Article 80 of the RF IC. Responsibilities of parents for the maintenance of minor children

The Russian Family Code establishes the obligation for parents to provide material support for children under the age of majority. The priorities of the child come first in domestic legislation. The material contains comments on the articles of the Family Code of the Russian Federation regarding child support.

Article 80 of the RF IC: responsibilities of parents for the maintenance of minor children

Art. 80 of the Family Code contains instructions on the material obligations of parents to minor children. Below - more details about its content.

Comments to Art. 80 IC RF

In addition to the obligation of maintenance, it is provided that the mother and father have the right to independently determine the procedure and form of material support for the children. The parties can differentiate and clarify the content of obligations towards the child by concluding an appropriate agreement, including regarding the payment of alimony, which must comply with the requirements set out in this code.

If the mother or father evades voluntary payment of alimony, the other party has the right to apply to the court to make an appropriate decision on forced payment.

Note! The Code provides for the possibility of the parties reaching a voluntary agreement regarding alimony payments, duly formalized and taken into account by the court when considering this issue.

In addition to spouses, representatives of the guardianship service have similar opportunities, who have the right to petition the judicial authority to assign alimony if the mother or father neglects this right.

Article 81 of the RF IC on the amount of alimony payments assigned for the maintenance of children under the age of majority, based on the results of an appeal to the court

This determines the amount of payments that must be collected as alimony for minor children. Let's consider these points in more detail.

Explanations to Art. 81 IC RF

The amount of monthly payments for alimony is determined based on the income of the parent against whom the claim has been filed with the court. The amount of money depends on the number of children, amounting to:

• with one - up to twenty-five percent;
• for two – up to thirty-three;
• for three or more – within fifty percent.

Note! The percentage of the withheld amount from the payer’s income is determined based on the number of minors that the parent must support.

The court, when determining the amount of alimony, should not strictly adhere to the prescribed restrictions. The court must make a final decision based on the financial situation of each party and the needs of the minor. As a result, the amount may be increased or decreased, depending on the circumstances surrounding the trial.

Among the circumstances taken into account, the code takes into account the reasons mentioned in Resolution of the Plenum of the Armed Forces of the Russian Federation No. 56, adopted in December 2021. A decrease or increase in the amount of alimony payments is possible if the payer or plaintiff points to the following points:

1. the need to support other children under age;
2. insufficient income;
3. health problems that require expensive treatment or lead to loss of ability to work;
4. the need for additional costs to restore the health of another minor.

In this case, the court may take into account the above circumstances, provided that their validity is confirmed by relevant documentary evidence - medical reports, doctor’s prescriptions, address certificates, birth certificates of other children and other papers.

Amount of child support for parents in 2021

It is worth immediately noting that the current Family Code of the Russian Federation does not establish a maximum and minimum threshold for alimony payments to parents. The actual amount, in most cases, is assigned in each case individually, since ambiguous and non-fixed values ​​are used to calculate it (the needs of the parent, the total income of the child, his marital status, etc.). At the same time, payments can be made in a fixed amount of money, based on the proportion of the minimum wage (minimum wage) and regular monthly payments (according to Article 87 of the RF IC).

Thus, even in cases where the parents filed a claim with the court to receive alimony from one of their five able-bodied children, the court has the legal right to divide the amount among all children, assigning mandatory payments, after considering the family and financial situation of each child.

Expert opinion

Oleg Ustinov

Practicing lawyer, author of the website “Legal Ambulance”, one of the co-founders of the “Our Future” foundation.

The amount of payments to the parents is assigned solely on the basis of the officially confirmed income of the alimony payers, and all necessary information about the amount of wages or other types of earnings/profit of the children or the child payer is provided by the plaintiff when filing an application with the court. If the plaintiff cannot obtain such documents on his own, he must ask the court to assist in obtaining these documents.

At the same time, although the maximum amount of alimony to parents is not established by the legislator, there is a certain threshold for such payments, amounting to no more than 70% of the payer’s total income and only after he has paid the appropriate taxes (according to Federal Law No. 299, adopted on October 2, 2007). Thus, the alimony payer must have at least 30% of his earnings left to provide for his personal life.

Speaking specifically about the amount of payments, it is worth noting that the actual amount is assigned, first of all, to ensure the minimum needs of the parent, and the size of such amounts today, as a rule, is rarely large, even with impressive salaries of payers.

Child support for disabled parents in 2021

In 2021, disabled parents can still count on receiving regular payments from their children if the mother/father is fully or partially capable and the children are adults and able-bodied. At the same time, there are a number of nuances regarding the disability group, whether the children have other dependents and their financial situation, which may affect the amount of alimony.

