Art. 80 IC RF. Responsibilities of parents for the maintenance of minor children

The rights and responsibilities of parents, care for children and their upbringing are one of the main family tenets, as fully stated in Article 38 of the Constitution of the Russian Federation.

In cases where parents do not participate in the maintenance of their children, alimony is collected from the guilty party in court. The rights and responsibilities of parents are additionally regulated by other regulations, including the Family Code, the Criminal Code, the Code of Administrative Offenses and the Federal Laws of the Russian Federation.

Legislative regulation

The grounds for the rights and responsibilities of parents arise depending on the origin of the children. The current Family Code of the Russian Federation establishes defining provisions that contribute to the full implementation of the constitutional rights of minor citizens to receive a decent upbringing.

In case of non-compliance with legal requirements, children have the opportunity to unilaterally recover compensation in the form of alimony from unscrupulous parents. Including with the participation of legal guardians.

The established practice of enforcement proceedings guarantees collectors a free search for the debtor and his movable/immovable property.

At the same time, the situation regarding the payment of alimony is such that not all children can count on the implementation of this rule.

Article 157 of the Criminal Code of the Russian Federation provides for the assignment of liability to the violator for malicious evasion of payment for child support. The sanction involves correctional work, taking into account the deduction of part of the salary in favor of the state budget.

In cases where children are recognized as incompetent, the parents’ responsibilities include supporting their children until the end of their lives or full recovery.

In exactly the same way, children undertake to care for their own parents. As for divorce, the procedure can be carried out either on the basis of an agreement between the parties or on the basis of a court decision.

If it was not possible to reach an agreement, it is the courts that can competently approach the current situation. Evaluate the list of obligations of each parent to their children and make the correct verdict.

Failure to comply with a decision usually entails legal liability, including criminal liability. The growing number of unscrupulous parents leads to the active criminalization of family relationships and child homelessness.

Until what age should parents support their children?

here is the age Federal Law of April 9, 2007 No. 43-FZ “On Amendments to the Federal Law “On State Pension Provision in the Russian Federation” Adopted by the State Duma on March 23, 2007 Approved by the Federation Council on March 30, 2007 Article 1 Introduce into Federal Law of December 15, 2001 No. 166-FZ “On state pension provision in the Russian Federation” (Collected Legislation of the Russian Federation, 2001, No. 51, Art. 4831; 2002, No. 30, Art. 3033; 2003, No. 27, Art. 2700; 2004, No. 35, Article 3607) the following changes: 1) paragraph ten of Article 2 should be stated as follows: “disabled citizens - disabled people, including disabled people since childhood, disabled children, children under 18 years of age, as well as over this age, full-time students in educational institutions of all types and types, regardless of their organizational and legal form, with the exception of educational institutions of additional education, until they complete such training, but no longer than until they reach the age of 23 years, who have lost one or both parents, and children of a deceased single mother, citizens from among the small peoples of the North who have reached the age of 55 and 50 years (men and women, respectively), citizens who have reached the age of 65 and 60 years (men and women, respectively) who do not have the right to pension provided for by the Federal Law “On Labor Pensions in the Russian Federation.”; 2) paragraph four of paragraph 1 of Article 11 should be worded as follows: “children under the age of 18, as well as over this age, studying full-time in educational institutions of all types and types, regardless of their organizational and legal form, with the exception of educational institutions additional education, until they complete such training, but no longer than until they reach the age of 23 years, who have lost one or both parents, and children of a deceased single mother, who are not entitled to a survivor’s pension provided for by the Federal Law “On Labor Pensions in Russian Federation", or a survivor's pension in accordance with Articles 8 and 10 of this Federal Law; "; 3) subparagraphs 1 and 2 of paragraph 1 of Article 18 should be stated as follows: “1) citizens from among the small peoples of the North who have reached the age of 55 and 50 years (men and women, respectively), citizens who have reached the age of 65 and 60 years (men and women, respectively) women), disabled people with a second degree limitation in their ability to work (with the exception of people with disabilities since childhood), children under the age of 18, as well as older than this age, studying full-time in educational institutions of all types and types, regardless of their organizational legal form, with the exception of educational institutions of additional education, until they complete such training, but no longer than until they reach the age of 23 years, who have lost one of their parents - 100 percent of the size of the basic part of the old-age labor pension provided for by the Federal Law “On Labor Pensions” in the Russian Federation" for citizens aged 60 and 55 years (men and women, respectively). At the same time, the size of the social pension for disabled people with a disability of the second degree (with the exception of disabled people since childhood), and the social pension for children under the age of 18, as well as over this age, studying full-time in educational institutions of all types and types regardless of their organizational and legal form, with the exception of educational institutions of additional education, until they complete such training, but no longer than until they reach the age of 23 years, having lost one of their parents, cannot be less than 470 rubles per month;

