Payment of alimony after 18 years in Russia: amount, payment procedure, collection

Chapter 13 of the current Family Code of Russia, considering the issues of parents paying alimony for child support, establishes that such payments continue only until the children reach adulthood. This can happen based on age (18 years) or in a special manner; in 2023, there were no changes in legislation.

The Civil Code presupposes the recognition of a citizen as legally competent without restrictions after marriage (subject to compliance with all conditions prescribed by law for marriages of minors) or undergoing the emancipation procedure (possible for persons over 16 years of age who, with the permission of their parents or persons replacing them, work or carry out entrepreneurial activities ).

A citizen recognized as an adult is obliged to take care of his own maintenance. Therefore, even if an adult child is a full-time student at a university, then after 18 years of age in Russia, according to the 2023 law, the payment of alimony is not provided for, although such a bill has already been submitted to the State Duma.

These are the legal norms, and they have not changed this year. But practice shows that age is not necessarily an indicator of the ability to independently provide for one’s existence. In this case, payments from parents to children after 18 years of age are appropriate. Some rules in this regard are already spelled out in the code, while regarding others, legislators have proposed changes to it.

Payments for students

With the introduction of 11 years of schooling, the situation has become quite common when a young man of 18 is still a school student. An even more common situation is when he is a full-time student at a college or university.

In such a situation, he is very limited in his ability to earn money for himself and continues to depend on the support of his parents. Under normal conditions, parents continue to support the student while studying.

However, until now there was no such provision in the legislation; alimony payments for a student after 18 years of age in Russia can be stopped, even if he is a schoolchild or a full-time student studying at a university.

Alimony after 18 years for adult children

At the same time, in many countries the legislation provides for a standard according to which college and university students up to 23 or 24 years of age can receive alimony. The exception is when students get married.

In these cases, students are subject to the same rules as minor children, but there is an obvious gap in child support legislation in this area.

For convenience and quick orientation in the laws, you can use the table:

Question	Law	Article
Obligation to pay child support until age 18	RF IC	Art. 80
Alimony for adult disabled children	RF IC	Art. 85
Acquisition of legal capacity	Civil Code of the Russian Federation	clause 2 art. 21, paragraph 1, art. 27
Claim form	Code of Civil Procedure of the Russian Federation	Art. 131
State duty	Tax Code of the Russian Federation	part 2 clause 14 art. 333.19,
part 2 clause 1 art. 333.36
Responsibility for refusal to pay alimony obligations	Criminal Code of the Russian Federation	Art. 157

Several years ago, the State Duma registered a bill providing for inclusion in the Family Code in terms of providing children with guarantees of parental assistance until the end of their studies (Bill No. 876581-6). In particular, an addition is proposed to provide alimony for students under the age of 24.

It is envisaged that the payment of alimony will be suspended while the student is on academic leave. The deadline for complete cessation of payments should be either graduation or reaching the age of 24 years.

Legislators propose in such cases to assign a fixed amount of payments. It can be established by voluntary agreement of the parties or through the court. The court, when making a decision, will have to take into account the financial situation of the interested parties, their family circumstances, as well as other circumstances that seem important to the case.

Need for financial support

The need of an adult child for financial assistance from parents is the main condition under which alimony payments can be counted on. As a general rule, a citizen whose monthly income is less than the subsistence level established at a certain point in a particular region of the Russian Federation is recognized as needy.

Living wage in 2023

Territory	Average per capita
Samara Region	7482 rub.
Vladimir region	7867 rub.
Perm region	8185 rub.
Leningrad region	6984 rub.
Republic of Tatarstan	6988 rub.
Nizhny Novgorod Region	7454 rub.

In some cases, a person of legal age is deprived of the opportunity to support himself due to a serious illness. Such people are considered disabled. The current version of the Family Code provides for the possibility of parents maintaining their children after reaching the age of majority in the event of their official recognition as disabled.

Alimony will be calculated under the following circumstances:

• the child’s age exceeds 18 years;
• he is legally recognized as incapacitated (there is an MSEC conclusion or a court decision);
• he needs care;
• he is not officially employed.

The one who cares for the child also has the right to receive help from the other parent. True, there are additional conditions in this matter:

• the applicant for payment must be low-income or unemployed (caring for some disabled people leaves no opportunity for work);
• the child must be disabled since childhood, group I, and this fact must be confirmed by the conclusion of the ITU commission.

Facts giving the right to receive alimony must be confirmed by official documents. Payments are reduced by court proceedings in the event of evasion of one or both parents’ responsibilities towards the child. In the first case, the statement of claim is filed by the second parent. In the second case, this responsibility is assigned to the state authorities involved in guardianship.

The Family Code provides for the possibility of terminating payments to adult children if their ability to work is restored. Also, payments stop upon the death of the payer or recipient.

For the court, it does not matter whether the parents officially maintain a marital relationship. The fundamental factor is the child’s community. Their level of wealth, the child’s needs and the expenses necessary to satisfy them, as well as the fact of evasion of parental responsibilities will be taken into account.

