How not to pay child support to parents: grounds and methods for terminating payments, terms and state fees, liability for non-payment

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The assignment of alimony in most cases implies the obligation of parents to support their children. However, the provisions of family law state that both mother and father can count on financial support from their own child. But respectful, or at least neutral, relations are not always maintained between needy relatives and their daughters and sons who are obliged to support them. Therefore, children’s interest in how not to pay child support to their parents may be quite justified.

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In what cases do children not pay child support to their parents?

A child is released from the obligation to support his father and mother in the following cases (Articles 119, 120 of the RF IC):

parents were previously deprived of rights to their own children, from whom they are demanding alimony;
the court found that mom and dad evaded fulfilling their obligations (Article - RF IC) in relation to their baby;
death of the person receiving or paying alimony;
the parent is recognized as able-bodied or not in need of additional support;
the child finds himself in a difficult financial and family situation;
father/mother refused financial support from their children.

Also, the termination of alimony to parents occurs upon the expiration of the agreement, according to which the child was appointed obligated to support the father and mother.

Alimony to parents from children: judicial practice

Judicial practice on the collection of alimony for the maintenance of parents is quite extensive, however, it is worth noting that the court takes into account many factors when considering cases of collection of alimony for the maintenance of disabled parents. Here everything is taken into account, the income of the plaintiff and the defendant, the burdens of the defendant (for example, the maintenance of a minor child and a disabled wife).

When filing a claim for the recovery of alimony for the maintenance of a parent, certain conditions must also be met regarding the working capacity of the child against whom the claim is made:

The parents have a document confirming the relationship (birth certificate);
The child’s age is over 18 years old and below retirement age;
The child is able to work and does not have a disability;

In addition, when you file a claim for alimony for a parent, the court needs documentary evidence that you need financial assistance. Such evidence in court can be: utility bills, receipts from pharmacies for necessary medications, etc.

An important note for children - Article 87 of the RF IC states that the lack of stable income for children is not a basis for refusing to collect alimony from their parents.

When considering cases of collection of alimony for the maintenance of parents, the court is guided by the following circumstances:

The amount of income of children and their financial situation cannot be reasons for refusing to assign alimony payments;
The obligation to pay child support is distributed to all able-bodied children who have reached the age of majority. If one child is already helping his parents, he may qualify for a proportionate reduction in the amount of child support payments;
If additional assistance is needed, the judge may order the children to bear additional costs;
In his decision, the judge is also guided by the testimony of the defendant. If the parents did not fulfill their parental responsibilities at one time, then the judge has the right to release the defendant from the obligation to support his parents.

Evasion of payments to support parents

If children do not comply with the obligation to financially provide for their father and mother, which is imposed by the court or as part of a voluntary agreement, then penalties are applied to the violators.

First of all, if children do not pay child support to the parent, the provisions of Art. 115 of the RF IC, which provides for the accrual of penalties on the debt for each day of delay. The amount of the penalty is 0.1% of the amount of unfulfilled obligations.

Next, the negligent child is held accountable under Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation:

fine up to 20 thousand rubles;
compulsory work - the maximum period reaches 150 hours;
arrest - up to 15 days.

If children are recognized as malicious defaulters of alimony to their parents, Art. 157 of the Criminal Code of the Russian Federation, which implies the following punishment instruments:

imprisonment for up to 12 months;
arrest - no more than 90 days;
compulsory or corrective labor - up to 12 months.

Attention
These are not all the penalties that can be used against a child with the status of “willful defaulter”. Additionally, it is necessary to take into account the norms of Federal Law No. 229-FZ of 2007, according to which, as part of enforcement proceedings, a violator may be deprived of the right to travel abroad if the amount of debt for non-payment of alimony to parents exceeds 10 thousand rubles.

Responsibility for failure to pay child support by father

If the child's parent fails to pay child support, you have the right to file an application for collection of child support in court. Based on the court decision, enforcement proceedings will be initiated, alimony will be paid forcibly at the expense of the debtor’s property.