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§ Can choose (with the consent of the parents) a place of residence (Article 20.26 of the Civil Code of the Russian Federation) § Conclude any transactions (with the written consent of the parents - Article 26 of the Civil Code of the Russian Federation) § Have the right to independently dispose of their earnings, scholarships, and other income (Art.

The Convention on the Rights of the Child was adopted by the UN and supported by the entire world community (more details in the article: in what year was the Convention on the Rights of the Child adopted?);
The Constitution of the Russian Federation establishes the fundamental rights and freedoms of all citizens of our country;
The Family Code of the Russian Federation regulates relationships within the family, the interaction of children with parents;
The Civil Code contains information on the procedure for the adoption of minors;
The Administrative Code is used in case of improper care and supervision of a child;
Law 124-FZ “On Basic Guarantees of the Rights of the Child in the Russian Federation”;
Law 273-FZ “On Education”;
other regulatory documents.

Each case is considered individually, the submitted documents and evidence are studied, the financial condition of not only the adult, but also the parent from whom alimony is being collected is assessed. In addition, you need to make sure whether the child can provide for his needs and requirements without outside help. It is also determined whether there are additional revenues, including social benefits and other income.

The second condition is material need. Since there is no such concept at the legislative level, the judge, when making a decision, is guided by the living wage established in Russia. It may differ in each region. Not only the income, but also the expenses of the disabled child are taken into account.

Parents' rights

In accordance with the norms of current legislation, parents have the following rights:

protection of the legitimate interests of children without prior registration of special powers;
ensuring access of minor children to municipal, state and private educational institutions;
influence on children’s choice of an acceptable form of education and type of training – it is allowed to provide educational material at home;
participation in the management of an educational organization in whose classes their children are constantly trained;
familiarization with the plan of the educational process;
expression of consent or disagreement to children undergoing military training on the basis of elective classes;
provide moral and religious education based on one’s own preferences;
receive qualified assistance from representatives of state executive authorities;
cares for and supports his minor children after deprivation of parental rights.

Parents living separately from the child can legally communicate and take part in solving educational issues.
In addition, it is possible to obtain information about children from the administration of educational, educational and other institutions.

What are the responsibilities of parents in raising and maintaining children?

The duty to raise a child (Article 63 of the RF IC) means instilling in him good manners, comprehensive development, teaching him to be in society and to be in demand. Education is assumed from all angles - spiritual, physical, mental development of the offspring’s personality.

Child support (Article 80 of the RF IC) is an obligation that implies provision for children under the age of majority by their parents. Children need to be provided not only with food and clothing, but also with toys, treatment, recreation, and education in accordance with age-related needs.

Parental responsibilities

All parents, without exception, must comply with the following rules:

protect the rights and interests of children without harming their psychological and physical health, or their moral values;
organize the educational process without disregard for the life and health of children, without rude and degrading communication;
provide basic education in state, municipal and any other institutions with a similar status;
create comfortable conditions for receiving secondary education, including special education;
fully comply with the established Charter of the educational institution and fulfill certain rights and responsibilities of parents at school;
provide conditions within which children will develop normally;
support all minor children from a financial point of view.

For improper fulfillment of certain parental obligations, as well as for the commission of actions that constitute offenses under the law, parents/guardians/representatives are responsible. Responsibility of both administrative and criminal nature.

If any offense was committed by a person between the ages of 14 and 18, then responsibility must be borne by him. Except in cases where a minor citizen cannot independently compensate for the harm caused.

In such cases, this is the basis for the rights and obligations of parents to make payments. If they cannot prove that the harm occurred through no fault of their offspring.

