Termination of child support payments in 2021: for a child upon reaching 18 years of age, what documents are needed

Is child support paid after 18 years of age?

• in paragraph 1 of Art. 80 of the RF IC clearly stipulates that parents’ obligation to support applies only to minor children;
• clause 2 art. 120 of the RF IC designates that one of the conditions for terminating the payment of alimony is when a needy child reaches the age of majority.

Alimony payments to a disabled child are established in a fixed amount of money (clause 2 of Article 85 of the RF IC) so as not to depend on the income of the paying parent and its size, while the need of the recipient person and his need for additional expenses (medicines, payment for treatment, rehabilitation measures, etc.

Until what age is child support paid if the child is studying at a university?

In Russia, the obligation to pay child support after the age of 18, if the child is a full-time student at a university (full-time student), is not legally established. Participation of the parent from whom child support was collected in paying for education is possible on a voluntary basis by agreement of both parents (and, if necessary, the child). This possibility can also be confirmed in writing when drawing up a notarial alimony agreement.

However, in 2015, on September 7, 2015, M.M. was a deputy of the State Duma. Abasov, draft law No. 876581-6 “On Amendments to the Family Code of the Russian Federation” was introduced, providing for the payment of alimony to persons under 24 years of age, taking into account their full-time education in any educational organizations until its completion.

This bill was rejected due to its groundlessness: in the response of the Government of the Russian Federation to the presented bill, it was stated that from the age of 18 children receive legal capacity and are obliged to take care of their disabled parents, and parents are legally assigned the right only to provide their child with basic general education.

How to collect alimony arrears after 18 years of age?

To find out whether the payer has a child support debt at all and to find out its size, the claimant or the child himself, who has reached the age of 18, can contact the bailiff conducting the proceedings with an application for issuing a resolution to calculate the debt.

If it turns out that alimony proceedings in the case at the Office of the Federal Bailiff Service (UFSSP) have been closed due to the child reaching the age of 18, and the payer has an alimony debt, the claimant or an adult must protest the closure of the enforcement proceedings until the debt is fully repaid.

This can be done by submitting an application to the Federal Bailiff Service to resume enforcement proceedings. The result of filing such an application will be the re-initiation of a child support case, and the bailiffs will be obliged to resume forced collection of debt from the person, despite the child’s majority.

Maximum amount withholding

Calculate your salary with alimony deduction in the web service

Thus, in any case, more than 70% cannot be withheld from an employee’s salary. Moreover, deduction in the specified amount is possible solely to satisfy the above requirements (alimony for minor children, harm to health, etc.). If the collection is made to satisfy other requirements, then no more than half of the earnings are collected. It might seem like a simple rule, but in practice it still causes problems. Especially when the organization has several writs of execution, each of which requires deductions to be made in a certain amount. Let's look at specific examples.

Alimony after 18 years in Russia

If a parent refuses to continue making payments after the child reaches adulthood on a voluntary basis, then the mother (or father) of the child, who continues to raise him (or the child himself), may file a claim for the recovery of alimony in court. The court will take into account the family and financial situation of the parties and other circumstances, and then issue its decision. You can count on a positive outcome of the case only in very rare cases - according to the law, parents are still not required to pay child support to student children after 18 years of age. Alimony for disabled and needy children after 18 years of age Much more convincing arguments for a judge who decides to pay alimony after 18 years of age are incapacity for work and the need for constant care (or poor financial situation). Child support from the age of 18 Many people are interested in the question of child support after the age of 18, whether it is possible by law, and until how many years alimony is paid in Russia. The fact is that child support payments are not always made strictly until the child’s 18th birthday. Sometimes he acquires full legal capacity earlier.

