Nuances when collecting alimony for the maintenance of a disabled parent

• Child support to support parents
• How is the size determined?
• Collection methods Sample voluntary agreement
• Sample statement of claim to court

Able-bodied adult children are obliged to provide financial support to needy disabled parents. You can collect alimony from a child either through a voluntary notarial agreement or by force through a court .

On March 18, 2021, Law No. 35-FZ was adopted, allowing the collection of old-age alimony for parents of pre-retirement age .

Parental support is paid as a fixed amount . The court determines the amount of alimony depending on the financial and marital status of the parties. If exceptional circumstances occur, parents may require their children to partially or fully compensate them for additional expenses .

When should children pay child support to their parents?

Despite the existence of a law according to which it is necessary to collect child support , this is not always done, but only in certain situations:

• parents are unable to work due to disability or retirement,
• the income received by the parent is not enough to meet his minimum needs,
• children are able-bodied adults but have not yet retired,
• an adult child receives income sufficient to provide assistance to his parents.

For example:

1. A 51-year-old man who is unemployed and has an alcohol addiction will not be able to receive child support.
2. A 75-year-old woman who receives a pension greater than the 1 monthly minimum established by the region also cannot rely on alimony. But there is an exception here. When, for example, she requires expensive medications. This fact must be proven in court.
3. When the pension of elderly parents does not exceed the monthly minimum, and their only child has a good income, they will not be able to sue if their son fulfills the obligation to support his child and spouse.
4. Also, an 86-year-old man will not be able to recover anything from his 65-year-old child.

Procedure for collecting alimony through the court

The recipient needs to perform a number of actions:

1. Negotiate with the payer, offer to conclude an agreement on terms that satisfy both parties.
2. Conclude an agreement, and if this is impossible for one reason or another, move on to the next step.
3. Prepare documents that will be required for the process.
4. Write a statement of claim.
5. File a claim in court in accordance with the rules of jurisdiction.
6. Take part in the trial.
7. Receive a court decision and writ of execution.
8. Initiate enforcement proceedings.

During the meeting, you will need to provide evidence of your position in the form of documents; it is allowed to attract witnesses if they can confirm any information.

Documentation

In order to collect alimony, the recipient must provide the following documents to the court:

• statement of claim by number of parties;
• passport (copy) or other document that can confirm the identity of the applicant;
• documents that confirm the relationship between the payer and the recipient (also in a copy);
• papers indicating the plaintiff’s income as well as expenses;
• a request to call witnesses, if necessary;
• power of attorney, if a representative takes part in the process, and not the claimant personally;
• other documents substantiating the circumstances relevant to the case.

Important! If alimony is collected through an agreement, then the same documents will be required, with the exception of the claim and court petitions. The notary will return all documents after certifying the agreement.

Expenses

In case of collection of alimony in favor of children, the law exempts the applicant from paying state fees, placing this obligation on the payer after the decision is made.

In this case, you will still have to incur some expenses. However, they are unimportant. So, the fee will be 150 rubles.

If the recipient plans to engage a lawyer, then his costs will increase significantly and will depend on the agreement of the parties.

What to write, where to submit

The statement of claim is filed in the magistrate's court at the defendant's place of residence. If the plaintiff can prove that it is impossible to consider the case in accordance with such territoriality, then he has the right to petition the court to consider the case at his place of residence.

The claim should include the following information:

• name and address of the court to which the application is filed;
• details of the plaintiff and defendant;
• name of the application;
• the main text of the application, which indicates the circumstances that make such recovery possible, that is, the fact of relationship between the persons and the plaintiff’s need for help;
• an indication of the plaintiff’s income and expenses;
• additional points relevant to the case;
• reference to evidence and legal acts.

This is followed by the petition part, in which the applicant indicates to the court the need to collect alimony in a certain amount, and after this there are attachments and the signature of the applicant.

Sample statement of claim for alimony for parental support

The presented example of a claim for the recovery of alimony from disabled parents reflects a simple and very uncommon situation.

To determine all the circumstances of your case, we strongly advise you to contact an experienced lawyer who can give a correct assessment of all the nuances and tell you what needs to be written in the statement of claim.