Responsibilities of parents for the upbringing and maintenance of children according to the Family Code

It is worth noting that the order and form of child support is determined by the parents themselves. For example, an agreement may be concluded between them on material support for the child, indicating specific amounts that will be allocated to him to provide for all basic needs.

In accordance with the current principles and norms of law, the responsibilities of parents for the upbringing and maintenance of children include not only ensuring the spiritual, physical and intellectual development of their children, but also supporting them financially. Until the child turns 18, all expenses for his maintenance are borne by the parents.

Taking into account the fact that family relationships can end at any time, including at the present time, the legal position of the parents related to the eviction of their son has legal force. Parents have the right to apply to court with a new claim based on new circumstances. At the same time, I would like to believe that the lower courts will not repeat the judicial error when establishing the presence/absence of family relationships. And it’s even better if parents and son stop the conflict and re-establish family relationships.

Thus, in accordance with Article 38 of the RF IC, the court may recognize the property acquired by each of the spouses during the period of their separation upon termination of family relations as the property of each of them. According to Article 133 of the RF IC, the consent of a spouse to adopt a child is not required if the spouses have terminated their family relationship, have not lived together for more than a year and the place of residence of the other spouse is unknown.

When collecting alimony on the basis of a court order, the judge does not pay any attention to the specific circumstances of the case, but only collects alimony in accordance with the rates established in Art. 81 IC RF. As a result, the scope of application of this method is very limited.

If parents do not provide maintenance for their children and do not enter into an agreement on the payment of alimony, funds for the maintenance of children are collected in court. Collection of alimony is the responsibility of the parent with whom the child lives, or the person replacing him (adoptive parent, guardian, trustee). These persons act as the legal representatives of the child when collecting alimony. They do not have the right to waive the right to alimony belonging to the child. Any agreement aimed at such refusal is void.

No, they do not, within the meaning of Art. 63 - 67 RF IC, 1073 - 1074 RF Civil Code. In this case, no connection with the education of a person who has reached the age of 18 at school (other educational institution) has been established. Exceptions are if he is recognized in accordance with the established procedure as incompetent due to mental illness.

My parents begin to constantly read the moral that they are responsible for my moral, ethical and physical health until I am 23 years old since I am studying and it is written somewhere, but in the end they cannot say where exactly. I am 19 years old and I doubt the veracity of their words

It is difficult to disagree with the author Andryukha Tutor that constant cash handouts corrupt children. Nevertheless. I have such a desire, and I do it with pleasure, since I work well on the side myself. My daughter is uncomfortable taking money from me; she never asks.

And you know, a person at 30 years old who systematically takes from his parents really doesn’t know how to spend his own so that there is enough. Therefore, it makes sense to refuse, so that a person either learns to live on what he has, or uses his brains in order to learn to earn more.

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Execution of legislation

The public and classical school education play a decisive role in identifying dysfunctional families in which children are subjected to physical, sexual or moral violence. All this obviously leads to an antisocial lifestyle.

The control function is assigned to authorized representatives of law enforcement agencies. Which identify hotbeds of violence and regulate the responsibilities of parents to support disabled adult children.

However, the decisive role is played by local guardianship and trusteeship authorities, which monitor trends in parents’ failure to fulfill their duty to their children.

Employees of these organizations have official powers not only within the framework of appointing guardians, but also:

in resolving issues of transferring minor children to special educational institutions;
participation in court proceedings on issues of defending children's rights;
in making decisions at meetings of interdepartmental commissions on the affairs of minors.

Despite the measures taken by the government of the Russian Federation, the number of dysfunctional families does not decrease and even increases with each new year.

Preventive measures only produce results in situations where the existing problem has not yet become irreversible.

Only in such cases can guardianship authorities not apply harsh sanctions against parents.

Until what age does a child legally have to live with his parents?

The amount of alimony is determined not only in court. Parents can agree among themselves and conclude an agreement at any notary office. The payment agreement may also contain other clauses that are of interest to one of the parties.
Payments for an infant up to one year are assigned only if the mutual consent of each party to the divorce is confirmed.
The amount of payments directly depends on the financial capabilities of the parents.

Before reaching this age, a person is limited in making certain transactions. Almost all decisions are made for him by his legal representatives. The exception here is emancipation - declaring a minor an adult. This is possible in cases where a teenager works in an organization or is engaged in business with the permission of his parents.