If the child's father evades payment of alimony, you have the right to recover alimony from him for a certain time period when this alimony was not paid. In addition, current legislation provides for the possibility of collecting from a non-payer of alimony a penalty equal to 1/2 of the amount of debt for each day of delay.

Also, you have the right to demand that the bailiff prohibit the debtor from carrying out registration actions with his property and seize such property.

In case of malicious evasion of payment of alimony, criminal liability is provided up to imprisonment for up to 1 year.

USEFUL : about receiving arrears of alimony follow the link, and also watch the video

In what cases can parents file a lawsuit for child support?

The mother and or father have the right to demand funds from the child to meet their needs if three conditions are met (Article 87 of the RF IC):

presence of “disabled” status;
parents are recognized as needing help;
It was not possible to come to an agreement with the children voluntarily.

Also, mom and dad must initially retain the rights to raise, protect and represent the interests of their minor offspring in relation to their baby (Article 63, Article 64, Article 68 of the RF IC) in order to subsequently demand child support.

Grounds for forced collection

According to the same Article 87 of the Family Code, the mother or father has the right to demand compensation. Only for this, they need to fit certain categories of citizens.

Pensioner

Upon reaching retirement age (women from 55 years old, men from 60 years old), the mother/father can apply for compensation. The application will be approved if the pension subsistence minimum is really not enough to provide for oneself.

Disabled person

If one or both spouses have disability groups I, II, III, they can demand payment of money. To satisfy the payment of compensation, you must have a medical certificate confirming the disease.

Neediness

Need means a complete or partial lack of available funds to cover basic expenses (food, medicine, payment for utility needs). You must provide documents confirming that the pension you receive does not allow you to purchase the essentials (list of required medications with prices, receipts, receipts).

How to avoid paying child support to parents legally?

To free yourself from the need to support your father and mother, you must either obtain from them a voluntary refusal of assistance, documenting it in the form of an agreement, or when filing an application with the court, use the following grounds for terminating alimony for parents (Article 87, Article 119 , Article 120 of the RF IC):

father and mother are deprived of rights to their own children under Art. 69 RF IC;
Mom and dad receiving payments are recognized as able-bodied and do not need help;
the child found himself in a difficult financial and family situation.

Also, alimony ends if the person receiving or paying the funds dies.

What is the required amount?

Now about payers. First, they must be of age and able to work. This is the main and necessary condition for assigning alimony. It will not be possible to collect child support if the children :

Have not reached the age of 18 or 23 if they are studying at a university;
Are disabled people of the first or second group;
Reached retirement age.

This means that alimony cannot be assigned to a daughter who is 55 years old and is legally entitled to an old-age pension. On the other hand, it is possible to recover financial support from her for the last 3 years, provided that she took on or intended to take on the responsibility for maintaining her father or mother.

Secondly, the amount of alimony is set at a fixed amount and determined by the court. This is the main difference from child support, which can count on a quarter, one-sixth or less of the parent's total income, depending on the number of children he or she has.

When assigning child support, the main factors are the average income level in the region and the total earnings of the payer. To determine the amount of financial support for parents, the size of the payer’s income and the specific need of the parent are important.

That is, if we are talking about the fact that a disabled mother or father does not have enough funds for treatment, the court establishes :

The amount of missing money;
Financial capabilities of the child;
The number of children the plaintiff has;
Having a spouse, including an ex.

Family law provides for a whole chapter on the alimony obligations of spouses to each other (Chapter 14).

If there are several children, the responsibilities for the financial support of the parents are distributed among all, even if only one child is declared as a defendant. The absence of financial claims against other children on the part of parents does not relieve them of the obligation to pay child support if the father and mother need it.

The financial capabilities of the payer are also :

The amount of total income;
Number of dependents;
Availability of other obligations – credit, mortgage, loan.

