What are “additional expenses for a child” and how to recover them?

In recent years, the consideration of cases for reimbursement of costs and further assistance to sick children has increased significantly.

Let's consider one of these cases:

The mother of a disabled child filed a claim for reimbursement of money already spent on treatment and further financial participation of the father in family affairs, directly related to the disabled child. She provided calculations that included not only regular drug treatment, paid examinations by specialists, but also the purchase of a wheelchair, as well as a stay in a rehabilitation center and payment for a visiting nurse.

Having considered the case materials, the court decided to recover from the father 50% of all expenses already incurred and award him a fixed monthly payment in the amount of 4,560 rubles. 50% of the costs fall on the mother, since she works full-time and entrusts the care of her disabled child to a nurse.

How to recover additional child support expenses from your ex-husband

What needs to be done to get additional money for a child from your ex-husband?

It is no secret that raising children is not an easy task, and sometimes even overwhelming for a single parent. What can we say about the cost of food, clothing, toys, textbooks, clubs and sections. And here I don’t mean any frills, but simply all the essentials.

Most often, the other parent, who does not live with you, either does not pay child support at all, or pays from the so-called white salary, the amount of which can only cause hysterical laughter. And the ex-husband does not despair of trying to live independently with a child on 1500-2000 rubles a month.

Additional child support costs other than alimony

  • The court decision to collect arrears of alimony, Article 113 of the RF IC, is to be collected from D.V. Sokolov. in favor of Smirnova E.N. debt on alimony obligations for the period from July 17, 2005 to February 5, 2009 in the amount of 214,159 rubles
  • The court's decision on the inaction of bailiffs in collecting alimony. Satisfy Kanakhina's application in terms of declaring illegal the inaction of bailiffs of the Savyolovsky department of the SSP service of the Federal Bailiff Service of Russia in Moscow, to impose the obligation on the bailiff to index alimony for the maintenance of a minor child, subject to recovery in favor of Kanakhina E.E. .

Collection of additional expenses for child support - judicial practice

In recent years, the consideration of cases for reimbursement of costs and further assistance to sick children has increased significantly.

Let's consider one of these cases:

The mother of a disabled child filed a claim for reimbursement of money already spent on treatment and further financial participation of the father in family affairs, directly related to the disabled child. She provided calculations that included not only regular drug treatment, paid examinations by specialists, but also the purchase of a wheelchair, as well as a stay in a rehabilitation center and payment for a visiting nurse.

Having considered the case materials, the court decided to recover from the father 50% of all expenses already incurred and award him a fixed monthly payment in the amount of 4,560 rubles. 50% of the costs fall on the mother, since she works full-time and entrusts the care of her disabled child to a nurse.

Is it possible to recover money other than alimony?

The current norms of family law determine the possibility of collecting material resources for the needs of minor children that are not included in the alimony obligations.

Parents have a number of rights and responsibilities that must be observed in accordance with the law. The main functions include:

  • care;
  • attention;
  • financial support for minors (disabled adults);
  • comprehensive development;
  • education.

Parental responsibilities are shared equally between father and mother, with some exceptions (single mother). The guarantee of parental participation in the life of the child is child support obligations, established compulsorily or voluntarily.

If a difficult situation arises that requires additional costs for the needs of the child in addition to alimony, the legal representative of the minor has the right to recover funds from the child support obligee in a fixed amount.

The list of exceptional cases is provided by the RF IC. The claimant must provide undeniable evidence to satisfy the claim for additional costs to be imposed by the court.

How to recover additional expenses for a child, in addition to alimony?

Financial support for the child is the direct responsibility of the parents. Satisfaction of children's needs does not always occur through regular payments established voluntarily or compulsorily. In some cases, there is an obligation to bear additional expenses for the child other than child support.

Is it possible to recover money other than alimony?

The current norms of family law determine the possibility of collecting material resources for the needs of minor children that are not included in the alimony obligations.

Parents have a number of rights and responsibilities that must be observed in accordance with the law. The main functions include:

  • care;
  • attention;
  • financial support for minors (disabled adults);
  • comprehensive development;
  • education.

Parental responsibilities are shared equally between father and mother, with some exceptions (single mother). The guarantee of parental participation in the life of the child is child support obligations, established compulsorily or voluntarily.

If a difficult situation arises that requires additional costs for the needs of the child in addition to alimony, the legal representative of the minor has the right to recover funds from the child support obligee in a fixed amount.

The list of exceptional cases is provided by the RF IC. The claimant must provide undeniable evidence to satisfy the claim for additional costs to be imposed by the court.

Grounds for collecting additional expenses

Article 86 of the RF IC defines the grounds for collecting additional funds for the needs of the child. These are situations related to the life and physical condition of children:

  • serious disease;
  • mutilation;
  • payment for services to third parties for the care of a disabled child or disabled person;
  • others.

The last point, regulated by law, has given many parents the opportunity to take advantage of the chance to receive additional payments for a variety of life situations.

A correctly drawn up statement of claim and argumentation of facts with the provision of evidence help in collecting additional monetary payments in cases not directly provided for in Article 86 of the RF IC.

Methods and form of collection of additional charges. funds

According to the norms of the current legislation, payments for the collection of additional expenses for the needs of children take the form of a fixed sum of money, determined by the judicial authority in the procedure of claim proceedings.

The fixed size is affected by the following circumstances:

  • financial situation of the father and mother;
  • the fact of fulfillment of alimony obligations established voluntarily or compulsorily;
  • the amount of monthly maintenance of a minor from the person liable for alimony;
  • Marital status of each parent:
  • children born in the next marriage after divorce;
  • dependents;
  • argumentation of the required amount of additional funds;
  • other circumstances requiring attention, in the opinion of the parties.

Collection of additional expenses is made in 2 ways:

  1. Voluntary – drawing up a mutual agreement between the child’s parents, certified by a notary. The structure of the written document must correspond to the following points:
    • personal data of participants in legal relations;
    • base;

  2. calculation of the amount of additional payments;
  3. rights and obligations of the parties;
  4. conditions, method and procedure for making payments;
  5. algorithm for making changes and additions to the text of the contract;
  6. responsibility;
  7. reasons for termination of payments;
  8. details of the recipient and payer;
  9. date of signing.
  10. Conditions for signing a child support agreement:

  • mutual consent of the recipient and the payer;
  • mutual benefit;
  • joint visit to the notary.

The use of this option involves paying for notary services for registration and certification of agreements. The agreement has the force of an executive document.

  • Forced - drawing up and filing a statement of claim in accordance with the rules of civil procedure. Participation of a parent in additional expenses for a child can take different forms:
    • compensation for the funds actually spent by the plaintiff;
    • current payments.

