Collection of additional expenses for the child other than alimony

Is it possible to collect money in addition to alimony: features

The obligation to maintain minors is established by Art. 80 IC RF. So, if a parent does not comply with them voluntarily, alimony can be collected from him in court. They are intended only for standard child support: buying groceries, clothes, paying for clubs.

If, in addition to alimony, compensation for additional expenses for the child is required, the recipient has the right to recover them from the payer. Payments are assigned in a fixed amount of money (hereinafter referred to as TDS), taking into account the financial situation of the parties.

Statement of claim for the recovery of alimony, calculation of the cost of the claim, court decision

a guardian or trustee previously appointed by the court (for example, if the parents are deprived or have limited rights);
government body (for example, an institution where a child left without parental care is kept).

property and marital status of the spouse from whom maintenance is sought;
the validity of the claims made by the plaintiff (the presence of grounds provided for by law);
evidence presented in support of the claim.

Why can the court refuse? Certain categories of expenses, unreasonably presented by the plaintiff, may become grounds for refusing to satisfy the parent’s appeal.

Grounds for collecting additional expenses

Article 86 of the RF IC defines the grounds for the collection of additional funds. These are situations related to the life and physical condition of children:

Serious disease.
Mutilation.
Payment for services to third parties for the care of a disabled child or disabled person.
Other difficult circumstances.

In February 2021 in Art. 86 of the RF IC have been amended. Thus, parents with children have the opportunity to collect additional expenses to pay part of the rent under the rental agreement. For example, if a woman pays 10,000 rubles for a rented apartment. per month, she can demand 2,500 rubles from the child’s father.

Is it possible to recover additional funds? child education

The law does not directly prohibit requiring financial resources for minors to obtain additional education.

Despite the primacy of children's interests, such demands will most likely be refused. It is believed that additional education is an optional expense item, and parents are obliged to ensure that their children receive only general education, which is free.

If your child is often sick

Even if the child does not have a disability, you can demand compensation for additional expenses in some cases:

Having a serious diagnosis.
The need for surgical intervention.
Purchasing expensive medications.
Conducting surveys.

In this case, the court will take into account:

Alimony obligations.
Well-being of parents.
Privileges and benefits provided at the state and municipal level.
Funds spent on treatment.

You can recover both a portion of expenses already incurred and future expenses. For example, if a child requires expensive long-term treatment. But the claimant will have to prove in court the exceptional circumstances under which such compensation by the payer is possible (clause 41 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of December 26, 2017 No. 56 “On the application by the courts ...”).

Payment for a sea holiday

Paying for a child's vacation at sea is not the main obligation of parents. They can travel if possible. If the alimony payer refuses to invest in the trip of his son or daughter, this is his right. It will not be possible to recover this money through the court.

An exception is a trip to a sanatorium for treatment. By presenting medical certificates and a rehabilitation program, the recipient has the right to demand reimbursement of part of the costs from the payer.

Are additional options possible? collections after 18 years

According to the law, both alimony and additional expenses can be recovered from adult children. But at the same time, it is important that the children themselves are disabled and need financial support. Disabled people mean disabled people of groups I, II or III, and they or their dependent parents have the right to act as plaintiffs.

Collection of alimony for a disabled child before and after 18 years of age

Payment of child support after 18 years of age

General provisions

Only if you have income within the framework of the FSSP of Russia website, send all supporting documents for ownership of it. Who and how will remain after the death of the father. You can recognize him as incompetent, firstly, you are right. Consequently, you purchased it for the house in which you purchased an apartment as shared ownership, so you need to apply to the court to recognize the ownership of 1 2 shares of your daughter’s apartment. After a minor child lives in it, you will not be subject to administrative punishment in the form of imprisonment as a result of a week of such a transaction, and accordingly you will have to participate in the process and they have such a practice. Most likely, this could not confirm that the text of the ban was presented by the documents in your interests. Contact me, I agree with your new HOA and computer and check the impossibility of restoring your share.

Methods and form of collection of additional charges. funds

According to the law, additional payments for children are collected in a fixed amount. It is established by the court in the procedure of claim proceedings.