Methods for assigning payments to disabled children

The procedure for assigning alimony payments to disabled adult children can be carried out in two ways. A voluntary agreement between the parties may be concluded. The second way is a court decision. The law clearly establishes the rules of action in both cases.

If an agreement is concluded, a document is drawn up by a notary, which may indicate the amounts of payments and their order and frequency. Specific amounts may be named, or the share of the payer’s income may be indicated. A document drawn up in this way is recognized as valid throughout the country.

This form is much more convenient, requires less money and time, and involves the establishment of payment forms convenient for the payer. Therefore it is very common.

How to get child support for adult children?

In court, fixed amounts of payments are established. Not only the level of income of the parents is taken into account, but also the amount needed to provide the child with everything necessary.

This method is usually used in cases where one of the parents does not want to participate in the costs of a common disabled child on a voluntary basis.

The amount specified in the contract or established by a court decision is withheld from the income of the child support parent.

The law defines such income as:

• wages, income from business, cash payments to law enforcement officers and the military;
• shares from the profit;
• pensions, scholarships, unemployment payments, temporary disability, other social benefits;
• earnings of those convicted by a court decision;
• rental income;
• overtime payments.

In the case of withholding alimony for a disabled child, the norm of the Labor Code establishing the maximum share of various deductions at 50% of income does not apply. 70% of all income can be collected as alimony.

Procedure for processing payments for a disabled child

To legally obtain child support for a disabled child who has reached the age of majority, the following documents will be required:

• the applicant's identity card (passport);
• child's document;
• marriage (divorce) certificate;
• information about family composition (a certificate is taken from the place of residence of the parent who is avoiding expenses for a disabled child);
• document recognizing the child’s incapacity for work (court order or MSEC certificate).

Court decisions on alimony for an adult disabled child and for the parent caring for him should not be made simultaneously. This is due to the issue of whether it is mandatory to establish the parent’s low income in order to receive payments, and this factor is variable.

If a parent caring for a disabled person wishes to apply for alimony for their maintenance, they will also need confirmation that the child has been disabled since childhood, group I, in addition to those listed above.

The documents are presented either to a notary or to the court along with the corresponding statement of claim. Based on them, the notary helps to draw up and certify an agreement on the payment of alimony.

When resolving the issue in court, a writ of execution is drawn up and sent to the judicial enforcement service. It is the executive service that will collect alimony.

Collection procedure

The bailiff service, in accordance with the law, opens enforcement proceedings. The basis for this is the receipt of a court writ of execution or a duly certified payment agreement.

First of all, the enforcement service contacts the alimony payer, inviting him to make payments on a voluntary basis. In this case, he will be able to choose a convenient payment method for himself.

If consent to voluntary payments is not received, the executive service will collect them legally, establishing all the income of the alimony provider. Similar actions will be taken in the event of arrears in alimony payments.

Child support up to 23 years of age in 2023: for full-time education, law, judicial practice

Most children after school go to university, college, or college to get a profession that will allow them to support themselves without the help of their parents. If an adult is a full-time student, it is not always possible to earn extra money.

The mother and father continue to bear the costs of food, clothing, medicine, and educational services. If they are divorced, alimony is paid only until the age of 18. Further, all expenses are borne by one parent.

Therefore, the question becomes relevant whether alimony is extended until 23 years.

Is it possible to extend child support until the age of 23?

According to Part 2 of Article 120 of the RF IC, alimony obligations that arose on the basis of a court decision are terminated from the moment the child reaches the age of majority.

At this age, he gains full legal capacity and the ability to earn money on his own. In practice, the child does not become financially independent. From 18 to 23 years old, he receives special education on a full-time basis, and therefore needs financial assistance.

Extension of alimony after 18 years is possible only in exceptional cases. An adult has the right to count on maintenance from his parents if two mandatory conditions are met:

1. Need for material support.
2. Disability (disability of 1, 2 or 3 groups, assigned on the basis of the ITU conclusion).

In other cases, the payer supports his child voluntarily.

You should know! In a difficult life situation, the court may oblige parents to take part in additional expenses (Article 88 of the RF IC). The obligation is imposed during a period of serious illness or recovery from a serious injury.

When will child support be extended until age 23?

The issue of extending alimony while studying at a university until the age of 23 has long been discussed in the State Duma. In 2015, draft No. 876581-6 on amendments to the RF IC was submitted to the legislator for consideration.

It is planned to supplement the code with a new article 85.1, which answers the question of whether alimony can be extended to 23 years. After the changes are adopted, parents will be required to support their adult children until completion of full-time studies at any educational institution. The court will be able to award child support from the age of 18 until the child reaches the age of 24.

Maintenance will be accrued in a fixed amount. The money can be spent on:

• nutrition;
• clothes and shoes;
• stationery.

They are also considering increasing the amount of payment if a student receives a paid education. Training costs will need to be confirmed by a contract and payment documents.

Cost calculations, as in other cases, will be tied to the cost of living approved in the student’s region of residence. In each case, the financial situation of parents and children will be taken into account.

