Payment of alimony is a very sensitive and individual issue. Many parents remain unaware of how and how much they are required to pay their children. This article will answer specific questions about the purpose, amount and payment of cash support for children after eighteen years old if they decide to continue their education after graduation.
In our country, parents must provide financial support for both minor children and those who have reached the age of majority, if they decide to continue their studies at a secondary or higher educational institution.
Adult children and child support
In the process of exercising their parental responsibilities, it is supposed to pay material allowance to adult children in several situations defined by law, namely:
- the child decided to continue studying at any educational institution;
- children need material support in the context of this education;
- the payer has every opportunity to pay material benefits.
The procedure for paying child support after 18 years, if the child is studying, and children under the age of majority are the same. But it is worth noting that after coming of age the payment of financial assistance is not automatically extended. Therefore, child support after 18 years, if the child is in school or full-time at a higher educational institution, will cease. For their renewal, the second parent must again go to court with a lawsuit, or a new agreement is being concluded.
The amount of material assistance may be a certain part of the payer's income or appear in the form of a specific amount of money. The second case is possible provided that the parent does not have a regular income, or with the participation of other specific circumstances. Alimony after 18 years (if the child is studying) in the form of a certain part of the income is often awarded to people with stable and constant earnings.
The amount of such material assistance shall be determined both for adult children and for minors in the same manner. But there are also nuances of how child support is calculated after 18 years, if the child is studying. The court takes into account the possibility of the second parent to provide financial support to the child, as well as the presence of the husband or wife of this adult and their material well-being.
The person with whom the child lives and who acts exclusively in his interests, or the adult citizen himself, can apply to the court with the question of recovering additional financial assistance from the father / mother.
The amount of payment, as a rule, is 25% of the total amount of all income of the parent-payer. It can be regulated taking into account all of the above factors.
Such payments are terminated if the children reach the age of 23 years or graduation.
Minimum amount
Material support for the maintenance of children receives the parent with whom they live. Alimony after 18 years, if the child is studying at the institute, is a tool for fulfilling obligations regarding the maintenance and material support of their children. In case of a parent’s refusal to provide financial support to their children, it is necessary to contact the special authorities with a corresponding claim for enforcement. This type of litigation is not considered overly complex and protracted.
It is possible to solve the question of how to pay child support after 18 years, if the child is studying at a university, without the participation of a court. It is enough to sign an agreement. A notarized child support agreement is concluded between the parents. Subject of the agreement - the amount and terms of payment of material support. This contract is required to comply with all the rights of children established by law.
Alimony Calculation Terms
The following factors are taken into account:
- information about the health and financial condition of the payer personally, as well as the children to whom he must pay child support;
- the maintenance worker has a disabled husband, wife, mother, father or other children;
- other objective reasons that are relevant to the issue of accruing alimony.
Lower limit of cash payments
Alimony after 18 years (if the child is studying), according to the current legislation, can not be less than 30% of the subsistence level. The amount of payments after time may increase, as well as decrease if a court decision is received. This is possible if the material condition of the payer or recipient has changed, there have been changes related to their health for better or worse.
Mandatory alimony for adults
Russian legislation defines situations that oblige materially to help adult children. It:
- child support after 18 years, if the child is studying at a technical school or institute. Moreover, he needs financial support from his parents;
- in case of disability of children. If the child has a disability group (1 or 2), in connection with which the citizen has lost his ability to work. As practice shows, group 3 is not the basis for issuing cash security for an adult child.
Alimony for Adult Students
For adult children who decide to continue their studies, there is a system of payments of material benefits by the parent. This process of paying material benefits lasts until the age of 23. Early termination of payments to adult children is possible provided that the child has stopped studying, has taken academic leave or has been expelled from the place of study. Alimony after 18 years, if the child is studying, is also not paid during the holidays.
In the case of the payment of cash assistance to students at institutes and colleges for children, the court often determines a fixed amount. It depends not only on the financial situation of the parent, who must pay it, but also on the costs associated with the maintenance and education of the child.
Retention can be made from all sources of income of the parent:
- salary from an official place of work;
- monetary allowance of military personnel and persons working in law enforcement agencies;
- all types of bonuses;
- pension and scholarship;
- IP income;
- income received for the rental of housing;
- wages of persons in places l / s.
It is worth noting that today there is no specific legislative norm that would regulate the payment of alimony to adult children. The bill on amendments and additions to the IC of the Russian Federation on this issue was submitted to the State. Duma of the Russian Federation back in 2015. At the moment, the proposed changes have not entered into force.