Alimony for a disabled child: amount and collection procedure

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According to certain provisions of the Family Code, parents are responsible for providing financial support for their children until they reach adulthood. In particular, we will talk about disabled children in terms of their maintenance. Along with this, there will be clarifications regarding the possibility of receiving additional payments and a number of other important nuances. It’s worth understanding how child support is paid for a disabled child in practice.

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When is child support paid for a disabled child?

According to Article 81 of the RF IC, in the event of a divorce, parents must be equally responsible for the maintenance of their children. All financial expenses that arise are distributed equally between the mother and father. The rules prescribed in the RF IC also apply to financial support for a disabled child.

In a situation where there is a disabled child in the family, the basis for paying alimony is documentary evidence of the presence of serious health problems. This is when the baby is not able to take care of himself, fully communicate and perform basic everyday activities. Then parents need to submit an application to the medical institution to award the child a disability group (1,2 or 3). It is determined by a specialized commission - VTEC (medical and labor expert commission).

IMPORTANT

Payments to provide for an incapacitated offspring are prescribed by the court regardless of the child’s disability group. Here, the degree of material need is taken into account, which depends on the size of the pension received and the income of the parent. This is the starting point when establishing the amount of alimony for a disabled child (Article , , , , CK of the Russian Federation).

It is possible to withhold funds from the second spouse for the maintenance of a disabled child only by a court decision. Why do you need to file a claim?

Disability

In the Russian Federation, disability of 1, 2 or 3 groups can be established - the distinction between these groups is made according to the degree of damage to health, the nature of the disease and other factors. To establish one of the three groups, you need to undergo a medical examination at MSEC institutions. This procedure follows the following rules:

• Group 1 confirms complete disability and is assigned, as a rule, for life;
• Group 3 implies limited ability to work, so a child with this group will not always be able to qualify for alimony payments;
• If the disability is not assigned for life, the child will have to undergo periodic medical examinations to confirm the fact of disability.

To confirm disability, an MSEC certificate is issued, which is valid indefinitely or for a certain period of time (usually from 1 to 3 years). In the absence of the specified document, there is no point in filing a lawsuit; the claim will be denied.

If the disability group is established for a certain period, alimony can be assigned only for this period of time. If the disability is subsequently extended, a new application to the court will be required. Formally, the amount of alimony payments does not depend on the specific disability group, but the court is obliged to take into account all the circumstances and facts when considering the case.

Until what age is child support paid for children with disabilities?

The law obliges parents to provide financial support to disabled children, just like ordinary children, until they reach adulthood. This is regulated by Article 80 of the RF IC. But in the case where a child has acquired a disability and is incapacitated, the period for paying alimony can be extended even after disabled children turn 18 years old (Article 85 of the RF IC).

There are cases when the second parent is ready to continue to pay child support for a disabled child on a voluntary basis. Then an agreement is concluded between the parents, which specifies the amount and procedure for transferring funds (Article 99 of the RF IC) and is certified by a notary. Otherwise, they file a claim in court and forcefully collect alimony for a disabled child after 18 years of age (Article 106 of the RF IC). Judicial practice shows that such children usually have to be provided for for life.

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.

Normative base

In matters of child support for disabled children, one must rely on the following provisions of the Law:

• Article 85 of the RF IC - the right to alimony for disabled adult children;
• Article 86 of the RF IC - participation of parents in additional expenses for disabled children;
• Article 81 of the RF IC - the amount and procedure for paying alimony in the absence of a peace agreement;
• Article 83 of the RF IC - the possibility of establishing alimony in hard cash terms when the obligated parent does not have a permanent income or, on the contrary, hides additional earnings;
• articles and the RF IC - regulate situations in which the collection of funds to provide for one of the spouses (married or divorced) is allowed;
• Article 91 of the RF IC - determines the amount of alimony for the maintenance of the mother of a disabled child.

What is needed to reduce the penalty?