In 2016, the draft passed its first reading in the State Duma. The authors recalled it for revision. In his conclusion, the legislator indicated that full-time study does not limit an adult’s employment. In addition, from the age of 18 he has child support obligations towards his disabled parents.

Recommendation! Currently, parents can enter into a voluntary child support agreement with a child studying at a university. This will guarantee that he will not be left without a livelihood until he receives a diploma in his chosen specialty.

Is it possible to force parents through the court to bear additional expenses?

According to Article 86 of the RF IC, in addition to alimony, the court has the right to hold parents responsible for bearing additional expenses for adult children.

A child has the right to apply for financial assistance in the following cases:

• serious illness requiring additional treatment costs;
• a chronic disease that prevents you from leading a normal lifestyle;
• severe injuries that resulted in disability.

In these situations, an adult has the right to ask the court to compensate the expenses incurred at the expense of the parents. The payment can be one-time or regular.

How to claim additional expenses?

An adult submits documents to the magistrate's court. You should contact the parents at their place of residence. The dispute can also be considered at the applicant’s place of residence.

The statement of claim must indicate:

• name of the court;
• personal information about the plaintiff and defendant (full name, place of residence, contacts);
• with whom the adult child lives;
• purposes for which additional funds are needed;
• amount of compensation;
• actual income and marital status of both parties.

As confirmation, you should provide a medical report, receipts for the purchase of medicines, an agreement on the provision of medical services, and other papers.

The case is considered in court in the presence of the plaintiff and defendant. The court examines the circumstances that gave rise to the penalty. Documents justifying expenses are carefully studied. The burden of proof lies with the plaintiff. The income and expenses of both parties, their marital status, and the presence of dependents are also taken into account.

Based on the results of the review, a decision is made. Additional compensation can be assigned for a certain period (for example, during treatment) or indefinitely (for example, for AIDS).

The claim may be denied if the defendant has little income or other dependents.

Judicial practice on the collection of additional expenses

As can be seen from judicial practice, additional expenses for adult children are established in exceptional cases.

Regulatory acts on the appointment of social support measures from the state are taken into account. For example, receiving free medicines, treatment quotas, social benefits. If the plaintiff has not taken measures to obtain benefits, the court rejects the claim.

Much attention is paid to documents confirming expenses. You need to confirm the actual expenses incurred. If they are planned in the future, contracts, medical reports, and prescriptions should be provided.

Let's sum it up

Thus, alimony will not be assigned to full-time students in 2023 . The planned changes regarding the extension of the period of maintenance of children by parents until the age of 24 have not been adopted. In exceptional cases, an adult has the right to apply for additional maintenance from his parents.

Alimony after 18 years

In 2023, the principles of alimony relations regarding the obligation of parents to support their children have not changed. In accordance with the norms of the Family Code of the Russian Federation, children are recognized as persons who have not reached the age of majority.

According to this definition and the rules of Chapter 13 of the RF IC, which establishes alimony relations between parents and children, in general, child support is not paid after 18 years of age .

From the point of view of alimony legislation, under the terms of termination of alimony obligations, children until they reach the age of 18 years are also treated as adult children if they acquire full legal capacity (see paragraph 2 of Article 120 of the Family Code of the Russian Federation). The conditions for the onset of full legal capacity are established by clause 2 of Art. 21, paragraph 1, art. 27 of the Civil Code of the Russian Federation and include:

• cases of marriage before reaching 18 years of age, when this is permitted by law;
• cases of emancipation (declaring fully capable a minor who has reached 16 years of age if he works under an employment contract, including a contract, or with the consent of his parents, adoptive parents or trustee is engaged in entrepreneurial activities).

Child support after 18 years of age if the child is studying

• In practice, reaching adulthood now does not always mean financial independence and independence of a child from his parents.
• If he needs to receive full-time (higher vocational education at a university, secondary specialized education at colleges and schools, or even just a full-time education at school), he will also, as before, need the expenses of his father and mother, even if they do not live together for his maintenance and education.
• Despite the fact that the features of the modern system of 11-year school (general) education in Russia suggest the possibility of a child reaching his 18th birthday while still at school age , according to the current family legislation, parents are exempt from the obligation to pay child support, including for an adult schoolchild.

In addition, many foreign countries provide for the right of children to receive child support until they graduate from colleges and universities. In this case, alimony obligations can be released from parents only if the student enters into a legal marriage and creates his own family.

It should also be noted that Russian legislation in many cases provides for various forms of financial support for families for an adult or full-time student until they reach 23 or even 24 years of age (for example, a standard tax deduction for children, a survivor’s pension, etc. ). Why this rule still does not apply to the payment of alimony is not entirely obvious.

Taking into account the above circumstances, on September 7, 2015, bill 876581-6 was registered in the State Duma, providing for the introduction of additions and changes to the Family Code in terms of strengthening the child’s guarantees for receiving alimony payments from his parents until the end of full-time education.

Unfortunately, this bill was never adopted , so alimony in 2023 will be collected only until the child turns 18 years old.