  • Peculiarities of consideration of the case in court:

    • equality of the parties;
    • preference for the interests of a minor child;
    • assessment of the degree of need;
    • proportionality of payments;
    • reasonableness;
    • determining the regularity of payments - for a certain period or indefinitely;
    • additional form expenses - a fixed amount of money.

    Collection procedure

    Additional expenses are not included in child support obligations in favor of a minor or disabled child. However, it is possible to begin the process of withholding such payments simultaneously with the case of alimony.

    If the alimony obligee evades the provision of additional material support, the legal representative has the right to recover the necessary funding through the court in the following order:

    1. Filing a claim:
        drawing up a document in accordance with the procedural form;
    2. collection of documents.
    3. Opening of proceedings – judicial determination:
        initiation of a case;
    4. preparation period for the trial;
    5. basis (cause) of the dispute.
    6. Preliminary hearing:
        determination of the list of questions;
    7. submission of requests by interested parties, presentation of evidence and objections.
    8. Judicial review:
      • presence of the parties (reasons for non-appearance);
      • powers of participants, conditions of the hearing;

    9. examination and evaluation of evidence and oral testimony.
    10. You should understand the significant difference that alimony is a mandatory payment, and additional payments. expenses - no. This is just a right provided for implementation in specific cases. The plaintiff must prepare with maximum responsibility for the proceedings, excluding the possibility of refusal to satisfy the claims.

    11. Decision-making.
    12. Collection.

    The result is a writ of execution, which is the basis for forced collection of alimony from the person liable for alimony by the joint venture service. This stage is identical to the procedure for receiving alimony payments. In the event of a voluntary refusal to comply with a court decision by the payer, there are measures of a different nature:

    • restriction of freedom of movement when traveling beyond the state borders of Russia;
    • seizure of property;
    • deduction from wages made by the employer.

    If additional funds are not paid in favor of a minor or disabled child, the following will not apply:

    • accrual of penalties;
    • criminal liability.

    Where to contact?

    The court is involved in a family dispute if there is no possibility of a peaceful settlement of the issue. The choice of the competent institution is determined by the rules of civil procedure.

    The statement of claim is filed in the magistrate's court in accordance with the rule of alternative jurisdiction: at the place of residence of the plaintiff or defendant.

    According to Article 106 of the RF IC, the applicant can be an adult child in need of financial assistance. If there is a fact of incapacity due to mental illness, the plaintiff is the legal representative.

    How to make an application?

    A statement of claim that meets the requirements of the Code of Civil Procedure of the Russian Federation is submitted to the court office. A document with errors, unclear corrections, or contrary to procedural rules is the reason for return.

    The claim has an inherent price element, which requires comprehensive objectivity when considering the case in the course of the claim proceedings. The application writing scheme meets the following points:

    1. “Header” (upper right corner of the first page):
        name of the competent authority;
    2. personal data of the parties to the process;
    3. actual place of residence of the parties (registration), means of communication (mobile, landline phone number, email, fax);
    4. information about children (full name, state registration).
    5. Descriptive part:
        marital status (registration actions);
    6. children together (with whom they live);
    7. description of the subject of the dispute;
    8. evidence base;
    9. determination of the amount of additional payments (features and principles of calculation);
    10. cost of the claim (frequency and duration of monetary support);
    11. applications.
    12. The operative part is the requirement to collect additional expenses.

    Proper execution determines the essential conditions when drawing up a document:

    • official business style;
    • prohibition on the use of obscene terminology;
    • objectivity;
    • brevity;
    • restraint;
    • accuracy;
    • chronology of events.

    The application is duplicated 3 times: one copy each for the plaintiff, defendant and court.

    Required documents

    Each copy of the claim is accompanied by documentation confirming the circumstances of the particular case, which includes:

    • passport data of the parties to the process;
    • legal confirmation of the conclusion, divorce, birth of joint children;
    • a certificate of the quantitative composition of the family, certifying the child’s place of residence;
    • confirmation of the relationship between the payer and the minor;
    • information about the income of the plaintiff and defendant;
    • medical certificates: about the disability group, about the presence of a serious illness;
    • MSEC conclusion;
    • receipts received as a result of the purchase of drugs for treatment;
    • list of medications for upcoming expenses.

    Copies of applications are subject to certification in the prescribed manner. Participation in court proceedings by third parties obliges the plaintiff to prepare an additional copy of the documents.

    Providing other official documents is not prohibited. If the information is not enough to make an objective decision, the court is competent to request additional material from officials.

    You do not need to include a receipt for legal fees with your application. According to Art. 333.36 of the Tax Code of the Russian Federation, the applicant is exempt from paying state duty. Court fee established by Art. 333.19 of the Tax Code of the Russian Federation, in the amount of 150 rubles, is recovered from the defendant.

    Arbitrage practice

    As a rule, when establishing additional funding for the benefit of a child, the court divides the required amount into equal parts between the parents. But there are exceptions.

    The distribution of parental responsibilities in the area of ​​financial support for minors is carried out taking into account specific circumstances. It is possible to make a decision to reduce or increase the amount of the defendant’s monetary obligations required in the statement of claim. The basis is the income of the parties and the argumentation.

    As judicial practice shows, when considering the need for additional expenses, the share of the child support holder (usually the father) is much higher. The explanation is the lack of employment opportunities for the mother in the case of constant care for a sick child.

    Additional recovery amount funds in some cases can reach half of the earnings received.

    Example

    Citizen Maslova V.A. has been raising a disabled minor child since childhood. The father is appointed as the payer of alimony, but does not fulfill his obligations.

    The ex-wife again went to court demanding payment of the debt and collection of additional expenses for the upcoming operation for her son. Maslova V. A.

    unable to independently satisfy the child’s material needs, as he is unable to find a job due to round-the-clock child care.

    The court, having examined the case materials, satisfied the claims and established a fixed amount of additional funding. The FSSP applied with a writ of execution to the employer of the alimony obligee with the aim of forcibly deducting the amount of current obligations and repaying the debt.

    Is it possible to recover additional funds? child's education?

    The law does not directly prohibit the right of a child’s representative to demand financial resources for the minor to receive additional education.

    Despite the primacy of children's interests, such demands will be refused due to the lack of a vital need for the implementation of a paid educational process.

    If your child is often sick

    If there is no degree of disability in a frequently ill child, the court may recover additional expenses from the parent under certain conditions:

    • presence of a serious diagnosis;
    • the need for surgical intervention;
    • purchase of expensive medications;
    • conducting surveys.

    In this case, the court will take into account:

    • alimony obligations;
    • parents' well-being;
    • privileges and benefits provided at the state and municipal level;
    • money spent on treatment.

    Payment for a sea holiday

    The requirement to recover financial support for a sea holiday can be satisfied if there is a professional recommendation from medical personnel (attending physician) - a referral to a rehabilitation sanatorium.