If the alimony payer, on the contrary, wants to reduce the amount of payments, then he needs to file a claim with the child’s mother. This is only possible if the child has recovered and no longer needs additional help or has received a large inheritance, for example, an apartment that can be rented out. With the first group of disability, such a claim will most likely not be successful.

It is also possible to reduce the amount of payments if the mother of a disabled child has a high level of income, and the child’s father has other dependents or children who need to pay alimony.

Through the court, you can also change the order: move from the share system to the payment of fixed amounts tied to the subsistence level. This may also change your payments down.

Methods for obtaining alimony

It is possible to arrange child support payments for a disabled child in the following ways:

• By drawing up a peace agreement specifying a fixed amount or percentage of earnings and other income. The written agreement is certified by a notary to give it legal significance.
• In court, as a result of filing a statement of claim (forced).

The legal representative of the incapacitated offspring (one of the parents or a guardian) can apply for alimony for a disabled child (Article 106 of the RF IC). An adult incapacitated citizen has the right to file a petition to recover funds from his security or to enter into a voluntary agreement (clause 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 No. 9).

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.

Amount of child support for disabled children

When establishing the amount of financial obligations in court, it is not so important what disability group the child has. The key point is the level of material need (for example: additional regular treatment, health procedures, purchase of vital medications). The principle of collecting alimony for a child with disabilities is similar to the standard procedure for collecting payments for the maintenance of minor children Article 80 of the RF IC; the legislation does not provide for special provisions. The only exception will be the case when the baby is considered incompetent from birth - then lifelong alimony is awarded to the disabled child by able-bodied parents (Article 85 of the RF IC).

As for the amount of alimony for disabled children, according to Article 81 of the RF IC, the amount of payment of financial obligations for both healthy and incapacitated offspring is for one child - one quarter, for two - one third, for three or more - half of earnings or other income of the alimony payer.

IMPORTANT

The procedure for awarding a disability group is regulated by the “Rules for recognizing a person as disabled” (Resolution of the Government of the Russian Federation of February 20, 2006 No. 95). The baby is initially assigned the status of “disabled child” (Article 1 of the Law of November 24, 1995 N 181-FZ), if the impairment of body functions is pronounced. A certain category of disability (I, II and III) is not assigned until the child reaches adulthood. Then you need to undergo a re-examination at MSEC.

The degree of deviation from the basic criteria of human life from the norm is estimated as a percentage (according to the order of the Ministry of Labor of Russia dated December 17, 2015 No. 1024n “On classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination”)

In addition to the basic amount of alimony for a disabled child, approved in court or by agreement, the second parent is obliged to take part in spontaneously arising expenses (for example, for treatment or additional care of the offspring). To compensate for such costs, the representative of the child’s interests must collect the necessary supporting documents (checks, statements, certificates) and submit them together with the application to the court (Article 86 of the RF IC).

How much do they charge for maintenance?

The amount of money owed to the child is at least a quarter of the earnings of the second parent, usually the father - if the child is the only one.

The second child increases the amount of payments to a third of income; if there are three or more children, the father pays half of all earnings.

This is important to know: How to pay child support, not your wife

This is if the children are healthy.

If the baby requires expensive medications, procedures, special care and medical supervision, the other half is required to take part in the listed costs by agreement of the parties (Article 86 of the Family Code).

The disability group assigned to the child does not affect the amount of child support payments until he is eighteen.

The father continues to pay the adult child; if the child is in the first group, then in full; if with other groups, it depends on the child receiving the status of legal capacity. If the grown child continues to need supervision and assistance, payments will continue.

The second group also gives rights to alimony, but with some restrictions.

Amount of payments depending on the number of children

Based on Article 81 of the RF IC, the amount of alimony for disabled children is established in the following proportion to income:

• 1/4 part - for one child;
• 1/3 part - for two;
• 1/2 part - for three or more.

If a parent does not have a stable income, the court sets a fixed amount of alimony for a disabled child (Article 83 of the RF IC). In addition, the payer will be required to participate in all additional costs that arise (Article 86 of the RF IC).