The payment of alimony obligations for pupils and students after the age of majority was provided for both in voluntary form under an agreement on the payment of alimony, and through the court as a collection procedure.

the amount of child support for students over 18 years of age as a fixed amount, taking into account:

• family and financial status of the parties;
• other circumstances that deserve the attention of the court.

Alimony for disabled adult children

In the current version of the Family Code, the obligation of parents to pay child support after 18 years of age is provided only for disabled adult children (Article 85 of the Family Code).

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In addition, a parent who provides care for an adult common disabled child of group I is also entitled to alimony if he is recognized as low-income or unemployed and in need of support from the second parent. This norm is enshrined in Art. 89 of the Family Code of the Russian Federation.

Thus, alimony for adult children is assigned subject to the following conditions:

These facts must be confirmed by documents that will be submitted to the court when alimony is awarded.

In addition, a parent caring for a common disabled child since childhood has the right to receive alimony from the second parent under the following conditions:

• He is needy;
• Provides care for a common child who has been disabled since childhood, group I;
• An adult is officially, based on the conclusion of the MSEC, recognized as disabled since childhood of group I.

Alimony for an adult child is assigned, provided that one of the parents evades fulfilling his obligations to support an adult disabled child. In such a situation, the second parent applies to the court to order payments.

If both parents shirk their parental responsibilities, then the local guardianship and trusteeship authority can begin the procedure for assigning alimony.

At the same time, it will not matter much to the court whether the parents are married or a divorce has been filed. The judge will assess their financial situation, the facts of failure to fulfill their parental responsibilities, as well as the amounts necessary for the normal maintenance of a disabled adult child.

In accordance with Article 120 of the Family Code of the Russian Federation, assigned alimony for children after 18 years of age ceases to be paid under the condition:

1. Restoration of working capacity;
2. Death of the alimony payer or recipient.

Amount and procedure of payments for adult children

The legislator provides only two options for determining the amount of child support that parents will pay to their disabled adult child.

• Firstly , both parents can voluntarily enter into an agreement on the payment of alimony, in which they determine the amount and frequency of such payments. In the document, at the request of the parties, you can specify fixed amounts, or indicate percentages of the income and wages of the parents. If the notarial form of such an agreement is observed, it becomes binding throughout the country.
• Secondly , such alimony can be assigned in court, and the judge, based on the case materials, sets the amount of payments for an adult child exclusively in hard monetary terms. At the same time, not only the financial situation of the parents is taken into account, but the amount of expenses required to support the child.

Payment of alimony is made in the order of deduction of amounts specified by the judge from the income of the parent, to which the legislator includes:

• amounts accrued as wages or income from a share of the proceeds;
• salaries for military and law enforcement officers;
• any bonuses;
• overtime pay
• pensions;
• scholarships;
• temporary disability and unemployment benefits, etc.;
• income of entrepreneurs;
• rental income;
• earnings of a convicted person under a sentence or court order.

At the same time, alimony is not subject to the general rule of limiting deductions from earnings to 50 percent, provided for in Article 139 of the Labor Code of the Russian Federation. In this case, deductions can amount to up to 70% of income.

Registration of alimony for a disabled person after 18 years of age

To obtain alimony for an adult disabled child, it is necessary to prepare a certificate (conclusion) from the ITU confirming the fact of the child’s disability, in addition to the general list of documents:

• birth certificate or passport of an adult child;
• marriage or divorce certificates;
• applicant's passport;
• certificates of family composition from the place of permanent residence of the negligent parent.

This may be a conclusion from the MSEC, or a court decision establishing incapacity for work. And in case of registration of alimony for the parent caring for the child, you will need a certificate recognizing the child as disabled from childhood of group I.

All these documents are attached either to the payment agreement, when submitting it to a notary to perform a notarial inscription, or sent to the court along with a statement of claim for the recovery of alimony.

After receiving a court decision, a writ of execution is drawn up and sent to the bailiff service for further collection. And having received a notarial inscription, you can immediately go to the executors, since it is mandatory for execution.

Procedure for collecting alimony debt after 18 years of age

Having received a writ of execution or a notarial agreement on the payment of alimony, the bailiff service, in accordance with federal law, opens enforcement proceedings.

After this, the parent from whom child support will be withheld is asked to pay it voluntarily. In case of refusal, the executors determine all sources of income of the person and ensure recovery from them in favor of the adult child, including for the repayment of debts unpaid before the child turns 18 years old.

In the next article you will learn:

• Under what conditions is child support paid after 18 years of age ?
• What documents are needed for child support for adult children?
• Is it legal for a former spouse to demand alimony if she is caring for a disabled adult child?

How to receive alimony after 18 years of age if the child is studying, is it possible and what law regulates payments at this age + statement of claim for the recovery of alimony for a student

It is known that fathers must support their children until they reach adulthood. However, parents often have a question about whether child support is provided for by law after the age of 18 if the child is studying?

Let's say right away that not everything is so simple here. Therefore, in this article we will tell you whether child support is paid after the age of 18 for children continuing their education and in what amount.