So, with disability groups 1 and 2, the court will 99% support the parents’ side!

But, alimony for parents with group 3 disabilities, as a rule, is assigned only in cases where such a father or mother cannot for a long time get a job that was recommended to them after passing a medical commission (usually, such a job should be located at the place of residence and not be difficult to implement).

The parent must attach all documents and certificates confirming disability to the claim when submitting the corresponding application to the court.

Section III. Rights and responsibilities of spouses

Chapter 6. Personal rights and obligations of spouses

• Article 31 – Equality of spouses in the family
• Article 32 – Right of spouses to choose a surname

Chapter 7. Legal regime of property of spouses

• Article 33 - The concept of the legal regime of marital property
• Article 34 – Joint property of spouses
• Article 35 – Possession, use and disposal of common property of spouses
• Article 36 – Property of each spouse
• Article 37 – Recognition of the property of each spouse as their joint property
• Article 38 – Division of common property of spouses
• Article 39 - Determination of shares when dividing the common property of spouses

Chapter 8. Contractual regime of property of spouses

• Article 40 – Marriage contract
• Article 41 – Conclusion of a marriage contract
• Article 42 - Contents of the marriage contract
• Article 43 – Change and termination of the marriage contract
• Article 44 – Invalidation of a marriage contract

Chapter 9. Responsibility of spouses for obligations

• Article 45 – Foreclosure of property of spouses
• Article 46 - Guarantees of the rights of creditors when concluding, amending and terminating a marriage contract

Section I. General provisions

Chapter 1. Family legislation

• Article 1 - Basic principles of family law
• Article 2 - Relations regulated by family law
• Article 3 - Family legislation and other acts containing family law norms
• Article 4 - Application of civil legislation to family relations
• Article 5 – Application of family law and civil law to family relations by analogy
• Article 6 - Family law and international law

Chapter 2. Exercise and protection of family rights

• Article 7 – Exercise of family rights and fulfillment of family responsibilities
• Article 8 - Protection of family rights
• Article 9 - Application of the limitation period in family relations

Participation of adult children in expenses for parents in 2021

According to Article 88 of the Family Code of the Russian Federation, children are also required to bear additional expenses when providing for their disabled and needy parents. This becomes appropriate if the following grounds exist:

• disability or injury of the father or mother;
• payment for regular medical care;
• long and complex treatment.

These expenses are paid along with basic alimony payments, as a rule, when children do not have the opportunity to provide adequate care for parents who are in the hospital or undergoing complex treatment at home.

The actual final amount of additional payments may be influenced by the marital status of the parties and their financial condition. Like basic alimony, this type of expense can be divided proportionally between all children.

Also, it is worth noting that the parties can stipulate additional amounts for the maintenance of parents in the agreement on voluntary payments. However, it must be concluded separately from the main contract, and not be part of its content. Such expenses are paid monthly in a fixed amount.

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Be careful, because there is a difference between special payments and alimony! The second ones are appointed based on the direct responsibility to take care of the mother or father, and the first ones are appointed only when special conditions are formed that are inseparable from health and life.

Child support for retired parents in 2021

If the income of the mother or father is minimal after the parent’s retirement, the child or children are obliged to provide regular support and care, providing all possible financial assistance, as a result of which retired parents can receive alimony from their daughter or son until their pension is increased or the parents will not have another source of income (according to Article 87 of the Family Code of the Russian Federation).

In addition, a retired parent may request alimony if his income is below the subsistence minimum (subsistence level) established for pensioners in the region of residence.

Expert opinion

Lyudmila Kim

Invited expert: author of the “Child Support” blog, practicing family lawyer, 7 years of experience.

If able-bodied adult children have a small total income or they have other dependents (for example, small children), when considering their case, the court is obliged to take these factors into account when calculating the amount of alimony or making a decision on satisfying other claims of the plaintiff.

Thus, we highly recommend that parents and children try to agree on making regular payments, and then draw up an agreement on voluntary alimony payments for the parents, preserving one of the most important things - the family and good relationships within it.

