Old age alimony for parents from children, for elderly parents, pensioners

Should children pay child support to parents and pensioners?

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

Alimony is payments made in favor of needy citizens from other persons on the basis of kinship and family ties.

By their nature, they are close to social payments, but with one significant difference - alimony is paid by citizens, and social payments - by the state.

Current legislation determines the citizens in whose favor and from whom alimony may be calculated.

These include:

• minors and disabled children from parents, adoptive parents;
• disabled spouse from the second spouse;
• a spouse raising a common child under three years of age;
• parents from children.

This list is not final. Moreover, the basis for receiving payments is not only family ties. Actual caregivers, stepfather and stepmother can demand alimony.

In fact, the possibility of calculating such a payment is directly provided for by current legislation. Chapter 13 of the RF IC contains a number of rules on these obligations of children and parents, including the obligations of children in favor of their parents.

Collection of alimony in favor of parents is quite possible. Children also bear some responsibility in cases where parents are unable to provide for themselves. However, to do this, they must prove the need for additional support and carry out a series of actions that ultimately end in either an agreement or legal proceedings.

Required documents

The plaintiff must have the original documents with him when he appears at the hearing - the judge will ask to present them. Simple copies of the following are attached to the application:

• Plaintiff's passports
• Birth certificates of the defendants or extracts from the civil registry office (to confirm the fact that the defendants are the children of the plaintiff)
• Pension certificate, work book, disability document (to confirm your own disability)
• All documents confirming the fact of need and insufficient material support

There is no state fee for alimony cases.

In what cases should children pay child support to their parents?

Alimony payments from children to parents are awarded in cases where the parents:

• are pre-retirement (from 55 years of age for women and from 60 years of age for men);
• are pensioners (due to changes in legislation, age is calculated individually);
• have a disability of the first or second group;
• were not deprived of parental rights and fulfilled parental responsibilities properly.

Another important point is that alimony in favor of parents can be assigned only when there is an actual need of the parents (or one of the parents) for additional financial assistance.

The court may recognize this factor if the potential recipient’s own income is not enough to provide basic life needs, namely:

• to pay utility bills and taxes.
• to provide food.
• for medical procedures and payment for medications.

If in fact the parent has a stable income that allows him to exist and provide for his living needs without additional help, then the court has the right to refuse to satisfy his request.

Can parents apply for child support for their children?

Grounds for assigning alimony

The case will be heard with the participation of the parties, the plaintiff will have to prove the actual need for additional funds, and the defendant has the right to provide evidence of his position.

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In what cases can you apply for child support?

The child must also meet certain requirements:

• is an adult, that is, has reached the age of 18;
• is able to work;
• There must be a relationship between parent and child, which the recipient must prove (usually by providing documentation).

At the same time, the lack of stable income cannot serve as a reason for refusing to assign alimony.

Important! A parent applying for alimony should not be deprived of parental rights in relation to his child or limited in them until his child comes of age. Deprivation of parental rights certainly entails a refusal to collect alimony, and the restriction calls into question the possibility of assigning alimony to the parent.

Also, the court may release children from fulfilling their obligations to provide alimony to their father or mother if it is established that the parents performed their duties in bad faith earlier.

To my father

Alimony in favor of the father is assigned on a general basis. In this case, the father must be either the natural parent or the adoptive parent of the child.

He will also have to prove his need for additional support and the impossibility of providing independently.

At the same time, the father:

• should not be deprived of parental rights;
• should not be prosecuted for failure to fulfill parental responsibilities;
• must be documented by the official parent.

The defendant has the right to challenge the claim. Thus, one of the defense options is to indicate the lack of participation of the father in the child’s life, but it will be difficult to prove such a point.

The most common situation is that the father himself was a non-payer of alimony until the child came of age, in which case the court may refuse to satisfy the claim.

Mothers

The mother also has the right to file a claim for the recovery of alimony from an adult, able-bodied child. The procedure is carried out in a general manner, that is, in a claim procedure. All the same factors will have to be proven.