In particular, when entering into marriage on the grounds permitted by Russian law, or in the event of emancipation. Emancipation is understood as legal capacity that follows from the full-fledged work activity of a child from the age of 16 - work under an employment contract or contract, as well as engaging in entrepreneurial activity with the consent of parents or guardians. The last amount of alimony is withheld from the full income for the previous month minus personal income tax (Part 1, Article 99 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”, hereinafter referred to as Law No. 229-FZ). Birthday in the middle of the month. The amount of income from which alimony is withheld in the month of the child's majority must be calculated in proportion to the number of working days (shifts, hours, etc.) during the period of the child's minority. Note that in order to determine the amount of alimony to be withheld, the amount of income calculated taking into account the proportion must also be reduced by the amount of personal income tax withheld from this part of the income. Let's look at the calculation of the last amount of child support for a child who turned 18 in the middle of the month using an example. Example 1. The company withholds alimony under a writ of execution in favor of an employee’s minor child.

Return of ability to work, cancellation of need

Alimony payments are collected not only from teenagers, but also from adult citizens of the Russian Federation - based on their disability group and need.

If one of these 2 mandatory conditions—disability and need—lose their effect, the alimony payer applies to a court to terminate financial support for an adult child.

To the claim for termination of payment of money for a teenager, documents must be attached that confirm the return of ability to work or lack of need.

The return to work capacity of a disabled person of group 1, 2 or 3 is confirmed by expert doctors from a medical social institution when conducting a comprehensive examination of the health status of an adult.

Need is considered a conditional concept. In each individual case, the judge evaluates the financial situation (salaries and expenses), family status (presence of dependent relatives in the family, guardianship by other close people), and also pays attention to other arguments.

If the ability to work is returned or there is no need for alimony, the judge will terminate financial support for adult children in a court order.

Grounds for termination of alimony obligations

Termination of alimony obligations is regulated at the legislative level. This issue is discussed in paragraph 1 of Article 120 of the RF IC. In accordance with this legislative standard, alimony relationships can be terminated under the following circumstances:

• If one of the parties to the alimony agreement suddenly died;
• If the contract has expired and the parties do not intend to renew it in the future;
• When children reach 18 years of age. In some situations, child support obligations may be extended until the child receives higher education;

As a result of the occurrence of other conditions that are provided for in accordance with the provisions of alimony agreements. For example, this could be the restoration of the alimony recipient’s ability to work, or the improvement of the recipient’s financial circumstances, as a result of which he will not need financial assistance from the payer.

Alimony agreement

Termination of alimony obligations occurs on the following grounds:

• the duration of the agreement has come to an end;
• the agreement spelled out the situations that would result in release from alimony obligations, and they occurred;
• the child/support provider has died.

Even if the agreement was certified in the past by an employee of a notary agency, the law does not force you to re-apply to it - financial obligations will be terminated automatically.

Judgment

In this case, the grounds for termination of financial support will be as follows:

• the child has acquired legal capacity: reached the age of 18 or, before reaching it, entered into an official marriage union, registered himself as an individual entrepreneur, and began working under an employment contract;
• the child was adopted by his wife’s new boyfriend (this will require the consent of the biological father or a procedure for depriving him of parental rights);
• the child/support provider has died.

If funds were transferred to a child 18 years old who was deprived of the ability to work, then upon its restoration, alimony is no longer paid. Disability should be confirmed by a medical report, a certificate of income (if it is necessary to prove the fact that, due to circumstances beyond his control, the child receives less than the minimum subsistence level established in the region of his residence).

As for the full-time education of an adult child at a university, in this case, parents are no longer required to provide him with financial support by law. But most often, adults support an adult child on a voluntary basis.

Attention! If, when the child reaches 18 years of age, the child support provider has arrears in cash payments, then he will be obliged to pay all his debts. From the date the person receiving alimony filed the claim, the court takes into account the last 36 months.

If the alimony holder becomes aware that the financial situation of his ex-wife has significantly improved, he has the right to go to court to reduce the amount of alimony or cancel it completely. Thus, it is possible to cancel alimony payments in connection with the marriage of the ex-wife, as a result of which the financial condition of the spouse has significantly improved.

Another basis for canceling alimony is challenging paternity. A parent who doubts the child’s parentage can apply to the court to conduct a genetic examination. If the expert determines that the child was conceived from another person, then the applicant will no longer make any child support payments. The accuracy of genetic testing data is high - more than 99.98%.

