Can a father or mother file for child support for their son?

• Child support to support parents
• How is the size determined?
• Collection methods Sample voluntary agreement
• Sample statement of claim to court

Able-bodied adult children are obliged to provide financial support to needy disabled parents. You can collect alimony from a child either through a voluntary notarial agreement or by force through a court .

On March 18, 2021, Law No. 35-FZ was adopted, allowing the collection of old-age alimony for parents of pre-retirement age .

Parental support is paid as a fixed amount . The court determines the amount of alimony depending on the financial and marital status of the parties. If exceptional circumstances occur, parents may require their children to partially or fully compensate them for additional expenses .

Child support for parental support

The right to collect alimony from children for the maintenance of parents is established by an article of the Family Code (FC) of the Russian Federation. Receipt of payments is possible if the following conditions are met.

1. The parent is a disabled person in need (pensioner, disabled group 1 and 2).
2. The recipient of the payments conscientiously treated the child's upbringing until he reached the age of majority (including paying alimony for him without creating debts and was not deprived of parental rights by the court).

A child may be exempt from paying alimony if he proves that the father (mother) did not fulfill parental obligations : did not participate in upbringing, refused maintenance. It is not enough to simply mention the facts; for the court it is important to have evidence, which can be:

• witness statements;
• certificates confirming that the parent has alcohol or drug addiction;
• warning about deprivation of parental rights entered into the protocol of the commission for minors, etc.

Deprivation of the parental rights of the mother or father in relation to the offspring against whom the claim is brought is an absolute basis for the exemption of the child from paying child support to the parent.

Example. In 2021, Ivanov V.S. filed a lawsuit against his adult daughter in order to receive alimony due to incapacity and difficult financial situation. The judge refused to satisfy the citizen's claim, since in 1990 the man was deprived of parental rights in relation to the child, and there was documentary evidence of this.

The amount of monthly cash payment to parents is determined by the court , based on the degree of need of the applicant and the capabilities of the payer. Child support for parents is collected only in a fixed amount of money , payable monthly. This requirement is enshrined in Part 3 of Art. 87 RF IC.

Alimony payments on a voluntary basis

Often grandparents voluntarily provide financial assistance to a young family. It can be expressed in the following options: buying children toys, clothes, sending them to sanatoriums and children’s camps, and all possible financial assistance. They can also take their children on vacation.

Also, the husband’s parents, at their own request, can pay off their son’s debt for alimony payments, give their grandson housing, and transfer a one-time certain amount of money, which will be used to buy things necessary for the child.

Experts recommend trying to establish contact with your husband’s parents and asking them for help on a voluntary basis. If grandparents categorically refuse to provide financial support, although they have every opportunity to do so, then the mother of the minor has the right to go to court.

Child support for parents: how the amount is determined

The exact amount of child support to parents is not specified in the Family Code of the Russian Federation.

If no agreement is reached between the parties, payments for the maintenance of the parent are ordered by the court . In the statement of claim, the mother (father) can indicate and justify the amount necessary for her normal existence and provision of priority needs. The judge will take this calculation into account.

Monthly payments to a parent in each specific case are calculated individually and depend on a combination of the following factors.

1. The value of the subsistence minimum (LM) for a person of retirement or pre-retirement age in the region where the case is being considered, and if one has not been established - from the average minimum wage in Russia.
2. The degree of need of the plaintiff-parent (whether he is disabled or suffers from another serious illness, what amount of income he has, what life situation he is in, etc.).
3. Degree of security of the defendant – the court takes into account the following factors.
   • Age of the defendant.

   Social status of the child (working, student, etc.).

4. The defendant’s income level and the presence of other dependents (his own young children, spouse, other needy relatives).

To justify a certain monthly amount of child support, the plaintiff-parent must:

1. Enter your total monthly income from all sources: pension fund, social security, bank account, etc.
2. Compare it with the value of the monthly minimum wage for pensioners in the region of residence (if the income is below the monthly minimum, the chances of collecting alimony increase).
3. Indicate monthly expenses, for example, to pay for an apartment, nurses, medicines.

Child support collected from a child is established to meet the basic needs of the parent and is not a means of unjust enrichment.

If there are sufficient grounds, the court may exempt the adult child defendant from paying child support for a disabled parent.

How to collect child support from a child

Needy parents can recover child support payments from adult children in two ways:

• draw up a notarized alimony agreement ;
• file a claim for alimony .

Each method has features that require attention. The priority is to conclude a voluntary agreement on the payment of alimony with a notary, since in this case you can save time and maintain trusting relationships in the family.

The issue of payment of alimony is resolved during a court hearing if an agreement between the parties is not reached peacefully.

