of creating alimony obligations exists - signing a voluntary agreement.

On a note. If both parents reach agreement on all aspects, then with the help of a notary this agreement can be certified, and in the future the father will have the necessary child support obligations to his child.

Read more about what a notarial agreement on the payment of alimony is here, and about the rules and nuances of its execution, read in this material.

From your son or daughter

In addition to the obligations of parents to support children, there are also the opposite ones - children are obliged to support their incapacitated parents (but only upon reaching the age of majority), as specified in Article 87 of the Family Code of the Russian Federation. Not only the mother, but also the father can apply for child support for their own child. And for this there are certain conditions:

The parent must be related by blood to the children. And there must be documentary evidence of this. First of all, this concerns the father, because the mother will be registered in the child’s birth certificate in any case.
The child has not only reached adulthood, but is also able to work.
The parent has reached retirement age or is disabled of group 1 or 2.
The parent was not deprived of parental rights, and he did not shirk his responsibilities towards the child.

Is he entitled to a salary if he has not paid?

If the father did not pay child support, then this either directly means that he evaded his parental obligations, or child support was not assigned at all. Article 87 of the RF IC explains that if it is proven that parents evaded their obligations, then their children may be released from their maintenance.

Therefore, if the father did not pay alimony, but it was assigned to him, then he will be deprived of the right to demand alimony from his child. If he did not pay alimony due to the fact that it was not assigned, then the opportunity to file for child support will exist.

Is it possible for an ex-husband to demand recovery from his wife and in what cases?

Like the mother, the father has the right to file for alimony if the children remain with him during the divorce. To collect alimony, either an appropriate court decision or a voluntary agreement will be required. The amount of alimony paid depends on the number of children, as described in Article 81 of the RF IC.

Attention! The amount of payments may be reduced if the court considers that the mother’s financial or marital status prevents payment of the required amount.

Also, the birth of another child by the mother can contribute to a reduction in child support. In addition, it is worth paying attention to the situation when, during a divorce, each of the parents is left with children - then the court will order payments in favor of the needier party.

Article 81 of the RF IC. The amount of alimony collected from minor children in court

In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents.
The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.

How to collect them from the mother/wife?

The father will have to arrange child support in one of two ways:

Concluding a voluntary agreement with your ex-wife. If she agrees to pay alimony in the required amount and order, then the two of them can contact a notary to draw up and notarize the agreement. This agreement has the same legal force as a writ of execution. And this will help avoid evasion of payments on the part of the mother.
If an agreement cannot be reached, then the father needs to go to court. If you win in court, the corresponding decision to collect alimony is sent to the bailiff service. They will be responsible for collecting child support from the mother. However, the mother, in turn, has the opportunity to appeal the court's decision.

The claim can be considered by two courts:

World Court. He considers simple cases involving the collection of alimony. If other family aspects do not appear in the case, then you need to apply here.
District Court . If there are other questions, for example, about the place of residence of the children, then the case goes to the district court. You should also contact us here if, in addition to collecting alimony, there is a need to establish paternity.

On a note. The plaintiff can go to court both at the place of his own residence and at the place of residence of the defendant.

When filing a claim, you will need to collect the following documents:

Copies of passports of the plaintiff and defendant.
Copies of children's birth certificates and marriage/divorce certificates.
Certificate of family composition. It can be obtained from the housing maintenance company at the place of registration. If the mother lives separately, the certificate must also be obtained at her place of residence, and you may have to draw up a corresponding application for this. If there is no information about the defendant's address, a petition must be filed to establish the place of his current residence.
Calculation of the amount of alimony with justification. The amount of child support must be supported by evidence of expenses for the child - checks, receipts, receipts, etc.

In addition to the documents, it is necessary to prepare the statement of claim itself. In accordance with the requirements specified in Article 131 of the Code of Civil Procedure of the Russian Federation, the application must indicate the following:

Name of the court.
Full name of each party and their address details.
The very requirement to collect alimony and the rationale for its legality.
Evidence in the case.
Required amount of alimony.
List of attached documents.

We previously talked about how such a statement of claim is drawn up if the mother demands alimony from the father to support herself and the child.

In the future, child support can be deducted directly from the mother’s salary - her employer will automatically transfer it to the recipient’s account. If there is no or insufficient income, alimony can be collected directly from the mother’s bank account, as well as her property.

Applying for a son/daughter

The statement of claim is drawn up indicating the following information:

Name of the court.
Full name and contact information of the plaintiff and defendant.
Description of the circumstances. The status of the parent is indicated (reaching retirement age or disability), his need is justified with the calculation of income/expenses, and evidence of the lack of financial assistance from the adult child is also indicated.
Calculation of the amount of alimony.
A formulated demand for the collection of child support from an adult child.
List of attached documents.
Date of compilation and signature.

The following documents must be attached:

Copies of the plaintiff's passport and the defendant's birth certificate.
Pension certificate or disability certificate.
Certificate of the amount of disability benefits or pension received.
Employment history.
Calculations of income and expenses.

A claim is filed in the magistrate's court. It is filed either at the place of residence of the plaintiff or at the place of registration of the defendant - your choice. The claim can be filed either personally by the plaintiff or by his representative with the appropriate power of attorney. You can also send everything using registered mail, with a written inventory of all contents.

If the court's decision is positive, the plaintiff will be issued a writ of execution, which will need to be sent to the bailiff service. They, in turn, will begin to collect alimony from the defendant.

The father has equal rights and responsibilities with the mother in relation to his child. And if the mother has stopped investing in the maintenance of her offspring, the father has every right to file for alimony. But you should remember that you can reach a mutual agreement on alimony and have it certified by a notary in order to avoid litigation.