Appeal to the bailiff

In this case, you will need to inform the FSSP employee about the death of the minor, or that the child has acquired legal capacity. After this, the employee will draw up a resolution indicating the completion of enforcement proceedings. As a result, the provision of financial support based on the court decision will be terminated.

The bailiff's decision will be submitted to the court.

Measures taken previously - for example, the seizure of the debtor's property - are cancelled.

Going to court

You will need to initiate an appeal to the magistrates' court by filing a statement. It states the reasons why, in the applicant’s opinion, the amount of alimony requires revision. You also need to provide evidence.

The application should include the following information:

• the name of the judicial authority (you should contact the same court that in the past considered the case regarding the establishment of alimony payments);
• Full name of the applicant and defendant, residential addresses of the parties;
• circumstances for establishing alimony payments;
• circumstances for termination of financial support;
• request to cancel alimony payments;
• signature of the applicant, date of preparation of the document.

We invite you to familiarize yourself with Alimony payment order payment purpose

What documents are needed:

• passport;
• statement;
• court order (you will first need to make a photocopy).

Expiration of the alimony agreement

Basically, alimony agreements, which relate to the maintenance of minor children, are limited in their effect. These include those that establish the obligation to support a person until he is fully restored to health or regains a financially stable position.

In this case, when concluding such an agreement, a maximum possible period is established, the occurrence of which completely removes the obligation to pay alimony, and the agreement is subject to termination.

It should be borne in mind that by decision of the parties, or in accordance with a court ruling, the validity period of the agreement can be adjusted. As an example, we can cite the situation if the recipient of the payments corrects his financial situation before the scheduled date and becomes financially stable, the alimony holder has every reason to go to court with a request to remove his financial obligations.

If the deadline for the agreement has expired and the recipient still needs financial support, then he can also go to court with the intention of extending the agreement.

Grounds for dismissal of a claim

How to cancel child support? The court does not always side with the applicant. He may reject the claim for cancellation of alimony if the grounds for termination provided by law are not met.

1. If financial support was intended for a disabled child, cancellation due to adulthood is not always possible. In accordance with the law, disabled people of groups 1 and 2 are entitled to lifelong maintenance.
2. If the payer's income has decreased significantly or he has lost his job, it is impossible to stop collection. If financial support is collected in a fixed amount, the amount may be reduced. With a percentage deduction, a reduction in the share is possible.
3. If the alimony payer has become disabled, it is impossible to cancel the enforcement proceedings. Alimony payments will be deducted from the disability pension.

A mandatory condition for termination of collection is a court decision. If a citizen independently stops paying financial support, sanctions provided by law will be applied to him.

Emancipation

When a minor is emancipated, the declaration of legal capacity in order to obtain the full scope of rights and obligations occurs by an act of a local government body.
To issue such an act, a personal application of the child + consent of legal representatives is required. If the parents refuse to exercise custody, the person has the right to go to court to remove it. Recognition of a person as legally competent is possible in case of individual entrepreneurial activity, employment in accordance with labor legislation, or marriage.

Important

Termination of deductions for the maintenance of an emancipated person is possible only when the payer contacts the bailiff service with the relevant act of the local government body, otherwise deductions in favor of the minor will be made until he reaches adulthood.

When does child support end if the child is over 18?

The district court will consider the case only if the award of alimony is related to the establishment of paternity;

Do I need to tell the judge that alimony will stop when I turn 18?

The body that makes the decision to cancel alimony can be represented by the court or the FSSP, depending on the information contained in the writ of execution on the assignment of the submitted deductions.

The writ of execution must contain information about the date of birth of the payee and the validity period. As a rule, when issuing such a document, the bailiff indicates the period for payment of alimony “until reaching the age of majority.” In the presented situation, the procedure for canceling mandatory contributions to the child’s account is much easier, since the parent paying the alimony only needs to contact the FSSP for the issuance of a new writ of execution based on the data of the previous one, and in the future there is no need to notify the judge.

