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Parents who have provided help and care to their children since infancy also need support and attention.
The current family legislation of most countries, including the Russian Federation, imposes an obligation on parents to support their children, both minors and disabled adults. In turn, the RF IC does not provide for responsibilities for minor children as such. Their existence is only assumed in the form of counter-responsibilities of parents, which cannot be said about adult children. The responsibilities of adult children to support their parents are clearly formulated and reflected in Article 87 of the RF IC.
Payment of child support for parental support: law vs morality?
The issue of children supporting elderly parents is quite specific from a moral point of view. Indeed, there are many cases where, for example, a mother, due to an excessive addiction to alcoholic beverages, did not give her offspring enough affection and attention even at a time when they especially needed it. Hence the myriad of complaints and grievances among children who have become adults, up to a complete reluctance to communicate with their careless “ancestors.” What can we say about caring for them or voluntarily maintaining them. It is no coincidence that on the pages of Internet forums there is a widespread opinion that it is not necessary to pay for the maintenance of alcoholic parents. However, this has nothing to do with reality, just like the fact that, for example, children must transfer a third of their earnings to support their parents. In a word, if everyone has their own conscience, then the law is the same for everyone - although, of course, it provides for certain subtleties and exceptions, which we will consider. But first, let’s formulate what the law means by alimony aimed at supporting disabled parents.
Responsibilities of parents in the educational sphere
The standards relating to the education of children are set out in the Federal Law of the Russian Federation No. 273 “On Education” dated December 21, 2012.
Responsibilities of parents for raising and maintaining children in addition to:
- choosing an educational institution,
- forms of education (full-time, correspondence, home),
- as well as the language of instruction (Russian, national or foreign)
also consist in constantly obtaining information about the formed curricula and teaching methodology.
Attending psychological examinations by a child is a parental right, as is protecting the interests of a minor.
A similar conclusion cannot be drawn about compliance with the rules and procedures of specific educational institutions. All this relates to responsibilities.
Parents must be directly involved in resolving conflict situations and disputes within the educational institution.
In any case, it is important not to bring the problem to the involvement of representatives of guardianship authorities or law enforcement agencies.
Who, when and under what conditions can count on receiving parental support from children?
The obligation of able-bodied children who have reached the age of majority to pay child support in favor of their parents arises primarily when the parents are disabled. In addition, children are required by law to support their parents when their own earnings or pensions are not enough to provide them with normal living conditions. Thus, the concepts of alimony for the maintenance of elderly parents, retired parents or disabled parents are, in fact, synonymous.
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Upbringing
The norms of Article 63 of the current Family Code of the Russian Federation reflect that the responsibility for education provides for:
- instilling good manners,
- comprehensive development,
- social interaction training
- and the desire to be in demand.
This implies comprehensive education: in spiritual, psychological and physical development.
With regard to the maintenance of children, in accordance with Article 80 of the Family Code of the Russian Federation, this is an obligation. Implying financial support for children until they reach the age of 18 or achieve emancipation.
As for the personal non-property rights and responsibilities of parents within the framework of upbringing, they are as follows:
- the right to full communication if children live with the second parent after a divorce;
- obligation to protect the interests of the child to individuals or legal entities;
- the right to moral development.
In what situations do children have the right not to pay child support?
The law provides for a number of exceptions that allow children not to pay financial assistance to their needy parents. They can be relieved of the need to support their parents in the following cases:
- The court found that the parents withdrew from fulfilling their parental responsibilities
- Parents were previously deprived of parental rights
- Parents are in the care of an organization or a citizen (citizens), for example, a parent has entered into an agreement providing for his lifelong support at the expense of this organization or citizen
- Parents live free of charge in homes for the disabled and elderly or some other inpatient social service organizations
Compulsory collection rules
Initially, it is recommended to try to solve the problem peacefully. For example, a parent may ask a son or daughter to pay a small amount of maintenance each month. If the child refuses to help the father or mother, then legal proceedings are initiated.