The defendant may also try to challenge the payments, or reduce them, pointing out that he has other dependents, the need for other additional expenses, and so on.

How to reduce the amount of child support for a disabled child?

A reduction in alimony, the obligation to pay which has arisen by agreement, is possible with the conclusion of a new agreement.

If alimony was ordered by the court, it is necessary to initiate the process by filing a claim for a reduction in alimony.

If the plaintiff’s financial and marital status has changed, and he cannot bear alimony obligations in the same amount, the rights of his children or parents are infringed, and alimony may be reduced.

In addition, if a parent considers the amount of alimony to be too high due to the financial and marital status of the second parent, he also has the opportunity to reduce the alimony.

HEALTHY:

Payment amount

Alimony can be calculated exclusively in a fixed amount, as established by Art. 87 RF IC.

In this case, the parent will have to justify why he considers this particular amount of payments necessary. The law does not establish a certain share, as in the case of collecting child support.

The fixed amount will also be tied to the subsistence level, but the court can set any multiple of this indicator.

The potential recipient will have to prove that they need a certain level of support by providing details of their income and expenses.

When calculating the amount of payments, the court will take into account the following factors::

• the actual income level of both the parent and the child;
• the health status of each party and the need for treatment or other medical procedures;
• amount of children;
• other points that may affect the situation.

Other aspects include the presence of other dependents, other obligations to third parties, and so on.

For pensioners

When assigning alimony, the court is obliged to take into account the income level of the potential recipient. If he is an old-age pensioner, he receives appropriate payments from the state, that is, he has a regular income.

In this case, he will have to prove why he needs additional support and why in this particular amount.

In particular, the following may be accepted as necessary expenses borne by the parent:

• utility costs;
• expenses for medical care – treatment, procedures, prevention;
• drug costs;
• food expenses.

In all cases, the principle of reasonableness and necessity applies. Thus, the need for medical procedures will need to be confirmed by an appropriate doctor’s prescription, and collecting alimony to pay for expensive alcohol and delicacies is unlikely to be possible.

Important! If a parent abuses alcohol or suffers from gambling addiction, then it will be very difficult for him to collect child support from the child.

Not for pensioners

A citizen who has not retired has the right to receive alimony from his adult, able-bodied child if he is a disabled person of the first or second group, which excludes his ability to work.

In addition, he must prove that he needs alimony payments, that is, justify his expenses and correlate them with income.

Example . Group 2 disabled S. filed a lawsuit against his daughter A., ​​indicating that due to loss of ability to work, he has no means of subsistence and is experiencing difficulties in meeting current needs. During the trial, it turned out that S. had deposits in bank accounts totaling almost 3 million rubles, the accrued interest from which he regularly withdraws and spends on unconfirmed needs. The defendant did not provide information on how much he pays for utilities and other expenses. In addition, S. is a recipient of a disability pension. His total income, including pension and interest on bank deposits, significantly exceeds the subsistence level. In this regard, the court refused to collect alimony.

Problems and nuances

According to Art. 106 RF IC N223-FZ of 1995, alimony is awarded to a person who is obliged to pay it by law. But what if he himself is disabled? In this situation, alimony will be calculated in any case. All contributions to the child will take into account how much the disabled person receives. In any case, the state supports financially and pays a pension.

INTERESTING: if the alimony payer is in a difficult financial situation, he has the right to ask for maintenance from his ex-wife. But what if she is caring for a common child and does not have a regular income? All these complex issues are decided by the court.

Alimony defaulters often cite the fact that they cannot transfer money because they do not have an official income. But don't delude yourself. According to Art. Art. 80 RF IC, N223-FZ, they are obliged to support the child, mother, spouse. In this situation, the court assigns payments that are equal to the average earnings in the country, taking into account the coefficient in the specific region where the controversial case is being considered.

The lack of official income cannot be an obstacle to the fact that alimony will not be collected. Taking into account a person's income, the judge covers all the profits he made. These are remunerations, fees, rent, pension, bonus, investment income. According to Art. 80 RF IC, N223-FZ, an unemployed parent is also obliged to pay child support! And the deduction occurs from the officially assigned benefit!