The reader will learn what norm of the Family Code provides for such payments, as well as how to prove the need for alimony for a student, and what documents are needed.

Is it possible to receive alimony for an adult child of a student in Russia?

At the same time, lawsuits often contain reference to Art. 85 RF IC. It stipulates the responsibility of parents to provide for their adult but disabled children. At the same time, there must also be a need for additional material support.

Judicial practice takes the position that a child’s education at a university is not a sign of his or her inability to work. Therefore, there are often decisions to refuse to satisfy the plaintiffs’ demands. But there are other precedents. Therefore, it is still worth fighting for your rights.

We should not forget about such a tool as an agreement on the payment of alimony after 18 years. In it, parents have every right to agree on monetary payments for the student during his studies.

In this document you can specify not only the amount, but also the procedure and frequency of its payment. The only main condition is that the contract is certified by a notary.

How to apply for alimony after 18 years of study and who can do it

There are two possibilities to file an application for alimony to recover money in favor of a student child.

The first is filing a claim. Its author can be either the parent with whom the son or daughter lives, or the student himself, since he has reached the age of majority.

You can go to court either at the place of residence of the plaintiff or the defendant. In this case, the age of the applicant will not affect the rules of jurisdiction. After regular payments in favor of an adult are awarded, care should be taken to issue a writ of execution. It is provided to the bailiffs for execution.

Before filing a claim, it is advisable to study the judicial practice and clarifications coming from the Supreme Court. The information contained in such documents is useful to use when preparing your application.

Statement of claim for the recovery of alimony for a student after 18 years of age

Let's figure out how alimony is paid to full-time students after 18 years of age?

Unlike deductions for minors, payments for education are always made in a fixed amount, as stated in the Family Code. Another thing is that there is no specific minimum or maximum specified by law.

When making a decision, the courts take into account the cost of living, or the size of the consumer basket existing in a particular region.

From time to time this indicator may change upward. Then the amounts will be automatically indexed. The entire process will be carried out by bailiffs or the accounting department of the enterprise where the alimony payer works.

Over time, the amount of payments can be reduced or even eliminated. This can happen automatically if an adult graduates from school or becomes employed.

However, in the event that the money will still continue to be paid, the payer needs to think about filing an appropriate statement of claim to terminate the deductions.

Situations are different, and if a decision is made to revise payments downward, then another writ of execution is issued, but for the adjusted amount.

How to prove a child’s need for additional maintenance and what documents are needed

• How to extend child support payments if the child is studying?
• In order for the court to order the father to pay for education after the age of 18, the need for such support must be convincingly proven.
• The need for financial assistance can be confirmed by information from several sources.

Documents for child support

Here is the main list of materials that most often have to go to court:

1. A certificate from the university confirming completion of training, indicating the presence or absence of a scholarship.
2. Certificate of the amount of tuition fees for education.
3. Copy of the passport.
4. Information about the financial situation of the parent with whom the student lives: a certificate from work or an employment center, a document from the social security authority.
5. Written confirmation that the applicant is not working.
6. A copy of the work book. It could have been opened when the child worked for some time before entering college.

If a child suffers from a chronic illness, a doctor's opinion may be required that he or she requires medication or ongoing medical care.

To begin the collection procedure in court, other information may be required. You can clarify their composition during consultation with a lawyer.

He will also give advice on his part about how in practice alimony is paid for a child out of wedlock over 18 years of age who is continuing his education.

Sample application for alimony after 18 years if a student

We are very close to how to collect money for the maintenance of a student after 18 years of age. In order to be guaranteed to receive alimony for a student after 18 years of age, the statement of claim must be competent and justified.

It should open with the name of the court, as well as all information about the parties to the upcoming dispute. The plaintiff will be the mother or the child himself. Accordingly, the payer – the father – will act as the defendant.

At the beginning of the main part of the claim, the history of the family relations of the spouses should be briefly stated. Next, you need to write as much information as possible about the students. In particular, his initials, date of birth and place of study are indicated.

After this, it is necessary to justify for what reasons or circumstances he needs additional material support. If the facts are confirmed, then reference is made to the relevant documents.

Before proceeding directly to the description of the claims, the amount of payments that the plaintiff plans to recover is argued.

It is advisable to include all necessary costs and expenses of the student. Practice shows that digital displays are taken into account by the court

Child support for children studying at a university, in questions and answers

1. It is clear that many are interested in what procedure is used to collect alimony payments?
2. Is there a law on the payment of alimony after the age of 18 for a child continuing his studies at the institute.
3. Therefore, we have collected the most common questions on this topic and their answers.

Who is entitled to alimony after 18 years of age?

“My daughter is studying at the institute by correspondence. Can she claim financial support from her father?”

In this case, it is difficult to count on help, since it is assumed that the daughter is able-bodied and can easily provide for herself financially.

“I learned that my adult son was expelled from the university. Do I have the right to no longer pay money for his maintenance?

Yes, you have. To do this, you first need to apply to the court with a claim to remove your alimony obligations.

