Alimony to parents from children - read: about their amount in 2021

Concept of alimony

In domestic legislation, alimony refers to funds for the maintenance of disabled family members. This concept has existed since the times of Ancient Rome, although at that time such an obligation was mainly of an exclusively moral nature. Modern family law provides for the following cases of payment of alimony in favor of:

• minor children;
• disabled adult children;
• elderly parents;
• one of the spouses;
• ex-spouse;
• another disabled family member.

Find out more about what alimony obligations are.

Control of living standards

According to the International Convention on the Rights of the Child, a minor has the right to be provided with a standard of living necessary for normal physical and mental development. It is natural that in this case this right becomes a responsibility placed on the shoulders of the parents.

In this regard, the father is also given the right to receive information about the child from educational and medical institutions, which issue it at the request of the parent. The mother also does not have the right to deprive the father of information about the child’s life, otherwise this may be regarded as concealment. After contacting the guardianship authorities, legal proceedings may begin not in favor of the spouse with whom the minor remains. As you can see, the rights of the father when paying child support allow him to significantly influence the lives of his children. But non-payment entails serious consequences, including criminal prosecution. Read more…

Conditions for paying child support to parents

Many young people are interested in in what cases children pay child support to their parents. The basis for the emergence of such an obligation is a family connection, therefore, when going to court, parents will necessarily need to confirm the existence of such a connection.

The child must reach adulthood and be able to work in order to be financially able to support his parents, who cannot provide for themselves.

However, there is not always a need to pay alimony. Thus, adult children pay child support to their parents in cases where the latter:

• are in extreme need;
• are unable to work;
• have reached retirement age or are disabled.

Thus, individuals must truly need help and not unreasonably demand it from their children. The funds received must be spent on food, medicine, and utility bills. Therefore, when going to court to collect alimony, the plaintiff will still need to prove the feasibility of such requirements.

If you are interested in the cases in which children pay alimony to their father and mother, familiarize yourself with what such payments are and who is obliged to pay alimony.

Collection of alimony from a minor mother

The key issue when resolving the procedure for collecting alimony from a minor mother is the fact that the minor parents are married.

1. Minor parents are married. If minors marry, they become fully capable citizens, and, therefore, independently enjoy all parental rights in relation to the child and independently bear the responsibilities for his upbringing. In this case, the procedure for collecting alimony from the child’s mother is completely identical to the collection of alimony from an adult citizen, regardless of the presence of a permanent source of income.
2. Minor parents are not married. In this case, recognition of the fact of paternity is necessary (notarized consent to paternity or a court decision).

IMPORTANT : notarized consent to paternity is a voluntary form of recognition of paternity.

If it is impossible to voluntarily recognize paternity, the child’s father should apply to the court with an application for recognition of paternity and a request to conduct a forensic biological examination.

If the emancipation procedure has not been carried out against the child’s mother, alimony will be paid by the parents of the minor.

In what cases are children exempt from paying child support?

There are specially specified cases in which children are released from child support obligations. These include:

1. Deprivation of parental rights. If a parent has lost his parental rights, then after the child becomes an adult, he will not be required to pay child support. If the parent regains such rights, then the obligation to make payments will resume again.
2. Parents shirking their responsibilities. The next option, how not to pay funds for the maintenance of parents, is the case when a person, although not deprived of parental rights, but at the same time evaded the upbringing and maintenance of the child.

Find out in more detail how you can legally avoid paying child support.

Should a parent who has been deprived of their rights pay child support?

A mother who is sure that her ex-husband is dangerous for their common children or is not fulfilling his obligations can seek help from the court with a request to deprive her husband of parental rights. But the court will also take into account the rights of the alimony provider, and if he regularly participates in the maintenance of dependents, the woman may be denied the claim.

The circumstances under which parental rights may be taken away from a child support payer are:

• cruelty towards minors;
• immoral behavior;
• systematic use of alcoholic beverages or drugs;
• avoidance of one's obligations to raise children;
• criminal acts against former family members;
• failure to fulfill obligations to provide for minors.

Expert opinion

Kurtov Mikhail Sergeevich

Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.

When the necessary amounts for the dependent minors are not received into the recipient’s account, a decision is made in the interests of the plaintiff. However, the alimony payer still has obligations to support the children.

As Article 71 of the RF IC states, a father who does not have rights to a child is not exempt from the obligation to pay alimony. It is unlikely that under any circumstances (other than exceptional ones) the court will cancel the need for the payer to transfer certain funds to the recipient.

