Alimony for a disabled child after 18 years of age

The parent's obligation to pay child support usually ends when the child reaches 18 years of age. But if he has a disability, then, subject to a number of circumstances, payments should continue.

Features of alimony for disabled people

Article 80 of the Russian Family Code states that parents are obliged to support their children until they reach legal capacity, even in the event of family breakdown.

If a parent living separately does not provide child support voluntarily, it can be sought in court.

Once the child reaches 18 years of age (or 16 years of age and subsequent emancipation), the payment stops.

But there is an exception to this rule. Article 85 of the Family Code states that if an adult child is disabled, then the parents are still obliged to support him. Child support for a disabled child after 18 years of age ceases to be paid only if the disability is removed, but can last for life.

If a parent refuses to pay child support voluntarily, the other party or the child himself may sue to force the collection of funds. The fact that a disabled person receives a pension or any benefit is not a reason to stop paying alimony from parents, but a reason to reduce their amount.

In accordance with the Family Code, disabled persons entitled to receive alimony even after reaching 18 years of age include:

• Disabled people of any group;
• Disabled children;
• Persons who have reached retirement age.

• Disabled people of groups 1 and 2 are entitled to alimony by default, since they are completely disabled in accordance with current legislation.
• Video on the topic:
• Group 3 disabled people must indicate that they need financial assistance and cannot provide for themselves. A disabled person must prove in court:

• That he cannot get a job due to his disability;
• His income is not enough to meet basic needs.

If the claim is successful, the payment will continue until the disability is lifted or the alimony payer proves that his child no longer needs support.

Disability group	Alimony payment period
I	Lifelong, since such a person is definitely not capable of supporting himself
II	Until the disability is removed or the person is recognized as disabled, he is limited to working capacity.
III	Until the disability is lifted and the person is recognized as fully able to work

Grounds and reasons

You can apply for alimony:

• A guardian appointed to look after a disabled adult (usually a parent or close relative);
• The child himself on his own behalf, if he is recognized as capable.

1. In any case, after reaching the age of 18, the child or his representative must go to court or draw up a new agreement with the parent on the payment of alimony, since previous decisions and agreements cease to apply automatically after the recipient of the funds reaches the age of majority.
2. If alimony was paid to the mother, then you do not have to apply for it again, since her status has not changed.
3. The basis for receiving alimony is the inability of a disabled person to support himself for the following reasons:

• A disabled person cannot get a job (must be confirmed with certificates from the Employment Center);
• Having a job does not solve the problem of lack of necessary funds;
• A disabled person requires expensive treatment.

The court itself decides what reasons it considers sufficient to assign alimony payments; there is no clear judicial practice on this issue. In any case, when making a decision, the court relies on the Family Code, namely Article 91, as well as Resolution of the Supreme Court No. 56 of December 26, 2017, regulating controversial issues regarding the assignment of alimony.

If the disabled person is incapacitated, then the decision is clearly applied in his favor. The presence of disability groups 1 and 2 also guarantees the assignment of payments.

If the applicant is a disabled person of group 3 and is recognized as having limited ability to work, then the court will take into account:

• His income and ability to get a job;
• Financial situation;
• The need for expensive treatment;
• Family status;
• Financial condition of the payer.

How is the size of transfers determined?

As established by Articles 81 and 83 of the Family Code of Russia, alimony for children under 18 years of age is collected either as a certain percentage of the payer’s salary, or as a fixed amount.

If the payment is made to an adult disabled person, then it is assigned only as a specific amount, and not as a percentage of income. This applies to all cases - both when the parents came to a common opinion and entered into an appropriate agreement, and when the payment is ordered by a court decision.

When the parties agree on their own, the amount of alimony can be set to any amount. If the decision is made by the court, it takes into account the following points:

• Financial and marital status of both parties;
• Is the disabled person employed and what income does he receive?
• What is the amount of pension, social benefits and other payments;
• What are the real financial needs of a disabled person;
• Does the child require serious medical treatment and expensive medications?

If a child is seriously ill, then, in accordance with Article 86 of the Family Code, the alimony payer is obliged to provide him with additional financial assistance. This also applies to cases where the child has reached the age of 18, but is disabled of any group.