The plaintiff's sources of income are also taken into account. This could be savings, valuable property, a personal plot, renting out an apartment, room, garage or house. All of the factors described are taken into account when considering the case and determining what amount the plaintiff is entitled to.

Normative base

To understand the specifics of the process of children paying child support to their parents, you need to take into account the provisions of individual documents:

Section of the RF IC, which defines the procedure for assigning, changing and canceling obligations to support people in need.
Art. 157 of the Criminal Code of the Russian Federation, Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation includes information establishing punishment for defaulters.
Resolution of the Plenum of the Supreme Court of the Russian Federation No. of 2021: clarifies the specifics of the application of legislation by courts in cases of alimony for parents.
Federal Law No. 229-FZ of 2007 approves the procedure for collecting funds for the maintenance of needy family members as part of enforcement proceedings.
Decree of the Government of the Russian Federation No. 841 of 1996 determines the list of types of income from which payments are withheld.

Also, to resolve certain controversial issues, other regulations may be needed.

Basic conditions under which you can receive alimony from grandparents

Appointment of alimony to the husband's parents is extremely rare. Since the government of the Russian Federation has established a certain list of requirements that must be met in order for the court to satisfy the mother’s appeal.

Alimony payments may be assigned if the following requirements are met:

The child must be under eighteen years of age (except when it comes to raising a disabled child, then age is not important).
There is an objective reason why it is impossible to withhold alimony from the child’s father.
A sufficient level of material support for the husband’s parents, which will allow them to ensure the development of their grandchildren without compromising their lives.
Satisfactory level of physical condition of the husband's parents.
Absence of priority payers of alimony.

Please note that the collection of alimony from the husband's parents is an exception, and it must be divided among all grandparents in accordance with the law.

Necessary documents for canceling obligations voluntarily and through the court

To correctly draw up an agreement to terminate child support, parents need to use the standard sample document on payment of financial assistance given below. To certify the agreement by a notary, you will only need a civil passport from the child and father and mother.

Other information may also be required. As an example: when children change their last name, you must provide a certificate confirming the fact of receiving new personal data.

An approximate example of an agreement on the payment of alimony to parents is available.

When going to court, in order not to pay alimony, parents need a larger list of documents (Article 132 of the Code of Civil Procedure of the Russian Federation) to substantiate the positions specified in the claim:

application demanding termination of alimony to parents, drawn up in accordance with Art. 131 Code of Civil Procedure of the Russian Federation;
a receipt serving as confirmation of payment of the state fee;
child's civil passport;
a court decision by which the mother or father is deprived of parental rights to children;
income certificate - if the claim is based on a significant deterioration in the applicant’s financial situation;
agreement on withholding alimony - if any;
a court verdict recognizing the parents as able-bodied;
conclusion of a medical and social examination if the child has become disabled and therefore cannot continue to support his needy father and mother.

An approximate sample application for termination of alimony to parents is available.

IMPORTANT

The full list of documents for filing a claim in court is determined taking into account the circumstances and the grounds according to which the children want not to pay child support to their parents. For example, if the applicant acts through a representative, you must provide a notarized power of attorney. In a situation where a child applies for recognition of mom and dad as persons who did not fulfill the obligations imposed by law in relation to their children, witness testimony, photos and videos, or audio recordings can help.

Documents for judicial resolution of the case

Most child support disputes are resolved in court. The procedure involves the collection of documents from the plaintiff and defendant.

The parent who applies to the court must provide:

passport;
child’s birth certificate (establishing the fact of relationship);
documents confirming incapacity for work (ITU certificate of disability or pension certificate);
confirmation of the need for alimony (certificates of income, receipts for payment of utility bills, receipts for medicines, etc.).

The statement of claim for alimony payments is submitted along with a collected folder of documents. The court considers the case within the established procedure and issues a final verdict in the form of a writ of execution signed by the judge.