In addition, the Civil Code provides for the liability of a parent deprived of his rights for harm caused to his children. A father who does not have parental rights is released from other obligations to a minor, except material ones.

The ex-wife should be aware of what she can count on after a divorce from her husband, whose paternity is no longer documented. The law provides for financial obligations for such parents as well.

If the father is deprived of parental rights, the mother has new opportunities, namely:

• she has the right to travel abroad with children without asking the consent of the other parent;
• concluding transactions with the participation of a minor no longer requires the permission of the father;
• Change of documents for children is carried out at the request of the mother only;
• the procedure for adoption of children by a woman’s new spouse is simplified;
• the ex-wife can prevent the children from visiting their father based on the law;
• the father is deprived of the right to support from the children if he loses his ability to work.

If the reason for deprivation of paternity was evasion of child support obligations, the money will be collected from the payer, taking into account fines, and in the future he will be obliged to transfer a fixed amount to provide for minors.

Determining the amount of child support for parents

As in all other cases, parental support can be paid in the form of:

• fixed amount,
• percent of wages.

A fixed sum of money is assigned in an amount that is a multiple of the minimum subsistence level in a certain region. This option is considered the most common. If a percentage of wages is determined, then the amount of assistance will vary depending on the child’s income and his place of work.

If certain life circumstances change, one of the parties has the opportunity to recalculate the established amount.

The amount of payments from a child for the maintenance of retired parents will depend on the following factors:

• financial and marital status of the parties;
• parents' health status;
• number of children in the family;
• the presence of other dependents on the payer’s payroll;
• other significant aspects.

Find out in what cases the amount of alimony may change.

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The legislation provides grounds for legal termination of the monthly transfer of funds to a child in the following cases:

• emancipation of the child or reaching 18 years of age;
• was adopted;
• death of the recipient or the alimony payer himself.

However, it should be taken into account that the resulting debt is payable at the time of death. It will be subtracted from the total inheritance.

Ways to receive alimony payments

The procedure for collecting alimony can be carried out in two options:

• voluntary,
• forced.

It all depends on the existing relationship between children and parents, as well as the ability to come to a common solution to this issue.

Conclusion of an agreement on the payment of alimony

A voluntary way, when a parent can receive monthly financial assistance from a child, is the conclusion of a child support agreement. Such a document must be drawn up in writing and must be notarized.

At the same time, the agreement specifies the amount of funds to be paid, the timing of such payments, their procedure and conditions, as well as responsibility for violating the provisions of the document. Both parties must sign this agreement.

In order to understand all the advantages and nuances of the document, read in more detail what an alimony payment agreement is.

Where to go

In order to conclude an alimony agreement, you must contact a notary. The absence of a notarization may serve as a basis for challenging the document and declaring it invalid.

List of required documents

To enter into an agreement, the parent submits (together with the child) the following documents:

• passports of the parties;
• child’s birth certificate (to confirm the presence of family ties);
• a certificate from the child’s place of work indicating the amount of his salary for the last three months.

Judicial procedure

If family members cannot reach an agreement, the issue of alimony is resolved in court. Of course, this will be much longer than if an agreement is concluded, but sometimes legal proceedings are the only way to influence children who can, but for some reason do not want to support their parents.

Find out in more detail how alimony is collected.

Where to go

Filing for collection of alimony from adult children occurs by applying to the magistrate's court. The rule of alternative jurisdiction applies here - you can choose to submit an application at the place of residence of the plaintiff or the defendant.

List of required documents

When going to court, the following package of documents should be attached to the statement of claim:

• a copy of the plaintiff's passport;
• a copy of the child’s birth certificate (or other document confirming the presence of family ties);
• documents indicating the parent's need;
• certificates and receipts confirming income and expenses.

The claim itself must contain information about the relationship of the plaintiff with the defendant, as well as the need of the parent.

List of required evidence

Before filing a claim in court, you need to collect evidence confirming the advisability of such an appeal. Evidence may include:

• medical certificates, including those confirming the parent’s disability;
• pensioner's ID;
• checks and receipts confirming expenses for treatment, payment of utilities and more.

Trial

Within five days after submitting the application to the court, a decision is made on whether to accept it or refuse further consideration. If accepted, the first meeting takes place within a month, and both parties must be present. If one of them does not appear in the courtroom, then the hearing of the case may be postponed.