The plaintiff (the disabled person himself or the guardian) can recover funds from the defendant in the form of compensation after the acute need for money has passed, for example, after an operation. The law allows this. In addition, you may require additional funds for postoperative rehabilitation and disease prevention.

If the health status of a disabled person has changed, then on the basis of Article 119 of the Family Code of the Russian Federation, the amount of alimony payments can be increased or decreased. This is done voluntarily or through the courts.

The reasons for increasing alimony are:

• Sharp progression of the disease or the appearance of complications;
• The need for other, more expensive treatment;
• The cost of a medical procedure has increased or prices for necessary medications have increased;
• Deterioration in the financial condition of the alimony recipient (for example, layoffs at work, death of a relative providing care).

To increase the amount of payments, the plaintiff must go to court and prove the fact of an increase in the cost of treatment using certificates, checks, prescriptions and other supporting documents.

If filing a claim for alimony under normal circumstances does not require the plaintiff to pay a state fee (it is paid by the defendant), then when requesting an increase in payments, the applicant must pay it. The amount of the duty depends on the size of the requirements and ranges from 400 to 60,000 rubles.

Typically, the amount of alimony for an adult disabled person is tied to the minimum subsistence level. Along with the indexation of this value, payments also increase - it is better to secure this provision in advance, so that later you do not have to re-apply for an increase in the amount of alimony.

An example of calculating alimony for a disabled person

In 2017, Nikolai, a disabled person from childhood, paralyzed from the back, turned 18 years old. The estranged father stopped making payments. Nikolay, an adult, passed a medical examination and received a group 2 disability. Due to his condition, he was unable to find work. Nikolai lived with his mother, who helped him financially.

On his own behalf, Nikolai filed for alimony and demanded from his father a payment equal to the subsistence minimum in Volgograd, where the plaintiff lived - namely 9,181 rubles. At the same time, he submitted documents for registration of disability benefits to the Pension Fund of the Russian Federation.

The court satisfied Nikolai's demands in full.

In 2023, Nikolai’s condition worsened, and he decided to receive additional financial assistance from his father. But it was not possible to reach an agreement. I had to go to court. As a result, Nikolai managed to increase the amount of payments to 9,318 rubles (the cost of living in the 1st quarter of 2023), and also received an additional one-time payment of 10 thousand rubles for the purchase of a new wheelchair.

How to collect: step-by-step instructions

There are several options for collecting alimony. The simplest one: negotiate with the other parent and draw up an agreement, which then needs to be certified by a notary. Here you can discuss the payment amount and its frequency. It is not necessary to make monthly payments - you can pay alimony, for example, once a quarter or year. The main thing is that both parties are satisfied with the schedule.

The second option is to go to court. Collection of alimony will be carried out on the basis of a court decision or court order.

To receive a payment, you must:

1. Fill out a statement of claim and submit it to the local district (city) court. In it, you need to ask to consider the claim at the defendant’s place of residence (in the case of alimony, this is possible). There is no need to pay state duty - this responsibility will be assigned to the defendant;
2. Wait for the claim to be reviewed. The default period is 1 month, but alimony cases are a priority and are usually considered much faster. The court will make a decision based on the documents and issue a court order;
3. Wait 10 days for the order to take effect. During this period, the defendant can challenge the court order and file a counterclaim. In this case, you should prepare for a full meeting, during which a decision will be made;
4. Submit the received document to the bailiff service along with your account details and wait for the collection of funds.

Attention: if the plaintiff knows the defendant’s place of work, then the order can be taken directly there. The accountant will make transfers to the recipient based on this document - it’s faster and more practical.

The following documents will need to be attached to the claim:

• A copy of the passport of the applicant and the disabled person;
• Evidence of relationship between the defendant and the disabled person;
• A medical report according to the established template establishing the child’s disability;
• Certificates of income, in their absence - a certificate from the Employment Center about registration as unemployed;
• Certificate of family composition;
• Documents justifying the need to collect the declared amount - for example, receipts for medicines, prescriptions, contracts with the hospital, etc.