Agreement on payment of child support to parents

A voluntary alimony agreement between the payer and the recipient of funds is subject to mandatory registration by a notary . By signing it, the parties undertake to comply with the conditions and confirm their agreement with all the nuances regarding payments:

• the amount of alimony;
• the method and frequency of their payment;
• liability for violation of the terms of the agreement, etc.

A notarized agreement, despite the voluntariness of its preparation and conclusion, is endowed with the legal force of a writ of execution . If the terms of alimony payment are violated, it can be transferred to bailiffs for forced collection of funds (Part 2 of Article 100 of the RF IC).

To draw up an agreement between the child-payer of alimony and the parent-collector, the parties need to visit a notary and provide him with the following documents.

1. Passports, and it is advisable for an adult child to have a birth certificate with him - to confirm the family relationship.
2. Certificates confirming the parent’s need (a pension certificate or written confirmation of disability is sufficient).
3. A certificate of the salary of the future payer (if he is employed).

Usually it is necessary to pay the notary not only the state fee, but also legal and technical services. Prices may vary depending on region. For example, in the Bryansk region, concluding an alimony agreement in 2021 costs around 5,000 – 6,000 rubles . It is recommended to check the latest information directly with the notary office.

Agreement on payment of child support for parents sample

Typically, notaries offer their own samples of alimony agreements. The form must indicate the initials and addresses of the parent and child, the amount of alimony, the period for its payment, indexation conditions, and the responsibilities of the payer and recipient of payments. Each party receives its own copy of the document.

correctly and timely drafted agreement on the payment of child support helps to avoid difficulties and deterioration of relations between children and needy parents.

Agreement on the payment of monthly funds for the maintenance of Ilya Fedorovich Petrov, born on May 12, 1955

Bryansk city February 12, 2021

Gr. Petrov Vladislav Ilyich, born 02/11/1979, native of <name of locality>, registered at the address: <registration address>, passport <series and number>, issued by <name of authority>, hereinafter referred to as “Payer” ", and gr. Ilya Fedorovich Petrov, born May 12, 1955, native of <name of locality>, registered at the address: <registration address>, passport <series and number>, issued by <name of authority>, hereinafter referred to as “Recipient” ", and together referred to as the "Parties", have entered into this Agreement as follows.

1. Subject of the Agreement.

   The subject of this Agreement is the payment of monthly maintenance (alimony) by the Payer to the Recipient, on the basis of Art. 87, 101 of the Family Code of the Russian Federation, due to the presence of a cause-and-effect relationship: the Payer is an adult able-bodied son of the Recipient, and the Recipient is a disabled parent in need (an old-age pensioner with a 2nd non-working disability group since 01/12/2021).

2. Amount of alimony.

   The monthly amount of alimony, in accordance with this Agreement, is 6,000 (Six thousand) rubles, payable to the Recipient's current account No. <account number>, opened in the bank branch <name and details of the bank>.

3. Deadline for payment of alimony.

   Alimony for the maintenance of a disabled Recipient is subject to monthly payment no later than the 13th day of each month. Costs associated with the transfer of funds and their delivery to the Recipient are subject to withholding from the Payer.

4. Indexing.

   In accordance with Art. 117 of the Family Code of the Russian Federation, alimony in a fixed sum of money is subject to indexation in proportion to the increase in the cost of living of the socio-demographic group of the Recipient. The Payer is responsible for the timely indexation of funds.

5. Duties of the parties.

   The Payer undertakes to promptly pay the alimony established by this Agreement to the specified settlement account of the Recipient, to carry out the indexation of funds established by the legislation of the Russian Federation, and to inform the Recipient in advance about possible changes that entail a delay in the monthly established amount of funds.

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   The Recipient undertakes to promptly inform the Payer about changes in bank account details and other circumstances that may prevent the timely receipt of funds to the Recipient's account.

6. Changes to the terms of the Agreement.

   By mutual agreement, the Parties have the right to terminate this Agreement or change one of its terms in the manner prescribed by current legislation.

   Unilateral termination of the Agreement or change of its terms is not possible (or is allowed in court).

The agreement is drawn up in two copies, one for each of the parties, all copies have equal legal force. If the Agreement is not fulfilled voluntarily, it may be presented for forced execution.

The conditions for drawing up the Agreement, as well as the consequences of its conclusion, are explained and understandable to the Parties.

Payer ______________ Recipient ______________

Statement of claim for the recovery of child support from parents

If an adult child refuses to resolve the dispute voluntarily, the parent has the right to go to court.

A claim for alimony is filed in a magistrate's court according to the rules of alternative jurisdiction: the case can be considered both at the place of residence of the defendant and the plaintiff. The plaintiff parent is exempt from paying the state fee (clause 2, part 1, article 333.36 of the Tax Code (TC) of the Russian Federation).

The following documents must be attached to the statement of claim.

