Family Code. Chapter 13. Maintenance obligations of parents and children

General provisions and essence of the concept

Alimony is usually understood as funds that the payer is obliged to pay to the recipient on the basis of legislative norms. In accordance with the RF IC, they can be intended for minor children or adult disabled family members.

Child support can be paid in two ways:

• voluntarily - an alimony agreement is concluded between the parties;
• in court - funds are paid based on a court decision.

If the parties are able to agree on financial assistance among themselves, then the result of such an agreement will be a signed alimony agreement. The parties establish all clauses of this document independently. They can choose any amount of alimony, the order and form of its payment.

Important! The amount of alimony specified in the voluntary agreement cannot be less than the amount that is due to the recipient of the funds by law.

In addition, the legislation provides for a compulsory procedure for collecting funds. If there is no agreement between the parties, then the person entitled to receive alimony has the right to recover the required funds in court (Article 106 of the RF IC).

According to Art. 107 of the RF IC, the recipient of alimony has every right to apply to a judicial authority with a statement of claim to recover funds from the alimony payer, regardless of the period that has elapsed since the right to alimony arose. The court will order payments from the moment the claim is filed.

Alimony can be recovered for the previous three years if the plaintiff presents to the court evidence that he has repeatedly taken measures to obtain funds to which the defendant did not respond in any way (Article 107 of the RF IC).

Alimony payments are withheld on the basis of the following documents: alimony agreement, writ of execution, court order.

Types of monetary relations between relatives

Alimony obligations are an obligation imposed in accordance with the law on the payer for the material maintenance of another person who is not able to work, with whom there is a family connection.

Based on the RF IC, there are several options for alimony obligations:

1. obligations of parents to support their children who have not reached the age of majority, and in some cases, adults (more information about the types of child support can be found here);
2. obligations of adult and able-bodied children to support their needy parents;
3. alimony obligations between spouses during marriage, as well as after its dissolution (you can find out more about whether the husband is obliged to pay alimony to his ex-wife here);
4. maintenance obligations between other family members.

Obligation to support family members

Alimony obligations cannot arise just like that between two persons. The legislation defines the grounds that give the right to receive alimony:

• An alimony agreement between the parties is an agreement signed between the payer and the recipient of alimony, which contains all the conditions for the provision of material support (Article 99 of the RF IC).
  Important! A notarial agreement has the legal force of a writ of execution (Article 100 of the RF IC).
• A court decision, on the basis of which the payer is obliged to pay payments established by the court in favor of the recipient.
  Depending on the circumstances of the case, the court may decide to collect alimony, either in a fixed sum of money or as a percentage of the payer’s total income.
• The presence of family ties between the parties to alimony obligations at the present time or in the past.
• The presence of conditions specified in the RF IC or in a voluntary agreement that lead to the emergence of alimony obligations: disability, need, lack of income, etc.

Explanation of Art. 87 of the RF IC on the obligation of adult children to support their parents

Able-bodied children who have reached the age of majority are obliged to provide assistance to their parents in need. The exception is emancipated citizens.

Child support to parents is calculated in a fixed amount of money, allocated periodically . The size can be determined in court. At the same time, it is natural to provide for all the essential nuances of the situation.

The financial and marital status of each capable son, daughter and parents must be taken into account; priority goes to the latter. Even if children do not have sufficient stable income, they are still obliged to provide even minimal living conditions for their parents.

The guarantor of which is usually an order coming from a grateful heart. It happens that parents behaved unworthily and did not properly help their young children. In this case, the latter are exempt from alimony for the maintenance of parents. This applies to citizens who have been deprived of parental rights.

In practice, it is clear that non-payment of alimony in favor of children occurs thousands of times more often than a similar crime against parents. Obviously, defending the rights of minors is much more difficult.

The state is aimed at protecting the family, mothers and childhood. Maximum measures are taken, taking into account time, place and circumstances, to ensure that citizens live with dignity.

Despite all the existing imperfections, experts note that in Russia family law occupies a high position. But, unfortunately, there are numerous cases where evasion of alimony payments occurs, including malicious evasion. And they don’t seem to be going to stop completely and completely yet.

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Characteristic signs

The relationship between the parties, one of which has the right to receive financial assistance, and the other is obliged to provide it in accordance with the law, has a number of characteristic features:

1. Alimony obligations arise between two persons; the death of one of them is grounds for termination of such relationships.
2. The provision of financial assistance by the payer is carried out free of charge, although it is reciprocal in nature.
3. Maintenance obligations are assigned to the payer for a long period.
4. The grounds for the occurrence of alimony obligations are determined by the RF IC.