A child who has been ordered to pay child support must provide the following documents:

passport;
documents indicating evasion of parental responsibilities (bailiff's decision on the father's arrears for child support);
court verdict on depriving the father of parental rights (an official ruling from the judge is provided);
receipts confirming the costs of treatment in childhood and evidence that the parent did not provide financial assistance in paying for medications;
documents indicating the inability to pay alimony to parents (certificate of income, confirmation of disability in the ITU, list of dependents);
information about other adult able-bodied children of the parent filing the claim (may be called upon as defendants in a child support case).

As judicial practice shows, an objective decision on a case is not always made. It often happens that a father, who has been restored to parental rights, claims alimony from the child, although before that he took almost no part in raising his son. Be that as it may, legal proceedings require qualified legal assistance for both parties to the conflict.

Author of the article

Dmitry Leonov

Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.

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The procedure for terminating alimony for parents on a voluntary basis

It is not enough to verbally negotiate the cancellation of the children's obligations to their father and mother. You will need to formalize the decision in writing with mandatory notarization. As a rule, the previously concluded agreement defines the procedure for cancellation, so you need to act in accordance with the terms reached. As for the general procedure, its specifics are established by Chapter 16 of the RF IC, which reflects provisions on the voluntary payment of alimony. In accordance with these Code standards, you must act as follows:

The first step is to reach agreement on each point of cancellation. Neither parents nor children should enter into agreements under duress or with claims against each other. If it is later confirmed that threats and attempts at moral pressure were used, the transaction is declared invalid (Article 102 of the RF IC).
The second step is to formalize the conditions for canceling alimony in writing. It is necessary to indicate who is participating in the transaction, when the document comes into force, on what grounds, etc. The law does not provide a specific form for the agreement, so you should use a sample or have a lawyer fill it out.
The third step is contacting a notary to certify the document. You will have to pay for the services of a specialist. It is required to prepare funds to pay the state fee and for the technical actions of the notary.

All that remains is to transfer the agreement to the employer or the responsible officer of the bailiff service, on the basis of which payments for the maintenance of the father and mother are no longer withheld from wages.

The procedure for terminating child support for parents through the court

Despite close family ties, children and mother and father cannot always agree on the abolition of payments. Therefore, interested parties will have to take legal action. In cases where children wish not to pay child support, parents should act based on the following step-by-step instructions:

Collect documents to substantiate the claim (Article 132 of the Code of Civil Procedure of the Russian Federation) and draw up an application taking into account the requirements of Art. 131 Code of Civil Procedure of the Russian Federation.
Submit the papers to the office of the district court at the place of residence of the parents. If there is no information about the defendant's current address, it is permissible to send an application to the local office.
Pay the state fee for filing a claim. Payment details can be obtained from the court office.
Wait for notification of the date and time allocated for the first meeting.
After receiving the message, appear in court on the appointed day and take part in the proceedings to defend your position on termination of alimony to the parents.

If a positive verdict is made, the child can only receive a final decision and be sent to the territorial branch of the bailiff service. In turn, FSSP employees notify the executors (for example, this may be the employer or a representative of the Pension Fund) about the termination of the withholding of child support from parents.

How is the amount of alimony determined?

The court usually sets an amount equal to 25% of the son/daughter's income. But this amount may vary depending on the circumstances of the family.

What factors are taken into account when calculating

Several factors are taken into account when calculating the payment amount. For example:

The amount of the parents’ pension and their other income (unofficial earnings, subsidies, benefits, income-generating property).
The plaintiff’s marital status (does he have a healthy spouse who can take care of his life partner).
Marital status of son/daughter. Attention is drawn to whether the defendant has relatives who need to be provided for or compensated.
Amount of children. The payment is imposed not on one, but on all capable children.
Children’s income (stable or unstable) and place of work (abroad or at home).

Should children pay pensioners if there is an above-average pension?

When parents have a pension above the average subsistence level, they should not count on child support payments. The court will not even take into account the fact that the son/daughter is very wealthy.