Alimony is cash payments that are transferred to disabled people on the grounds established by law. According to Ch. 16 of the RF IC, N223-FZ of 1995, payments can be transferred voluntarily, without the participation of the court, by agreement between the interested parties. If an agreement cannot be reached, then collection is carried out forcibly through the court. The decision of this authority is subject to appeal within 1 month from the date of issuance.

Agreement on payment of child support to parents

The legislator allows the conclusion of a notarized agreement between parents and children.

Such a document may contain almost any conditions, as long as they do not contradict current legislation.

The agreement specifies the following information:

• Full name, passport details, as well as details of the parties to the agreement;
• the basis for payments and the amount, as well as the calculation procedure (fixed amount or percentage of earnings);
• frequency of payments;
• conditions under which the amount increases or decreases;
• liability for non-payment, amount of penalty;
• details of the notary who certifies it.

Additionally, other points may be specified if the parties consider it necessary and they do not contradict the law.

The agreement can be used as an executive document.

That is, the recipient will not need to go to court additionally in case of non-fulfillment; it is enough to immediately send it to the bailiff service for enforcement.

Below is a sample alimony agreement. To draw up an agreement that fully suits your situation, it is better to seek the help of a lawyer.

Procedure for collecting alimony through the court

The recipient needs to perform a number of actions:

1. Negotiate with the payer, offer to conclude an agreement on terms that satisfy both parties.
2. Conclude an agreement, and if this is impossible for one reason or another, move on to the next step.
3. Prepare documents that will be required for the process.
4. Write a statement of claim.
5. File a claim in court in accordance with the rules of jurisdiction.
6. Take part in the trial.
7. Receive a court decision and writ of execution.
8. Initiate enforcement proceedings.

During the meeting, you will need to provide evidence of your position in the form of documents; it is allowed to attract witnesses if they can confirm any information.

Documentation

In order to collect alimony, the recipient must provide the following documents to the court:

• statement of claim by number of parties;
• passport (copy) or other document that can confirm the identity of the applicant;
• documents that confirm the relationship between the payer and the recipient (also in a copy);
• papers indicating the plaintiff’s income as well as expenses;
• a request to call witnesses, if necessary;
• power of attorney, if a representative takes part in the process, and not the claimant personally;
• other documents substantiating the circumstances relevant to the case.

Important! If alimony is collected through an agreement, then the same documents will be required, with the exception of the claim and court petitions. The notary will return all documents after certifying the agreement.

Expenses

In case of collection of alimony in favor of children, the law exempts the applicant from paying state fees, placing this obligation on the payer after the decision is made.

In this case, you will still have to incur some expenses. However, they are unimportant. So, the fee will be 150 rubles.

If the recipient plans to engage a lawyer, then his costs will increase significantly and will depend on the agreement of the parties.

What to write, where to submit

The statement of claim is filed in the magistrate's court at the defendant's place of residence. If the plaintiff can prove that it is impossible to consider the case in accordance with such territoriality, then he has the right to petition the court to consider the case at his place of residence.

The claim should include the following information:

• name and address of the court to which the application is filed;
• details of the plaintiff and defendant;
• name of the application;
• the main text of the application, which indicates the circumstances that make such recovery possible, that is, the fact of relationship between the persons and the plaintiff’s need for help;
• an indication of the plaintiff’s income and expenses;
• additional points relevant to the case;
• reference to evidence and legal acts.

This is followed by the petition part, in which the applicant indicates to the court the need to collect alimony in a certain amount, and after this there are attachments and the signature of the applicant.

Sample statement of claim for alimony for parental support

The presented example of a claim for the recovery of alimony from disabled parents reflects a simple and very uncommon situation.

To determine all the circumstances of your case, we strongly advise you to contact an experienced lawyer who can give a correct assessment of all the nuances and tell you what needs to be written in the statement of claim.

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