    The court will consider and evaluate issues of cost, participation of other relatives in financing and make an objective decision.

    Are additional options possible? collections after 18 years?

    The law provides for the appointment of additional funding in favor of children who have reached the age of majority in the presence of circumstances provided for in Article 86 of the RF IC.

    The recovery of financial assistance is established by the court, taking into account the balance of rights and obligations of all interested parties.

    Conclusion

    Let's summarize:

    1. The law establishes the possibility of collecting additional funds for child support, except for alimony.
    2. Funds can be paid voluntarily or forcibly collected.
    3. Payments are collected through legal proceedings.
    4. The plaintiff must prove the need for this support for the child (surgery, treatment).
    5. The court will take into account the payer's capabilities when assigning payment. Not in every case the plaintiff’s demands are satisfied.

    If you believe that child support payments do not cover the necessary expenses for the child, then you can seek assistance for additional expenses. To do this, you need to contact a lawyer to file a claim. Our website specialists will provide advice on all the nuances of this process.

    Source: https://SocPrav.ru/kak-vzyskat-dopolnitelnye-rashody-na-rebenka-pomimo-alimentov

    Alimony and additional child expenses

    According to Art. 86 of the RF IC establishes the main reasons for collecting additional funds for a child, however, the wording of this rule of law allows us to talk about some understatement, since it contains a clause about “other circumstances”. The exceptionality of other circumstances can only be assessed by the court, but if there is no serious need for joint payment of such expenses, the claim will be rejected.

    According to paragraph 1 of Art. 86 of the RF IC establishes the following types of grounds for the recovery of additional funds for a minor:

    1. A serious illness of a child that requires expensive treatment, including abroad. However, if there is the possibility of free treatment at the state level under the compulsory medical insurance policy, the claim may be denied, since the guardian parent independently decided to receive paid medical services.
    2. The presence of an injury in a minor or its acquisition during a lifetime separate from the paying parent. In particular, receiving serious injuries in an accident that require urgent intervention and cannot be carried out in the locality where the child lives. In some cases, delivery of a child to another medical facility may be at the expense of parents or guardians due to the lack of equipment or the availability of a public clinic. The collection of additional child support from the second parent under such circumstances will be fully justified.
    3. The need to pay the costs of a disabled child, which can significantly exceed not only pension payments, but also alimony. In particular, this may be the need to purchase a wheelchair, conduct research, pay for flights to another country for treatment if Russian specialists cannot take on such a case, and much more.
    4. There is an urgent need to pay for the rehabilitation of disabled children before they reach adulthood, including the purchase of special devices to improve the quality of life, attendance at paid courses on the development of the musculoskeletal system, brain function, and more.
    5. The need for additional treatment or rehabilitation of adult disabled children of the payer, for example, to purchase medications, pay for treatment in crisis centers, carry out rehabilitation procedures, and so on.

    The phrase “other circumstances”, which does not provide specifics, gives rise to a large number of claims and litigation for a variety of reasons - payment of utilities, reimbursement of half the cost for equipment that a minor needs at school, payment for additional education of a child, reimbursement of expenses for the purchase of things for social life of a minor (bicycles, toys, educational books), etc.

    Unfortunately, most cases regarding such claims end not in favor of the plaintiffs, since the funds actually spent on the child by the guardian parent are not grounds for demanding compensation. An important aspect is the financial situation of each of the parties, therefore, if the parent raising the child does not need additional payments, then it will not be possible to recover half of the expenses from the payer even if all supporting documents are available. In this case, the court decision will not be in favor of the recipient.

    Collection of additional expenses for a child under Art. 86 Family Code

    As we wrote earlier, the State Duma of the Russian Federation adopted changes to Article 86 of the Family Code of the Russian Federation (FC RF), which regulates the court’s involvement of parents in participating in the payment of necessary additional expenses for the child.

    If you are only interested in frequently asked questions and answers on this topic, then feel free to skip to point 5 of this article. The algorithm for collecting additional expenses is from clause 2. Samples of the statement of claim and Objections to the statement of claim - clause 6.

    articles:

    1. What changes and what is the status of the bill?

    2. Algorithm for obtaining funds for additional expenses

    3. How will it be applied?

    4. Complex and pressing issues of application of the new edition of Article 86 of the RF IC.

    5. Sample documents:

    statement of claim for the recovery of additional expenses;

    objections to the statement of claim.

    What changes and what is the status of the bill?

    These changes concern the child's rights to housing. This means that if, after a divorce, a child remains to live with one of the parents, and he, for example, has lost income and can no longer pay rent or for other reasons may lose his home, then such a parent will have the right to file a lawsuit to recover money amounts for additional expenses from the second parent.

    Previously, judicial practice developed in such a way that the courts recovered sums of money for additional expenses from the second parent only in the event of some serious illness or injury to the child that required additional expenses.

    At the moment, the law has been signed by the President of the Russian Federation and on February 6, 2020 officially published on the portal www.pravo.gov.ru. This federal law will take effect on February 17, 2021.

    (1) Determine the amount of required alimony and additional expenses.

    According to paragraph 1 of Art. 61 of the RF IC and clause 1 of Art. 80 of the RF IC, parents are obliged to financially support their children, and also have equal rights and responsibilities in relation to their children. From these norms of Russian family legislation it follows that parents are obliged to equally support their children.

    Therefore, if you have lost income or for other reasons may lose the home in which you live with your child, you first need to calculate the amount per month that you will need to receive from the second parent (basic alimony) and file for collection.

    And then calculate additional costs in accordance with your circumstances and recover them through the court. Focus on half of the actual costs of maintaining the apartment, since the court will proceed from equality of parental responsibilities.

    (2) Try to discuss this situation with the second parent and sign an Agreement with him on the payment of child support and additional expenses for the child's maintenance

    If there are no disagreements between the parents, Russian family law provides for the possibility of concluding an Agreement on the payment of alimony.

    The amount and procedure for paying alimony can be established in different ways.

    The amount can be calculated as a certain percentage of the income of the second parent (at least a quarter), or can be set as a fixed amount (for example, 20 thousand rubles every month or in the amount of the subsistence minimum).

    The amount for additional expenses is set only in a specific amount (no percentage of income). Methods of paying alimony can also be different: you can pay in cash, you can transfer money to a card.

    Important! The agreement to pay alimony must be certified by a notary, only in this way it becomes valid and will have the force of a writ of execution.

    (3) If negotiations do not produce results, we go to court

    According to the updated paragraph 1 of Art. 86 of the RF IC, if the parents do not agree on additional expenses and in the absence of residential premises suitable for permanent residence, the court has the right to force each of the parents to bear additional expenses.