Statement of claim for recovery of maintenance: sample

The application is drawn up in three copies (1 for the court, 1 for the plaintiff, 1 for the defendant).
Each application must be accompanied by copies of documents confirming the identity and circumstances of the plaintiff. Its content should be as follows:

name of the court where the application is being filed;
information about the plaintiff and defendant;
amount of alimony;
reason for applying for alimony (incapacity, disability, need, retirement age);
evidence of the need to receive payment (certificates, receipts, checks, documents).

10 days after the announcement of the decision on the assignment of payments, it comes into force.

Timing and cost

If parents and children decide to voluntarily refuse child support, then the entire registration process can be completed within 24 hours - it all depends on the preparedness of the parties and knowledge of the specifics of filling out the agreement. However, it is quite possible that it will take several days in the absence of information about the procedure for drawing up the document or in the case of complications, to reach agreement on a number of controversial issues.

As for financial expenses, for certification of an agreement to terminate alimony, parents need to pay 250 rubles - the amount of the state fee is determined in Art. 333.24 Tax Code of the Russian Federation. Additional expenses are associated with the technical services of a notary - the amount depends on the chosen specialist and the region of registration, on average it is 1.5-2 thousand rubles.

When going to court to terminate alimony to parents, the amount of the state duty is established according to the provisions of Art. 333.19 of the Tax Code of the Russian Federation and depends on the cost of claims (amount of payments per year). The amount varies from 400 rubles to 60 thousand rubles.

For your information

After payment of the fee and upon filing of the claim, the first termination proceeding

Child support payments to parents are granted for a month. If one meeting was enough, then we can talk about luck, since often the child is forced to prove the need to cancel payments for several weeks. After the court makes a satisfactory decision, parents are given another month to file a claim to appeal the verdict. And only after 30 days the resolution comes into force.

Algorithm for collecting assistance from a child

There are three ways:

Actual;
Voluntary through agreement;
Judicial.

In the first case, children, on their own initiative, provide financial assistance to their parents. This could be payment for their treatment and/or utilities, full or partial compensation for the cost of trips to vacation, to a sanatorium, repairs at their own expense to the premises in which the father and mother live, purchase of food, etc.

If necessary, such assistance can be recorded . For example, a receipt is drawn up indicating the amounts transferred. This is necessary to prevent unfounded financial claims in the future.

Let's learn how to apply for child support to parents by reading this article.

Voluntary order

In some cases, formally negotiated voluntary agreements are required. The algorithm is as follows :

The parties agree on the amount and terms of alimony payment.
They draw up an agreement and sign it.
Both parents and children with a signed agreement turn to a notary to certify the document.

The last step is necessary to give the contract the force of a writ of execution. It can be sent to bailiffs, to the payer’s work, to the bank in which he keeps his money.

A voluntary alimony agreement is drawn up in order to receive additional payments from the state. For example, this is relevant if the payer is officially recognized as disabled. In addition, the existence of an agreement provides grounds for reducing the alimony that was previously assigned.

Filing a claim in court

If the issue cannot be resolved voluntarily, the parties go to court. The initiator, as a rule, is parents who demand that their children pay them child support. All heirs of the plaintiff are called to answer, even if only one of them is named as the defendant in the application.

If there are several children, alimony is assigned to everyone, and not just to the one against whom the claim is filed.

The dispute is considered by a magistrate. In some cases, for example, if maternity or paternity is disputed, the case is transferred to general jurisdiction. There is no need to pay state duty . The court considers all the above facts - from the presence of other children and spouses, to the total income of the defendant and plaintiff, and the necessary needs of the latter.

If you are interested in the issue related to writing a statement of claim for the recovery of alimony for the maintenance of a parent, we recommend that you familiarize yourself with this material.

In some cases, there is a presumption of guilt on one side or the other in the dispute. In this case, both parties have equal responsibilities to prove their point of view at meetings.

Should an unemployed person pay child support to his parents?

The lack of a place of employment for a child is not a reason not to pay child support to parents. The amount of payments in this case is determined taking into account the status of the offspring obligated to support his mother and father.