Termination of alimony payments

The reasons for stopping the payment of alimony to an adult disabled person are described in the legislation, these are:

• Death of the payer or direct recipient of payments;
• Recognition of a disabled person as able to work and his official employment;
• Removal of disability;
• The appearance of a stable source of income for a disabled person, for example, real estate.

In addition, if a disabled child was adopted before his 18th birthday, then no one can claim alimony from the former parent. From now on, the responsibility for providing for the child will lie with the new father or new mother.

Most often, it is the payer himself who applies for cancellation of alimony. He needs to submit documents to the court at his place of residence, indicating the significant reason for the cancellation. The court will consider the case within 1 month, then after 10 days the decision will enter into legal force.

Conclusion

Thus, a disabled child can receive payments even after reaching their 18th birthday. He needs to prove through the court that he needs an additional source of income. Also, payment of alimony can be voluntary.

In some cases, it is possible to increase the size of transfers, for example, when an illness or complications arise due to disability. If there are sufficient grounds to terminate payments, the payer has the right to file a corresponding application with the court.

Child support for a disabled adult child

Reading time: ~6 minutes Marina Semenova 522

Providing for children is the main responsibility of parents, regardless of the health of their offspring. Therefore, alimony for a disabled child, which is provided for by law, is assigned according to the criteria applied to healthy children.

A special feature can be considered the opportunity provided to claim additional transfers assigned to pay for expenses related to treatment. Child support for a disabled adult child is also assigned individually.

Legislation

Financial support for a disabled descendant is regulated by several standards.

These include:

• The Disability Recognition Rules, 2006, which were adopted by Government Resolution.
• The Family Code of the Russian Federation, which represents the interests of special children in several articles. In particular, it establishes the right to alimony for disabled adult children.
• The new law 2023, which came into force this year, affected changes in the calculation of alimony payments. Thus, starting from the current year, for persons receiving maintenance in a fixed amount, these funds are indexed. The action is carried out automatically, without the need to go to court.

The legislation provides for several ways to obtain support for a disabled child

Voluntary transfers

This method is implemented through consensus on material support between the following relatives:

• both parents of a minor;
• one of the relatives and a descendant who has reached the age of majority;
• both parents with a disabled adult child;
• relatives and guardian of an incapacitated person.

The document contains the amount of monthly payments indicating the exact date of their implementation. Such an agreement is subject to notarization.

Valid until the end of the period specified in the paper and cannot be terminated by either party. All changes to the document must also be certified by a notary.

If it is impossible to interact according to the concluded agreements and there is no agreement between the parties, the issues are resolved through litigation.

Compulsory collection

This is done by filing a claim in the magistrate's court. The initiator can be:

Payments to disabled children

• one of the relatives of a disabled child;
• an adult with a disability since childhood;
• guardian of a disabled child.

The right to receive maintenance does not cancel the prerogatives of disabled people to register other income:

• Pension payments.
• Benefits from the state.
• Use of property for the purpose of making a profit.

In the case of obtaining support for a young child, when he reaches the age of majority, a new consideration of the forced collection of funds should be initiated, since the onset of majority is also the expiration date of the claim.

Conditions for payment of alimony

Divorce of parents or any other family problem can serve as a reason to initiate actions for mandatory child support payments. Monthly transfers are calculated as a percentage of the income designated by the payer.

These payments are reproduced in the interests of a disabled child in order to use them for his benefit

The law provides for the amount of alimony in the following order:

• one child is entitled to a quarter of his parent’s income;
• for two children the payment increases to 33.3%;
• if there are three or more children, then they are entitled to 50%.

If the alimony provider is unemployed, payments are calculated in the same shares, but based on the average earnings that are currently established in the Russian Federation. All existing sources of income for the payer are taken into account.

In addition to the standard monetary responsibility for the maintenance of his sick offspring, the designated payer must financially participate in the additional costs of providing for him in the following circumstances:

• The recipient of support is seriously ill.
• Has injuries.
• Requires outside care.

A relative is obliged to pay support in full for the benefit of a minor child, regardless of the child’s disability group.