    To go to court, you must collect documents confirming the occurrence of exceptional circumstances (a dismissal order, an order to transfer to a lower rate, a document confirming a fire in the apartment or the need for eviction, a certificate from the bank about the lack of funds in the accounts, etc.).

    You should also prepare copies of the child’s birth certificate; marriage and divorce certificates (if available); a document confirming the child’s residence with you; documents confirming financial and marital status, presence of dependents, etc.

    Then you will need to draw up a statement of claim according to the rules of the Civil Procedure Code of the Russian Federation and be sure to indicate the following there:

    a) the name and address of the court where the claim is filed;

    b) information about the Plaintiff and the Defendant;

    c) information about what constitutes a violation of rights or only a future violation, as well as the circumstances that justify the legality of the requirements (the presence of exceptional circumstances);

    d) the request for payment of alimony and additional expenses and the calculation of this amount;

    e) information about the financial and marital status of the Plaintiff and the Defendant, the presence of dependents, etc.;

    f) a list of attached documents and proof of sending to the other party.

    After this, it is necessary to send the second parent a copy of the statement of claim and attached documents, which he does not have, and also indicate this in the Appendix to the statement of claim.

    ! There is no need to pay state duty for claims for alimony.

    The completed statement of claim and the documents attached to it must be submitted to the office of the district (city) court at the place of residence of the Defendant or Plaintiff, at your choice. These documents can be submitted either personally or through a representative if you issue a power of attorney for him.

    The court will accept the documents for consideration and set a date and time for the court hearing, where you will be invited by summons by mail or other means.

    You must participate in the court hearing in person or send a lawyer in your place by proxy, then after the time for appeal has expired, you must receive the court decision.

    Important! The court decision to collect alimony is subject to immediate execution. This means that, if necessary, you can immediately ask the court to issue you a writ of execution, without waiting for the appeal period to pass.

    How will the law be applied?

    The changes will only come into force at the end of the month, and of course, for now we can only speculate about how they will be applied in practice.

    However, it is already clear that the court will establish the amount of alimony, taking into account the financial and marital status of both the Plaintiff and the Defendant, as it did when determining the amount of additional alimony for the treatment of the child.

    This means that the court will examine the following facts: the amount of income of the Plaintiff and the Defendant, marital status and the presence of other children or dependents, etc.

    In Article 86 of the RF IC, these important circumstances are not limited, that is, these may be “other interests of the parties that deserve attention.”

    Also, the court will establish alimony only in a fixed amount of money, that is, there is no talk of any percentage of income.

    Questions are raised by the contradictory wording of the article itself. In paragraph 1 of Art. 86 of the RF IC, an exceptional circumstance is called “the absence of residential premises suitable for permanent residence,” which from a literal interpretation can be understood that under this article alimony can be recovered only when there is no longer housing and the parent and child do not have a place of residence at all.

    On the other hand, in paragraph 2 of Art. 86 of the RF IC stipulates that the court can recover from parents additional expenses already incurred, as well as “expenses that need to be incurred in the future.”

    (1) How much will the other parent need to contribute to the cost of housing for the child?

    It is necessary to assume that both parents are obliged to pay for the child’s accommodation in equal shares, unless the court additionally establishes the obligation to support the child’s mother.

    Let's look at an example. The mother lives with 2 minor children and has no source of income and savings, rents a 2-room apartment and went to court to collect additional expenses from the children’s father in the amount of a month’s rent for rented housing.

    The court will satisfy the application partially, in a fixed amount, in the amount of ⅓ of such total expenses for the apartment, since 3 people live in the apartment, and children account for ⅔ of such expenses, while the father’s expenses will be half of the ⅔, i.e. ⅓ of the total fee for a rented apartment.

    (2) Will the ex-spouse be required to pay additional housing costs for the child if his place of residence is determined with the father?

    Yes, she will be obliged, since in this case the Family Code of the Russian Federation does not make a difference between parents by gender. If there is no agreement between the mother and father to recover such expenses, the father will be obliged to apply for recovery to the court.

    (3) Will the other parent be forced to pay the mortgage taken out by the parent with whom the children live?

    Article 86 of the Family Code requires payment of living expenses for children, and not the purchase of real estate by the second parent. Consequently, the parent will be required to cover only half of the expenses of the market rental price of this apartment, in the share attributable to his children.

    Let's explain with an example. Mom lives with 3 minor children and has no source of income and savings, pays a mortgage for a 2-room apartment, a loan is issued for her, just like a mortgaged apartment. The mother of the children went to court to collect additional expenses from the father of the children in the amount of the monthly mortgage payment.

    The court will satisfy the application partially, in a fixed amount, in the amount of ⅜ of the expenses for the apartment, since 4 people live in the apartment, and children account for ¾ of such expenses, while the father’s expenses will be half of ¾, i.e.

    ⅜ of the total market rent for such an apartment. If the court accepts the market valuation of the rental of such an apartment as 10,000 rubles, in this case the father will be charged 3,750 rubles. additional expenses monthly (⅜ from 10,000 rubles).

    (4) Are “housing alimony” collected by bailiffs automatically if “ordinary alimony” has already been collected?

    No, you must submit a separate claim.

    (5) Is it possible to collect “housing alimony” from a parent if he does not even pay the usual ones?

    Yes, sure. In essence, this is the collection of additional expenses, and if the father does not have an official income, then this is not a basis for the court to refuse to collect both alimony in a fixed amount and additional expenses.

    How to do this is disclosed in our article.

    (6) Can a parent recover future living expenses for the child?

    Let's consider a situation in which, after a divorce, the child remains to live with his mother, and they live in a rented apartment. Her salary is small, and she has not been able to save anything; most of her salary goes to renting an apartment and everyday expenses. Arriving at work, she receives a dismissal order.

    According to the terms of the lease agreement, if she doesn’t pay, then in a month she and her child will end up on the street. She only has money in the bank for one month of rent, and she will be looking for a new job for at least several months.

    That is, in fact, at the moment she and her child still have housing and the question arises - can the mother now file a claim in court to collect additional alimony? Moreover, the court will schedule the first hearing in at least a month.

    Common sense dictates that maybe she shouldn’t wait for the day when she and her child will be on the street. Moreover, if you take into account clause 2 of Art. 86 of the RF IC, which allows the recovery of “future expenses”.

    However, whether this will be enough for the court, we will see only after the formation of the judicial practice itself.

    In what cases do you need to pay extra?