For your information

If a person is officially recognized as unemployed, that is, he applied for registration at the Employment Center, he is entitled to a benefit - from 1,500 to 11,280 rubles (depending on age and salary at his last place of work). Withholding of alimony occurs precisely from these amounts.

If an adult child is not registered with the Central Zonal, he will be required to pay his parents a fixed amount (Article 83 of the RF IC) linked to:

income from the last employer;
average salary in the region;
the living wage, which is established every quarter in the regions of the country.

When calculating the monthly payment, parents' expenses for their own maintenance are also taken into account:

Food;
rent;
medicines;
vouchers for sanatorium-resort treatment;
wardrobe items, etc.

Upon subsequent employment of the child, the amount of financial assistance is reviewed based on the application of the father or mother.

Amount of child support from the child's father

Taking into account the various life situations in which parents and their children may find themselves, the legislator has provided several ways to collect alimony

In a fixed amount of money

in an amount equal to the parent’s share of income;
mixed option: in a fixed amount of money and a share of income.

How much child support should a non-working father pay?

Based on the established methods of collecting alimony, if the child’s father does not have an official job or is unemployed, then alimony should be established in a fixed monetary amount.

The size of this amount corresponds to the minimum wage for a minor in a specific constituent entity of Russia. If the father of the child has another child, the amount of the fixed payment may be reduced.

Important : the very fact of the absence of a permanent source of income does not affect the possibility of collecting alimony in a fixed amount.

How much child support should a working father pay?

The maximum amount of alimony is not established by current legislation and is achieved by establishing alimony in the amount of the father’s share of earnings. The minimum amount is equal to the minimum wage for a minor in a particular region, as has already been indicated.

A working father can pay either a fixed amount or a share of income. In this situation. In this case, it is necessary to calculate how alimony will be collected to better provide for the child.

Does a disabled person need to pay child support obligations to his mom and dad?

The inability to work, the neediness of children or the inability to provide for their own needs with their own means does not provide grounds for not paying child support to parents. It does not matter what disability group the child is assigned to - in any case, he must provide support to his needy father and mother.

However, the payer may apply to the court with a demand to reduce the amount of financial support that is withheld from income for the maintenance of parents. The basis for the claim is Art. 119 of the RF IC, according to which a change in the amount of payments or a complete termination of alimony to parents is allowed in the event of a significant deterioration in the financial or family situation of the children.

As practice shows, payments are terminated if an adult child documents that:

he cannot get a job for good reasons;
he does not have people who support him financially;
The disability benefit is not enough to cover one’s own needs, which increases the risk of life being endangered.

The evidence base can be formed from:

a medical and social examination report that establishes the disability group;
checks, receipts and statements confirming the applicant’s poor financial situation;
medical certificates clarifying the need for expensive medicines and medical services.

IMPORTANT
Each case is considered separately - there are no instructions or list of documents for a guaranteed solution to the problem. But under any circumstances, when going to court, it is important to collect the most complete evidence base.

How much child support should the mother of the child pay?

The law establishes that both parents of a minor child bear the obligation to pay child support. In some cases, demands for payment of alimony are presented to the mother of the child.

To make such a claim, the fact of paternity must be present:

child born during marriage
the father is listed on the child's birth certificate
the fact of paternity is established by the court

The presence of these circumstances makes it possible to go to court with a demand for payment of alimony. The very fact of fulfillment of obligations to support the child is confirmed:

checks
agreements with educational organizations
testimony

The amount of alimony from the mother can be established by agreement of the parties or in court:

in the amount of a share of income (25% per child)
fixed amount of money

The above methods are possible if the child’s mother has a permanent source of income. If the child’s mother does not have a regular income, alimony can only be collected in a fixed amount of money, for example, 1/2 of the minimum wage per child, depending on the region.

Is it possible not to pay child support to an alcoholic parent?

The list of grounds on which a child may be released from the obligation to support his own father and mother does not include a situation in which recipients of assistance abuse alcoholic beverages.