Extract from judicial practice

Example

Citizen Severov A.P. wrote a statement of claim to the court with a request to collect alimony from his son G.A. Severov. The court decided in favor of the defendant due to the fact that it did not find sufficient grounds to recognize Severov A.P. those in need. The court, trying to find out the amount of the parent’s income, demanded a certificate from the relevant institutions about the amount of the pension and the monthly benefit paid in connection with disability. It was taken into account that Severov A.P. receives benefits for utilities. During the court proceedings, it was also found out that the applicant had money in his bank account, and a deposit was opened in his name.

When it came to determining the income of G.A. Severov, it turned out that he receives only wages, does not have any benefits and provides for his wife and two minor children. He also rents an apartment, for which he pays part of his income monthly, and part of it goes towards fulfilling loan obligations.

Participation of adult children in additional expenses for parents

In addition to receiving alimony from a son or daughter, a parent has the right to recover additional expenses in his favor, for example, to pay for an expensive operation, treatment due to injury or illness, as well as in other exceptional cases (Part 1 of Article 88 of the RF IC).

You can recover funds from children for additional expenses either by concluding an agreement or through the court.

Payments can be requested after the occurrence of exceptional circumstances , confirming the fact of incurring expenses with documents (checks, contracts). If the costs are known in advance, the parent can apply for payments from the child in advance, including through the court.

When deciding whether to award payments, the judge will take into account the same factors as when paying alimony. The court will refuse the claim if the defendant child proves during the hearing that the father (mother) evaded fulfilling his parental obligations.

Sample agreement

If the child understands the need for support from his parent, he signs a child support agreement. Of course, signing this paper is most preferable, because in this case:

• the parties do not have to participate in legal arguments,
• you can independently decide how much alimony will be transferred in addition to the parent’s pension,
• no need to pay any extra money for drawing up the document,
• the document has the same legal force as a writ of execution, so it can be immediately applied to the child’s place of work for forced collection.

As a rule, you have to go to court to recover child support from a parent when you cannot reach an agreement with the child.

Agreement on payment of child support to parents

The legislator allows the conclusion of a notarized agreement between parents and children.

Such a document may contain almost any conditions, as long as they do not contradict current legislation.

The agreement specifies the following information:

• Full name, passport details, as well as details of the parties to the agreement;
• the basis for payments and the amount, as well as the calculation procedure (fixed amount or percentage of earnings);
• frequency of payments;
• conditions under which the amount increases or decreases;
• liability for non-payment, amount of penalty;
• details of the notary who certifies it.

Additionally, other points may be specified if the parties consider it necessary and they do not contradict the law.

The agreement can be used as an executive document.

That is, the recipient will not need to go to court additionally in case of non-fulfillment; it is enough to immediately send it to the bailiff service for enforcement.

Below is a sample alimony agreement. To draw up an agreement that fully suits your situation, it is better to seek the help of a lawyer.

Sample statement of claim

The claim must include the following information:

• the name of the court to which the claim is addressed,
• information about the plaintiff and the defendant (full name, dates of birth, registration and actual location, places of employment),
• the reasons that prompted the plaintiff to initiate the procedure for collecting alimony in court (small pension, disability, incapacity for work, recognition as low-income),
• requirement to collect alimony and calculation of a certain amount,
• documents or facts confirming that the pensioner is acting legally,
• list of attached documentation.

Evidence may include:

• pension certificate or disability certificate,
• documents on income and expenses: the amount of the pension, the presence of a bank deposit, state assistance for disability, utility bills, prescription forms from doctors, receipts for the purchase of expensive drugs, an agreement for the services of a massage therapist or nurse,
• other documentation - birth certificate for the child, passport, employment, certificates from a medical institution. Anything that might be relevant.

The claim for the recovery of money to provide for the parents is filled out in triplicate . One is needed for the plaintiff, the second for the defendant, and the third is necessary for the court to consider the case. Each copy must be accompanied by copies of the above documents. The plaintiff's signature is required on the papers.

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List of related documents

In general, all documents can be divided into three types:

• the plaintiff's passport,
• documents proving the existence of family ties between parents and children (usually a birth document or a corresponding extract from the registry office),
• papers on the basis of which it is possible to draw a conclusion about the parent’s incapacity for work - a certificate of the amount of pension, a pensioner’s certificate, a work record book, an extract on receipt of disability payments.