If for some reason the writ of execution does not contain information about the validity period, in order to cancel alimony it is necessary to file a claim in the magistrate’s court, which, based on the evidence provided, makes a decision to cancel the deductions for minors.

How to withhold alimony from the income of a disabled person

A disabled person needs outside care and additional expenses for his maintenance. On this basis, the court may reduce the amount of alimony. However, the accountant should not independently reduce the amount of alimony specified in the writ of execution. Regardless of the presence of applications from a disabled employee about the need to reduce the amount of alimony, you must be guided by the rules specified in the writ of execution (agreement on the payment of alimony).

Example

When do they stop making contributions for financial support according to the law?

If the child is 18 years old and the child support debt remains

It is the achievement of the age of full legal capacity that is the main reason for stopping making financial contributions to the child’s account from the salary of a parent who does not live with him in the same family. In order for the cancellation of alimony to be legal and to avoid the accumulation of debt, the payer parent should contact the magistrate’s court to consider the case and issue a court decision on the cancellation of the obligation and the Federal Bailiff Service to the specialist who was in charge of the collection proceedings. .

In this case, the person who is entrusted with the obligation to pay alimony payments must provide documentary evidence that the recipient has reached the age of majority. The court considers the evidence provided and a statement of a certain sample drawn up by the alimony payer, after which it issues a decision, on the basis of which the bailiff issues a writ of execution containing information about the end of the circumstances in which the son or daughter needed financial assistance from the parents.

The law connects the abolition of alimony with the child acquiring full legal capacity

Based on this writ of execution, the paperwork for the collection of alimony is closed, and a document is sent to the accounting department of the enterprise to stop making monetary deductions from the salary of the parent living separately.

Important! Even if there is a writ of execution for release from the obligation to pay alimony, the alimony payer is not released from the obligation to repay the debt for the last three years, if any.

Adoption by third parties

This is possible after 6 months from the date of deprivation of the parent’s rights or with his consent in the form of a voluntary renunciation of paternity or his responsibilities. If the payer submits a corresponding application and provides a court decision that has entered into legal force, the collection of funds may be terminated.

The law provides for the possibility of a child retaining personal property rights after adoption; in this case, there is only one way to terminate it - in court and at the request of the person paying alimony.

How to register the fact of termination of alimony

The establishment of financial payments can occur on the basis of an alimony agreement and a court order. The list of grounds in both cases differs slightly. Termination of alimony obligations occurs on the following grounds:

• the duration of the agreement has come to an end;
• the agreement spelled out the situations that would result in release from alimony obligations, and they occurred;
• the child/support provider has died.

In this case, the grounds for termination of financial support will be as follows:

• the child has acquired legal capacity: reached the age of 18 or, before reaching it, entered into an official marriage union, registered himself as an individual entrepreneur, and began working under an employment contract;
• the child was adopted by his wife’s new boyfriend (this will require the consent of the biological father or a procedure for depriving him of parental rights);
• the child/support provider has died.

If funds were transferred to a child 18 years old who was deprived of the ability to work, then upon its restoration, alimony is no longer paid. Disability should be confirmed by a medical report, a certificate of income (if it is necessary to prove the fact that, due to circumstances beyond his control, the child receives less than the minimum subsistence level established in the region of his residence).

As for the full-time education of an adult child at a university, in this case, parents are no longer required to provide him with financial support by law. But most often, adults support an adult child on a voluntary basis.

If the alimony holder becomes aware that the financial situation of his ex-wife has significantly improved, he has the right to go to court to reduce the amount of alimony or cancel it completely. Thus, it is possible to cancel alimony payments in connection with the marriage of the ex-wife, as a result of which the financial condition of the spouse has significantly improved.

Sometimes, even after the dissolution of a marital relationship, a man is obliged to financially support his ex-wife. So, if the marriage was dissolved during the woman’s pregnancy (by law this is only possible at the request of the wife - the husband does not have the right to file for divorce in such a situation), then the man will need to support her until the child is born.

