How to write a claim for child support for parents?
Such a statement must necessarily contain a description of the difficult situation of the parent applying to the court for child support. You should set out in as much detail as possible why the additional payment is necessary.
When is child support available to parents?
For the actual implementation of this paragraph, the following circumstances must be met for parents: their achievement of retirement age and recognition of their disability of groups I and II. If there are such grounds, fixed alimony penalties will be imposed on the children. At the same time, in the future, under certain circumstances, it is still possible to file a claim to increase the amount of alimony at the request of the party.
The basis is the financial condition of the plaintiff. At the same time, the described circumstances must be documented. For example, the lack of earnings is confirmed by a work book and relevant certificates from the tax and pension fund.
When submitting this document to the court, confirmation of the family relationship with the defendant (or defendants - if there are several children) is also required - this is, accordingly, a birth certificate.
It is important to note : it is worth involving all children to participate in the case, regardless of the claims made against them, see a sample claim for the recovery of child support for parents at the link
Do I need to pay state duty?
In accordance with certain provisions of tax legislation, persons making a claim for the collection of monthly maintenance are exempt from paying state duty (clause 2, clause 1, article 333.36 of the Tax Code of the Russian Federation).
If the court satisfies the plaintiff’s demands, a fee of 150 rubles will be collected from the defendant. (Clause 14, Clause 1, Article 333.19 of the Tax Code of the Russian Federation).
Watch the video. Collection of child support for disabled parents:
Amount of child support for parents
The law does not establish a specific amount of mandatory alimony payments in favor of a parent. The final amount directly depends on the income ratio of the disputing parties.
In this regard, when considering the case, the parent needs to confirm not only his own insufficient financial position, but also prove the income of the defendant.
The financial situation of the children must allow them to bear the additional burden of supporting the parent.
Children have a permanent income, vehicles, real estate, etc. – all this will contribute to an increase in the final amount of alimony.
Legal assistance
If the assignment of alimony for children after a divorce is a standard procedure and does not cause much “boiling of passions,” then alimony for parents is always evidence that family relations are far from normal. Filing a lawsuit against your own children is always a family conflict.
In order not to bring it to the point of absurdity, it is wiser to contact a lawyer in advance, who will not only smooth out the contradictions in the negotiations of the parties, but also help determine a reasonable amount of contractual alimony. It is important that their amount suits both parents (who really need something) and children, who also need to live normally and provide for their growing children.
How can parents apply for child support?
The issue of alimony is considered exclusively by the Justice of the Peace. The prepared statement of claim can be filed at the discretion of the plaintiff either at his place of residence or at the residence address of the defendant.
In addition to the opportunity to appeal to the nearest court, the legislator completely exempts the plaintiff from state fees for this claim.
The number of packages of documents (application with attachments to it) must necessarily correspond to the number of participants in the process.
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Grounds for refusal of admission
The court, within 5 days, considers the claim filed by the applicant and decides whether to accept it for consideration or to refuse it. Reasons for refusal to accept a document may include:
- failure to comply with legal requirements for the form or content of the claim;
- the document does not contain the applicant’s signature;
- a person who has been declared legally incompetent has filed a claim in court;
- the application is addressed to a judge who does not hear cases of this kind;
- the claim was previously filed, the issue was resolved;
- The applicant did not provide all the documents necessary for the consideration of the case.
The applicant has the right to challenge the refusal within 10 days by contacting the district court.
Agreement on child support for parents
The previously considered option of receiving alimony is compulsory and is carried out by court decision.
However, alimony can also be established by a child support agreement. The conclusion of this type of agreement is determined by the existence of a trusting relationship between relatives. The readiness of the parties for dialogue always simplifies the solution of the problem. Both parties need to understand that alimony is provided for by law. Therefore, most often their establishment is a matter of time. However, their size is controversial.
As a result, both parties benefit from concluding an agreement on alimony - children pay less alimony than the court determines and do not incur legal costs; parents receive child support immediately, without waiting for a court decision without proving all the circumstances of the case in court.
It is important to note : the alimony agreement has the same legal force as a judicial act.
In this regard, if for some reason alimony is not paid, it can also be collected through the court.
ATTENTION : the form of the alimony agreement must be notarized.
What to do after the trial
If the claims are satisfied, in addition to the court decision, the plaintiff may receive a writ of execution. Based on the latter, the applicant has the right to initiate a procedure for the forced collection of alimony.