There is no need to pay state duty.

Amount of child support payments

The amount of child support depends on the method of collection. If this happens by agreement of the parents, then they have the right to independently agree on the exact amount.

When resolving an issue in court, the following limits apply (clause 1 of Article 81 of the RF IC):

• 25% of income (per child);
• 33% for 2 children;
• 50% (if there are three or more children).

ATTENTION! When determining the amount of alimony payments in the agreement, their value should not be less than the above percentage of income. However, charges may exceed these limits.

Forms of payment of alimony

The RF IC provides for several methods of paying child support, each of which has its own characteristics. There are the following forms of payment:

• as a percentage of monthly income;
• fixed payment;
• in the form of a one-time transfer of a large amount;
• provision of property to a minor.

Thus, family law provides for two main ways of assigning alimony: within the framework of an agreement concluded between the parents and through the court. The latter method may have the format of a claim or an order (simplified procedure).

On what basis does the court decide on alimony?

After a parent has filed an application for their child, the court has the right to consider it within 30 days. This requires both parties to be present in the courtroom. There cannot be a simplified procedure for conducting the process.

To understand whether it is necessary to collect alimony for the maintenance of a parent

, the court first of all looks at the circumstances surrounding the case:

1. Finds out the age of the pensioner or other reasons why he has the right to receive alimony. Possibly a disability. Checks whether the parent has been deprived of his rights and whether he has properly fulfilled his duties in raising the child and supporting him.
2. The second stage is checking the parent’s needs and calculating the minimum amount required for his/her stay. The court also checks what pension the parent receives, whether he has disability benefits or other types of income.
3. The court compares the financial security of the pensioner with the amount he needs monthly.
4. The court determines the financial situation of the child and the composition of his family. To do this, income certificates and other information about unofficial sources are analyzed.
5. The court clarifies other circumstances that may affect the course of the case. For example, the nature of relationships within the family.

Alimony for pre-retirees

On January 1, 2021, Russia launched a reform to gradually increase the retirement age for men and women by 5 years. In this regard, a group of State Duma deputies led by Pavel Krasheninnikov put forward an initiative to preserve the right to alimony for disabled adults who have reached pre-retirement age .

The corresponding federal law of March 18, 2021 No. 35-FZ “On amendments to Article 169 of the Family Code of the Russian Federation” was signed by the President and officially published. Now disabled, needy women and men who have reached the age of 55 and 60 years, respectively , have the right to receive alimony from their able-bodied relatives in accordance with Articles 85, 89, 90, 93 – 97 of the RF IC.

At the same time, the right to alimony arises not only from needy pre-retirement parents from their children, but also from spouses, ex-spouses, brothers and sisters, grandparents, grandchildren, actual educators, stepfathers and stepmothers from other able-bodied relatives.

Thus, the Russian authorities protect the rights of socially vulnerable segments of the population falling under the pension reform from possible negative changes in the field of state support. At the same time, the amount of alimony maintenance in relation to citizens of pre-retirement age will depend on the financial and marital status of the payer and recipient of alimony and will be established by the court in a fixed sum of money (TDS) or by agreement of the parties.

Arbitrage practice

Example

Let's look at a real example. Citizen Vereskov G.Yu. filed an application to the court to collect alimony from his adult children - the son of Vereskov A.G. and daughter Remizova E.G. 5,000 rubles for each child. The court, guided by the provisions of Articles 87 and 88 of the Criminal Code, partially granted his request. He decided that each of the adult children must pay 2,500 rubles as an increase to the parent’s pension. The court took into account the family and financial situation of G.Yu. Vereskov, who receives a disability pension, state support that compensates for the payment of utility transfers and the purchase of medicines. The court also considered the plaintiff’s real need for the periodic purchase of expensive medications.

In addition, the court found that the son and daughter of Vereskov G.Yu. have a single source of profit. Moreover, the son pays child support for his own child, and the daughter is a single mother. In addition, the court took into account that Vereskov A.G. and Remizova E.G. They have already entered into an alimony agreement, in accordance with the provisions of which they regularly deduct 2,000 rubles.

How to collect child support from a child

Needy parents can recover child support payments from adult children in two ways:

• draw up a notarized alimony agreement ;
• file a claim for alimony .