    This is stated in Art. 86 of the Family Code of the Russian Federation. The list of reasons is as follows:

    1. Money is needed for the child's treatment. We are talking about cases where there is a serious illness. It is difficult to clearly distinguish between severe and non-severe diseases. Moreover, if the claimant, payer and judge do not have a medical education. However, one of the most important pieces of evidence in the case is the medical report. In addition, the court determines how much money and within what time frame must be collected in order for the treatment to be quick and successful. All expenses are taken into account: for maintaining a satisfactory condition, treatment, rehabilitation, etc. Obviously, treatment is now very expensive. Therefore, if children get sick, most of the family funds are spent on medicines.
    2. Funds are needed to care for the child. For example, in cases where a minor has been seriously injured. Again, the court makes a decision on the need for additional payments or the absence of such a need, based on the specific life situation.

    USEFUL INFORMATION: Recognition of the fact of a person's incapacity through the court
    It should be noted that this list is not exhaustive. The ex-husband’s obligation to pay additional money for the child to his ex-wife may also arise as a result of a combination of other circumstances.

    Advice to ex-wives is to try to demand payments from the fathers of children in any situation when the child needs it. There is no state fee for filing a claim in court. Consequently, even if the claim is denied, the mother of the minor will not suffer any financial losses.

    It is important to note that additional money so necessary for the child can be collected:

    • to receive compensation for existing expenses;
    • to obtain funds for future expenses.

    Let us remind you that with the collection of alimony, things are different. The father is obliged to start paying child support only from the moment the claim is filed in court. In rare cases, it is possible to recover alimony for the past three years if the ex-wife asked for payments, but the father of the son or daughter refused. Of course, if there is evidence of this.

    With the payments discussed in this article, everything is different. For example, a child is planning to undergo a complex, expensive operation. The ex-wife, with whom the minor lives, can roughly calculate the amount of expected expenses and ask the spouse to allocate funds. If he refuses to pay, then the court will determine whether the man is obliged to give money, and if so, in what amount.

    Additional child support costs

    Federal Law No. 10 - Federal Law of February 6, 2021 amends Article 86 of the Family Code of the Russian Federation and obliges parents to participate in additional expenses for children if the expenses are caused by exceptional circumstances.

    Exceptional circumstances include:

    • Serious illnesses
    • Injuries
    • Costs for additional treatments
    • If the child is cared for by a stranger
    • Expenses for education of sick children
    • Lack of residential premises suitable for permanent residence

    General provisions

    Only if you have income within the framework of the FSSP of Russia website, send all supporting documents for ownership of it. Who and how will remain after the death of the father. You can recognize him as incompetent, firstly, you are right. Consequently, you purchased it for the house in which you purchased an apartment as shared ownership, so you need to apply to the court to recognize the ownership of 1 2 shares of your daughter’s apartment. After a minor child lives in it, you will not be subject to administrative punishment in the form of imprisonment as a result of a week of such a transaction, and accordingly you will have to participate in the process and they have such a practice. Most likely, this could not confirm that the text of the ban was presented by the documents in your interests. Contact me, I agree with your new HOA and computer and check the impossibility of restoring your share.

    Collection of additional expenses

    The main criterion and starting point for collecting additional expenses is the child’s need for such help from the parents. If there are exceptional circumstances, the child needs additional expenses, they will be collected from the parents or one of them.

    When the court determines the participation of parents in additional expenses, the size of these expenses is taken into account. Next, the financial capabilities of the alimony payer are determined

    The court will definitely take into account the participation of the second parent in such expenses, the family and financial situation of the parties

    A statement of claim for additional expenses for a child is submitted by the plaintiff to the magistrate in a certain form, with mandatory compliance with the requirements established by procedural legislation.

    Additional expenses are collected by the court monthly, in a fixed amount. The amount of payments depends on the amount of expenses, which must be supported by written evidence. For the above exceptional cases, such evidence will be documents issued by medical institutions. In this case, for collection it is necessary to submit payment documents.

    Additional expenses are collected for a certain period, if it can be determined based on existing exceptional circumstances, or indefinitely, if the child’s constant need for such assistance is established.

    If the court satisfies claims for the recovery of additional expenses for the child from the alimony payer, deductions will be made, which, together with the collected alimony, can reach seventy percent of the income received by the debtor.

    With this article we have completed our consideration of issues related to parental support obligations. In the next article we will move on to consider issues affecting the responsibilities of children to support their parents.

    I have been paying additional expenses for children for 2 years now, but she does not treat the children. Is it possible to oblige her to report at least once a year and determine the period for which I must pay these expenses? They were assigned to me through the court, and now we are going through a trial to reduce additional expenses. Over the course of 2 years, I paid her about 100 thousand rubles, and in court she provided checks for only 20 thousand, the court did not take this into account and left the decision unchanged. Lost two trials. She did not provide actual expenses to the court.

    Yuri, if the mother of the children does not care about their health, you have the right to determine the place of residence of the children with you. I recommend contacting the guardianship authority with a statement about the mother’s abuse of her rights and spending of funds not in the interests of the children.

    Thank you! Is there any other control option?

    You can write a statement to the prosecutor's office or to the department for working with entrepreneurs in the local administration, but this is most often ineffective.

    You probably misunderstood me about the report and the deadline for paying money for additional expenses for children.

    Yuri, please forgive me, I confused you with another Yuri. Regarding control, only the guardianship authorities. Sorry again.

    Tell me, is it possible to determine a period through the court for which I will pay additional costs, and require me to report at least once a year?

    Yuri, the court does not have such powers.

    Who can determine the deadline for paying additional expenses?

    The payment period is determined by the court; if the financial and marital status of the parties changes, the grounds for paying additional expenses for the child no longer exist, you can apply to the court for an exemption from payment.

    My child has been disabled since childhood. Turned 18 in January. The father refuses to pay child support. Additional expenses were also spent on the child (full-time studies, prosthetics). Can I sue for alimony and additional costs? And what list of documents must be submitted to the court?

    You can submit such statements of claim, the list of documents is given in these statements, see samples.

    Can I combine a claim for alimony and a claim for additional expenses for an adult child (disabled since childhood) into one claim? Applications for one defendant.

    Of course, this is your right, such requirements are related to each other, it is more convenient to consider them together. Take 2 samples and combine them into one statement of claim.

    Statement of claim for recovery of additional expenses for child support - sample 2018

    The statement of claim is drawn up in a certain form, but does not have a specialized form to fill out. The text of the statement of claim is drawn up arbitrarily and must contain all the information necessary to make a decision.

    The sample statement of claim must contain the following main blocks:

    • The header of the document is the details of the recipient of the claim and information about the parties to the claim.
    • Text: description of existing financial deductions from the defendant and their amount; indication of the basis; justification of requirements and calculation of justifications.
    • List of attached documents.
    • Signature and date.

    How to receive the money

    Firstly, the ex-wife and husband can agree that the latter is obliged to pay the required amount upon request.

    USEFUL INFORMATION: Restrictions on traveling abroad for debtors

    Moreover, the agreement can be either oral or written, contained in a notarized alimony agreement.