Section IV. Alimony obligations of family members

Chapter 13. Maintenance obligations of parents and children

• Article 80 - Responsibilities of parents for the maintenance of minor children
• Article 81 - Amount of alimony collected from minor children in court
• Article 82 - Types of earnings and (or) other income from which alimony for minor children is withheld
• Article 83 – Collection of alimony for minor children in a fixed sum of money
• Article 84 – Collection and use of alimony for children left without parental care
• Article 85 – Right to alimony for disabled adult children
• Article 86 – Participation of parents in additional expenses for children
• Article 87 - Responsibilities of adult children to support their parents
• Article 88 – Participation of adult children in additional expenses for parents

Chapter 14. Alimony obligations of spouses and former spouses

• Article 89 – Obligations of spouses for mutual maintenance
• Article 90 – The right of the former spouse to receive alimony after divorce
• Article 91 - Amount of alimony collected from spouses and former spouses in court
• Article 92 – Release of a spouse from the obligation to support the other spouse or limitation of this obligation for a period

Chapter 15. Alimony obligations of other family members

• Article 93 - Responsibilities of brothers and sisters for the maintenance of their minor and disabled adult brothers and sisters
• Article 94 - Obligations of grandparents for the maintenance of grandchildren
• Article 95 – Obligation of grandchildren to support grandparents
• Article 96 - Obligation of pupils to support their actual educators
• Article 97 - Responsibilities of stepsons and stepdaughters to support their stepfather and stepmother
• Article 98 - Amount of alimony collected from other family members in court

Chapter 16. Agreements on payment of alimony

• Article 99 – Conclusion of an agreement on the payment of alimony
• Article 100 – Form of agreement on payment of alimony
• Article 101 - Procedure for concluding, executing, changing, terminating and invalidating an agreement on the payment of alimony
• Article 102 - Invalidation of an agreement on the payment of alimony that violates the interests of the recipient of alimony
• Article 103 - Amount of alimony paid under an agreement on the payment of alimony
• Article 104 - Methods and procedure for paying alimony under an agreement on the payment of alimony
• Article 105 - Indexation of the amount of alimony paid under an agreement on the payment of alimony

Chapter 17. Procedure for payment and collection of alimony

• Article 106 – Collection of alimony by court decision
• Article 107 – Time limits for applying for alimony
• Article 108 – Collection of alimony until the dispute is resolved by the court
• Article 109 – Obligation of the organization’s administration to withhold alimony
• Article 110 - Withholding of alimony on the basis of an agreement on the payment of alimony
• Article 111 - Obligation to report a change of place of work of a person obligated to pay alimony
• Article 112 – Levy of execution on the property of a person obligated to pay alimony
• Article 113 – Determination of alimony debt
• Article 114 – Exemption from payment of arrears of alimony
• Article 115 – Liability for late payment of alimony
• Article 116 - Inadmissibility of offset and reverse collection of alimony
• Article 117 – Indexation of alimony
• Article 118 - Payment of alimony in the event of a person obligated to pay alimony leaving for a foreign country for permanent residence
• Article 119 – Changing the amount of alimony established by the court and exemption from paying alimony
• Article 120 – Termination of alimony obligations

Section IV. Rights and responsibilities of parents and children

Chapter 10. Establishing the origin of children

• Article 47 - Grounds for the emergence of rights and obligations of parents and children
• Article 48 – Establishing the origin of a child
• Article 49 – Establishment of paternity in court
• Article 50 – Establishment by the court of the fact of recognition of paternity
• Article 51 – Entry of the child’s parents in the birth register
• Article 52 – Challenging paternity (maternity)
• Article 53 – Rights and obligations of children born from unmarried persons

Chapter 11. Rights of minor children

• Article 54 – The right of the child to live and be raised in a family
• Article 55 – The child’s right to communicate with parents and other relatives
• Article 56 – The child’s right to protection
• Article 57 – The child’s right to express his or her opinion
• Article 58 – The child’s right to a first name, patronymic and last name
• Article 59 – Changing the child’s first and last name
• Article 60 – Property rights of the child

Chapter 12. Rights and responsibilities of parents

• Article 61 – Equality of rights and responsibilities of parents
• Article 62 – Rights of minor parents
• Article 63 – Rights and responsibilities of parents regarding the upbringing and education of children
• Article 64 – Rights and obligations of parents to protect the rights and interests of children
• Article 65 – Exercise of parental rights
• Article 66 – Exercise of parental rights by a parent living separately from the child
• Article 67 – The right to communicate with the child’s grandparents, brothers, sisters and other relatives
• Article 68 – Protection of parental rights
• Article 69 – Deprivation of parental rights
• Article 70 - Procedure for deprivation of parental rights
• Article 71 - Consequences of deprivation of parental rights
• Article 72 – Restoration of parental rights
• Article 73 – Restriction of parental rights
• Article 74 - Consequences of restriction of parental rights
• Article 75 – Contacts of a child with parents whose parental rights are limited by the court
• Article 76 – Cancellation of restrictions on parental rights
• Article 77 – Removal of a child in the event of an immediate threat to the child’s life or health
• Article 78 - Participation of the guardianship and trusteeship authority in the court's consideration of disputes related to the upbringing of children
• Article 79 – Execution of court decisions in cases related to the upbringing of children

Improper performance of parental responsibilities: consequences

The consequences themselves are divided into several types depending on the seriousness of the violation of duties towards the child: civil, administrative and criminal liability.