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Consequences of improper execution

Parental obligations to support minor children may not be met under certain circumstances. Those persons who improperly perform their duties bear administrative liability in the form of a warning or financial penalty.

This is fully stated in Article 5.35 of the Code of Administrative Offenses of the Russian Federation. If the failure to fulfill the duty is aggravated by cruel treatment, then the competent authorities of the municipal government impose a more serious punishment. In the form of a large fine or community service for up to 440 hours.

If there are a combination of reasons that manifest themselves in systematic evasion of the responsibility for upbringing, parents are deprived of their rights on the basis of Article 69 of the Family Code of the Russian Federation.

Cases of assignment of criminal liability

The criminal legislation of the Russian Federation provides for the existence of special rules on the corresponding responsibility of parents for failure to comply with the rules of upbringing or failure to provide financial compensation.

It is worth highlighting the following provisions on the basis of which parents will be punished:

involvement of minors in illegal actions through deception or threats;
involving children in the systematic use of alcohol and drugs;
involvement in prostitution or begging;
failure to comply with obligations to provide appropriate parenting if the actions are directly related to abuse;
systematic evasion of parental support obligations in relation to minor children.

In each of the above cases, parents will be held criminally liable unless their innocence is proven.

If at the time of causing mental or physical harm the victim was within the walls of an educational, medical or health institution, then authorized representatives of the administration of these institutions will be responsible for the damage caused.

In situations where the parents do not have enough money to compensate for the harm, and the person involved in the offense has such funds, the courts may demand compensation for the harm from the actual guilty party.

The property rights and obligations of parents are also affected in transactions concluded by minor children under 14 years of age.

Until what age does a child legally have to live with his parents?

Rights and responsibilities of parents In the Russian Federation, paragraph 2 of Art. 38 of the Constitution establishes that caring for children and their upbringing is an equal right and responsibility of parents. This constitutional norm is ensured and specified by the family legislation of the Russian Federation. Art. 61 of the Family Code states that parents have equal rights and bear equal responsibilities in relation to their children (parental rights). Parental rights are based on the origin of the children, certified in accordance with the procedure established by law.

Responsibilities of parents in the educational sphere

The standards relating to the education of children are set out in the Federal Law of the Russian Federation No. 273 “On Education” dated December 21, 2012.

Responsibilities of parents for raising and maintaining children in addition to:

choosing an educational institution,
forms of education (full-time, correspondence, home),
as well as the language of instruction (Russian, national or foreign)

also consist in constantly obtaining information about the formed curricula and teaching methodology.

Attending psychological examinations by a child is a parental right, as is protecting the interests of a minor.

A similar conclusion cannot be drawn about compliance with the rules and procedures of specific educational institutions. All this relates to responsibilities.

Parents must be directly involved in resolving conflict situations and disputes within the educational institution.

In any case, it is important not to bring the problem to the involvement of representatives of guardianship authorities or law enforcement agencies.

Upbringing

The norms of Article 63 of the current Family Code of the Russian Federation reflect that the responsibility for education provides for:

instilling good manners,
comprehensive development,
social interaction training
and the desire to be in demand.

This implies comprehensive education: in spiritual, psychological and physical development.

With regard to the maintenance of children, in accordance with Article 80 of the Family Code of the Russian Federation, this is an obligation. Implying financial support for children until they reach the age of 18 or achieve emancipation.

As for the personal non-property rights and responsibilities of parents within the framework of upbringing, they are as follows:

the right to full communication if children live with the second parent after a divorce;
obligation to protect the interests of the child to individuals or legal entities;
the right to moral development.

Comments on Article 80 of the RF IC, judicial practice of application

Explanations of the Plenum of the Supreme Court of the Russian Federation 2021:

The Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 56 “On the application of legislation by courts when considering cases related to the collection of alimony” contains the following explanations:

Collection of alimony when it is paid by the parent voluntarily

In accordance with paragraph 1 of Article 80 of the RF IC, parents are obliged to support their minor children, while the procedure and form for providing maintenance to minor children are determined by the parents independently. 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 (clause 2 of Article 80 of the RF IC).

