Lately, there has been very frequent “news” that in some regions lawsuits are being filed every now and then against minor children for the debts of their deceased parents. The information provided on social networks is savored under the guise of “political state repression.” Our company will not give political assessments of certain actions of government authorities, although it admits that it often does not agree with them, but believes that it is necessary to clarify this issue in more detail in order to avoid misunderstandings.
Does the father pay child support after 18 years of age?
Adults have the same rights as adults. They can vote in elections, marry without parental consent, work and support themselves. But most often these possibilities are nominal, since in practice they are extremely difficult to implement.
Young people are still as dependent on their loved ones as before: they continue to live with them under the same roof and cannot yet find a job, as they must get an education. Often the financial situation of families, especially single-parent families, is difficult, and one mother is not able to provide an adult child with everything necessary.
Some adults remain attached to relatives for much longer, sometimes throughout their lives. We are talking about people with disabilities who need assistance, regular care or medical rehabilitation. Social benefits provided by the state are meager and most often do not provide even the basic needs of people with disabilities, not to mention full rehabilitation or a decent quality of life.
In these cases, the responsibility to provide financial support for children remains on the parents. Not only the mother with whom he remained after the divorce should take part in the child’s life. If the father does not seek to provide assistance to his son or daughter voluntarily, then the court can convince him of this.
pixabay.com/Anemone123
RAA Law
Who and how can protect the rights of minors in court?
The right to judicial protection of minors. When civil procedural capacity occurs. The ability to exercise procedural rights through their actions, perform procedural duties and a representative (civil procedural capacity) belongs in full to citizens who have reached the age of eighteen and organizations. The right to judicial protection of a minor.
A minor may personally exercise his procedural rights and perform procedural duties in court from the time of marriage or declaration of full legal capacity (emancipation). The rights, freedoms and legitimate interests of minors aged fourteen to eighteen years, as well as citizens with limited legal capacity, are protected in the process by their legal representatives. However, the court is obliged to involve
When can you apply for child support after 18 years of age?
“Alimony for adult children is paid only in certain cases,” comments lawyer Ruzanna Khanamiryan. “This is possible if the child is a disabled person of the first and second groups, that is, unable to work, cannot move independently, or has serious chronic diseases and needs care.”
In case of disability of an adult, you can apply for payment of monthly maintenance indefinitely. The court has the right to oblige the second parent, who does not live with the family and does not help the disabled child in any way, to pay money throughout his life. The payment is assigned in a fixed amount: the minimum is 14,900 rubles, and the maximum is not limited. It is determined by monthly expenses for care, rehabilitation, and the purchase of medications, if necessary.
In this case, a parent who lives with and cares for a disabled child must prove that his income (salary or social benefits) is not enough to pay expenses related to the illness. Therefore, he is forced to turn to the second parent for financial help.
Federal News Agency (FAN)
What is the child not responsible for and to what extent?
The child is responsible only for the debts of the parents that remain after death, in an amount not exceeding the value of the inherited property. For example, if a deceased parent left a child an inheritance of 100,000 rubles, and debts of 90,000 rubles, then the child will have 10,000 rubles left, and if the debts are 110,000 rubles, then they will take all 100,000 rubles, but will not take any more, i.e. To. nothing (even if the child has his own property, which, for example, was donated by the same deceased parent; although the gift transaction can, theoretically, be challenged).
Alimony for a student child after 18 years of age
Obliging the second parent to pay child support if the child is healthy and able to work is much more difficult. The position of the courts in this case is clear - the need for maintenance must be proven.
“If a child studies at a university or technical school, you can apply for alimony,” the lawyer clarifies. - But here it is important to comply with several conditions. Firstly, training must be face-to-face. If the child entered into a contract, payment will be denied. Secondly, it is necessary to confirm that while he is undergoing training, the young man cannot support himself, and the mother with whom he lives also does not have sufficient income for maintenance, which is why she applies for the collection of alimony from the father.”
pixabay.com/455992
If the need for payment is proven, then alimony for a student after 18 years of age will be assigned in a fixed amount. And the parent will have to pay them until the child reaches 23 years of age or until the family’s financial situation changes.
Who has the right to apply to court to terminate parental rights?
May 21, 2019
Deprivation of parental rights is an extreme measure, and its use is possible only if there is no longer any hope for the child’s parents to correct their behavior, lifestyle and attitude towards his upbringing. Typically, filing a claim in court for deprivation of parental rights is preceded by long-term preventive work by government agencies.