To do this, sequential actions are performed:
- a statement of claim is drawn up in the magistrate's court;
- the plaintiff does not have to pay a fee;
- the claim includes data regarding the relationship between the applicant and the defendant, and also lists the reasons why the elderly citizen needs financial assistance from children;
- Documents are attached to the application as evidence of the need for assistance;
- The claim can not only be brought in person to the court office, but also sent by registered mail.
To start a trial, you need a well-drafted claim, documents confirming the relationship, documents on the financial status of the plaintiff and defendant, and, if necessary, a petition to call a witness. The plaintiff can use the assistance of a representative for whom a notarized power of attorney is issued.
Cases concerning the assignment of alimony are considered expeditiously through the use of a simplified procedure. Therefore, the first meeting is scheduled one month after the claim is registered. The presence of both participants is required at the hearing, since the court must hear a representative of each party . The plaintiff’s right to receive alimony, his financial needs, as well as the financial condition of the defendants are assessed.
How to apply for child support for parental support?
Ideally, in order for parents to be able to receive regular financial assistance from their child, all that is required is a voluntary agreement that the children undertake to pay monthly alimony for the maintenance of their parents in one or another amount agreed upon by the parties.
“In order to conclude an alimony agreement, you need to contact a notary, since it must not only be drawn up in writing, but also notarized,” says Ekaterina Antonova. — In this case, the document must contain information about the amount of alimony for the maintenance of parents, as well as the terms, procedure and other conditions of these payments. In this case, the agreement must be signed by both parties. If at least one of the signatures or notarization is missing, this document may be declared invalid.”
To enter into an agreement, the parent and child must have their passports and the child’s birth certificate to prove their relationship. In addition, the child must present a certificate from his place of work, which will contain the amount of his earnings for the last three months of work.
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Concept and types of alimony obligations
When we hear the word “alimony,” we usually remember only the monthly payments that the father must pay to the children after a divorce (in the vast majority of cases, the court leaves the children with the mother). This is correct, but these obligations themselves are somewhat broader. Alimony obligations generally include all maintenance that members of the same family must legally provide to each other.
Family law identifies several types of such obligations:
- parents in relation to minor children;
- parents to adults, but children unable to work;
- children in relation to needy parents;
- spouses in relation to each other.
In addition, if there are no closer persons, alimony may be paid:
- grandchildren and grandparents;
- sisters and brothers to each other;
- stepsons and stepdaughters to a stepfather or stepmother.
However, with all this, the main obligations are precisely those that develop between parents and children. We’ll talk about them in more detail.
How to oblige children to pay child support through the court?
If the parents were unable to agree with their children on providing alimony for their maintenance, then the law provides for the collection of funds through the court. In this situation, the court determines both the degree of need for financial assistance and the amount of alimony for the maintenance of each individual parent in a fixed amount subject to monthly deductions. To do this, he correlates the income and general financial condition of the parent with the expenses that he requires to cover his needs - the purchase of food, clothing, medicines, payment of bills for housing and communal services, material rewards for caregivers and other needs - based on age , health status and other life circumstances.
When going to court, a parent must provide evidence of his need for financial support from his children, that is, the insufficiency of his own funds. This requirement is regulated by Article 56 of the Code of Civil Procedure of the Russian Federation. However, this does not mean that under any circumstances the plaintiff will be able to count on the maximum amount of financial assistance. After all, the court, in turn, is obliged to take into account the financial and marital status of the child: this requirement is set out in Part 3 of Art. 87 RF IC.
“In addition, the amount of payments is determined taking into account all of the plaintiff’s able-bodied children, regardless of whether a child support claim is brought against several children or one of them,” clarifies Ekaterina Antonova. “Other children may also be named as co-defendants in this case.”
In order to justify the required amount of alimony for monthly payments in a statement of claim for the recovery of a parent’s support, the parent must:
- Provide the court with generalized information about your monthly income from all sources (pension, social benefits, earnings, etc.);
- Indicate the amount of your monthly expenses;
- Compare the amount of your monthly income with the cost of living in the region in which the plaintiff lives.
The decision to collect parental benefits from children is made by the magistrate no later than one month from the time the parent filed the claim. According to Art. 211 of the Code of Civil Procedure of the Russian Federation, the decision is subject to immediate execution.