After reaching the age of 18, the mechanism for collecting funds stops. And, if necessary, initiated by a new review

You should know that the law provides for the absolute right to receive financial support, which is available to adults with the status of a group 1 disabled person established since childhood. There are also certain exceptions in the law regarding disabled people of group 2.

You can collect alimony for a disabled child after 18 years of age if the following basic conditions exist:

• official disability of the recipient of the transfers;
• the offspring's need for financial support.

Disabled persons of categories 1 and 2 are recognized as completely incapable of work. Citizens who have been assigned disability subgroup 3 have a reduced ability to work, but they can still perform some activities, but only in the case prescribed by the attending physician. All recommendations for work and restrictions are contained in the IPR of an incapacitated person.

Usually the third group is not considered as a basis for collecting financial support. But adult disabled people of group 3 are legislatively endowed with the right to apply to the court to initiate the assignment of support to them.

The main confirmation is the facts indicating that their employment will be harmful to health. The decision to assign monetary support to a group 3 disabled person is made by the court, taking into account each specific situation.

A mother or father who is caring for an adult disabled child who has reached the age of majority can count on financial support.

This privilege is granted to relatives in the following circumstances:

• The disabled person has had group 1 disability since childhood.
• The relative providing care is in difficult financial circumstances.
• The guardian has an official decision giving the right to child support for disabled adult children.

Judicial practice shows that it is not always possible to obtain a decision on awarding maintenance for a parent caring for a special child.

Nuances of judicial consideration of the issue of alimony

The legislation provides an algorithm for action in the event of a peaceful agreement between relatives on payments for the maintenance of a disabled child. However, in half the cases, one of the parents tries to evade responsibility and does not seek to voluntarily make payments for the needs of their offspring. This is especially common in cases with children who have reached adulthood.

To obtain their rights, the disadvantaged party goes to court. Only on the basis of a decision made as a result of litigation can a forced transfer of security amounts be carried out

You should know that the limitation period in this matter is limited only by the disability of the descendant. This means that the patient or the person caring for him can request financial support at any time after reaching the age of majority. As long as children of any age are unable to work and need funding, they have the right to such support from their relatives.

The amount assigned by the court for alimony transfers may vary depending on the needs of the disabled person and the financial condition of the alimony provider. In this case, the age of the person in need does not matter.

The presence or absence of marriage of the parents also does not affect the court decision.

The court considers the fact of failure to fulfill parental obligations, assessing the contribution of each legal representative in the care and maintenance of the disabled person.

Awarded financial support for caring for a disabled adult offspring is canceled under the following circumstances:

• death of the recipient of payments;
• death of the alimony worker;
• restoration of the ability to work in a disabled person;
• end of the period of need.

An important nuance is that students who have reached the age of 18, regardless of the category of incapacity, are not entitled to financial support.

That is, if an adult disabled person enters a university, you can demand financial support in case of real need through the court or by agreement.

The procedure for considering and assigning collection of funds will be the same as for a regular adult disabled person. A person’s right to alimony is lost if he acquires a profession and goes to work.

According to the law, in the Russian Federation any citizen recognized as officially disabled can demand funding for their needs from their parents. With proper preparation of documentation, you can obtain alimony support without much difficulty.

At the same time, the review mechanism and the algorithm for determining how much interest is due in a given case have been worked out to the point of automaticity and have many precedents.

Therefore, the processes are not protracted, and, as a rule, are considered in the interests of the initiators of the appeal.

Alimony for a disabled child before and after 18 years of age

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Russian legislation is entirely on the side of protecting the rights of motherhood and childhood. This applies to both the provisions of the law and the norms of judicial practice when assigning alimony.

According to the provisions of the Family Code, parents are obliged to support their disabled children for life, even after they reach adulthood.

Therefore, it is obvious that any parent will be required to support their disabled child if the matter comes to court. In some cases, this obligation may become lifelong.

When is child support collected for a disabled child?

The procedure for collecting funds for a disabled child does not have any special features in Russia and is carried out on a general basis. The moment when child support obligations arise is the day when one of the parents (or both) ceases to fulfill their most important obligation to support the child.

