Fathers, who most often pay child support, are concerned about how long it will take. Up to what age child support is paid in Russia in 2021 is an extremely pressing question.
The legislator gives a clear answer to this. Thus, Article 120 of the Family Code states that alimony is paid until the child reaches adulthood. If you follow the norms of the Civil Code, then adulthood occurs as soon as the citizen turns 18 years old.
Child support for studying children
Despite this certainty, many questions still arise about this. Parents are concerned about the age at which alimony is paid for their children in education, whether alimony is due to students or schoolchildren, and specifically, whether it is possible to receive alimony until the age of 23.
The answer to the question of what age child support is paid in Russia in 2021 will be unequivocal - only up to 18 years of age. In this case, it will not matter at all that the child continues to attend a regular secondary school, or that he has begun to receive education at a technical school or university.
Arbitrage practice
Most often, people turn to the courts to collect child support after the age of 18 for students. But such demands are not satisfied if the money is needed only for training reasons. It is important that the plaintiff and the child are truly in need.
Here are some example solutions:
- The son wanted to collect alimony from his father, since after 18 years he continued to study at the university. In the requirements he indicated the amount - 9,770 rubles, as well as 25,000 rubles. as compensation for attorney's fees. By decision No. 2-1616/2019 2-1616/2019~M-1372/2019 M-1372/2019 dated November 26, 2019 in case No. 2-1616/2019, the claim was denied.
- The son tried to collect additional expenses from his father for his own maintenance. The defendant filed an objection, pointing out that even before the child went to court, he tried to help him financially. By decision No. 2-222/2020 2-222/2020~M-201/2020 M-201/2020 dated May 29, 2021 in case No. 2-222/2020, the requirements were denied: studying at a university is not the basis for appointment such payments.
- The woman recovered from her ex-husband alimony for a common incapacitated child over 18 years of age (in the amount of PM), as well as the costs of paying for the services of a representative (Decision No. 2-722/2020 2-722/2020~M-130/2020 M-130/2020 dated February 17, 2021 in case No. 2-722/2020).
Exceptions to the general rule
There may be one exception to the rule established by law, if a child, even an adult, is disabled and in need of financial assistance from his parents.
In this case, according to Article 85 of the Family Code, alimony can be ordered by the court if there is no such agreement between the child’s parents. The term “disability” in this case means the presence of disability of any group.
How is alimony determined after 18 years of age?
If alimony was previously paid to a child with a disability, then its payment stops, because the child has become a full adult. In this case, the child himself or his legal representative receives the right through the court to resolve the problem with further alimony payments.
The legal proceedings will be litigious. This means that a well-drafted statement of claim for alimony must be submitted to the court. The applicant can apply for payments only after the judicial act comes into force.
In this case, alimony cannot be shared in relation to the defendant’s income. The rules of the Family Code regulating such situations provide only fixed alimony payments. This means that the specific amount of payments is assigned on an individual basis, when the court takes into account all the circumstances of the case.
How to draw up an application for the recovery of child support for an adult child?
To receive alimony after reaching adulthood, you must file a claim on the basis of clause 2 of Art. 85 RF IC. The question of collecting them even after the citizen has reached the age of majority is popular, since a person is unable to provide for himself financially, and more and more funds are needed. It is necessary to help in obtaining an education; the child also needs his own housing. Many people strive to start their own family at this age.
Specifically, after the age of eighteen, parents spend a large amount of money on the maintenance of their own children. It is necessary to pay for tuition and a rented apartment if the child has gone to study in another city. This includes money for food, clothing and other needs.
Alimony for the maintenance of adult but needy children can be recovered through the court. Their number is determined by analyzing the financial capabilities of the parents and the disabled child, as well as the level of profit of each, and the presence of funds from deposits. The court will take into account the presence of additional obligations of the person paying alimony, as well as other facts that will determine the ability to financially support the child.
Parents undertake to provide financial assistance for their adult children in need if their incapacity for work is established, and in the same way, alimony can be collected regardless of the presence of other persons obligated to provide financial support.
A claim for needy children regarding alimony can be filed by the child himself or the guardian, and alimony is collected in a certain indexed amount once a month. All these points are extremely important to take into account. Ask for help - we will draw up and substantiate a statement in your case.