Financial support for current and former spouses

Art. 89 of the RF IC obliges spouses to provide each other with material support. They can agree on this independently by signing an agreement, or one of the spouses, who has the right to receive funds in their favor, can file a lawsuit in court. In accordance with Art. 89, RF IC, the following may sue to recover financial assistance:

• a disabled spouse in need of financial support;
• wife during pregnancy, as well as for three years from the birth of a joint child;
• a needy spouse who is caring for a disabled child;
• a disabled spouse who received such status during marriage, or no later than one year from the date of divorce;
• in case of a long marriage relationship, if the spouse retired no later than 5 years from the date of divorce.

Based on Article 92 of the RF IC, the court may make a decision to limit the amount or duration of payments in favor of one of the spouses, or to exempt them from providing financial support.

Important! Financial assistance in favor of the spouse is always awarded by the court in hard cash, taking into account the financial and marital status of both parties to the case.

Family Code. Chapter 13. Maintenance obligations of parents and children

Article 80. Responsibilities of parents for the maintenance of minor children

1. Parents are obliged to support their minor children. The procedure and form for providing maintenance to minor children are determined by the parents independently.

Parents have the right to enter into an agreement on the maintenance of their minor children (agreement on the payment of alimony) in accordance with Chapter 16 of this Code.

2. If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court.

3. In the absence of an agreement between the parents on the payment of alimony, in the event of failure to provide maintenance to minor children and in the absence of a claim in court, the guardianship and trusteeship authority has the right to file a claim for the recovery of alimony for minor children against their parents (one of them).

Article 81. Amount of alimony collected from minor children in court

1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents .

2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.

Article 82. Types of earnings and (or) other income from which alimony for minor children is withheld

The types of earnings and (or) other income that parents receive in rubles and (or) in foreign currency and from which alimony is withheld for minor children in accordance with Article 81 of this Code are determined by the Government of the Russian Federation.

Article 83. Collection of alimony for minor children in a fixed amount of money

1. In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, variable earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parents. parties, the court has the right to determine the amount of alimony to be collected monthly, in a fixed sum of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed sum of money.

2. The amount of a fixed sum of money is determined by the court based on the maximum possible preservation of the child’s previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances.

3. If there are children with each of the parents, the amount of alimony from one of the parents in favor of the other, less wealthy one, is determined in a fixed amount of money, collected monthly and determined by the court in accordance with paragraph 2 of this article.

Article 84. Collection and use of alimony for children left without parental care

1. For children left without parental care, alimony is collected in accordance with Articles 81-83 of this Code and is paid to the guardian (trustee) of the children or their adoptive parents.

2. Alimony collected from parents for children left without parental care and located in educational institutions, medical institutions, social welfare institutions and other similar institutions is credited to the accounts of these institutions, where they are recorded separately for each child.

These institutions have the right to deposit these amounts in banks. Fifty percent of the income from the circulation of received amounts of alimony is used to support children in these institutions. When a child leaves such an institution, the amount of alimony received for him and fifty percent of the income from their circulation are credited to an account opened in the child’s name at a branch of the Savings Bank of the Russian Federation.

Article 85. Right to alimony for disabled adult children

1. Parents are obliged to support their disabled adult children who need help.

2. In the absence of an agreement on the payment of alimony, the amount of alimony for disabled adult children is determined by the court in a fixed amount of money, payable monthly, based on the financial and marital status and other noteworthy interests of the parties.

Article 86. Participation of parents in additional expenses for children

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 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.

2. The court has the right to oblige parents to participate both in the additional expenses actually incurred and in the additional expenses that need to be incurred in the future.

Article 87. Responsibilities of adult children to support their parents

1. Able-bodied adult children are obliged to support and care for their disabled parents in need of help.

2. In the absence of an agreement on the payment of alimony, alimony for disabled parents in need of help is recovered from able-bodied adult children in court.

3. The amount of alimony collected from each of the children is 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.

4. When determining the amount of alimony, the court has the right to take into account all able-bodied adult children of a given parent, regardless of whether the claim is made against all children, one of them, or several of them.

5. Children may be released from the obligation to support their disabled parents in need of help if the court finds that the parents evaded their duties as parents.

Children are exempt from paying child support to parents deprived of parental rights.

Article 88. Participation of adult children in additional expenses for parents

1. In the absence of adult children caring for their disabled parents and in the presence of exceptional circumstances (serious illness, injury to a parent, the need to pay for outside care, etc.), adult children may be called upon by the court to participate in bearing additional expenses caused by these circumstances.

2. The procedure for incurring additional expenses by each of the adult children and the amount of these expenses are determined by the court, taking into account the financial and marital status of the parents and children and other noteworthy interests of the parties, subject to the provisions of paragraphs 3, 4 and 5 of Article 87 of this Code.

3. The procedure for incurring additional expenses and the amount of these expenses may be determined by agreement of the parties.