    Naturally, the second option is preferable.

    If there is only an oral agreement, then there will most likely not be any evidence that the court could take into account. And trials in this category of cases are not uncommon.

    Legal collection procedure

    So, if the father is obliged in one situation or another to provide additional funding, but does not want to do this, then the recipient of alimony can appeal to the court. To do this, you need to prepare a claim and collect the necessary documents.

    When preparing an application, the plaintiff must:

    • comply with all the requirements established for the form and content of the claim in the Civil Procedure Code;
    • justify the need for the defendant to pay additional funds.

    The application is usually submitted to the magistrate's court. The plaintiff is exempt from paying the state fee because the requirement that the applicant asks to be fulfilled is aimed at protecting the interests of the child.

    What documents can be attached to the application? All those papers that can become evidence indicate the need to incur expenses:

    • significant;
    • unexpected;
    • carried out in the interests of a minor.

    Naturally, the mother must confirm that the child lives with her, and the defendant is the father of the son or daughter. To do this you need to submit to the court:

    • birth certificate of a minor;
    • certificate from the child’s place of residence.

    How to behave in court. You need to proceed from the following: in cases where alimony is being collected, the court cannot refuse the claim. Some amount will be determined for collection. If additional money is needed for maintenance, then it is the right of the judicial authority to establish the obligation to pay for it. That is, the claim may well be denied. Therefore, you need to prepare extremely carefully for the court hearing: collect as many documents as possible, prepare a speech. If it is difficult to do this on your own, then it is advisable to involve a lawyer in the process, who would sort everything out. Compensation for legal fees may be included in the claim. If the fee is not too high, then, if the claim is satisfied, this money will be recovered from the defendant. In fact, legal assistance will be provided free of charge.

    Enforcement of the decision is carried out by bailiffs. If the debtor does not want to pay, then he may lose certain property. His bank accounts may also be seized.

    You need to understand that additional financial participation is not alimony. Therefore, the bailiffs cannot apply some measures to help timely execute the decision or punish the “dodger”:

    • accrual of penalties;
    • initiation of a criminal case.

    But acceptable measures are also sufficient. Even the threat of their use forces debtors to find funds and comply with the court decision.

    Statement of claim for recovery of additional expenses for a child (sample)

    In ________________________ (name of the court and address) Plaintiff: ________________________ (full name and address) Defendant: ________________________ (full name and address) Third party: ________________________ (full name and address) Price of the claim: ______ rubles; State duty: ______ rubles.

    STATEMENT OF CLAIM for the recovery of additional expenses for the child

    Between me _________ (indicate full name) and the defendant _________ (indicate full name), on _______________ (indicate date) a marriage was registered, for which a certificate was issued dated ________ (indicate the date and by whom it was issued). The defendant and I have a common child ______ (indicate full name and date of birth). Currently, the defendant lives at _______ (specify address). Since _______ (specify date), the defendant and I do not have a common household; family relations between us have effectively ceased. Currently, I fully support _____ (indicate the child’s full name), i.e. I buy all the necessary things, clothes, food, etc. and I am fully involved in his upbringing: I take him to school, communicate with teachers, etc. Since ______ (specify the date), the defendant has completely ceased to be interested in the child, does not help financially, is not interested in his studies, i.e. does not take any part in the child's life. On top of everything else... (abuses alcohol, leads an idle lifestyle). Due to the serious illness of our minor child (or disabled adult children in need / or one) and the need to pay for outside care for him (specify other circumstances), additional expenses caused by these circumstances are required in the amount of ___________ (__________) rubles per month. For ______ months I have already paid _________ (___________) rubles. The defendant works in the position of _________ in _______ (name, TIN, address) and has income in the amount of _________ (_______________) rubles, is/is not in a new marriage, supports/does not support minor children, supports/does not support other disabled family members, _______________________________________ . Under such circumstances, in the interests of the plaintiff and the children/child, the amount of the defendant’s participation in bearing monthly additional expenses must be determined in a fixed amount of _____________ rubles. Due to the constant increase in consumer prices, the monthly fixed amount of money that can be awarded to me must increase ________________. According to Art. 86 of the RF IC, in the absence of an agreement and in the presence of exceptional circumstances (serious illness, injury to minor children or disabled adult children in need, the need to pay for outside care for them and other circumstances), each of the parents may be brought by the court to participate in bearing additional expenses caused by these circumstances. The procedure for the participation of parents in incurring additional expenses and the amount of these expenses are determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed sum of money payable monthly. The court has the right to oblige the parents to participate both in the additional costs actually incurred and in the additional costs that need to be incurred in the future. I consider my demands to be based on the law and subject to satisfaction. Based on the above, guided by Art. Art. 12 Civil Code of the Russian Federation, art. art. 22, 131-132 Code of Civil Procedure of the Russian Federation, art. 86 IC RF,

    I ASK THE COURT:

    1. To recover from the defendant in my favor compensation in the amount of _______ rubles for additional expenses incurred in connection with the serious illness (injury) of our minor children (or disabled adult children in need) and the need to pay for outside care for them (other circumstances);
    2. To collect from the defendant additional monthly alimony to incur additional expenses in connection with the serious illness (injury) of our minor children (or disabled adult children in need) and the need to pay for outside care for them (other circumstances) in a fixed amount of _________ rubles;
    3. Establish the following procedure for indexing alimony collected in a fixed amount of money: __________.

    Appendix: 1. A copy of the statement of claim for the parties to the case and the court; 2. Receipt of payment of state duty; 3. A copy of the marriage certificate; 4. A copy of the child’s birth certificate; 5. A copy of an extract from the house register; Date of application “____”____________ 20____ Plaintiff's signature ____________

    Participation of parents in additional expenses for the child

    The RF IC establishes the main reasons for collecting additional funds for a child, however, the wording of this rule of law allows us to talk about some understatement, since it contains a clause about “other circumstances”. The exceptionality of other circumstances can only be assessed by the court, but if there is no serious need for joint payment of such expenses, the claim will be rejected. According to paragraph 1 of Art. 86 of the RF IC establishes the following types of grounds for the recovery of additional funds for a minor:

    1. A serious illness of a child that requires expensive treatment, including abroad.

    Additional child expenses beyond child support

    When may additional costs be charged?

    • In cases where the child has suffered a serious illness;
    • For chronic diseases identified in children that pose a threat to vitality and the ability to lead a normal lifestyle;
    • If a child suffers serious bodily injury resulting in disability, the need for treatment and outside care;

    Important! The above reasons apply only to minor children.

    Calculation of the payment amount

    The obligation to support the child is the same for both the father and the mother. Therefore, the general rule is: the amount of expenses is divided in half. For example, if the cost of treatment for a minor was 50,000 rubles, then the father must pay 25,000, and the mother must pay 25,000.