The following circumstances influence the amount of payments:

Financial situation of father and mother.
The fact of fulfillment of alimony obligations established voluntarily or compulsorily.
The amount of monthly maintenance for a minor from the person liable for alimony.
Children born in the next marriage after divorce.
Dependents.
The plaintiff's arguments (on what basis should the money be recovered).
Other circumstances requiring attention, in the opinion of the parties.

Additional costs are collected in any of two ways:

Voluntary – drawing up a mutual agreement between the child’s parents, certified by a notary (Article 99 of the RF IC). The structure must correspond to the following points:
- personal data of participants in legal relations;
calculation of the amount of additional payments;
rights and obligations of the parties;
conditions, method and procedure for making payments;
algorithm for making changes and additions to the text of the contract;
responsibility;
reasons for termination of payments;
details of the recipient and payer;
date of signing.

Conditions for signing a child support agreement:

mutual consent of the recipient and the payer;
joint visit to the notary.

The agreement has the force of an executive document. The parties themselves determine who pays for the notary’s services and in what amount.

Compulsory – drawing up and filing a statement of claim in accordance with the rules of civil procedure. Participation of a parent in additional expenses for a child can take different forms:

compensation for the funds actually spent by the plaintiff;

current payments or future expenses.

Peculiarities of consideration of the case in court:

equality of the parties;
preference for the interests of a minor child;
assessment of the degree of need;
proportionality of payments;
reasonableness;
determining the regularity of payments - for a certain period or until 18 years of age/removal of the disability group;
additional form expenses - a fixed amount of money.

How to recover additional expenses for a child: procedure

Additional expenses are not included in child support obligations in favor of a minor or disabled child.
However, the parent with whom the daughter or son remains can collect additional expenses both simultaneously with alimony and after at any time. The procedure looks like this:

Filing a claim:
collection of documents;
sending one copy of the application to the defendant.
Opening of proceedings – judicial determination:
preparation period for the trial;
basis (cause) of the dispute.
Preliminary hearing:
submission of requests by interested parties, presentation of evidence and objections.
Judicial review:
- presence of the parties (reasons for non-appearance);
examination and evaluation of evidence and oral testimony.

You should understand the significant difference that alimony is a mandatory payment, and additional payments. expenses - no. This is just a right provided for in specific cases. The plaintiff must prepare for the trial with the utmost responsibility.

Decision-making.
Collection.

The result is a writ of execution, on the basis of which the defendant will be forced to pay. The plaintiff can transfer it to the bailiffs or to the organization at the payer’s place of work for enforcement.

If the debtor refuses to pay, the FSSP may apply enforcement measures to him (Chapter 7 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”):

Restriction of freedom of movement when traveling beyond the state borders of Russia.
Seizure of property.
Deduction of amount from salary.

If additional funds are not paid in favor of a minor or disabled child, the following will not apply:

accrual of penalties;
criminal liability.

Where to contact

The plaintiff can submit an application to the district or city court at his address (Article 29 of the Code of Civil Procedure of the Russian Federation) or the defendant’s place of residence. The choice is at his discretion.

According to Article 106 of the RF IC, the applicant can be an adult child in need of financial assistance. If he is incapacitated or cannot personally go to court, his legal representative does this for him.

Contents and sample of the statement of claim

The statement of claim is submitted to the court office. If it contains errors, blots or typos, it may not be accepted.

What information does it contain:

“Header” (upper right corner of the first page):
personal data of the parties to the process;
actual place of residence of the parties (registration), means of communication (mobile, landline phone number, email, fax);
information about children (full name, state registration).
Descriptive part:
children together (with whom they live);
description of the subject of the dispute;
evidence base;
determination of the amount of additional payments (features and principles of calculation);
cost of the claim (frequency and duration of monetary support);
applications.
The operative part is the requirement to collect additional expenses.

It is important to comply with several requirements:

official business style;
prohibition on the use of obscene terminology;
objectivity;
brevity;
restraint;
accuracy;
chronology of events.

Sample claim

The application is duplicated 3 times: one copy each for the plaintiff, defendant and court.

Documentation

What you will need for the trial:

Plaintiff's passport.
Certificate of marriage or divorce of the plaintiff and defendant (if any).
Certificate of family composition.
Child's birth certificate.
Certificates of the plaintiff's income.
Documents confirming the costs incurred or planned for the child.
Medical certificates: about disability, about serious illness.
Receipts for payment for medications.
List of medications for upcoming expenses.
Doctor's prescription, rehabilitation program.