Should the other parent pay child support after age 18?

“After finishing school, my son went to work. Is he eligible to receive financial assistance from his father?”

Under current law, there are no rights to payments. This implies that your son is able-bodied and does not need financial assistance from his father.

“If the amount for training is specified in the agreement between me and my wife, should I continue to pay it?”

The terms of the agreement must be complied with regardless of the content of legal requirements. Otherwise, the bailiffs will take care of the debt.

You can reduce the amount or procedure for depositing money by signing amendments to an existing agreement on alimony payments. This is done in the presence of a notary, otherwise the new agreements will have no legal force.

When can you count on alimony after 18 years of age?

“I am disabled, and my son is studying at a university on a contract basis and does not receive a scholarship. Can I demand recovery of money for education and its maintenance from my father?

Yes, you can request an extension of the alimony payment period for the period of study. To do this, you need to convince the magistrate's court that your son needs financial assistance. Attach your pension certificate to the claim, as well as a certificate from the university confirming the absence of a scholarship.

Conclusion or why it is better to contact a lawyer if you need to receive alimony for education after 18 years of age

We talked about the main features of receiving child support after 18 years of age in connection with his education.

Let us once again emphasize that the current Family Code does not separately provide for such payments.

However, judicial practice shows that help from the father can still be obtained. To do this, you need to prove that the child does not work and is unable to support himself.

Alimony after 18 years

The new year 2023 did not bring changes to Russian legislation on the procedure for paying alimony after 18 years. The obligation to make alimony payments is approved in the Family Code of the Russian Federation, in Chapter 13. It states that in general cases, alimony payments stop when the child reaches the age of majority. But there are exceptions to this rule.

In today’s article we will examine in detail the conditions under which an adult child has the right to receive alimony, we will talk about the amount of alimony, the procedure for payments and the rules for their registration.

Child support from the age of 18 for students

Many people are interested in the question of alimony after 18 years, whether it is possible by law, and until how many years alimony is paid in Russia. The fact is that child support payments are not always made strictly until the child’s 18th birthday. Sometimes he acquires full legal capacity earlier. In particular, when entering into marriage on the grounds permitted by Russian law, or in the event of emancipation.

Emancipation is understood as legal capacity that follows from the full-fledged work activity of a child from the age of 16 - work under an employment contract or contract, as well as engaging in entrepreneurial activity with the consent of parents or guardians. In these cases, alimony payments will be terminated earlier than the standard period.

In practice, coming of age does not always coincide with a person’s financial independence. One of these cases is when a child is a full-time student at a college or other specialized secondary educational institution, at a university, and even continues his studies in high school.

It is not uncommon for a child to turn 18 while still in high school. Naturally, it is difficult to earn money while studying, so financial dependence on parents does not disappear.

In many foreign countries, child support is paid for children under the age of 23 or 24 if they continue their education at school and then full-time at a university.

In Russia, an attempt to correct the current situation was made only on September 7, 2015.

We are talking about bill 876581-6, which was supposed to make a number of changes to the Family Code, affecting the issue of alimony for student children. Unfortunately, it was never accepted.

Important! In 2023, the situation is such that a parent who pays child support can only voluntarily agree to continue paying it to his child after he comes of age and continues full-time education. In this case, it is better to draw up a written agreement on the payment of alimony and have it certified by a notary.

The court will take into account the family and financial situation of the parties and other circumstances, and then issue its decision.

It is necessary to count on a positive outcome of the case only in very rare cases - according to the law, parents are still not obliged to pay child support to student children after 18 years of age .

Alimony for disabled and needy children after 18 years of age

Much more convincing arguments for a judge who decides to pay alimony after 18 years are disability due to disability and the need for constant care (or poor financial situation).

Payment of alimony after 18 years of age in case of disability is made subject to a number of conditions:

• the child is recognized as disabled based on a decision of a medical commission or a judicial authority;
• the child is not employed and does not have officially established sources of income;
• the child needs constant care from parents and additional material means to satisfy basic needs.

Not only the child, but also the caring parent has the right to receive child support after the age of 18 from a parent who is not involved in upbringing.

To do this, he must be low-income and unemployed (often, when caring for disabled people, it is simply not possible to have a permanent job).

In addition, the child in this case must be disabled since childhood, group 1, which is necessarily confirmed by the conclusion of the ITU commission.

If a parent refuses to voluntarily pay child support to a disabled child, then the other parent has the right to file a claim to collect it through the court. If both parents evade child support, then the claim is filed by the guardianship authorities or the child himself.

Important! Disability payments cease if the child gets a job, as well as upon the death of the payer or recipient.

Child support is paid to adults only when a disabled child does not receive sufficient government assistance in the form of pensions or benefits that would provide him with a minimum standard of living. The need to pay alimony and its amount are influenced by the cost of living in the region, the financial situation of the parents, as well as other individual characteristics.

Rules for assigning child support to children over 18 years of age

The law always welcomes a peaceful agreement on the amount and procedure for paying child support to an adult child, be it payments based on disability or university education. Alimony can be set in a fixed amount or in the form of a percentage of income.