USEFUL : order the filing of a claim in court from our alimony lawyer
How does payment stop after age 18?
Therefore, as soon as the child reaches his 18th birthday, the enforcement proceedings initiated on the basis of a court decision to collect alimony will be completed. The bailiff who was involved in enforcement proceedings ends it.
The end of the case is formalized by the Resolution of the bailiff. Both interested parties must be notified of the completion of this action. Each of them has the right to receive a copy of the required document.
In this case, the debtor-payer himself does not need to take any action to stop payments. All necessary measures must be carried out by an official of the Bailiff Service.
It should be taken into account that if the payer still has arrears of alimony, it must be repaid. Only after this the enforcement proceedings will be completed.
Registration of alimony
It is legally easier to arrange alimony payments by agreement using a notarized agreement (for a student without health problems, this is the only way to receive any amount of alimony). If this is not possible, the disabled student has the right to apply to the court for parental support.
If it is possible to reach an agreement, the parties enter into an agreement in the prescribed form (available from lawyers or online). In it, the parties indicate their data, the main conditions (what they agreed on, the amount of alimony and the method of payment, the validity period) and additional ones (indexation, sanctions in case of delay in payment), put the date of conclusion and signatures. Both parties must fully agree to the terms . The document becomes valid after certification by a notary in the presence of both parties or their representatives (passports or powers of attorney are required).
The claim in the court at the place of residence of one of the parties is submitted to the secretary of the magistrate, personally to the judge, or sent by mail. The package of documents (usually in 3 copies - for the court, the defendant and the plaintiff) must contain a statement of claim, a certificate of disability, evidence of relationship with the intended payer (child's birth certificate), confirmation of the need for financial support. The application is registered; after 5 days , a decision is made on its acceptance for consideration, return for revision, or refusal.
If a minor student still does not receive alimony, registration occurs in the same manner.
Other grounds for termination of payments
Reaching the age of eighteen is only one of several grounds that may cause the termination of alimony payments. True, they are in no way connected with the onset of certain age limits. Thus, the law names as other reasons:
- The death of a child for whom alimony was paid, or the death of the alimony payer.
- Adoption of a child by another citizen.
- Declaring a child fully competent
In the first case, if the parent obligated to pay child support has died, the other parent can apply for a pension for the child from the Pension Fund. This government assistance is provided in cases where children lose their breadwinners. The alimony payer is considered to be the breadwinner. The social benefit is called a survivor's pension.
In the second case, adopting a child is a good way for the biological parent to get rid of the child support burden that was imposed by the court. If a child’s father (mother) has changed, then it is he who becomes obligated not only to raise the child, but also to support him financially.
The third case speaks of emancipation, when a child can be declared emancipated by a court decision or by a decision of the guardianship and trusteeship authority. This is possible, in particular, when the child is engaged in business. You can also talk about emancipation when a minor child gets married.
Amount of alimony
The lower limit of alimony payments is regulated by law only for minor students - at least 25% of the payer’s official earnings for one child, other percentages for several (Article 81 of the Family Code). The amount of alimony for adult children who are unable to work for health reasons is not established by law , but is regulated by a court order or an agreement between the parties.
An agreement between a parent and an adult child will make it possible to establish an optimal and more beneficial amount for the recipient. The amount of payment is agreed upon by the parties, expressed in a fixed amount or shares of income with monthly transfers, or in other ways (Articles 103, 104 of the Family Code).
The decision on the amount of alimony for a disabled child is made by the court in each case individually . The income of the son/daughter’s family and the ability to provide for his minimum needs, the size of the salary of the potential payer-parent and his other obligations (presence of minor children, other dependents, etc.) are taken into account. Typically, alimony is assigned in a small, fixed amount to support basic needs, with payment monthly (Article 85 of the Family Code).
conclusions
No matter how much parents of children who are studying would like to continue receiving child support, this is practically impossible. To the question up to what age child support is paid in Russia in 2021, there is a clear answer. Only upon reaching 18 years of age.
Alimony payments beyond the specified age are possible only by court decision if their recipients are adult citizens who are disabled and in need of financial support from their parents.
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Need for financial support
The need of an adult child for financial assistance from parents is the second main condition under which alimony payments can be counted on.