If mom and dad are found to be in need of support, the children will have to pay child support even if all the money goes towards alcohol-containing substances. However, the child can appeal to the court with a demand to reconsider the need to support an alcoholic parent in accordance with paragraph 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. of 2021. The basis for termination of alimony for the father and mother is the fact of unworthy behavior, which also includes:

use of narcotic drugs or psychotropic substances;
gambling;
other actions contrary to the interests of the family.

When considering claims in this category, the nature, severity and consequences of unworthy behavior are taken into account, how the alcoholic parent and his children acted in this situation, and other important circumstances.

Litigation practice

A pensioner appealed to the court and demanded that alimony be assigned to his son in the amount of 12 thousand rubles. During the consideration of the case, the applicant provided the following information:

The amount of his pension is 16 thousand rubles.
Payment for utilities, taking into account compensation from the local budget, is 2.5 thousand rubles.
The cost of living for a pensioner in the region is 8.5 tr.
Monthly treatment costs – 10 thousand rubles.

The court found that the defendant receives a salary of 45 thousand rubles. He is dependent on two young children, a non-working spouse and a mother who receives 5 thousand rubles monthly under a bilateral agreement.

In addition, the costs of the plaintiff’s treatment were not documented. The response to a request to the local hospital where the applicant is undergoing treatment showed that medications and procedures are provided to the plaintiff free of charge, and once a year a free trip to the sanatorium is given. The applicant explained the cost of treatment indicated in the claim by the fact that he needed additional trips to the sanatorium.

The requirements were partially satisfied , the amount of alimony was determined at 2 tr. The motivation for the decision is that payments cannot be provided, since the plaintiff has an unconditional right to them, their amount is small, since the father’s income exceeds the income of the son and members of his family.

You can also learn about judicial practice on child support to parents by reading here.

How can a pensioner stop making alimony payments to his parents?

Even after retirement due to age, the child must continue to support his father and mother, if they are recognized as needy, through payments from the Pension Fund (Government Decree No. 841 of 1996). In order not to pay child support to parents, children will have to go to court.

In Russia, pensions are often not enough to satisfy even one’s own needs, not to mention the requests of third parties. Therefore, the claim may contain demands for a reduction in the amount of payments or for a complete termination of alimony to parents on the basis of a significant deterioration in the financial situation of the child.

The chance of getting a positive court decision largely depends on the state of the budget of the parents and children who are entrusted with the obligations.

When can a court reject a claim?

As a rule, the obligations established by law to support parents are fulfilled voluntarily and no difficulties arise.

But if help is needed and the parent cannot support himself, then the only option is legal action.

Only it is provided by law. After all, no other body has the authority to oblige individuals to perform certain actions. Accordingly, the father needs to prepare a statement of claim and submit it to the court. These are alimony claims. However, a simplified procedure, as when collecting funds from parents, is not allowed here. After all, it is necessary to prove some difficult points.

Difficult points need to be reflected in more detail, this will make it clear the grounds for refusing the claim:

you should justify your need for support from the child . The law directly refers to the elderly age of the parent or the inability for health reasons to support themselves. These arguments need to be substantiated. This means that the father must provide documents to the court hearing. For example, this could be a health certificate. Documents are often provided confirming the difficult financial situation and so on;
it is necessary to indicate a family relationship with the defendant
. That is, it must be reflected that the defendant is the son or daughter of the plaintiff. Since this circumstance is basic, it must be proven documented. Otherwise, the judge simply will not have grounds to consider the claims on their merits. After all, the very existence of an obligation is based on family relations, so they should be proven first of all;
it is necessary to prove that the child has the opportunity to support his father . He must have a job or alternative income.

Based on this, the court will make one or another decision on the requirements. All evidence provided will be verified and evaluated. Therefore, you should not count on unambiguous, indisputable satisfaction of requirements.