Collection of alimony in this case can be of two types:

Unfortunately, the second case is much more common. You can start collecting alimony at any time, as long as the right to it is not lost (for example, the child has recovered and his disabled status has been taken away).

In addition, as a general rule, it is permissible to collect alimony for the three years preceding the application to the court (3 years is the statute of limitations), if the plaintiff can prove that all other attempts to collect during this period were made, but were unsuccessful.

If we talk about additional privileges that disabled children will enjoy, it can be noted that the payer, by separate court decisions for each case, may be assigned lump sum payments for his descendant. For example, for expensive treatment, operations, rehabilitation, etc. On the other hand, the court may oblige a parent whose child is not disabled to make the same payments.

Who can apply for child support for a disabled child?

In this case, the following may apply for alimony before the disabled child reaches the age of majority:

• the parent with whom the child lives and is raised;
• or a guardian (trustee), adoptive parent, foster parent;
• the institution where the child is located (orphanage, for example).

Similar payments for an adult disabled person will have to be recovered by a separate court decision. In this case, he himself can act as a plaintiff (if his state of health allows this and the child has not been deprived of legal capacity) or ask a guardian.

IMPORTANT: After a disabled child turns 18, child support will not be assigned independently! The recipient will need to separately apply to the court for a new decision. This can be done before the offspring reaches adulthood by asking the court to establish them for life.

Amount of child support for a disabled person

The amount of alimony paid by the defendant for his disabled child (or several) is also of a general nature and is regulated by Art. 81 RF IC. It is equal to:

• A quarter of the income per disabled child.
• Thirds for two.
• Half on three or more.

ATTENTION: But the rule for collecting alimony in shared terms is valid only until the child reaches adulthood. In the future they will be established in a fixed amount.

The defendant’s lack of regular income will lead to the court obliging him to pay alimony in the specified proportions of the average wage in the region or country, or the amount of payments will be a fixed sum of money, a multiple of the cost of living established at the national level or in a specific subject of the federation .

In this case, the amount of payments is determined by the court based on the financial situation of the parties and a number of other conditions that deserve attention. You should be prepared for the fact that alimony awarded to a disabled person again will be lower than what he received before reaching adulthood (but not always).

How to collect child support for a disabled child: procedure, conditions

The collection of alimony for a disabled minor child is carried out on a general basis, so it makes no sense to talk about it separately, unless the application states demands for the collection of alimony even after 18 years of age.

It’s another matter if he is already 18 years old, but the need for maintenance has not disappeared. Then it will be necessary to go to court. The plaintiffs in this case may be:

• Disabled adult.
• The parent with whom he lives.
• Guardian.
• Guardianship and trusteeship authorities.

Statement of claim for the recovery of alimony for a disabled child

The main document will be the statement of claim, which will need to be drawn up correctly, describing all the circumstances and indicating the following data:

• Name of the judicial authority
• Data about the plaintiff (passport series and number, residential address, telephone number), similar data about the defendant, including place of residence and contact contacts.
• The “body” of the statement itself is an introductory, descriptive part. It states the date of marriage and the date of birth of the child. The circumstances of his health disorder, evidence of the arguments.
• Conclusion (should begin with the word “I ask” and then state the entire content of the request).
• List of documents, date of filing the claim and signature of the applicant.

When filing a claim, it is better to seek the help of a competent lawyer. As a last resort, a good solution would be a free consultation with our family law specialists, who are ready to help resolve any issues when preparing a statement of claim.

To prepare the document yourself, you can download a sample claim below and familiarize yourself with its contents.

Download a claim for child support for a disabled child

State duty

In this case, the state duty is not paid. Often, both lawyers and parties to the case believe that alimony plaintiffs are subject to exemption from the fee due to filing a claim in defense of the interests of a minor. This is not so - all plaintiffs for alimony, whether it is funds for a disabled child or parents, are subject to exemption from paying fees on the basis of Art. 333.36 Tax Code of the Russian Federation.

Documents for the claim

The exact list of documents when filing a claim will be determined individually for each specific situation.