1. Passport of the applicant-plaintiff.
2. Birth certificate of the respondent's adult child (to confirm relationship with the applicant).
3. Documents indicating neediness plaintiff.
   • The pension certificate (upon reaching retirement age), the date of birth of the applicant will indicate the pre-retirement age.

   Certificate of disability (or documents confirming other difficult life circumstances).

4. Copies of receipts for the parent’s expenses (for treatment, housing, nursing services, purchase of medicines, etc.).

Note: The statement of claim for alimony in favor of the parent and the attached documents are submitted to the court in two copies - for the court and the defendant.

Documents can either be taken in person to the civil office of the magistrate’s court or sent by mail. After accepting the claim for proceedings, the court will notify the parties of the date and time of the hearing using a summons and (or) SMS notification.

Sample application for parental support

It is important to indicate the following points in the application:

1. Request for payment of alimony.
2. Justification for the desired amount of alimony: the amount of the disabled parent’s pension, calculation of expenses to meet the applicant’s needs (rent, food, medicines).
3. List of documents attached to the claim.

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.

Alimony for retired parents: judicial practice

Maternity is protected by the state, and family relations are regulated on the basis of the principle of priority protection of the rights of disabled family members .

When deciding on the payment of alimony for elderly parents, the court takes into account the financial and marital status of the parties . If the standard of living of the mother or father is higher than that of the child, then the claim may be denied.

At the same time, the financial problems of able-bodied adult children are not grounds for their exemption from paying alimony. The obligation of an adult child to support a parent is unconditional , since he can earn a living, but his elderly father (mother) cannot.

These principles are confirmed, among other things, by decisions of the Presidium of the Supreme Court of the Russian Federation (for example, Resolution No. 187pv02pr of December 18, 2002).

Conclusion

This procedure is complex and confusing. But we can clearly answer the question of whether it is possible to collect alimony from the debtor’s parents. It is possible and a mother should take this situation seriously in order to achieve decent support for her child.

If she is unsure that she can do everything correctly, it is better to contact a lawyer or lawyer who can draw up a statement of claim, collect evidence in the case, and also defend the interests of her client in court.

Participation of adult children in additional expenses for parents

In addition to receiving alimony from a son or daughter, a parent has the right to recover additional expenses in his favor, for example, to pay for an expensive operation, treatment due to injury or illness, as well as in other exceptional cases (Part 1 of Article 88 of the RF IC).

You can recover funds from children for additional expenses either by concluding an agreement or through the court.

Payments can be requested after the occurrence of exceptional circumstances , confirming the fact of incurring expenses with documents (checks, contracts). If the costs are known in advance, the parent can apply for payments from the child in advance, including through the court.

When deciding whether to award payments, the judge will take into account the same factors as when paying alimony. The court will refuse the claim if the defendant child proves during the hearing that the father (mother) evaded fulfilling his parental obligations.

Agreement on payment of alimony to parents (sample)

A voluntary agreement has a number of advantages:

• You don’t have to “interfere with the state” in your family affairs
• Eliminates the need to go through unpleasant and lengthy litigation
• Allows you to independently negotiate an amount that will satisfy both parties
• Does not require large financial costs (notarization is cheaper than legal process)
• And at the same time, the agreement has exactly the same legal force as an executive document obtained through the court (unlike oral agreements, which can be violated without any legal consequences)

You can easily draw up such an agreement yourself or find a sample on the Internet.

An experienced lawyer or notary on Prav.io will tell you what points must be recorded in this document, or tell you where it is safe to do so.

If it is not possible to conclude a voluntary agreement (usually this is due to poor relations between generations of the family and the inability to agree with each other), then the responsibility for making a decision will have to be transferred to the judicial authorities.

Alimony for pre-retirees

On January 1, 2021, Russia launched a reform to gradually increase the retirement age for men and women by 5 years. In this regard, a group of State Duma deputies led by Pavel Krasheninnikov put forward an initiative to preserve the right to alimony for disabled adults who have reached pre-retirement age .

The corresponding federal law of March 18, 2021 No. 35-FZ “On amendments to Article 169 of the Family Code of the Russian Federation” was signed by the President and officially published. Now disabled, needy women and men who have reached the age of 55 and 60 years, respectively , have the right to receive alimony from their able-bodied relatives in accordance with Articles 85, 89, 90, 93 – 97 of the RF IC.

At the same time, the right to alimony arises not only from needy pre-retirement parents from their children, but also from spouses, ex-spouses, brothers and sisters, grandparents, grandchildren, actual educators, stepfathers and stepmothers from other able-bodied relatives.

Thus, the Russian authorities protect the rights of socially vulnerable segments of the population falling under the pension reform from possible negative changes in the field of state support. At the same time, the amount of alimony maintenance in relation to citizens of pre-retirement age will depend on the financial and marital status of the payer and recipient of alimony and will be established by the court in a fixed sum of money (TDS) or by agreement of the parties.