Collection of alimony in certain cases

To understand in detail the nuances of collecting alimony for a disabled child and his mother, it is recommended that you familiarize yourself with examples taken from judicial practice.

Registration of alimony for a disabled child by agreement

During a divorce, parents can independently, without going to court, resolve the issue regarding the payment of alimony for a disabled child. To do this, the spouses enter into a voluntary agreement in writing. It states the following points:

• data of the payer of the obligations;
• information about the child (children) to whom financial support is intended;
• size and timing of payments;
• special situations when the amount of funds for disabled children can be increased;
• bank details to which funds will be transferred.

Then the contract must be endorsed by a notary. If the defendant deviates from the obligations indicated on the official paper, this document will serve as a weighty argument in court proceedings. In addition, the agreement can act as a writ of execution, which is provided to the bailiffs to collect alimony from the debtor for a disabled child.

A sample agreement on the payment of child support for children with disabilities is available.

Necessary documents for processing child support for a child with a disability through the court

When spouses fail to peacefully agree on alimony for a disabled child, the parent of the offspring has the right to go to court (Article 106 of the RF IC). The following package of documents will be required:

• a ready-made application in which they write the name of the court site and indicate their requirements;
• certificate of marriage or divorce;
• birth certificates for children;
• certificate of disability;
• certificate in form 2 personal income tax;
• a certificate confirming the fact that the disabled child lives with the applicant’s spouse.

How is payment made if the alimony worker is unemployed?

To a payer who does not have permanent official employment, child support is awarded in the form of the percentage indicated above, but from the amount of the nominal average monthly salary in Russia.

The parent’s income is determined by summing up all cash receipts:

• wages of an employee;
• bonuses;
• payment for work performed under civil contracts;
• income from business activities;
• income from rental property;
• pension payments;
• fees;
• interest on bank deposits (deposits).

Procedure for registration through court

The procedure for obtaining alimony for a disabled child is regulated by Chapter 17 of the RF IC. Sequencing:

1. They collect the necessary documentation (application, marriage and children’s certificates, disability certificate, 2-NDFL) and, together with the petition, submit it to the court of their place of residence or the defendant. If the location of the spouse against whom the claim is being filed is not established, they will be put on the wanted list. You can submit an application to collect child support for disabled children at any time, but within the previous three years.
2. In this situation, state duty is not paid.
3. The court office registers the application and sets the day and date for the court hearing.
4. The mother and father of the incapacitated child appear at the specified time. If the defendant is absent, the hearing will not be cancelled.
5. The case is considered and the appropriate decision is made. On the basis of which a writ of execution is drawn up, which is submitted to the bailiff service at the defendant’s place of registration or to his place of work.

Alimony for a disabled child is awarded from the moment the application is submitted to the court and is subject to payment, even if the defendant intends to file an appeal (Article 107, paragraph 1 and Article 108 of the RF IC).

A sample statement of claim for the collection of alimony for a disabled child is available.

Is it possible to appeal a court decision?

In accordance with Art. 17 of the Code of Civil Procedure, the parties have the right to appeal the decision of the court of first instance to the court of appeal.

At the same time, in alimony cases there are additional possibilities for changing the conditions. Art. 192 of the Family Code makes it possible to change (both upward and downward) in court the terms of payments to disabled children if circumstances have changed:

• health has worsened/improved;
• the financial situation of the parties has changed;
• there have been changes in marital status.

Please note that if in the first case (Article 17 of the Code of Civil Procedure) we are talking specifically about an appeal, then in the second (Article 192 of the Criminal Code) it is about changing the conditions, and the court of first instance, and not the appellate court, can again be involved.

Timing and cost

An agreement on child support for disabled children is drawn up and certified by a notary. The time frame for the readiness of an official document can range from one or two days to a week.

For certification of an alimony agreement by a notary, in accordance with Art. 333.38 of the Tax Code of the Russian Federation, persons with disabilities are exempt from paying state fees - by 50 percent for all types of notarial actions.