In cases where the father has filed for child support, refusal to satisfy the requirements is known in judicial practice and is not uncommon.
When a child has a large number of obligations to support his children, the father may be denied. After all, a son or daughter may simply not have an objective financial opportunity to transfer funds to their father. The defendant's ability to work is key.
If he is unable to work and earn income, then the claim cannot be satisfied. However, the inability to work must be proven and documented. This should be an objective fact. For example, the presence of physical disabilities.

Refusals are often associated with the father having his own income. For example, he has a disability and cannot work due to this. At the same time, he receives an old-age pension and additional disability benefits. In total, his earnings will be quite a decent amount. Then the court may decide to refuse to satisfy the requirements.

In this case, the courts are based on the cost of living. This is the value of the funds that are needed to meet basic needs. The amount is set at the national level. And each region takes its own values, which cannot be lower than the minimum established by the Government of the Russian Federation. Accordingly, the court compares the father’s total income with the cost of living in the relevant region. If the income is higher than the specified value, then the claim will be denied.

Problems and nuances

Despite the extensive regulatory framework, the process of collecting alimony from children by parents is often complicated by the peculiarities of judicial practice. To avoid complications, you need to take into account a number of significant nuances:

All issues should be resolved voluntarily - in this way, excessive costs and deterioration of relations with relatives can be avoided.
If you do not have time to study the regulations and requirements regarding the procedure for terminating alimony, parents should use the services of a lawyer with experience in this field or get advice on our website. Otherwise, the claim may be rejected or the consideration of the case may be delayed for several months.
Despite the absence of grounds specified in the law for terminating alimony to parents, a child can still declare the need to cancel payments on the basis of disability or retirement age.
Studying the findings of practice will help you understand what the chances are of getting a positive court decision.

IMPORTANT
In many ways, the outcome of the actions of the alimony obligee is determined by his preparedness for this process. If a child wants to seek termination of alimony payments to his parents through the court, he will need to spend a lot of time studying the nuances of regulatory documents and the results of decisions already made in similar cases. The law protects the interests of people in need, so if children want not to pay alimony to their parents, it will be difficult to achieve a satisfactory verdict on the claim without proper preparation.

Comments Showing 1 of 1

Alexey Anapov 23:57 02/18/2020
I spent a lot of time looking for a solution to the problem of paying alimony to my parents. I reviewed many sites, but one article is missing something, another contains outdated information, and a third is simply impossible to read due to banal grammatical errors. And only here I found what I needed: there are links to laws, and current sample documents (which is especially important), and analyzes of the intricacies of legislation in various situations - all the necessary points are provided for resolving the problem of having to pay alimony. This article is the best I've come across in my search. So thank you for your work.
Answer

Is it legal to take alimony from my husband's parents?

Very often there are situations when a young single mother does not yet have a permanent income due to maternity leave, or her salary is not enough to fully support the child, and the father is unwilling or unable to help her. In such cases, the question naturally arises: can the husband’s parents pay alimony? Experts do not always advise bringing such a situation to trial. It is better to resolve this issue directly between relatives.

But if alimony from the husband’s parents is the only way out of the situation, then you need to familiarize yourself with the list of conditions when this action is legal and can most likely be approved in court.

You can legally request financial assistance from a child’s grandparents in the following cases:

If the child’s biological father is under eighteen years old, which means he is legally disabled, that is, he is a dependent of his parents, and they, in turn, bear full responsibility for all his actions.
The father of the child is a student - an adult youth, but still without an official income.
The baby's biological father is officially wanted.
The child's father is of age, but without any known source of income, and has no personal property in his possession, nor any property to be expropriated.
The child's mother is on maternity leave or has a disabled status. This indicates that she does not have sufficient official income to raise a young child.

In such situations, a single mother can easily file a claim in court. But you need to be prepared that this case will be considered incredibly carefully. The mother’s application will not be satisfied in cases where the husband’s parents do not have sufficient financial support for assistance - they have the status of pensioners, disabled people, that is, they are representatives of a socially unprotected segment of the population.