Alimony for a disabled child

The procedure for collecting alimony for a disabled child

The order does not distinguish from the general. To collect alimony, the interested person (most often the parent, the organization in which the child is kept) goes to court.

Collection can be initiated:

• By filing a claim
• By filing an application for an order

A statement of claim is filed in cases where there are related requirements that require comprehensive consideration in a court hearing. The result of the consideration is that the plaintiff receives a decision and a writ of execution.

An application for an order simplifies the procedure, but is not always possible in the case of collecting alimony in excess of the statutory portions of earnings.

In addition, the possibility of filing an application for an order depends on the nature of the demand - recovery of a share of earnings, recovery in a lump sum, etc.

Most often, the collection of alimony for a child with special needs occurs by filing a claim and in the following order:

1. Filing a claim in court
2. Participation in court hearings
3. Obtaining a writ of execution
4. Submission of a writ of execution to the FSSP with an application to initiate enforcement proceedings
5. Participation in enforcement proceedings

LEARN MORE about collecting child support with the help of our lawyer at the link

Where to go

You can collect child support by applying to the magistrate’s court at your place of residence. The plaintiff also has the right to appeal to the court at the defendant’s place of residence.

The plaintiff makes the decision on which authority to contact on his own. You can draw up an application yourself using a sample that can be easily downloaded on the Internet.

Notarized agreement

alimony agreements for free in word format

But first, you should try to find a common language with your ex-husband and enter into an agreement that specifies the amount and frequency of payments. The signed agreement must be certified by a notary. If the former spouse does not fulfill the terms of the agreement, the spouse has the right to go to court. The judge will make a decision on the recovery of the specified funds.

An agreement without certification by a notary has no legal force. It is worth noting that in this case the court will collect alimony from the moment the agreement is signed.

ATTENTION! View the completed sample child support agreement:

Payment of child support upon deprivation of parental rights.

Court order

The court issues a court order provided that the spouses’ decision to divorce is mutual and there are no property or other disputes. In this case, the court prepares a court order to collect a certain part of the monthly income of one of the spouses for child support. The court passes the order to the bailiffs, who in turn open enforcement proceedings.

Documents for collecting alimony for a disabled child

It is necessary to obtain all the evidence:

• the child’s condition (medical report);
• certificate of residence;
• incurring additional expenses by the parent (medical appointments, payment documents, etc.);
• salary certificate;
• the parent’s inability to work due to the need to care for the child and other circumstances;
• financial situation of the parent with whom the child lives;
• all other evidence of the circumstances referred to by the plaintiff.

This is necessary because the court increases the share collected from the earnings of the second parent taking into account the family and financial situation.

The success of the case directly depends on the evidence collected, its reliability and its assessment by the court.

How to get child support for a non-working mother up to 3 years old: conditions

A non-working woman who has a dependent child or several children has the right to go to court to recover alimony from the father.

Please note! If spouses are divorced and have common minor children, then alimony is awarded provided that:

• The child is not older than 3 years old, the mother is on maternity leave,
• The mother does not have a permanent job and is not currently working,
• At the time of the divorce, the spouse was in a situation
• The fact of paternity has been established, or the spouse does not dispute paternity.

A woman, while on maternity leave, is virtually deprived of income, so her demands on the child’s father are quite natural. The state is called upon to protect the interests of single mothers and collects alimony in order to partially cover the costs of food and essential goods for the child.

To confirm her income, a woman should provide the court with a certificate from the social security authorities about the amount of the monthly benefit paid. If there are other sources of income, these should also be indicated.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Amount of child support for a disabled person

The law establishes the amount of alimony in relation to earnings in the amount of a quarter for one, a third for two and a half for three children.

The amount can be increased at the request of the plaintiff and if there are grounds - financial or marital status.

If the financial situation of the parent with whom the child lives indicates additional expenses, the amount of child support increases. The increase may occur in accordance with the request of the plaintiff, and may also be determined by the court.

In addition, the amount of alimony can be established:

• In shares
• In a flat amount
• Simultaneously in shares and a fixed amount

Alimony for the mother of a disabled child

If the child’s mother is deprived of the opportunity to work, the second parent may become obligated to support her.

The collection of alimony occurs in legal proceedings initiated by the mother of the child.

At the same time, claims may contain the required amount, but the court will determine their amount based on objective necessity and proof of circumstances.