Each method has features that require attention. The priority is to conclude a voluntary agreement on the payment of alimony with a notary, since in this case you can save time and maintain trusting relationships in the family.

The issue of payment of alimony is resolved during a court hearing if an agreement between the parties is not reached peacefully.

Agreement on payment of child support to parents

A voluntary alimony agreement between the payer and the recipient of funds is subject to mandatory registration by a notary . By signing it, the parties undertake to comply with the conditions and confirm their agreement with all the nuances regarding payments:

• the amount of alimony;
• the method and frequency of their payment;
• liability for violation of the terms of the agreement, etc.

A notarized agreement, despite the voluntariness of its preparation and conclusion, is endowed with the legal force of a writ of execution . If the terms of alimony payment are violated, it can be transferred to bailiffs for forced collection of funds (Part 2 of Article 100 of the RF IC).

To draw up an agreement between the child-payer of alimony and the parent-collector, the parties need to visit a notary and provide him with the following documents.

1. Passports, and it is advisable for an adult child to have a birth certificate with him - to confirm the family relationship.
2. Certificates confirming the parent’s need (a pension certificate or written confirmation of disability is sufficient).
3. A certificate of the salary of the future payer (if he is employed).

Usually it is necessary to pay the notary not only the state fee, but also legal and technical services. Prices may vary depending on region. For example, in the Bryansk region, concluding an alimony agreement in 2021 costs around 5,000 – 6,000 rubles . It is recommended to check the latest information directly with the notary office.

Agreement on payment of child support for parents sample

Typically, notaries offer their own samples of alimony agreements. The form must indicate the initials and addresses of the parent and child, the amount of alimony, the period for its payment, indexation conditions, and the responsibilities of the payer and recipient of payments. Each party receives its own copy of the document.

correctly and timely drafted agreement on the payment of child support helps to avoid difficulties and deterioration of relations between children and needy parents.

Agreement on the payment of monthly funds for the maintenance of Ilya Fedorovich Petrov, born on May 12, 1955

Bryansk city February 12, 2021

Gr. Petrov Vladislav Ilyich, born 02/11/1979, native of <name of locality>, registered at the address: <registration address>, passport <series and number>, issued by <name of authority>, hereinafter referred to as “Payer” ", and gr. Ilya Fedorovich Petrov, born May 12, 1955, native of <name of locality>, registered at the address: <registration address>, passport <series and number>, issued by <name of authority>, hereinafter referred to as “Recipient” ", and together referred to as the "Parties", have entered into this Agreement as follows.

1. Subject of the Agreement.

   The subject of this Agreement is the payment of monthly maintenance (alimony) by the Payer to the Recipient, on the basis of Art. 87, 101 of the Family Code of the Russian Federation, due to the presence of a cause-and-effect relationship: the Payer is an adult able-bodied son of the Recipient, and the Recipient is a disabled parent in need (an old-age pensioner with a 2nd non-working disability group since 01/12/2021).

2. Amount of alimony.

   The monthly amount of alimony, in accordance with this Agreement, is 6,000 (Six thousand) rubles, payable to the Recipient's current account No. <account number>, opened in the bank branch <name and details of the bank>.

3. Deadline for payment of alimony.

   Alimony for the maintenance of a disabled Recipient is subject to monthly payment no later than the 13th day of each month. Costs associated with the transfer of funds and their delivery to the Recipient are subject to withholding from the Payer.

4. Indexing.

   In accordance with Art. 117 of the Family Code of the Russian Federation, alimony in a fixed sum of money is subject to indexation in proportion to the increase in the cost of living of the socio-demographic group of the Recipient. The Payer is responsible for the timely indexation of funds.

5. Duties of the parties.

   The Payer undertakes to promptly pay the alimony established by this Agreement to the specified settlement account of the Recipient, to carry out the indexation of funds established by the legislation of the Russian Federation, and to inform the Recipient in advance about possible changes that entail a delay in the monthly established amount of funds.

   The Recipient undertakes to promptly inform the Payer about changes in bank account details and other circumstances that may prevent the timely receipt of funds to the Recipient's account.

6. Changes to the terms of the Agreement.

   By mutual agreement, the Parties have the right to terminate this Agreement or change one of its terms in the manner prescribed by current legislation.