    However, one of the principles of family law is that the position of each party must be taken into account. A balance of interests must be maintained. Therefore the court must look:

    • what is the financial situation of the plaintiff and defendant;
    • what is their marital status;
    • How are things going with your ability to work, etc.

    Let's return to the above example. Let's add details. So, if you divide the amount of income in half, it turns out that each parent must pay 25,000 rubles. But, during the court hearing, it turned out that the father himself is disabled and receives a modest disability pension. If he compensates for half of the expenses, then he simply will have nothing to eat. Meanwhile, the mother owns a furniture manufacturing company and is its director. The company generates excellent profits. The level of director's salary is quite high. In such a situation, we can talk not only about reducing the amount that the father must pay in the interests of the child, but also about being released from the obligation to pay anything.

    Consideration by the court of a claim for additional expenses for a child

    The judge will take into account the financial situation of each parent, since additional costs must be distributed between the parties proportionally. Therefore, it is better to provide a certificate of income to the court in advance.

    Compensation for additional expenses will be ordered by the court in a fixed amount of money in monthly payments for a certain period (if it can be determined based on the circumstances of the case), or indefinitely (when the child constantly needs such help).

    The plaintiff was in a registered marriage with the defendant. There is a common child from the marriage. The marriage between the spouses was dissolved. It was decided to collect alimony from the defendant in favor of the defendant for the maintenance of his minor son. Due to the fact that their son entered first grade this year, the plaintiff had to incur significant expenses. The plaintiff requests compensation from the defendant for additional expenses incurred.

    Sample

    To the magistrate of judicial district No. _________ ______________ district __________ region__________ region, city ___________, st. _________

    Plaintiff: ___________________________, residing at: ________________________

    Defendant: ________________________ last known place of residence: ________________________

    STATEMENT OF CLAIM for recovery of additional expenses

    I, _____________________, was in a registered marriage with ________________. From our joint marriage we have a common child - a son ________________, born ________. Based on the decision of the magistrate of court district No. ____ ________________ district dated __________, the marriage between me and _________ was dissolved. Since the year ___________, it has been decided from _________ to collect in my favor alimony for the maintenance of my minor son ____________ in the amount of ¼ of all types of earnings monthly, starting from the year _________ until he reaches adulthood. The child’s parents are obliged not only to purchase the necessary food and clothing for the child, but also to provide his decent living, to buy the child the necessary medicines, toys, educational materials, etc. However, all the worries about caring for the child lay and lie with me, I bear the costs of treating the child, the cost of preparing the child for school, and the defendant has no participation in does not accept this. Article 86 of the Family Code of the Russian Federation imposes on parents the obligation to participate in additional expenses for their minor children in need of help. The grounds for parents to incur such expenses are exceptional circumstances, which include: serious illness, injury to the child, the need to pay for outside care for him and other circumstances of a similar nature that require additional funds for the maintenance of children (this may include expenses for treatment, prosthetics, care, teaching sick children, etc.). The defendant is financially secure and has the opportunity to provide me with financial assistance, but refuses to do this voluntarily. Due to the fact that our son went to first grade this year, I had to incur significant expenses, such as purchasing school uniform for the child, school supplies, briefcase, textbooks, flowers for the teacher. Additional expenses caused by these circumstances amount to _________________ rubles. For ______ months I have already paid _________ (___________) rubles. Based on the above, in accordance with Article 86 of the RF IC

    USEFUL INFORMATION: Since the divorce, the ex-husband has not helped the child financially

    ASK:

    to recover from the defendant _________________ in my favor compensation in the amount of _______ (______) rubles for additional expenses incurred for our minor son G______________, born __________.

    Attachments: copy of the statement of claim; receipt of payment of state duty; copy of birth certificate _________; certificate of income (salary); copies of checks; Calculation.

    "___"______________ G. _____________ /__________/

    When a parent files a claim for additional expenses for a child

    Unlike claims for alimony, collecting additional expenses is quite difficult. The Family Code speaks of the exclusivity of such cases. Ideally, child support is limited to alimony. And only when additional expenses are really necessary (serious illness, injury, payment for constant care of children when they need it according to a doctor’s testimony), and are not a “whim” of the second parent, the court can forcefully collect them. In this case, expenses can be recovered not only from the minor. But also for a disabled, needy child who has reached the age of 18 (for more details, see a claim for alimony for an adult child).

    The established judicial practice in cases of additional expenses for a child shows that additional expenses for education are not recovered. Because there is a right to free education. There are also difficulties with purchasing medications when they can be obtained free of charge at a discount.

    In general, when it is possible to obtain help for free, the court may not consider the additional costs necessary. And, accordingly, refuse to share them between parents.

    All costs must be documented. As evidence in a civil case, the plaintiff provides receipts, invoices, receipts, etc. Using such a claim, you can recover both the additional costs already incurred for the child and future costs.

    Statement of claim for the recovery of alimony, calculation of the cost of the claim, court decision

    • a guardian or trustee previously appointed by the court (for example, if the parents are deprived or have limited rights);
    • government body (for example, an institution where a child left without parental care is kept).
    • property and marital status of the spouse from whom maintenance is sought;
    • the validity of the claims made by the plaintiff (the presence of grounds provided for by law);
    • evidence presented in support of the claim.

    Why can the court refuse? Certain categories of expenses, unreasonably presented by the plaintiff, may become grounds for refusing to satisfy the parent’s appeal.

    Agreement on participation in additional expenses for children

    The desire to voluntarily support a child financially in a difficult life situation can be recorded both in an alimony agreement and in an agreement on the incurrence of additional expenses. In the latter case, a simple written form will be sufficient, because The legislator does not establish special requirements for such contracts.

    If the spouses wish to include such a condition in the alimony agreement, then the entire text of the agreement is subject to notarization.

    In both cases, the conditions of financial support may differ from the norms of the law: the parent is free to establish the amounts and procedure for payment. In addition, parents have the right to establish specific cases of participation in the costs of the child, which may include not only emergency situations, but also completely planned events (training, travel, graduation, wedding, etc.).

    If a parent violates the terms of the agreement, the child or his legal representative may apply to the court to demand its forced execution.

    Will an agreement on additional expenses have the force of a writ of execution?

    Lawyers and legal scholars express different opinions on this issue, but most agree that such agreements do not have the force of an executive document.

    If the conditions for participation in additional expenses are included in the text of the notarial agreement on the payment of alimony, this clause of the agreement will be excluded by the bailiffs from being mandatory, because additional expenses are not alimony and arise in exceptional life circumstances.

    Article 86 of the RF IC. Participation of parents in additional expenses for children

    Additional expenses of parents for children, as a rule, are of an extraordinary nature and are made very rarely.