The procedure for depriving parental rights is regulated by the norms of the Civil Procedure Code of the Russian Federation and the Family Code of the Russian Federation. In accordance with Art. 70 of the RF IC, deprivation of parental rights is carried out only by the court. Other bodies do not have the right to consider this issue. Cases of deprivation of parental rights are considered in civil proceedings through a lawsuit, since a dispute arises about the preservation or deprivation of parental rights. The plaintiff in a case of deprivation of parental rights should be considered the child himself. The person at whose request the case was initiated is the child’s representative (applicant). A claim for deprivation of parental rights may be brought by:
- one of the parents (persons replacing them, that is, guardian, trustee, adoptive parents), and it does not matter where this parent is located: whether he lives with his children or at another address;
- bodies or institutions charged with protecting the rights of minor children - guardianship and trusteeship bodies, commissions for minors, educational institutions for orphans and children left without parental care, children's homes, boarding schools, orphanages, homes for the disabled, social rehabilitation centers for minors, centers for helping children without parental care, territorial centers for social assistance to families and children, social shelters for children and adolescents, boarding schools for children with physical disabilities and others;
- prosecutor.
Other interested persons (for example, close relatives, neighbors) or authorities do not have the right to file a claim for deprivation of parental rights directly to the court, but may petition the competent authorities or the prosecutor to do so.
Consideration by the court of a claim for deprivation of parental rights brought by a body not specified in Art. 70 of the RF IC, may lead to the cancellation of the court decision. If a claim is brought by an unauthorized person or body, the court issues a ruling to leave the case without consideration or, if the case is already being considered, a ruling to terminate the case.
Prepared by the Klepikovsky District Prosecutor's Office
Return to list
If we can agree...
Fathers do not always refuse to support their children. If a parent left the family, but wants to help his son or daughter while studying at a university, an agreement can be reached. For example, agree on a monthly amount to pay for the student’s current expenses: living in a dormitory, buying groceries, paying for travel. There is no longer any need to transfer money to the mother - an adult can receive it directly from the father and use it for his own needs.
Typically, such agreements are concluded orally: an amount is agreed upon, and then the father transfers the money to the account or gives the child in cash. You can also enter into a written agreement, where you need to indicate the form of payment: a percentage of the father’s income or a certain amount that he is willing to pay monthly, the regularity of payments, their terms. Both parents and an adult can enter into an agreement with their father or mother.
The peculiarity of such an agreement is its voluntariness. It is impossible to force a parent to pay, even if he signed the paper. The only way to achieve guaranteed payments is to collect alimony after the age of 18 for a student at a university or college through the court.
pixabay.com/qimono
Collection procedure
“The collection of alimony for adults by court order is not carried out,” comments Ruzanna Khanamiryan. - This is only a claim proceeding. You need to go to court and prove that maintenance is necessary, since the second parent cannot independently pay for the child’s education and other expenses, and the child himself cannot yet provide for himself either.”
When filing a claim in court, you must provide supporting documents:
- birth certificate;
- an agreement with an educational institution, which states that the student is a full-time student and necessarily on a budget;
- documents of the mother's solvency.
It is important to understand that the arguments presented in court must be convincing. It is necessary to confirm the difficult financial situation of the family, to show that the mother has a small salary, which she cannot cover the costs of maintaining and educating the child. Provide other evidence, for example, that there are several children in the family, and the father does not help financially. If the court supports the mother's demands, the bailiffs will collect the money from the father's official income.
What influences the father-child meeting schedule?
In the decision to determine the order of communication with the child, the court determines on what days and at what times the meetings will take place. In addition, it is indicated where these meetings are held, and whether the mother's presence is required.
The guardianship authorities, and along with them the court, take into account the following factors:
- gender and age of the child;
- the current relationship between father and child, the child’s attachment;
- child health;
- father's health;
- whether the father was brought to criminal or administrative liability;
- the presence of alcohol, drug or other addictions in the father;
- father's financial situation, living conditions.
As long as the father is not deprived of parental rights, he has the right to communicate with the child, participate in his upbringing, and receive information about the child. Therefore, no matter how bad the father is, according to the mother, the court will provide him with time to meet with the child. The only question is to what extent the court, based on the above factors, will consider such communication safe for the child.