   Unilateral termination of the Agreement or change of its terms is not possible (or is allowed in court).

The agreement is drawn up in two copies, one for each of the parties, all copies have equal legal force. If the Agreement is not fulfilled voluntarily, it may be presented for forced execution.

The conditions for drawing up the Agreement, as well as the consequences of its conclusion, are explained and understandable to the Parties.

Payer ______________ Recipient ______________

Statement of claim for the recovery of child support from parents

If an adult child refuses to resolve the dispute voluntarily, the parent has the right to go to court.

A claim for alimony is filed in a magistrate's court according to the rules of alternative jurisdiction: the case can be considered both at the place of residence of the defendant and the plaintiff. The plaintiff parent is exempt from paying the state fee (clause 2, part 1, article 333.36 of the Tax Code (TC) of the Russian Federation).

The following documents must be attached to the statement of claim.

1. Passport of the applicant-plaintiff.
2. Birth certificate of the respondent's adult child (to confirm relationship with the applicant).
3. Documents indicating neediness plaintiff.
   • The pension certificate (upon reaching retirement age), the date of birth of the applicant will indicate the pre-retirement age.

   Certificate of disability (or documents confirming other difficult life circumstances).

4. Copies of receipts for the parent’s expenses (for treatment, housing, nursing services, purchase of medicines, etc.).

Note: The statement of claim for alimony in favor of the parent and the attached documents are submitted to the court in two copies - for the court and the defendant.

Documents can either be taken in person to the civil office of the magistrate’s court or sent by mail. After accepting the claim for proceedings, the court will notify the parties of the date and time of the hearing using a summons and (or) SMS notification.

Sample application for parental support

It is important to indicate the following points in the application:

1. Request for payment of alimony.
2. Justification for the desired amount of alimony: the amount of the disabled parent’s pension, calculation of expenses to meet the applicant’s needs (rent, food, medicines).
3. List of documents attached to the claim.

Payment of child support for parental support: law vs morality?

The issue of children supporting elderly parents is quite specific from a moral point of view. Indeed, there are many cases where, for example, a mother, due to an excessive addiction to alcoholic beverages, did not give her offspring enough affection and attention even at a time when they especially needed it. Hence the myriad of complaints and grievances among children who have become adults, up to a complete reluctance to communicate with their careless “ancestors.” What can we say about caring for them or voluntarily maintaining them. It is no coincidence that on the pages of Internet forums there is a widespread opinion that it is not necessary to pay for the maintenance of alcoholic parents. However, this has nothing to do with reality, just like the fact that, for example, children must transfer a third of their earnings to support their parents. In a word, if everyone has their own conscience, then the law is the same for everyone - although, of course, it provides for certain subtleties and exceptions, which we will consider. But first, let’s formulate what the law means by alimony aimed at supporting disabled parents.

Does the right to alimony apply to citizens living in other countries?

Article 118 of the RF IC indicates that if a citizen leaves for permanent residence in another state, then he is also entitled to voluntarily sign an agreement on the transfer of alimony with those family members whom he needs to support on the basis of the law.

“If an agreement is not reached, then, by analogy with the previous situation, the interested person has the right to come with an application to the court, demanding that the amount of alimony be established and its collection by transferring him a lump sum payment, providing one or another property as payment, or in some other way, provided for by law,” explains Ekaterina Antonova.

Who, when and under what conditions can count on receiving parental support from children?

The obligation of able-bodied children who have reached the age of majority to pay child support in favor of their parents arises primarily when the parents are disabled. In addition, children are required by law to support their parents when their own earnings or pensions are not enough to provide them with normal living conditions. Thus, the concepts of alimony for the maintenance of elderly parents, retired parents or disabled parents are, in fact, synonymous.

Federal News Agency /

In what situations do children have the right not to pay child support?

The law provides for a number of exceptions that allow children not to pay financial assistance to their needy parents. They can be relieved of the need to support their parents in the following cases:

• The court found that the parents withdrew from fulfilling their parental responsibilities
• Parents were previously deprived of parental rights
• Parents are in the care of an organization or a citizen (citizens), for example, a parent has entered into an agreement providing for his lifelong support at the expense of this organization or citizen
• Parents live free of charge in homes for the disabled and elderly or some other inpatient social service organizations