After the child is born, his mother is on maternity leave until he reaches 3 years of age. A woman has the right to receive payments both for the child until he comes of age, and for himself within 3 years after giving birth. This is explained by the inability of a woman to go to work and independently provide for herself and her child.

When the spouse lost her ability to work within 5 years after the divorce (and the marriage was quite long), she also has the right to initiate a judicial review of the case in order to establish alimony for herself.

If the spouses entered into an agreement on alimony, then the document contains conditions for the collection of financial resources and the termination of their payments. If the life circumstances of the alimony recipient have changed for the worse, then he can file a claim with the court to have the amount of alimony revised or canceled altogether.

When a woman enters into a new marriage, the court has the right to cancel the payment of alimony to her ex-wife.

Finally, if one of the participants in the alimony case dies, then payments stop automatically.

The law reflects that the last day of payment of alimony upon reaching 18 years of age is considered to be the eve of the child’s birthday. However, after this, collection does not automatically stop. In order for funds to stop being written off, you will need to take a calculation of payments from the company’s accounting department and submit the documents to the bailiff handling the case.

If a child has been declared legally incompetent under the age of 18, he or she will need to file a claim in court. The termination of payments is carried out in accordance with newly discovered circumstances. The application will need to be supported by documents. So, you can attach a marriage certificate or a certificate from the child’s place of work.

At the time of completion of the alimony case, the debt obligations of the payer are considered. If not all the funds have been provided, the child himself, who has reached the age of 18, has the right to file an application with the court demanding recovery of the remaining amount. It is recommended that you first obtain a certificate containing information about the amount of debt, penalties and fines.

The document is provided by the bailiff service. Having received an appeal from a citizen, the court orders repayment of the debt. Additionally, the procedure for fulfilling obligations is fixed. The law allows you to appeal a court decision. To do this, the defendant must apply within the prescribed time frame. The application is submitted to a higher authority.

What does judicial practice say?

The category of alimony cases is quite difficult to consider from the point of view of ethics and morality, since the child is not to blame for the separation of his parents and has every right to decent provision. However, sometimes the alimony payer can challenge such payment.

An analysis of the materials in this category of cases indicates that most often alimony payers go to court with a demand for exemption from their payments/debts due to a change in the child’s place of residence and difficult financial/family situation.

Below is a brief overview of judicial practice, which allows us to find out how legal norms of legislation are applied when courts consider this category of cases.

A review of judicial practice allows us to draw the following conclusions:

1. The court will exempt the payer from paying arrears of alimony in the presence of two circumstances: the debt arose for good reasons (his military service/his incapacity for work, etc.) and his difficult financial/family situation did not allow him to pay off this debt - case No. 2-8080/ 2019, case No. 2-25/2020.
2. If the child lives with the plaintiff on a permanent basis, the court may release the payer. At the same time, as supporting evidence, the court accepts: documents (certificate of registration of the child/certificate of family composition, etc.), testimony of the minor himself/witnesses and the period of residence of the child with the plaintiff - case No. 2-472/2019, case No. 2- 1348/2019, case No. 2-3362/2019.
3. In cases of challenging paternity and exemption from payment of alimony, the courts take into account the results of the examination or the petition for its conduct (if the defendant evades its conduct) in conjunction with other evidence in the case - case No. 2-88/2020, case No. 44-KG19 -17, case No. 2-8134/2018.

Changing the amount of child support when one of the children reaches 18 years of age

According to the general rule of Art. 81 of the RF IC, deductions for maintenance are assigned up to 18 years of age. This provision of Art. 120 of the Family Code, which provides that one of the grounds for stopping the payment of amounts on account of material support is the acquisition of full legal capacity by the person on whose account they were paid.

When determining the amount of the obligation to financially participate in raising a child, the court relies on the amounts established by Article 81 of the IC of Russia:

• for one minor no more than a quarter of the average monthly earnings of the alimony payer;
• for two - within a third of the salary of the parent who does not live with the child;
• for three – half.

Accordingly, the amount of deductions depends on the number of children. When one of them reaches the age of majority and acquires full legal capacity, it is necessary to recalculate the amount collected.