But for typical cases, the list of documents should look like this:

• Copy of the plaintiff's passport
• Documents confirming disability (certificate and medical report)
• Information about the income of family members of a disabled person living with him and himself.
• Extract from the house register.
• Any documents confirming the expenses of an adult disabled person - for medications, operations, treatment, rehabilitation, special means, etc.

Other documents may be required depending on the specifics of each situation. Consult a lawyer before going to court.

Child support for a disabled child: what happens after the decision?

Based on the results of the court hearing, a decision will be made. An important circumstance is the fact that even the totality of all state and social benefits and payments cannot serve as a basis for refusing to receive alimony for a disabled person, both a child and an adult.

Like regular alimony, maintenance for an adult disabled person is enforced immediately and on the day the decision is made, the court will issue a writ of execution and hand it over to the applicant.

The circumstances for stopping the collection of funds for an adult child with a serious health disorder will be:

• Restoring health and removing restrictions;
• Death of the recipient or payer;
• Restoration of working capacity.

Judicial practice: alimony for a disabled child

As practice shows, disabled children with disability group 1 cannot work and do without constant treatment. For them, obtaining lifelong maintenance in the form of alimony from their father or mother will not be difficult.

This process will be a little more labor-intensive for disabled people of group 2. But people with group 3 are considered able to work (albeit reduced), so for them the inability to provide for themselves will have to be confirmed by certificates of the inability to find work without harm to health and other medical contraindications.

Example: Plaintiff A. filed a claim in court against her ex-husband Sergei A. for the recovery of alimony for their adult disabled child under 18 years of age and after adulthood.

At the time of filing the claim, the child was 17 years of age. In the lawsuit, she indicated that the son she shares with the defendant, due to traumatic exposure in childhood, has limited mobility and needs constant care.

In this case, the child cannot move independently.

During the court hearing, these facts were refuted by the defendant, who presented to the court:

• Photos and videos from the son’s social network pages, which show that the son does not experience any particular difficulties with independent movement, he only uses a cane;
• A printout from a bank card account registered in his name, where funds from his part-time jobs on the Internet were received until his son came of age. Their size exceeds the plaintiff’s demands for the collection of alimony in a fixed amount.

Due to the fact that the court was not presented with evidence of the impossibility of supporting oneself with a child after 18 years of age, the court granted the claim partially - it collected alimony from the defendant until the child reached adulthood, and refused the rest.

Case No. 2-741/2016 of court district No. 35 in Moscow.

On court websites you can find dozens or even hundreds of decisions that contradict each other both in the logic of law enforcement and in the assessment of evidence. What one judge considers an obstacle to a child’s ability to independently provide for his or her needs, another judge will consider insignificant.

The only way out is to prepare a claim through a lawyer, and come to the meeting fully armed with legal support from specialists. This will allow you to avoid legal errors when collecting alimony for a disabled child.

Need a lawyer

If you still have questions about the procedure for assigning alimony to a disabled child or about the specifics of their calculation, ask our specialists.

The lawyers on our site will advise you free of charge on any issues and help you resolve alimony problems as soon as possible!

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Alimony for a disabled child after 18 years of age and maintenance for the mother

Financial support for the child rests equally with the mother and father. However, upon reaching the age of eighteen, the obligation ceases. The exception is when the child is disabled. In this case, children retain the right to receive financial support for life. Let's look at how to collect child support for a disabled child after 18 years of age.

Financial support for a disabled minor child

The responsibility for providing financial support for a disabled child until he or she reaches adulthood rests with the parent in accordance with the general procedure. A minor has the right to receive ¼ share of all possible official income of the father.

By agreement between mom and dad, instead of cash, valuable property can be transferred as financial support. The object is registered as the property of the child.

If the person receiving alimony does not have a regular income, then financial support is assigned by the court in the form of a fixed amount. Its size must be a multiple of the minimum wage calculated at the time the claim is considered in court. The amount is subject to annual indexation.

Financial support does not necessarily have to be established in court. Financial support for a disabled minor child may be provided for by a notarial agreement between the parents.