The court is given 1 month to consider a child support case for disabled children, after which the authorized body is obliged to issue a verdict (Article 154 of the Code of Civil Procedure of the Russian Federation). Based on the results of the final meeting, the secretary draws up a writ of execution, which is handed over to the plaintiff for submission at the place of work or to the FSSP service. It is permissible to appeal a decision of a judicial authority on payments for the maintenance of a disabled child within a month after the verdict is rendered.

When cases involving children are heard in court, there is no need to pay a fee to the state treasury. The basis is Article 333.36 of the Tax Code of the Russian Federation. As for notary services, the cost is set in accordance with Art. 333.38 Tax Code of the Russian Federation.

How to increase or decrease the amount of payments in favor of a disabled child?

According to the law, the amount of alimony for disabled children can be adjusted up or down (Article 119 of the RF IC). The reason for increasing payments may be:

• the need for expensive treatment;
• systematic purchase of medicines;
• completing a rehabilitation course in a specialized center at your own expense;
• elective surgery;
• need for additional care;
• decrease in income of the parent with whom the disabled child lives, etc.

Please note:
For partial or full reimbursement of expenses incurred for a child with disabilities based on the listed points, the parent (with whom the offspring lives) must send an application to the court with supporting documents. In this regard, the judge satisfies the claim in favor of the plaintiff.

As for reducing the amount of alimony for disabled children, a revision is possible in the event of the financial insolvency of the payer or when his rights are violated. Namely:

• loss of a stable job;
• the appearance of children from another marriage;
• deterioration of one’s own health, which forced significant expenses;
• a disabled child works part-time and provides for himself;
• the recipient has another source of permanent income (for example, a registered inheritance is rented out).

It is possible to increase or decrease alimony for disabled children only through the court or by drawing up a peace agreement (Article 119 of the RF IC, clause 2 of Article 101 of the IC).

A sample application to change the amount of child support for a disabled child is available.

Need for help

Even if there is a confirmed disability group, a child may be denied alimony if he does not prove the need for help. This indicator is an estimate, since the law does not contain uniform criteria for confirming need. Here are the circumstances the court must take into account when determining the plaintiff’s need for financial assistance:

1. the total amount of payments that are assigned due to disability (for example, the amount of pension benefits);
2. the amount of earnings of a disabled person if he is of limited ability to work (for example, with group 3, a citizen may have almost full ability to work);
3. total income from outside sources (for example, from rental property);
4. the amount of the child’s monthly expenses necessary for normal existence.

All these circumstances will be assessed by the court based on the evidence presented.

Please note that your need for assistance may be temporary. If parents obligated to pay child support establish that the child is employed or there is a significant increase in his income, they will be able to file a lawsuit to reduce the amount of payments or to terminate them. In this case, the burden of proof will be placed on the parents - they must present convincing arguments and written evidence that there is no need for help.

Alimony for the mother of an incapacitated child

If the mother, who took responsibility for caring for a disabled child, was unable to agree with her husband on her maintenance after the divorce, then it is possible to force the ex-husband to do this in court (Article 90 of the Family Code). After the decision is made, the defendant will regularly pay the funds in the established fixed amount (Article 91 of the Criminal Code).

Grounds for withholding alimony for disabled children (Art., SK):

• caring for a child with 1st group of disability;
• caring for a child under age.

You can count on monetary support if the spouse (living separately) has the financial capacity to do so (Part 1 of Article 90 of the Family Code). To confirm your insolvency in court, the defendant must provide the following certificates:

• about income;
• about the size of the family;
• from the bank (if there are loans and other encumbrances).

And in order to collect alimony for a disabled child from the second spouse, a parent must collect:

• documentary evidence of expenses incurred;
• certificate of pension amount;
• medical certificate from MSEC (medical and social examination).