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Parents' alimony obligations towards children after divorce
The law directly establishes the obligation of parents to support their minor children. How exactly and in what form this content occurs is an internal matter for the family. However, there are situations when these relations involuntarily come out into the open and it is necessary to involve third-party bodies in their regulation. The most common example of this development is divorce.
In Russia, everyone is guaranteed freedom of marriage: every adult and capable citizen has the right to marry anyone, except close relatives, and has the right to divorce. Moreover, as a result of divorce, the relationship is dissolved only between spouses - but not between parents and children. And in this case, the spouse with whom the children remained (usually the mother) has the right, on their behalf, to demand that the former spouse participate in the costs of their maintenance.
The amount of these costs can be determined:
- according to the agreement concluded between the parents;
- or by a court decision, if it was not possible to reach an agreement peacefully.
In turn, the court can collect alimony payments:
- in the form of a certain share of the spouse’s earnings and other income;
- in the form of a flat sum paid monthly (this method is usually used if the spouse does not have a regular income or he receives income in foreign currency or in the form of payment in kind).
Does the right to alimony apply to citizens living in other countries?
Article 118 of the RF IC indicates that if a citizen leaves for permanent residence in another state, then he is also entitled to voluntarily sign an agreement on the transfer of alimony with those family members whom he needs to support on the basis of the law.
“If an agreement is not reached, then, by analogy with the previous situation, the interested person has the right to come with an application to the court, demanding that the amount of alimony be established and its collection by transferring him a lump sum payment, providing one or another property as payment, or in some other way, provided for by law,” explains Ekaterina Antonova.
When necessary
Financial support is forcibly assigned only if there are compelling reasons and certain conditions are met.
Only parents who, due to age or health status, are unable to continue working can apply for payments. If the father receives a pension, but the payment amount is below the minimum wage, then he may demand additional payment from his son or daughter.
The obligation to support parents is only for persons who meet the following conditions:
- reaching adulthood;
- availability of work ability;
- parents, based on a court decision, are recognized as in need of financial support;
- the person has an official income.
Reference! During the trial, the court evaluates the financial situation of both the plaintiff and the defendant. It is necessary to make sure that the adult child has an income that allows him to allocate a certain amount for child support. Therefore, the presence of minor children or other dependents is taken into account.
Child support for parents: judicial practice from an expert
In 2010, citizen B. exercised the legal right to file a claim in court against her adult son A. to collect 10 thousand rubles from him monthly for her maintenance. To substantiate her claims, the citizen indicated that she is not just his mother, but also a pensioner and a disabled person of group 2-1, and also suffers from various diseases and needs care and the purchase of medicines. At the same time, her only income is an old-age pension, and her son refuses to voluntarily help her. The defendant did not appear at the court hearing and did not admit the claims. At the same time, the magistrate refused to satisfy citizen B.’s claim.
Having checked the case materials and considered the arguments set out in the supervisory appeal, the supervisory court found the court decisions subject to cancellation on the following grounds:
- the court did not take into account the provisions of the Constitution of the Russian Federation, which establish the unconditional and primary duty of adult able-bodied children to provide for their disabled parents in need. In addition, the financial situation and family circumstances of the children do not matter, since the transfer of alimony is within the scope of their constitutional responsibilities;
- the court did not allow the parties to discuss the issue of the relationship between the plaintiff’s needs and her income: the fact that citizen B. has a pension and also enjoys periodic support from the state due to disability does not serve as a reason for refusing her alimony.
Taking into account the above, B.’s civil case was sent for a new trial with a different composition of judges. As a result, the claim for alimony was satisfied.
Legislative regulation of the issue
The Constitution of the Russian Federation interprets the concepts of motherhood and childhood as the main family and moral values of the state.
For this reason, all aspects related to raising children before they reach adulthood are specified in a number of legislative acts. It is not so important whether the child has a complete family or whether the mother and father are divorced. Or, for example, children are raised by one parent due to the death of the other. Any situations applicable to various categories of parents (single parents, adoptive parents, minors) are also regulated by law.
In total, there are about 140 legal acts, based on which one can make a judgment regarding each specific situation. However, there are 4 laws that are of particular importance.