This concept may include the absence of any means of subsistence for an adult or their insufficiency due to various circumstances.
The lack of necessary funds arises from a person’s inability to earn them due to the presence of a serious illness, disability or other reasons.
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.
Example: in 2015, the cost of living in the Moscow region is 13,896 rubles; in the Russian Federation – 8200 rubles. The monthly income of a disabled adult child below the specified amounts is a reason to apply for alimony.
| Living wage in 2021 | |
| Territory | On average per capita, rub. |
| Samara Region | 7482 |
| Vladimir region | 7867 |
| Perm region | 8185 |
| Leningrad region | 6984 |
| Republic of Tatarstan | 6988 |
| Nizhny Novgorod Region | 7454 |
Need can be defined in another way. Even if a citizen’s monthly income exceeds the subsistence level, he has the right to prove a lack of funds and the need for alimony. It is no secret that decent medical care and many medications in our country are not cheap. And given that disabled persons most often include disabled people with various diseases, the treatment of which requires considerable funds, this can also become a reason for applying for alimony payments. Provided that the claimant proves a lack of financial resources to maintain health and purchase essentials.
What is child support charged until age 23?
If the court recognizes the right of an adult to financial assistance, then alimony will be deducted from the following types of income:
- wage;
- share income from profits;
- annual, quarterly and other types of bonuses;
- pension;
- rental payments;
- scholarship;
- temporary disability benefits;
- unemployment benefit;
- business taxable income;
- cash for overtime work.
In this case, the deduction amount can reach 70% of total earnings. If the alimony payer does not have official employment, the amount of financial assistance is determined based on the average cost of living in the country. This fact is extremely disadvantageous for persons hiding their income.
Is alimony collected from premium payments? The answer is presented in the article “How alimony is withheld from bonuses.” You can find out what to do if your wife has filed for alimony here.
Is there a procedure?
The Family Code clearly states that the obligation of parents to support children exists only until the child turns 18 years old. This means that alimony obligations cease with the onset of adulthood, regardless of whether the young person has acquired a profession or continues his education.
Therefore, many parents are mistaken if they believe that the second parent who provides child support will be required to continue paying for the maintenance of their children while they are studying at a university.
We are talking, first of all, about healthy, able-bodied children, because the law also establishes cases where the child’s majority is not a basis for termination of payments.
The legislative framework
Cases in which parents must continue to support their adult children are specified in the Family Code of the Russian Federation. In articles 85 and 89 you can find all the information you need on this topic.
Citizens should know that in addition to child support, there is also alimony for a parent if he is looking after and caring for a child who has a disability and is unable to work. To receive these payments, the parent will have to prove his status as a low-income person in court.
What penalties exist for a defaulter?
Refusal or delay in the payment of alimony is strictly punishable by law.
Measures taken against alimony defaulters include:
- payment of penalties;
- correctional work;
- compulsory work;
- criminal prosecution;
- imprisonment.
In order for a citizen to be recognized as evading payment of alimony, the recipient of the payments must file a claim with the judicial authority. The punishment is determined by the severity of the violation and the amount taken into account against the debt.
The bills that are under consideration include the following measures:
- refusal to issue loans;
- deprivation of the right to drive a vehicle;
- denial of some government services (registration of a foreign passport, visa, etc.).
Also, for non-payers of alimony, travel abroad is prohibited if there is an order from the bailiffs regarding the existence of a debt obligation.
Debt collection
The debt is repaid by the payer regardless of the age of the child. Child support debt when the child is 23 years old is identical in the legal sense to debt of 2 years or 15 years. That is, the entire amount of the debt must be repaid. Penalties are taken into account (Article 115 of the RF IC). But since the recipient of alimony - the child - has become an adult, some reservations have appeared:
- It is impossible to deprive a negligent payer of parental rights in case of malicious evasion of payment. The reason is simple - deprivation of parental rights is permissible until the child reaches adulthood.
- The recipient of the money - arrears of alimony - is an adult child. The reason is that the second parent is no longer the representative of the child’s interests in child support matters. The exception is the child's incapacity.
- The limitation period no longer applies to the amount of debt assigned by the court. The debt can be collected after a few years.
- The debt can be forgiven (Article 114 of the RF IC). If an adult child does not want to pursue collection, then the proceedings are terminated.