The legal representative of a child with disabilities submits the above package of documents along with an application to the court at the place of registration of his or her former spouse. After the court hearing, a writ of execution will be issued, which will be handed over to the bailiffs for execution of the decision.

The amount of alimony for the spouse of a disabled child is established in a fixed sum of money, the amount of which depends on the financial condition of the plaintiff (Article 90 of the Family Code).

A sample application for support for a spouse living with a disabled child is available.

Payments to disabled people of group 3

3 gr.
given partially to disabled citizens. For this category, the law does not distinguish whether disability began in childhood or in adulthood: the social pension in both cases is the same and amounts to 4403.21 rubles. (without NSO).

The amount is not high, and an adult child strapped for funds has the right to ask the court for help from his parents.

The court will take into account what the real physical capabilities of a daughter or son with 3 grams are. disability to find a job based on the nature and characteristics of the disease.

A certificate from the employment center about unsuccessful attempts to earn a living can help, but does not guarantee that alimony will be awarded.

Judicial practice confirms that most often adult children with a status of 3 gr. You shouldn’t count on collecting funds from your mom and dad.

Alimony for a disabled child in marriage

It is not necessary to apply for alimony to support a disabled child during a divorce - the law does not prohibit you from doing this even if you are married. This is due to Article 80 of the RF IC, which states that parents are obliged to provide for their minor children, regardless of the circumstances.

If the mother of the offspring is not in a registered marriage, then she will not be able to collect alimony for a disabled child from the father (Clause 2 of Article 89 of the Family Code). In this case, you will first need to establish paternity (Article 53 of the Family Code).

Regarding the financial support of the child, parents can draw up a voluntary agreement. When it is not possible to resolve the dispute peacefully, one of the spouses files a lawsuit against the other (not in good faith) to collect alimony for a disabled child. Such actions are justified in the following situations:

• one of the parents lives in the same territory as the offspring, but does not financially participate in his fate;
• does not live with the child and does not provide financial support to him;
• refuses to enter into an agreement regarding payments.

Attention
In addition to the standard package of documents, you will need to collect official papers confirming the fact that one parent bears the entire financial burden of supporting a disabled child (checks, purchase receipts). You can attract witnesses - their testimony will be taken into account during the trial.

A sample application for the collection of alimony for a disabled child in marriage to the World Court is available.

Arbitrage practice

Typically, courts partially or fully satisfy claims for the recovery of alimony for children with disabilities, but different scenarios are possible:

1. The plaintiff wanted to recover from her disabled son in the amount of 1/3 of all types of earnings until he reached the age of 18, as well as additional expenses (RUB 13,000 monthly). Decision No. 2-273/2015 2-273/2015(2-2744/2014;)~M-3485/2014 2-2744/2014 M-3485/2014 dated March 11, 2015 in case No. 2-273/2015 the requirements were partially satisfied. 1/4 of the defendant’s income was recovered, as well as additional funds in the amount of 10,000 rubles.
2. The woman exacted for her seriously ill disabled daughter a third of all types of earnings of the defendant, alimony for her own maintenance, and divided the common property (Decision No. 2-2175/2014 2-2175/2014~M-242/2014 M-242/2014 dated March 31, 2014 G.).
3. The daughter recovered from her father half the amount of expenses for her own treatment, as well as monthly payments (Decision No. 2-23/2020 2-23/2020(2-636/2019;)~M-586/2019 2-636/2019 M-586 /2019 dated May 27, 2020 in case No. 2-23/2020).

Lawyer's answers to private questions

Is it possible to simultaneously collect alimony for a disabled child and for the maintenance of the mother?

Yes, you can. Payments are assigned to a woman if she is caring for a disabled minor child or a group 1 disabled child over 18 years old (Article 90 of the RF IC).

What is the new law in 2021 on child support for a disabled child?

There is nothing new about child support for children with disabilities in 2021. The only thing in Art. 86 of the RF IC, changes have been made, thanks to which it is possible to recover additional payments for housing under a rental agreement if the parent and child have to live in a rented apartment and do not own real estate. The payer may be required to compensate 50% of additional costs. For example, if the monthly fee is 10,000 rubles, 5,000 rubles. the parent pays for himself, and another 5,000 rubles. for the child is divided equally.