    At the same time, the funds provided to cover additional expenses are one of the types of alimony payments.

    Parents at any time have the right to enter into an agreement to provide adult and minor children with funds to cover additional expenses. The question of what expenses are subject to compensation by parents and in what amount is decided by the parties in the agreement. It does not matter whether the children are disabled and needy or whether the additional costs are due to exceptional circumstances.

    The Family Code establishes that an agreement on the payment by parents of additional expenses for minor children under 14 years of age and adult disabled children is concluded between the parent providing the funds (his guardian) and the child’s legal representative (the second parent, guardian, adoptive parent). Agreements on the provision of funds by parents to cover additional expenses for minor children aged 14 to 18 years and adult children limited in legal capacity by the court are concluded by the parent and child with the consent of the child’s legal representative (second parent or guardian).

    The rules of the Insurance Code apply to the conclusion of agreements on the provision of funds for additional expenses.

    In the absence of such an agreement, only minors and adult disabled needy children have the right to demand funds from parents to pay additional expenses in court.

    Incapacity and neediness of adult children are understood in this case as the inability to independently bear additional expenses due to insufficient own funds.

    Funds for additional expenses are provided by parents in court only if the expenses themselves are caused by exceptional circumstances: serious illness, injury, need for outside care, etc. Expenses for treatment, prosthetics, mobility aids for the disabled, education of a sick child, outside care, etc. are subject to compensation by parents.

    The funds collected for additional expenses cannot be more than the additional expenses themselves. The court decides to what extent each parent is required to contribute to these costs, based on the financial and marital status of the parties and other worthy interests, which are determined in the same way as in the collection of alimony. If the financial situation of the parents does not allow full payment of additional expenses, additional expenses can only be partially compensated.

    To recover funds for additional expenses that must be incurred in the future, children or their legal representatives must submit to the court a calculation and justification for the need for the upcoming expenses.

    Have a question for a lawyer

    and wants to recover from me the costs of purchasing a computer for my son Sergey

    She clearly got excited with this. It is worth keeping in mind that according to Art. 86 IC RF

    1. In the absence of an agreement and in the presence of exceptional circumstances (serious illness, injury to minor children or disabled adult children in need, the need to pay for outside care for them and other circumstances), each of the parents may be called upon by the court to contribute to the payment of additional expenses caused by these circumstances. The procedure for the participation of parents in incurring additional expenses and the amount of these expenses are determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed sum of money payable monthly.2. The court has the right to oblige the parents to participate both in the additional costs actually incurred and in the additional costs that need to be incurred in the future.

    Even if a child suffers from asthma, the purchase of a computer is in no way predetermined by his illness, which precludes incurring these expenses.

    , as well as medications for treatment. Sergey

    And the court can take this circumstance into account. However, your spouse will have to confirm that the existing illness is exceptional and predetermines the incurrence of additional expenses for you

    Client clarification

    You did not understand. one of the children has asthma, and the other, in her opinion, needs a computer for school. He is in 11th grade. Or it may be needed in the future. Although. How to determine that you need a computer in this particular price category? Moreover, before this we had a computer. We wanted a new one, why didn’t it work on the old one? Where did the loan come from? If there is not enough money. Am I thinking right?

    03 November 2021, 10:36

    The spouse has the right to recover additional expenses. In practice, this is half of the expenses incurred.

    recover from me the costs of purchasing a computer for my son, Sergey

    And this is possible if it proves in court that a computer is needed for the child’s development (the education profile (mathematics and computer science) involves doing homework on a computer, attending a club related to computer programming, participating in Internet competitions, etc.)

    At one time, I represented interests in collecting such expenses from the second parent, and the court recovered half of the expenses from the second parent.

    Client clarification

    But how can you determine that you need a computer in this particular price category? Moreover, before this we had a computer. We wanted a new one, why didn’t it work on the old one? Where did the loan come from? If there is not enough money. Am I thinking right?

    03 November 2021, 10:33

    This is a very important point; you must indicate this in your objection to the statement of claim.

    This can also be stated, but this is a weak argument

    2.3. Participation of parents in additional expenses for children

    The participation of parents in additional expenses for children is provided for in Art. 86 SK. Funds provided by parents to cover additional expenses for children are one of the types of alimony payments. Parents are required to contribute to additional expenses for both minor children and disabled adult children in need of assistance. The grounds for incurring such expenses by parents are recognized as exceptional circumstances, which include: serious illness, injury to minors or disabled adult children in need, the need to pay for outside care for them and other circumstances of a similar nature that require additional funds for the maintenance of children. We are talking about the costs of treatment, prosthetics, outside care, education of sick children, etc. The procedure for each parent to participate in additional expenses for children is not fundamentally different from the procedure for paying alimony. It can be determined by agreement of the parties, or, in its absence, by a court. On behalf of minor children, their legal representative - one of the parents, guardian, trustee, foster parent - can file a claim in court for the participation of parents (one of them) in additional expenses for children. Adult disabled children in need of help submit a demand to the court to involve their parents in bearing additional expenses on their own, and if they are recognized by the court as incompetent, then their guardians have the right to file a corresponding claim with the court. The incapacity for work and the need of adult children to receive additional funds, in addition to alimony payments, are determined by the court according to the same rules as when collecting alimony for adult disabled children. The court determines the amount of required additional expenses for children and, depending on the financial and marital status of the parents and children and other noteworthy interests of the parties, determines the amount of participation of each parent in bearing these additional expenses. Additional expenses for the maintenance of children are recovered from the respondent parent(s) in a fixed amount of money payable monthly (although it is possible that this will be a one-time payment, taking into account the specific situation). The court has the right to oblige parents to participate both in the actual expenses incurred for the children and in the expenses that need to be incurred in the future. Such expenses, for example, may include the upcoming costs of sending a child for inpatient treatment to a medical institution or sanatorium in another locality. The party applying to the court with a request to involve the parents (parent) in participating in additional expenses for children must provide evidence of the amounts of additional expenses actually incurred or a calculation and justification of the need for future expenses.

    Recovery of funds from the father for additional expenses for a disabled child

    Only on a voluntary basis can the second spouse provide financial assistance during the inpatient education of an adult child. In exceptional cases, additional payments in addition to mandatory alimony may be awarded for the education of a disabled child. Question and answer Free online legal advice on all legal issues and receive a lawyer’s answer within 30 minutes Urgent question Alimony „ How is the procedure for determining the second place of work of the alimony payer (part-time, under a civil law agreement) in order to receive child support under an executive order? leaf? “ Anna30.10.2018 12:54 Hello! The bailiff makes a request to the pension fund, where he receives this information. You can contact our company by first making an appointment with our specialists by calling the phone number listed on the website.

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