Alimony obligations in the family worry some citizens. It's no secret that parents are obliged to allocate money for their minor children. But few people know that grown children should financially support their ancestors. Next, we have to find out what is the size of child support for parents-pensioners in Russia. What do you need in order to recover funds from the child for maintenance? What documents can be useful for translating ideas into reality? Can payments be reduced or increased ? All this should be known to every resident of the Russian Federation.
Alimony for parents - a reality or a fairy tale?
Are children really required to keep their parents retired? Yes. Family legislation of the Russian Federation indicates that adult able-bodied children should financially support their ancestors. But for this, certain conditions must be observed.
In practice, most often, children themselves help their retired parents. But if the relationship in the family did not work out, you will have to seek justice through the courts. How much will the amount of child support for retired parents be? And who exactly has the right to material support?
Conditions for child support
Not all pensioners can hope for child support from their children. The Family Code strongly protects both ancestors and descendants. Therefore, money can be claimed from raised children only under certain circumstances.
Parents must meet the following criteria:
- reach retirement age;
- be disabled (with the exception of 3 groups);
- to be in need;
- be completely disabled and have no chance of self-sufficiency.
Often in Russia, pensioners continue to work. In this case, it will not work to demand money from their children. No court will side with an elderly person.
The main problem of such maintenance disputes is the determination of need. The legislation of the Russian Federation does not provide clear criteria by which the court can confidently say that pensioners need support. Therefore, to predict the amount of alimony for parents-pensioners is problematic. In the same way as saying when a child will pay ancestors, and when not.
Fathers and Sons
Some believe that the absence of an official income for adult children may relieve parents of parental responsibility. But this is not so. Any able-bodied person can impose alimony.
It should be noted that very often divorced parents are interested in material support from children. Some of them appear on the threshold of a child’s home only after retirement age and claim that the grown up is then obliged to support them.
But this is not so. If a parent shied away from fulfilling his obligations to a minor child (did not raise, did not educate, did not feed, did not support) or abuse his position (beat, mocked, crushed by parental authority), you can not pay child support. Parents who have deprived them of their legal rights to children cannot apply for financing.
Alimony issues
How much can alimony for retired parents? The size of this material support is very problematic to establish. It all depends on the degree of need of citizens.
Often there are situations when fathers after a divorce in every possible way reduced child support for their children. There are cases in which the second parent allocated 1,500 to 2,000 rubles per month for children. And this is all the child support that was laid on the child.
In the future, such a payer will be able to claim alimony from his children. It doesn’t matter how much money a citizen transferred to support a child. The main thing is that he did this. As practice shows, the amount of child support for parents-pensioners is not symbolic, as happens when deciding on the maintenance of a minor child. Many families face such injustices.
Exact amounts
Now a little about how much you have to pay your own parents. As already mentioned, this issue is resolved individually.
What is the amount of child support for retired parents? It all depends on the degree of need of older citizens. The court usually takes into account the financial situation of children, but it is not the main determining material support.
To date, the judicial authorities pay attention to the following components when awarding alimony:
- financial situation of parents;
- financial opportunities for children;
- the real cost of living for pensioners;
- the degree of need of the elderly;
- sources of income for both parents and children;
- marital status;
- facts of fulfillment of parental obligations in the past;
- other circumstances that may affect the course of business.
It follows that it is simply impossible to name the exact amount of alimony. With confidence, we can say that the court will certainly take into account all of the above components and take into account the cost of living of the region.
Payment adjustment
Do I have to pay child support for retired parents? The size of these payments will be determined during the court session, but the parties can resolve this issue amicably among themselves.
The legislation of the Russian Federation allows citizens to adjust the amount of material support for parents, spouses and children. There are certain reasons for this.
What is it about? For example, the following factors affect the increase and decrease in child support :
- change in the marital status of one of the parties;
- improving the financial situation of parents;
- decrease in real income of the payer;
- rehabilitation of the pensioner;
- obtaining by a child the status of disabled or disabled person;
- the birth of minor children;
- employment of pensioners.
Both receivers of financial support and payers can file a lawsuit to reduce, increase or cancel child support.
Payment Procedure
Today it is difficult to predict the amount of child support for retired parents. The procedure for allocating money to support elderly ancestors can also be different. As already mentioned, this issue can be resolved both in a judicial proceeding and peacefully.
It follows that the funds for parents can be allocated:
- By the tribunal's decision;
- by concluding a notary support agreement;
- voluntarily by agreement (oral).
It should be borne in mind that payments can be assigned both as a percentage of the payer’s salary and in a solid cash amount. The second alignment in practice is more common. In the first case, it is difficult to understand how much percent needs to be allocated for the maintenance of parents. After all, the legislation of the Russian Federation does not regulate this issue.
Where to go for help
Do you want to reduce or increase the amount of child support for retired parents? How to file a suit? Where do I go about child support?
In Russia, this topic is addressed by justices of the peace. They consider all claims for the appointment of alimony and their change. You can also apply to district courts, but only if, together with the appropriation of payments, you need to divide property that costs more than 50 thousand rubles.
Documentation
What documents can be useful to citizens when applying to court? To correctly determine the amount of child support for parents-pensioners, many documents will have to be collected.
Among them, most often distinguish:
- a lawsuit with a detailed description of the expenses of parents;
- documents indicating the income of children and ancestors;
- disability certificates;
- birth certificates of all children;
- labor books;
- pension certificates of parents;
- other documents that can prove the need of parents;
- certificates indicating the insolvency of adult children;
- documents on adoption.
The main thing is to substantiate your decision. It is advisable to present checks and receipts indicating the real expenses of older people. Then the court will be able to accurately assess how much the family needs additional support.
Load distribution
Have child support parents been assigned? The size of these payments, as we have already found out, depends on the specific situation. But this is far from all the features of material support for elderly and needy parents.
The court always takes into account the number of able-bodied adult children in the family. The financial support expressed by alimony is distributed among all children. Parents have the right to refuse payments from a particular child, but not to the detriment of the rest - the money will simply be deducted from child support.
This means that the judiciary will never shift the burden of responsibility for disabled parents to only one descendant. Usually they try to distribute the maintenance load in equal proportions.
Summary
From now on, it is clear what the amount of child support for parents-pensioners is in Russia. A sample claim for a payment destination is presented below. This is just a template that will help draw up a statement of the established form.
In fact, the situation with financial support for parents in Russia is ambiguous. Around her there are various disputes. All conflicts that arise are best resolved peacefully, but justice often has to go to court. The amount of child support for retired parents is approximately understood. The Family Code of the Russian Federation protects elderly needy citizens in every possible way.