How much child support can be collected for a disabled child over 18 years of age?

Depends on the level of living wage in the region. You can require either 0.5 or 1 RM. It all depends on the specific situation and financial situation of the parties.

Is it possible to demand child support for a disabled child without a divorce if the father has been living separately for a long time?

Yes. Even if the parents lived together, payments can be recovered. You don't have to get divorced for this.

When can you not pay child support for a disabled adult child?

Payments stop if the disability is removed. Also, the payer is released from obligations in the event of the death of a son or daughter, or if they were adopted (Article 120 of the RF IC).

Liability for non-payment

The alimony payer does not always conscientiously fulfill his obligations to support the child. Refusal to help your child financially is often justified by the lack of a permanent job, financial difficulties, change of place of residence, etc. Evasion of paying child support for a disabled child is considered a serious offense and is punishable, including criminal prosecution.

IMPORTANT

According to Article 113 of the RF IC, the debt is recovered in full from a parent who deliberately evades paying child support for disabled children. If this happens for good reasons, then the defendant has the right to file a lawsuit to reduce payments or release them completely.

The following types of liability apply to debtor parents:

• civil law - for each overdue day, a percentage of the debt amount is charged in the amount of 0.1% (Article 115 of the RF IC);
• administrative - implies fines (Article 115 of the RF IC), seizure of property and bank accounts (Federal Law No. 229 of October 2, 2007 “On Enforcement Proceedings”), deprivation of a driver’s license (Article 67.1 of Federal Law No. 340 of November 28, 2015);
• criminal - correctional labor, imprisonment (Article 157 of the Criminal Code).

The last option of punishment is possible in extreme cases, when a citizen obliged to support his offspring for a long period deliberately evaded transferring alimony for a disabled child without compelling reasons (he deliberately changed his address of residence, hid his real income).

Valid reasons include:

• serious deterioration in the health of the payer or one of the members of his new family;
• consequences of natural disasters;
• other difficulties affecting the financial side.

For information
It should be noted that the debt for alimony for disabled children is inherited and can be recovered from the heirs of the deceased payer within the boundaries of the received property (Determination of the Judicial Collegium for Civil Cases of the Supreme Court dated March 1, 2016 No. 45-KG16-1).

When an agreement on child support is concluded between spouses during a divorce, the penalty for the payer’s evasion of alimony for a disabled child will be accrued according to the conditions specified in the document. The amount of the fine is set by parents independently in the agreement.

In addition to all of the above, family law provides for the deprivation of parental rights of a persistent defaulter. This happens only by court decision when the claimant receives a claim with such a demand. The grounds (relative to the defendant) for taking such measures may be as follows:

• deliberate refusal to pay child support for disabled children;
• debt incurred for 6 months or more;
• indifference in raising a child.

Is child support paid to an incapacitated child after 18 years of age?

Despite the fact that, according to the law, payments for the maintenance of disabled children are relied upon until the age of 18, if there is incapacity, alimony obligations can be extended beyond the age of majority. This is subject to certain conditions being met (clause 2 of Article 85 of the UK):

• material need;
• lack of employment opportunities.

In case of disability of the 1st and 2nd degrees, alimony obligations are guaranteed, since such persons are listed as completely unable to work. In group III, the court may refuse to continue payments for a disabled child, since such citizens are partially limited in health and are able to work.

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 2021, 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.

Amount of payments for children with disabilities after adulthood

The peculiarity of alimony payments for an incapacitated son or daughter after they reach 18 years of age is that the amount is set as a fixed amount and not as a percentage (regardless of whether a peace agreement is concluded or a lawsuit is filed in court). The amount of child support for a disabled child is determined by the court depending on the circumstances.