It is also possible to apply for child support for your adult and able-bodied child if the parent has become a pensioner or disabled and has not shied away from parental obligations - regularly supported his child or paid child support on time.

Can a father apply for alimony for his daughter - after 18 years of age, if he himself did not pay alimony, for a disabled person, if she does not work, if he has another family, if the mother did not apply for alimony

In accordance with current legislation, there are not only moral principles regarding support for parents in need, but also rules that have a legal basis. Let's figure out on what basis a father can demand financial support from his daughter.

Legal aspect

According to Article 87 of the Family Code, able-bodied children who have reached the age of majority are obliged to support their parents.

Parents to whom the following concepts apply are entitled to receive financial support:

incapacity for work resulting from reaching retirement age or disability;
need for help, that is, the inability to ensure one’s existence on one’s own.

If there is no agreement on the payment of alimony, parents have the right to seek financial support through the court. The amount of alimony that will be determined depends on the financial and marital status of the parties, as well as other important circumstances.

In addition, the amount of alimony is determined in a fixed amount, and the court must take into account all the parent’s adult and able-bodied children.

Current legislation provides for exemption from the obligation to help a parent if he does not have parental rights.

Can a father file for child support?

A disabled and needy father has the right to demand financial assistance from his daughter. However, for this to happen, other conditions must be met, which we will discuss later.

After 18 years

Paragraph 1 of Article 87 of the RF IC states that a parent who is unable to work and in need has the right to demand alimony only if his child has reached the age of majority.

Minor children are not financially independent citizens, therefore they cannot have the obligation to support anyone.

For a disabled person

In addition to the child’s age, the above paragraph of the Family Code also talks about ability to work. Thus, a parent can make demands only if both conditions are met, that is, the following occurs:

The child's age of majority;
His ability to work.

If a child is disabled, he has the right to refuse to help his father.

If you haven't paid child support yourself

According to paragraph 5 of Article 87 of the RF IC , persons who evaded the provision of financial assistance are deprived of the right to support from their children . However, this fact must be proven in court by providing relevant documents, for example:

court decisions;
writs of execution.

If it doesn't work

According to paragraph 1 of Article 87 of the RF IC, children who are obliged to provide for their parents must be able-bodied, that is, have the strength to provide for themselves. Lack of work does not mean lack of ability to work, so if a daughter does not work, this does not mean that she should not help her needy and disabled parent .

If he has another family

The presence of another family from a father who is planning to file for alimony for his daughter brings its own characteristics to the procedure for determining alimony. According to paragraph 4 of Article 87 of the RF IC, when determining the amount of financial assistance, the court must take into account all children who are able to work and have reached the age of 18.

If the mother did not file for child support

If the parent living with the child did not try to collect alimony from the second parent, the latter is not deprived of the right, in turn, to receive alimony from the child.

The only condition under which a parent can lose the right to alimony is his evasion of supporting the child. In other words, a father’s irresponsible attitude towards his daughter must have documentary evidence.

Question answer

Question: Hello, I am divorced from my husband and am raising our common daughter alone. I did not apply for alimony, and my husband, in turn, did not take part in raising us and did not help us financially. Will he be able to file for child support for our daughter after she turns 18?

Lawyer's answer: Collecting alimony from your ex-spouse is your right, which you can use at your own discretion. However, your ex-husband's irresponsibility does not deprive him of the right to child support if the following conditions are met:

he is disabled and in need;
The daughter is of age and able to work.

However, current legislation provides for circumstances under which a parent may lose the right to financial support from children:

Evasion of parental responsibilities must be documented, for example, on the basis of certificates of arrears of alimony, writs of execution and orders of bailiffs.

In your case, you are not able to provide such evidence, because you did not try to collect alimony from him for the maintenance of your daughter. Consequently, your ex-husband will be able to obtain alimony through the court.

Question: Good afternoon, I divorced my husband when our daughter was five years old. Now she is 17 and during all this time her ex-husband has never helped us. Litigation and appeals to bailiffs yielded almost no results. Will he be able to claim child support from my daughter in a year when she turns 18?

Lawyer's answer: Article 87 of the Family Code determines that children may refuse to provide assistance to their parents if the latter have not fulfilled their parental obligations and this will be established by the court.

In your case, your husband will not be able to obtain financial support through the court, because you have strong evidence of his evasion from providing for your common daughter (certificate of arrears of alimony, writs of execution).

Question: I raised my son alone and I am divorced from his father. My son is 22 years old and he is disabled group I. Naturally, there can be no talk of any work. Will my retired husband be able to get alimony from my son?

Lawyer's answer: The first paragraph of Article 87 of the Family Code determines that able-bodied children who have reached the age of 18 must help financially their disabled parents in need.

In your case, only one condition is met - your husband is retired and disabled. Your son is a disabled person of the first group and is also incapacitated, therefore, he is not required to pay child support.

Question: My adult daughter is currently not working and is on maternity leave. Her father, my ex-husband, is currently retired.

In a conversation with him, I realized that he was going to file for alimony against my daughter because he was experiencing financial difficulties. At one time, he regularly paid alimony to his daughter and now wants to demand the same from her.

Will he be able to get money for his maintenance through the court?

Lawyer's answer: Currently, your daughter is not working and is on maternity leave for up to 1.5 years. In other words, she is temporarily disabled, so at present your ex-husband will not be able to obtain payments for his maintenance, according to the Family Code.

However, after your daughter returns from maternity leave, there will be no reason to refuse her father. However, everything will be decided by the court, based on the materials of the case. The disability of your ex-husband and his need must be established. In addition, your daughter’s financial situation and the presence of a dependent young child will be taken into account.