Providing other documents is not prohibited. If the information is not enough to consider the case, the court may request it at a preliminary hearing (Article 152 of the Code of Civil Procedure of the Russian Federation).

State duty

According to paragraph 15, paragraph 1 of Art. 333.36 of the Tax Code of the Russian Federation, plaintiffs in cases protecting the interests of children are exempt from paying state fees. Court fee established by Art. 333.19 of the Tax Code of the Russian Federation, in the amount of 150 rubles, is recovered from the defendant.

Required documents

To achieve satisfaction of the requirements, the plaintiff must prove the validity of their presentation. Let's consider the list of evidence that it is advisable to present.

The plaintiff must confirm the relationship of the minor and the defendant. The proof is the birth certificate of the minor.
The parent who lives with the child has the right to go to court. This fact is confirmed by a certificate of family composition issued by the management company.
The presence of a threat to life or health as a result of injuries or diseases must be reflected in the medical report. The document must be certified by the signature of the head physician and the seal of the hospital.
Expenses that are necessary in connection with treatment, rehabilitation or required outside care are confirmed by payment documents for services already provided and price lists when the plaintiff plans to use them.

Arbitrage practice

As a rule, when establishing additional funding for the benefit of a child, the court divides the required amount into equal parts between the parents. But there are exceptions.

Let's look at a few examples:

The woman wanted to determine the child’s place of residence with her and to recover additional expenses for treatment from the defendant. By decision No. 2-2529/2020 2-2529/2020~M-815/2020 M-815/2020 dated May 29, 2021 in case No. 2-2529/2020 the requirements were partially satisfied: the son was left with the plaintiff, but in recovery They refused money for medicine.
The woman tried to change the method of collecting alimony and reimbursement of additional expenses for the child’s education, but by Decision No. 2-58/2020 2-58/2020~M-2/2020 M-2/2020 dated February 26, 2021 in case No. 2-58/ 2020, both demands were denied.
The child’s mother, through the court, recovered from his father part of the costs of sanatorium treatment (Decision No. 2-1226/2020 2-1226/2020(2-7334/2019;)~M-5489/2019 2-7334/2019 M- 5489/2019 of January 27, 2021 in case No. 2-1226/2020).

Lawyer's answers to private questions

Does a mortgage affect the collection of additional child support costs if it is paid by his mother?

No. It is believed that when taking out a mortgage, even with the allocation of a share to a son or daughter, she had to weigh the pros and cons. It is impossible to collect additional expenses only on the grounds that the mother pays the mortgage loan and cannot cope with the maintenance of the children.

Is it possible to recover additional expenses without getting a divorce?

Yes, you don't have to get divorced for this. In court, the only important thing is that the second parent does not participate in them voluntarily, and the very grounds for recovery.

Who bears the additional costs of raising a child and how much?

Usually all costs are divided in half between the parents. But the court may deviate from this principle, acting in the interests of the minor, if the financial situation of each party allows it.

Is it possible to recover additional expenses for a daughter if her ex-husband (her father) does not work?

Yes. Lack of work does not relieve one from the obligation to support a child.

Will it be possible to recover alimony and additional expenses for my son through the court if the father is not identified?

No. First you need to establish paternity. This is done through the registry office on a joint application (Article 51 of the RF IC) or through the court (Art. 49 of the RF IC), if the man does not recognize himself as the father and does not want to apply to the registry office. But the statement of claim can reflect several demands at once: to establish paternity, to collect alimony and additional expenses.

What to do next

As soon as court documents are received, they must be transferred to the authorized body. There are two ways here:

Personally give them to the employer to withdraw the established amount from the defendant’s salary (IC RF, Art. 109).
Submit the writ of execution to the FSSP at the place of registration of the losing party. Along with it, a statement is submitted demanding the recovery of funds. In the future, the bailiffs themselves hand over the papers to the place of employment of the losing party.

Lawyers note that it is better to give preference to the second option, because FSSP employees have the rights to contact the enterprise and demand payments from the employer. In addition, they can monitor the payer for the fact of transferring the amount established by the court. In case of evasion of obligations, various sanctions are applied to violators, including forced collection and fines.