Table of contents

Maintenance of minor children after divorce

Parents have an obligation to support their minor children (Article 80 of the RF IC). In other words, the father and mother must provide their child with everything necessary for a normal life and development. The parent leaving the family is obliged to provide financial support in the form of alimony.

The grounds for the emergence of child support obligations between parents and children are:

1. the presence of a family connection confirmed by documents;
2. the child has not reached 18 years of age (with the exception of Article 85 of the RF IC);
3. a decision made by a court or an agreement signed between parents.

More information about up to what age child support is paid can be found here.

The obligation to support children arises regardless of the parents’ ability to work, legal capacity and availability of funds. The responsibility for maintaining children falls on the father and mother, whether officially married or not.

People interested in alimony will be interested in articles about registration, arrears in these payments, as well as about evasion of payment.

What payments can I expect in court?

When considering a case on the collection of alimony in court, alimony is assigned in accordance with Art. 81 RF IC:

• one child - 25% of the parent’s income;
• two children - 33.3% of the parent’s income;
• three children or more - 50% of the parent’s income.

Each case is considered individually, and the following factors influence the decision:

1. amount of children;
2. the amount of income of the alimony payer;
3. the amount of income of the recipient of funds;
4. necessary needs of the child (including additional costs for treatment, education, etc.).

Important! Alimony payments can be assigned either in shares or in the form of fixed payments.

Payment of child support in favor of parents

Family law also establishes the obligations of children to pay child support in favor of their parents. Legal relations regarding the payment of alimony may arise if three conditions are met:

• Children from whom alimony is supposed to be collected must be adults and able-bodied.
• The parents to whom alimony payments are planned must be unable to work, that is, either reach retirement age or become disabled.
• Parents must need child support. The need of the parents is determined by the court.

Children may be released from their obligations to pay child support if the court finds that the parents previously evaded their parental responsibilities. Children and parents can also enter into an agreement to pay child support. If there is no such agreement, then alimony is collected in court. Alimony is determined in a fixed amount of money, which must be paid monthly.

If there are severe or exceptional circumstances, for example, serious illness, injuries to parents, the need for constant care, then funds may be collected from the children, which act as additional expenses for providing constant care for disabled parents. The exception is when adult children provide such care themselves.

Article 157 of the Criminal Code of the Russian Federation provides for criminal liability for non-payment of alimony for the maintenance of children or disabled parents. In this case, there must be a court decision or a notarized agreement to receive these funds. This act must be committed repeatedly, and the person must be subject to administrative punishment for a similar act within a year. Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation also provides for administrative liability for non-payment of alimony for two or more months from the date of initiation of enforcement proceedings.

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Responsibilities of adults to provide for their parents

The obligation to support exists not only for parents in relation to their children, but also in the opposite situation. According to Art. 87 of the RF IC, if parents need financial support, and their children have reached the age of majority and are able to work, then the mother or father has the right to receive financial assistance from them.

If children do not want to provide financial support to their parents on a voluntary basis, then the mother or father has the right to recover funds in court. Parents have the right to receive alimony from their children in the following cases:

• father and mother have reached retirement age;
• are in need of financial assistance;
• have 1st or 2nd disability group;
• conscientiously fulfilled their obligations to raise and support their children.

Payments from a child in favor of a needy parent can be recovered if:

1. there is documentary evidence of family ties;
2. the child is an adult and is considered able to work;
3. there is evidence that the parent really needs financial support.

Important! Payments are assigned in the form of fixed payments, taking into account the financial situation of the payer and the level of need of the recipient.

Features of alimony relations between parents and children

Note 1
The Family Code of the Russian Federation establishes the mutual obligation of children and parents to support each other. Thus, parents are obliged to support their minor children until they reach a certain age. Working age children, in turn, are obliged to support parents who are disabled and in need of help.

Persons may enter into an agreement between themselves on the payment of alimony, which is concluded between the person who is obliged to pay alimony and the recipient. If one of the persons is unable to exercise their rights and obligations, then an agreement can be concluded between the legal representatives of these persons. Thus, persons who are not fully capable can enter into an agreement to pay alimony with the consent of their legal representative.

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The alimony agreement must determine the amount, terms and procedure for paying alimony. Such an agreement must be concluded in writing and be notarized. Specific legal relationships may arise between parents and children, due to which they will have to pay child support as follows:

• Alimony in favor of your children.
• Alimony in favor of your parents.

If parents refuse to provide maintenance to their minor children, and there is no alimony agreement between the parties, then alimony for the maintenance of minor children is collected from the parents in court. If there is no agreement on the payment of alimony, then the court has the right to recover payments from the parent in the following amounts:

• For one child – 25% of the parents’ earnings or other income.
• For two children – 33% of the parents’ earnings or other income.
• For three or more children – 50% of the parents’ earnings or other income

Figure 1. Child support for adult children. Author24 - online exchange of student work

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