The document may initially include an amount for additional expenses. In the absence of such a condition, or an acute shortage of funds for the child, the mother and father have the right to make changes to the document. The text of changes must be made in writing and subject to notarization.

When a disabled child reaches eighteen years of age, the obligation to make payments in the general manner ceases. The exception is material security paid on the basis of an agreement. In this case, the parties independently determine the period of its validity.   

Support for the mother of a disabled child from her ex-husband

Until adulthood, alimony for a disabled child and maintenance for the child’s mother can be collected. Conditions for material support may be provided for in the agreement. If a man refuses to pay money to his ex-wife, the woman has the right to recover it in court. The court assigns financial support to the mother in a fixed amount.

A woman is eligible to receive funds if she:

• the child's biological mother/adoptive mother;
• legal wife of the alimony obligee/divorced from him;
• not officially employed;
• for the period of application to the court, it is registered for the care of a disabled child;
• will prove the need for financial support.

The payment period is determined by the court until the child reaches adulthood. A woman has no right to receive additional payments from her ex-husband’s income.

Conditions for paying child support for a disabled child after 18 years of age

To collect child support for a disabled adult child, the following factors must be present:

• disability;
• need.

Once a disabled person reaches the age of eighteen, the status of a disabled child is no longer valid. The citizen must re-pass a medical examination and confirm the degree of disability.

If the ITU commission establishes disability group I or II, then the person has the right to receive financial support from his parents. A mother or father living together with a disabled person, running a joint household with him and caring for him may be exempted by the court from paying financial support.

A disabled person of groups I and II retains the right to receive alimony payments, regardless of the amount of social assistance provided to him by the state.

A group III disabled person has the right to receive financial support only if he proves in court his need for additional funds. This is due to the fact that disability group III is assigned to citizens with limited ability to work. They can work and support themselves independently.

Parents are obliged not only to pay child support for a disabled person of group 1, but also to provide him with all possible physical assistance and care.

How can an adult disabled person receive financial support from his parents?

Alimony for disabled children after 18 years of age is collected differently than for a minor. The claimant and recipient of the funds must be a child. The exception is for incapacitated/partially capable persons. In this case, a representative (guardian) acts on his behalf. It doesn't have to be the mother.

Material support can be established:

• voluntarily (by agreement);
• forcibly (by a court decision).

The agreement is between parent and child. A representative from the child’s side may participate. In this case, it is necessary to have documents confirming the identity of the representative, a notarized power of attorney, an order from a local government authority appointing guardianship over an incompetent person or guardianship over a person with limited legal capacity.

The agreement must have a term. It is expressed as a date (for example, the date of re-examination) or as the occurrence of a certain event (for example, upon restoration of working capacity).

One of the options for expiring the validity of a notarial agreement is the refusal of the ITU bureau to extend the disability. After which, the child is considered fully able to work. The situation is relevant for disabled people of group III.

Important! If parents refuse to voluntarily pay financial support for a disabled child, the funds can be recovered in court.

Step-by-step instructions for obtaining financial support

Despite the fact that the law provides two options for collecting financial support from the parents of an adult disabled child, concluding a notarial agreement in such a situation is rarely found in practice. Often, a disabled person or his representative initiates legal proceedings.

The procedure for collecting child support for a disabled child after 18 years of age:

• collection of documents;
• drawing up an application to the magistrate's court;
• presence during the trial;
• obtaining a court decision;
• transfer of the court order to the FSSP.

In 2018, to collect alimony, a citizen must apply to the magistrate's court. The issue is resolved through writ proceedings.

The application can be submitted to the court office in person, through a representative or by mail. When applying in person, a citizen must have a passport with him. The representative is required to provide not only an identification document, but also a power of attorney or an order for appointment as a guardian or trustee.

The postal item is issued in the form of a registered letter. It is advisable to add a receipt confirmation. The documents are sent to the magistrate’s court at the place of permanent registration of the father or mother.