The procedure for judicial proceedings is as follows:

1. Preparation of a statement of claim to the local court;
2. Appeal to the magistrate. It is the magistrates who in the vast majority of cases decide the issue of awarding alimony to adult children. The district court will consider the case only if the award of alimony is related to the establishment of paternity;
3. Participation in court hearings at which it is necessary to prove that the child really needs additional financial assistance;
4. Obtaining a court decision. If the claim is approved, a writ of execution will be issued to the child or parent who filed the claim;
5. The writ of execution or order of the magistrate is given to the bailiffs for execution.

If the court has decided that it is necessary to pay child support after the age of 18 in connection with his education, then when calculating the amount of payments, vacations and any period of education during which the child had the opportunity to work will be taken into account. Upon expulsion from a university or completion of studies, alimony is canceled automatically.

Important! If training was resumed after a break, then to receive alimony you will need to re-file the claim and issue a new writ of execution.

Documents for receiving alimony after 18 years of age

The main grounds for awarding alimony to an adult child are documents that confirm his inability to work and the need for financial assistance.

In addition to identification documents and documents on the degree of relationship between the child and the parent, you will need:

• medical certificates and other documents that confirm disability since childhood;
• conclusion of a medical and social examination on the award of disability to one of the first three groups;
• a court decision to assign the child the status of disabled or incompetent;
• data from the pension fund on the amount of disability pension;
• a certificate from the social protection department about the amount of social benefits;
• a certificate from the educational institution where the child is studying;
• a certificate of the amount of the scholarship or the amount of the annual tuition fee;
• other documents that will help convince the court that the child really needs additional financial support.

Let's summarize about alimony after 18 years

In Russia, a bill has not yet been adopted that would oblige each parent paying alimony to continue to do so after adulthood if the child is a full-time student at a university. He can do this only voluntarily or by court order. Unfortunately, judicial practice is such that it is now almost impossible to award alimony to a student child.

It is also important to prove that the child does not have an official income, and the amount of social benefits or disability pension cannot cover his basic material needs.

Statement of claim for child support for an adult child

To receive alimony after 18 years of age, you must file a claim for alimony for an adult child.

The issue of collecting alimony after a son or daughter reaches adulthood worries many, since the child cannot yet provide for himself, and more and more money is required for him. We need help getting an education or choosing a profession, getting on our feet and becoming independent, the child needs his own home, many at this time are trying to have children and start a family.

It is after reaching the age of 18 that many parents incur the main costs of maintaining their children. Tuition fees, rent if the child is studying in another city, as well as expenses for food, clothing and meeting growing needs are required.

Until what age is child support paid in Russia?

The most common question that website visitors ask about alimony is exactly this: “Until what age is alimony paid in Russia?” Obviously, this issue concerns child support for minor children. Such alimony may be paid by agreement, court order, or claim for alimony.

• Note:
• Agreement on payment of alimony
• Application for a court order to collect alimony
• Statement of claim for collection of child support

Child support can be collected from the moment the child is born and will be paid until the child reaches 18 years of age, that is, adulthood. This procedure is enshrined in Chapter 13 of the Family Code of the Russian Federation.

And it does not contain exceptions for children of students after 18 years of age, and does not depend on the financial situation of the payer or recipient of alimony.

The only exception to this rule is disabled children (who have become disabled), who have the right to receive alimony from their parents even after 18 years of age.

Payment of alimony may be terminated before reaching the age of 18 in the following cases:

• acquisition by minor children of full legal capacity before they reach adulthood;
• when adopting a child;
• death of the recipient or payer of alimony.

Child support if the child is studying

Child support is usually received by one parent from the other (except in cases where the parent is absent or deprived of parental rights). Such alimony is paid monthly until the age of 18, regardless of whether the child is studying or even working. If the child is still a student but has reached the age of 18, the payment of alimony stops.

That is, studying in any educational institution, in any form of education, does not give the right to extend the age for collecting alimony.

Who is eligible to receive alimony after 18 years of age?

An adult child has the right to receive maintenance from his parents or one of them only if he is incapacitated and in need of financial assistance. Moreover, these conditions must be present simultaneously.

The disabled include persons who are disabled, that is, citizens who have persistent health problems due to congenital problems, injuries or diseases.

To recognize a citizen as disabled, a medical and social examination is carried out, which establishes the period and group of disability. For the collection of alimony, the disability group does not matter.

The presence of disability is confirmed by an ITU certificate in the established form.

The need for financial support is determined by the amount of income received by the child after 18 years of age. Such cases include a situation where the size of the disability pension is insufficient to meet the basic needs of the person in need.

How to file a claim for child support for an adult

Alimony for the maintenance of disabled, needy adult children is collected by the court. The amount of alimony is determined based on the financial capabilities of the parents and the needy adult child, the level of income of each of them, the availability of property and funds on deposits.