IMPORTANT : alimony is awarded to a mother caring for a child with a disability only in a fixed amount.

Collection procedure:

1. Applying to the court with a claim for the recovery of alimony
2. Participation in court proceedings, proof of financial situation and all other circumstances that must be referred to
3. Obtaining a court decision and writ of execution
4. Submitting a writ of execution and an application to initiate enforcement proceedings to the bailiff service
5. Participation in enforcement proceedings

Until the child reaches three years of age, a working mother of a child with a disability can also claim child support.

Conditions of child support for the mother of the child

There is a period in a woman’s life when she is most vulnerable. It begins with pregnancy and continues until the moment when the child can be sent to kindergarten. This situation is primarily due to the unstable financial situation. Most women, when going on maternity leave, lose their main income. They are simply not able to support themselves and the child. Correcting this situation without outside intervention is problematic.

To protect women, the RF IC provides for the possibility of collecting alimony not only for the child, but also for his mother. The period of up to three years was chosen because It is from this age that most children are sent to kindergarten. This means that a woman can go to work.

For the court to award maintenance in favor of the mother, the following conditions must be present:

• The woman's cramped financial conditions. Such a mother can even work. But if she continues to have a low income, she is entitled to alimony. Although in practice, employment and income are considered as an obstacle.
• The spouses were or are legally married and the man is the father of the child. If a man and a woman simply lived together without registering the relationship with the registry office, alimony for the mother may not be awarded. Even if the child is officially recognized as the father and is included as such on the birth certificate.
• The alimony provider has enough funds to pay maintenance not only for the child, but also for the mother. And his financial condition is obviously better than that of a woman.

The judge considers such claims taking into account the individual characteristics of the lives of both parties.

Alimony for a disabled child after 18 years of age

The law establishes the obligation of a parent to support his child until adulthood. However, such an obligation is not due to the child’s disability.

However, disability is a special condition in which a child may be deprived of the opportunity to work or work fully.

Thus, the grounds for assigning alimony to an adult disabled child are:

• Neediness
• Disability
• It should be understood that the status of a disabled child is lost upon reaching the age of 18, and there is a need to obtain a new ITU conclusion.

A parent who lives with a disabled child after 18 years of age and helps him in everyday life is exempt from the obligation to support him financially. The other parent may be assigned alimony in a fixed amount, the amount of which depends on:

• From financial situation
• Marital status

A disabled person of group I or II who has reached the age of 18 has the right to receive alimony from a parent. The size does not depend on the amount of social assistance from the state

A group III disabled person, if he is unable to work full-time, must prove his need to receive alimony.

How to increase child support for a disabled child?

Since the court sets the amount of child support based on the financial and marital status of the parties, if the financial situation worsens, the mother can increase the amount of alimony.

In addition, the increase may be associated with additional increased costs for the treatment and rehabilitation of the child, which the parent has to bear.

Procedure for increasing alimony:

1. Applying to the court with a claim to increase the previously assigned amount of alimony
2. Collection of necessary documents to prove all the circumstances and substantiate the claims
3. Obtaining a writ of execution and participation in enforcement proceedings

IMPORTANT : if alimony was assigned to a disabled child in relation to a share of the parent’s earnings, it can be increased by additional collection of alimony in a fixed amount. Read more about increasing alimony with the help of our lawyer at the link.

What documents are needed?

Attention! To support the claim, the plaintiff must provide the following documents:

• Certificate of income of the plaintiff,
• Certificate of income of the defendant (if possible),
• A copy of the birth certificate,
• Certificate of divorce,
• Other documents confirming paternity (if available).

The court has the right to request additional documents to clarify the circumstances of the case.

Watch the video. Alimony for wife. Child support. When can alimony be denied:

How to reduce the amount of child support for a disabled child?

A reduction in alimony, the obligation to pay which has arisen by agreement, is possible with the conclusion of a new agreement.

If alimony was ordered by the court, it is necessary to initiate the process by filing a claim for a reduction in alimony.

If the plaintiff’s financial and marital status has changed, and he cannot bear alimony obligations in the same amount, the rights of his children or parents are infringed, and alimony may be reduced.

In addition, if a parent considers the amount of alimony to be too high due to the financial and marital status of the second parent, he also has the opportunity to reduce the alimony.

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