List of information for the court

The list of documentation for child support for disabled children under 18 years of age is a basic list for withholding financial assistance for a minor. When collecting funds for an adult disabled person, the list is strikingly different. It includes:

• a copy of the applicant’s personal documents (birth certificate, passport);
• certificate of paternity (if available);
• certificate from the ITU bureau and IPR of a disabled person;
• information about the applicant's income;
• documentation of the income of the alimony payer;
• information about family composition;
• evidence of the need for the amount claimed in the claim.

When collecting financial support from parents, a disabled child is required to provide a birth certificate. This document confirms the family ties between the defendant and the plaintiff.

A certificate from the ITU Bureau is attached to prove the fact of disability and indicate the period during which the commission’s conclusion is valid. The IPR of a disabled person is provided as information about the necessary measures for the rehabilitation of a citizen and the need for specialized means.

As information about the applicant’s income, certificates of pension, benefits and compensation received are provided. Including utilities and medicines. Providing false or incomplete information about income may become the basis for withholding the paid material support from the recipient in full.

Information about the composition of the applicant’s family is provided in the form of a certificate from the passport office, housing department or through the MFC.

The applicant must justify why he needs the specified amount. To do this, attach receipts for the purchase of medicines, extracts from the medical history, prescriptions for the purchase of medicines, IPR of a disabled person with requirements for the purchase of rehabilitation means.

Certificates are submitted in the form of originals. The rest of the documentation is sent in the form of copies. Each sheet is signed by the applicant with the following text: “The copy is correct. Full name, signature.”

Sample application for recovery of financial support for a disabled person over 18 years of age

The application, which is drawn up in the magistrate's court, must comply with the requirements for documents presented by the Code of Civil Procedure of the Russian Federation. Basic information included in the application:

• name of the magistrate's court;
• information about the plaintiff (full name, passport details, residential address, contact telephone number);
• similar information about the representative (if available);
• details of the respondent parent (full name, passport details, residential address, contact phone number);
• name of the application (for the collection of alimony for a disabled person after 18 years of age from a citizen’s full name);
• document text;
• list of applications;
• date of preparation and signature of the applicant.

The text of the application must contain the following information:

• the presence of a family relationship between the applicant and the payer;
• the date of registration of disability and the period for which it was established;
• description of disability and need, reasons for lack of income;
• the amount of payments prescribed by the state;
• the desired amount of financial support in the form of a fixed amount;
• justification of the amount, supported by documents;
• reference to the law (Article 85 of the RF IC);
• applicant's requirements.

The application is drawn up in three copies (to the defendant, the magistrate and the plaintiff).

The statement of claim for the recovery of alimony for an adult child can be downloaded here

Amount of financial support for an adult disabled person

Alimony for a disabled child and the mother of a disabled child is collected exclusively in the form of a fixed monthly payment. The applicant cannot demand the assignment of a percentage to all types of income, by analogy with the recovery of funds for a minor.

Important! Specifying payment in the form of a fixed amount is relevant both for a notarial agreement and for a court decision.

If the parties enter into an agreement, the amount can be any. The main thing is that it is a multiple of the minimum wage and satisfies both parties. Unlike the financial support of a minor, the law does not establish a minimum amount of payments. The frequency of financial support is also determined by agreement of the parties.

If the payer refuses to enter into an agreement, the disabled adult goes to court. During the trial, the court considers the possibility of assigning the amount requested by the plaintiff. However, there is no guarantee that material support will be assigned in the required amount.

When assigning a fixed amount of payment, the court proceeds from the real situation, the size of the defendant’s income, his other obligations and expenses. For example, the court may take into account that a citizen lives in a rented apartment. If a person does not have his own living space, rental expenses will be counted as necessary.

And alimony for the mother of a disabled child is assigned after the amount of payment for the child is established. The amount of assistance to a woman is calculated taking into account that the defendant is already obliged to pay funds for an adult child. Therefore, the amount will be significantly less.

Specialist support

The peculiarity of a statement of claim for the recovery of financial support for a disabled adult child is that the claimed amount must be justified.

Independent actions aimed at withholding financial assistance may negatively affect the court's decision.

The help of a specialist in preparing alimony for a disabled person over 18 years of age will be useful not only for drawing up a statement of claim, but also when drawing up a notarial agreement.