IMPORTANT

When concluding an agreement, the document specifies the amount of alimony for children with disabilities in hard monetary terms. When going to court, the application indicates the desired amount and substantiates this with the relevant official papers.

A parent who does not live with a disabled child has the right to recover additional amounts arising from unplanned expenses (for treatment, surgery, purchase of medicines, etc.) (Article 86 of the Family Code).

Procedure for assigning alimony

Until the child reaches the age of majority, allocating funds for his maintenance is the absolute responsibility of both parents.
At the same time, the fact of disability will not affect the amount of alimony payments, except in cases where amounts will be collected for additional expenses (treatment, injury, need for outside care, etc.). According to the rules of the RF IC, the grounds for establishing alimony payments in 2021 may be:

1. a mutual agreement signed by both parents and certified by a notary office - this option can be applied both to minor children and after they reach the age of 18;
2. based on a court order;
3. on the basis of a court decision made on the claim of one of the parents.

We will tell you more about each option for assigning alimony below. Note that before the child reaches adulthood, when compulsorily assigning payments, it is necessary to confirm only his age, as well as the presence of family ties with the debtor. If the child is 18 years old, in addition to family ties, the fact of incapacity for work, as well as the need for help, is proven.

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

When the incapacitated offspring turns 18 years old, child support for a disabled child can be extended in two ways:

• conclude an agreement with the payer on a voluntary basis and have it endorsed by a notary (Article 39 of the Code of Civil Procedure, Article 24 of the Criminal Code);
• file a claim in court.

The first option is easier and faster, but in practice it is not particularly relevant. More often it is necessary to resort to judicial intervention. They operate according to the following algorithm:

1. Collect the necessary documentation.
2. They draw up an application and submit it along with a package of documents to the court.
3. They participate in the process and after the decision is made, they receive a writ of execution.
4. They hand it over to the bailiff service.

What documents will be needed:

• photocopy of the disabled child’s passport;
• duplicate birth certificate;
• certificate from MSEC about disability;
• an extract from the pension fund on the amount of monthly cash benefits paid for disability;
• certificates of income from the place of work of both parents (if there is no work - a copy of the work record book);
• paper on family composition;
• checks, receipts and other expense documents serving as confirmation of additional costs.

The claim must contain the following information:

• name of the court site;
• personal information about the plaintiff or his representative and the defendant (initials, registration address, contact phone number);
• the essence of the appeal and justification (financial difficulties, inability to find a job and other issues);
• amount of child support for a disabled child;
• list of applications;
• signature and date.

A sample application for collection of alimony for a disabled adult child is available.

How is alimony paid?

Usually a fixed amount is assigned, this happens:

• voluntarily - by concluding an agreement (the document is certified by a notary office);
• forcibly - after consideration of the claim by the court.

If the court makes a positive decision, the amount that the defendants or defendant is required to provide will be announced.

A positive decision is made by the court if it is proven that the child is in need (he is not able to earn money and lives in difficult conditions of insecurity). This right is retained by a disabled person regardless of his additional income, pension, scholarship, other dividends, as well as the availability of property that can generate income.

If a child receives child support as a result of filing a claim, then after he turns 18, he will have to file another claim. If an agreement is not reached before the trial, then a fixed amount is assigned, which is established based on a number of factors (financial condition of the defendant, etc.).

The court's decision is influenced by:

• the needs of the child, especially those aimed at maintaining his health;
• the amount of expenses required to ensure a normal life and optimal condition of the body;
• financial position of the defendant and plaintiff.

Alimony can also be reduced; the court agrees in several situations.

• If the alimony payer has a high income. When alimony is calculated as a percentage, the amount received by the child significantly exceeds all total expenses for him. The problem is solved by the court determining a fixed amount. It is also possible to resolve the issue by transferring property to the disabled person, which will bring him income sufficient to live without need.
• If the payer is unable to pay the previously determined amount. This may be due to various reasons: Ø he has acquired a new family and a child;
• Ø illnesses and disabilities of his other children;
• Ø other relatively objective reasons.