In fact, many families are trying to fully fulfill their responsibilities for supporting and raising their children. Of course, they do this the way they see this process, the way they understand their obligations. And often it is precisely this circumstance that comes to the forefront when they are reproached for improper performance of duties towards children.

See also:

The procedure for challenging paternity

But the problem is that mom and dad are not aware of all their rights and obligations and behave the way their parents once did to them. And today this is already fraught. For example, if in the old days it was believed that it would not be out of place to be beaten with rods (and in some places this was the main method of education!), then in modern society a child cannot be beaten. Moreover, for this, punishment is already provided for the parents themselves, including in the form of deprivation of rights.

The second problem is that it is difficult to determine whether dad and mom are fulfilling their responsibilities in supporting and raising children if someone does not see them constantly. Therefore, most often, the institutions that the child visits are the first to sound the alarm if they see something suspicious, indicating or screaming about the parents’ poor performance of their duties. What could it be?

1. Failure of children to attend educational institutions. Studying at school (as opposed to kindergarten) is a mandatory event. It’s one thing if a child has sick leave certificates (certificates) indicating that he was sick at certain periods of time. But if absenteeism is unfounded, this is a reason to pay attention to the family. And then class teachers and social teachers come to the child’s home to find out how he is living, what conditions he is in, and why he is missing lessons. Based on the picture that these people see, they usually form an idea of ​​the family. And we are not always talking about complete troubles here. It happens that the family is quite normal, wealthy, but the parents gave the child unlimited freedom and left him alone (for example, they often go on business trips). And the son or daughter, taking advantage of this, begins to walk and skip classes. In this case, the situation is viewed in the same way as the parents’ improper performance of their responsibilities in raising children. And such cases cannot be justified in any way. If you are forced to leave for work, you are required to leave your minor children with one of your relatives or friends. And this is not done to prevent the child from skipping classes at school. But because it poses a threat to his life.
2. Failure of parents to attend the educational institution where the child is studying. And this also matters. After all, if mom and dad don’t show up at school, and have never even seen the class teacher, this indicates that they are not interested in the life of their child, a large and important part of which is the process of his education.
3. Disgusting behavior of the child himself. For example, if a boy (or girl!) is a hooligan, is rude, leads an immoral lifestyle (promiscuous early sex life, smoking, drinking alcohol, drugs). This, of course, also becomes obvious at school, where the child spends a significant part of his time. This situation can happen in an outwardly prosperous family, but such a case is an indicator of the irresponsible attitude of parents towards the process of raising their own children.
4. Vagrancy, theft, other crimes. These child’s offenses will tell not only school teachers, but also the staff of the Commission on Minors’ Affairs that he is not being monitored practically at all. On the one hand, if the family is completely dysfunctional, then it is obvious that the child is left to his own devices. He earns his living by stealing, wanders so as not to see his father and mother drinking, etc. On the other hand, this does not always happen only in such families. You can often hear from parents: “What will I do if he is like this?!” Adults sincerely believe that it is not their fault that they have raised such a person who calmly violates all moral norms and does as he pleases. Of course they are to blame. This is the very upbringing that is discussed in parental responsibilities.
5. Parental bullying of a child. This can be not only bruises and abrasions, which are noticed by teachers and educators, but also leaving the child without food as if as a punishment. Such children are immediately visible. Usually they are intimidated, downtrodden, afraid of everything, and find it difficult to make contact. And it can sometimes be very difficult to find out about the circumstances of their lives. For example, only during a medical examination at school or kindergarten, when the baby undresses, can bruises or bruises be noticed. And in a conversation with a child, sometimes it is possible to find out what is happening in his family. Here parents already face criminal liability.

See also:

How to change a child's surname and patronymic

Who monitors the fulfillment of parental responsibilities?

In addition to kindergartens and schools, various law enforcement agencies and Commissions on Minors’ Affairs monitor the performance of parents’ duties. It’s good if there are vigilant citizens among neighbors or acquaintances who, seeing that children are in danger from mom and dad, notify the appropriate authorities about this.