A decision that will answer the question of whether children should pay child support to disabled parents usually occurs within 30 days.

How to apply for alimony for your ex-wife?

The child's mother is indicated on the child's birth certificate. The existence of a marriage between the child's parents has no bearing on the possibility of collecting alimony. The mother of the child must also support the child as well as the father with whom the child lives. In the event of a parental divorce, the father with whom the minor lives has the right to demand payment of child support. This right can be exercised:

1. voluntarily – in the form of a notarial agreement;
2. forcibly - through a court decision to collect alimony from the mother.

To do this you will need:

provide evidence that the ex-spouse is the mother of the child (birth certificate of a minor)

proof of the child's residence with the father:

• agreement on the child's place of residence
• court decision, witness testimony
• certified correspondence
• facts of purchasing children's goods
• agreements with educational organizations
• child's testimony

evidence of parental divorce or mother living separately from the child

• divorce certificate
• witness statements
• correspondence
• child's testimony

If the child’s mother cannot prove in court the fact that she takes part in the maintenance of the child, the court will make a decision to collect alimony from the ex-wife.

USEFUL : watch the video on collecting child support, and also read more at the link

Responsibility for evasion of alimony payment

Failure to pay child support without good cause is considered a crime. This is a socially dangerous act, as a result of which old people are left without help and cannot fully exist.

For evading the fulfillment of alimony obligations, administrative or criminal penalties may be applied to the debtor. This can be correctional or forced labor (for up to a year), arrest (up to three months), as well as imprisonment for up to one year.

Judicial practice on alimony

Judicial practice on alimony for retired parents shows that such claims are not always satisfied. In some cases, the plaintiff's claims may only be partially satisfied.

In addition, despite the fact that the court, as a rule, takes into account the number of children in the family, not all of them are always required to support their parents. The financial situation of individuals and the presence of other dependents are also taken into account.

The payment of child support by children will also depend on the size of the parents’ pension, whether they have a disability, any savings, benefits for utility bills and other circumstances affecting the need and the need to provide financial assistance.

At the same time, if the plaintiff does not have information about the existence of a permanent and stable income for his child, this is not a basis for the court to make a decision on refusal. However, if the defendant encounters some circumstances in his life that affect his financial condition, the amount of alimony paid may be reduced.

Communication with a child

When divorcing, spouses do not often compromise and do not agree in advance with whom the child will live.
Judicial practice shows that in most cases (90 percent) the judge leaves the child with the mother if the parents were unable to reach an agreement with each other. Over the past 20 years, this has already become an unspoken legal custom. However, fathers who want their children to live with them, with due diligence, always achieve their goal. If the baby remains with the mother, then she is obliged to provide her ex-husband with opportunities to communicate with the child. These are the rights of a father paying child support. During a divorce, the court reserves the right of the father to see and communicate with the child who remains to live with his ex-wife. Fathers do not always fulfill their parenting responsibilities after divorce. This is due not only to negligence in relation to children, but also to the mother’s desire to protect the child from communicating with the person who caused moral harm to her. This right is also guaranteed by the Family Code.

Can a mother prohibit a father from seeing her child? Yes, it can, but there must be good reasons for this:

1. The father behaves immorally;
2. The father is registered in a psychoneurological or drug dispensary;
3. Experts have judicially recognized its negative impact on the child.

1. An oral agreement is the optimal solution for those parents who have maintained normal relationships, that is, they are aware of joint responsibility for their common child. If you think that conflicts should not arise on this basis, then you can verbally discuss the order and time of meetings with your spouse.
2. However, if there are suspicions that the child’s father will begin to abuse his right or begin to raise him “in his own way”, without discussing such issues with you, a formal written agreement should be concluded. According to Article 66, this agreement may also contain general rules for the upbringing and activities of the child with the other parent, that is, it covers an area broader than the formal time and place of meeting. In case of non-compliance with this agreement, it can be presented to the court as evidence for further legal resolution of the conflict.

However, in this case, the court will necessarily involve the guardianship and trusteeship authorities. Based on their observations, a decision will be made that may introduce unwanted adjustments. For example, indicate the possibility of meetings only in the presence of the mother. If the guardianship authorities do not reveal any violations, then the court will satisfy the father’s request without adjustments in the form in which the father requested. It is important to note that communication with a child means not only meetings, but also other forms of interaction, be it phone calls, letters or SMS.