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The payment by a parent of funds for the maintenance of a child on a voluntary basis in the absence of a notarized agreement on the payment of alimony is not an obstacle to the court considering a claim for the collection of alimony.

(See paragraph 14 of the Resolution for more details)

Who has the right to file a claim in court to collect child support?

The following persons have the right to apply to the court for the collection of alimony for a minor child:

one of the child's parents;
guardian (trustee) of the child;
adoptive parents;
adoptive parent, if the adoption was carried out by one person while maintaining the personal non-property and property rights and obligations of the child with the other parent (clause 3 of Article 137 of the RF IC);
an organization for orphans and children left without parental care, performing the duties of a guardian or trustee (clause 1 of Article 155.1 and clause 2 of Article 155.2 of the RF IC, clause 4 of Article 35 of the Civil Code of the Russian Federation, part 5 of Article 11 of the Federal Law of April 24, 2008 N 48-FZ “On guardianship and trusteeship”);
guardianship and trusteeship authority (clause 3 of Article 80 of the RF IC).

(See paragraph 15 of the Resolution for more details)

Termination of alimony payments if a minor acquires full legal capacity before reaching 18 years of age

In accordance with Article 80 of the RF IC, funds for the maintenance of minor children, recovered from parents in court, are awarded until the children reach adulthood. However, if a minor for whom alimony is recovered by court order or by a court decision, before he reaches the age of eighteen years, acquires full legal capacity (clause 2 of Article 21, clause 1 of Article 27 of the Civil Code of the Russian Federation), payment of funds for his maintenance in accordance with clause 2 of Article 120 of the RF IC is terminated.

(See paragraph 30 of the Resolution for more details)

Cases of minors acquiring full legal capacity (before reaching the age of 18):

Article 21 of the Civil Code of the Russian Federation (“Citizen’s legal capacity”)

2. In cases where the law allows marriage before the age of eighteen, a citizen who has not reached the age of eighteen acquires full legal capacity from the time of marriage.

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Article 27 of the Civil Code of the Russian Federation (“Emancipation”)

1. A minor who has reached the age of sixteen may be declared fully capable if he works under an employment contract, including a contract, or with the consent of his parents, adoptive parents or guardian is engaged in entrepreneurial activity.

A minor is declared fully capable (emancipation) by decision of the guardianship and trusteeship authority - with the consent of both parents, adoptive parents or trustee, or in the absence of such consent - by a court decision.

Children's rights in the family

Each child acquires his constitutional rights by right of birth on the territory of the Russian Federation.

The most important rule is living in your own family. In other words, children must live with their parents or at least with legal guardians.

Despite this, there are cases when a mother or father refuses to raise their child. In this situation, the primary right and the entire list of obligations are transferred in favor of government bodies.

In addition, minor children can count on legal adoption into a foster family.

In all other cases, they will be raised in a specialized institution. The responsibilities of adoptive parents are similar to those established for biological parents.

A child has a similar right if his health or life is in danger. In such situations, children are forcibly removed from dysfunctional families by employees of territorial guardianship authorities.

Until the official court decision is made, the minor citizen will be kept in an orphanage.

Parents can count on the restoration of their rights. To do this, it is important to provide the court with a comprehensive evidence base on the fact of innocence. In any case, the family will be under the close supervision of the guardianship authorities for some time. Even when parents are deprived of their rights.

If one of the parents prevents children from communicating with other close relatives, then the latter can file a claim with the office of the district court. Resolving such conflicts is the responsibility of the executive bodies of municipal authorities.

A competent decision is made on the basis of witness testimony. If the outcome of the proceedings is positive, the court will allow the child to meet with any of the relatives.

Otherwise, a negative verdict will be issued and the minor will remain under the total custody of the parent.

Rights of minor parents

The rights and obligations of minor parents are respected by Article 62 of the Family Code of the Russian Federation.

They have the legal right to live with their children and to fully participate in their upbringing.

Minors who are not officially married cannot independently participate in child care without the participation of an additional guardian.

All disagreements arising between the appointed guardian and the parents are resolved by the controlling government authorities.

Minor parents can, on a general basis, challenge or confirm their paternity or maternity. The procedure for establishing paternity is carried out exclusively after the minor parent reaches the age of 14 and only through a court hearing.