To do this, the writ of execution must be submitted to the Bailiff Service or directly to the accounting department of the defendant’s employer.
According to the provisions of Article 117 of the Family Code of the Russian Federation, alimony established by the court in a fixed monetary amount is subject to periodic indexation in proportion to the increase in the level of the cost of living in a particular region of the country.
In accordance with the same article, the responsibility for indexing the fixed amount of monthly maintenance is assigned to the bailiff or the person responsible for withholding and transferring alimony from the employee, that is, to the payer’s employer.
Collection of alimony for parents in court
What is taken into account when collecting child support for parents?
- In this process, the family and financial situation of children and their parents are considered important factors, and the coefficient of mandatory monthly payments is calculated depending on the monthly equivalent of salaries and accrued pensions. At the same time, the actual cost needs of each party are taken into account. Moreover, the court decision will depend on the history of specific family relationships and personal destinies of people. The collection approach and amount of alimony to parents will, of course, be individual and lawful.
- Since all children can participate in the determination of parental child support payments, the court intervention itself will take into account the ability of each child to pay, regardless of the presentation of claims. The main task of the court is to coordinate their actions, providing parents with optimal support that covers all their needs.
- Sometimes there are situations that require additional expenses on the part of alimony payers. These include circumstances such as serious illness, injury or loss of housing by parents. In such cases, in addition to the established payments, additional payments may be collected; alimony is paid to parents in a different manner.
Also, the court may cancel the collection of alimony in favor of the parents or not assign it at all if it is established that the parents have previously evaded their direct functions or if their parental rights are timely deprived, the established payment of money by the children may be canceled.
Under what conditions are children exempt from parental support?
The same Article 87 of the RF IC states that, under certain conditions, children may not pay old-age alimony. This is often due to the fact that parents did not participate in their lives or were generally deprived of parental rights. And if the first is quite difficult to prove, then the second will not be difficult, because there must be a corresponding court decision.
Example : In theory, money should be allocated for the maintenance of the father, who paid alimony, in the same order as for the mother, who raised the child. However, if the father was deprived of parental rights, this requirement automatically disappears.
Payment procedure and methods
Child support to parents is paid monthly in a fixed amount. The result of judicial collection is a court order, which applies to all adult children who have earnings and other types of income, including passive income.
It is impossible to remove alimony obligations due to lack of official income. The court may review and reduce the amount of alimony based on significant circumstances. This could be a temporary loss of ability to work, a serious illness of family members, the inability to receive income for objective reasons beyond the payer’s control, or force majeure.
Forcibly alimony is collected by bailiffs. Provision is made for foreclosure of wages. If the payer evades obligations, enforcement proceedings may involve foreclosure of the property by seizing and selling it. Sanctions are applied to the debtor in the form of a ban on traveling abroad and deprivation of a driver’s license.
A father and mother who resolve a conflict with their children in court are required to collect alimony in one of the following most convenient ways:
- treatment at the place of work by deducting amounts from wages;
- Shipping by postal order (receipts must be kept);
- fixed transfer of funds in cash by receiving receipts for each amount paid;
- transfer by bank transfer. The proof is a receipt or bank statement.
The desired method of receiving alimony is indicated in the statement of claim. This is taken into account by the bailiff when conducting enforcement proceedings if the defendant evades the voluntary fulfillment of obligations.
Neediness
To receive monthly payments from children, proof of need for financial support is required. For this, the following factors are taken into account:
- the amount of earnings, pension or other types of payments;
- the amount of income from outside sources (for example, from renting out real estate);
- the ratio of income and mandatory expenses of parents - such expenses include payment for housing and communal services, food costs, etc.
The amount of payments will be influenced by the financial and marital status of the children, however, even with a minimum level of income for the child, he cannot avoid the assignment of alimony. The court will determine the amount of monthly payments that the child can pay without a significant drop in the standard of living of his family.
To confirm the need for assistance, the following documents are submitted to the court:
- certificate from the employer (disability or retirement age does not deprive the possibility of employment, therefore the court examines the certificate from the employer);
- certificate from the Federal Tax Service on income for the previous year or other reporting period;
- a certificate from the Pension Fund of the Russian Federation about the amount of paid pension, disability benefits, etc.;
- documents on the provision of benefits for travel, utilities, etc.
The nature and size of the current costs necessary for a normal life are also documented - certificates of tariffs for housing and communal services, receipts for the purchase of food, medicine and clothing are submitted to the court.