When determining the amount of alimony, the court will take into account the existing additional obligations of the alimony payer, the composition of his family, and other facts that determine the ability of the parents to pay maintenance. In addition, the level of needs of the alimony recipient must be taken into account.

Parents are obliged to support their disabled adult children when the need for financial assistance is determined; alimony is collected regardless of the presence of other persons obligated to provide financial support to needy adult children (spouses, children, harm doers and others).

Child support can be recovered from one or both parents. The amount of alimony must be a multiple of the minimum subsistence level established in the constituent entity of the Russian Federation where the plaintiff lives.

Filing and considering a claim for child support for an adult child

It is not possible to apply for a court order in such disputes. Collection of alimony for adult children occurs only through a claim. The statement of claim is submitted to the magistrate at the place of residence of the defendants (parents of the child). The plaintiff is exempt from paying the state fee.

A claim for child support for adult children can be brought to court by the child himself or his guardian. Alimony for the maintenance of an adult child is collected in a fixed amount, which is indexed. Payment is made in equal monthly installments.

In court, it is determined whether the child is disabled (this is confirmed by an ITU certificate), and the period for establishing disability. The income level of the parents and the child itself is established.

If disability is established for an indefinite period, alimony is collected without specifying a deadline.

Sample statement of claim for alimony for an adult disabled child

Before using the presented sample statement of claim for alimony for an adult disabled child, we recommend that you familiarize yourself with the basic rules for filing claims.

Defendant: ___________________ (full name, address)

Statement of claim for the recovery of alimony for an adult child

The defendant is the father (mother) of _________ (full name of an adult child) “___”____________ ____ year of birth.

The defendant does not live with the child _________ (specify the reason), and does not provide financial support.

_________ (full name of an adult child) is incapacitated _________ (indicate the reason for incapacity for work) since “___”____________ ____, which is confirmed by _________ (which confirms the incapacity for work).

_________ (full name of an adult child) needs financial assistance, since his income consists of _________ (indicate the source of income of an adult child, the amount of this income per month).

The defendant does not want to resolve the issue of financial assistance out of court _________ (indicate the reasons), an agreement on the payment of alimony was not concluded.

The defendant must pay alimony for the maintenance of his adult child in a fixed sum of money, the amount of maintenance should be ____ rubles, which will make it possible to ensure a decent existence for the adult child.

1. Please take into account the marital status of the parties when deciding the amount of alimony to be paid _________ (indicate the marital status of the child and the defendant, the presence of obligations to support other persons).
2. Taking into account changes in consumer prices, it is necessary to determine a mechanism for indexing alimony collected for the maintenance of an adult disabled child in need of help, based on changes in the size of the subsistence level.
3. Based on the above, guided by Articles 85, 117 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Ask:

1. To collect from _________ (full name of the defendant) in favor of _________ (full name of an adult child) monthly alimony in _______ (indicate the amount of alimony, it can be in monetary terms, it can be in shares of the subsistence level).
2. Establish a procedure for indexing alimony depending on changes in the cost of living in the territory of _________ (indicate the subject of the Russian Federation or the Russian Federation as a whole).

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Copy of the child's birth certificate
3. Document confirming the child’s disability (ITU certificate)
4. Certificate of income of the child (amount of pension, benefits)
5. Documents confirming the amount of necessary financial support for the child
6. Other documents confirming the grounds for the claim for the recovery of alimony for an adult child

• Date of application “___”_________ ____ Signature of the plaintiff: _______

Law on child support after 18 years of age

Article 85 of the Family Code of the Russian Federation. The right to child support for disabled adult children

1. Parents are obliged to support their disabled adult children who need help.

2. In the absence of an agreement on the payment of alimony, the amount of alimony for disabled adult children is determined by the court in a fixed amount of money, payable monthly, based on the financial and marital status and other noteworthy interests of the parties.

Answers from a lawyer on child support after 18 years of age

My daughter is turning 18 years old. But she continues studying at school in the 11th grade. Is she entitled to alimony under the 2018 amendments to federal law? She studies at school and has no income and no opportunity to work.

Unfortunately, in 2018, no amendments were made to the legislation on the collection of alimony for adult children. Therefore, alimony payments will cease to be collected from the moment the daughter turns 18 years old.

My child turned 18 years old, his father is in arrears on child support. The bailiffs said that now he can collect alimony from his father in a fixed amount. Tell me how to correctly write a statement of claim to the court?

Tell me, did I understand correctly from the comments that a full-time student working on a budget, even if he is 18 years old and even trying, should not sue for alimony, will be refused?

After 18 years of age, the child will not receive child support, even if he studies at a university. This law and no changes have been made to it.

My situation is this: my son turned 18 this month. Consequently, alimony payments have been stopped. Is it possible to file a claim to recover child support for an adult child student? And if so, how to properly draw up a statement of claim? My son is studying full-time.

All the answers to your questions are given in this article. Alimony after 18 years of age is paid only to a certain category of citizens. Students, even full-time students, are not one of them.

My son is studying at school and turned 18 in February. Can I apply for child support if my son is in school?

You cannot submit such an application because your son is already an adult.