Responsibilities of children towards parents. Parental support payments

Russian law provides for the provision of parents for their children. If the spouse is divorced, then one of them has the obligation to pay child support. Someone does it voluntarily, and someone in court. But the law also provides for the opposite. Let us consider in more detail what are the responsibilities of children in relation to parents.

What does the law say?

Family law clearly defines the position of both parents in relation to their children and children in relation to parents. Everyone is used to the fact that parents must provide for their children until adulthood and beyond, until they get to their feet. But few are familiar with the norms that children should also be responsible for their parents. What are the responsibilities of adult children to parents? According to Article 87 and Article 88 of the IC of the Russian Federation, this is the material support of relatives and their maintenance. Namely:

• obligation to maintain disabled parents and care for them;
• recovery in court of alimony from children in the absence of an agreement on their payment;
• determination of the amount of alimony according to the material and marital status of the parties;
• the amount of child support depends on the number of children who have reached the age of majority and have a job;
• incurring additional costs in the absence of care for disabled parents.

In addition, children can be exempted from the financial support of their parents if it is proved that the latter did not participate in raising children. In addition, the child may not pay child support if they are deprived of parental rights.

Cash payments

As already mentioned, able-bodied children are required to provide for parents in the following cases:

1. Parents are disabled (pensioners, disabled people of the 1st or 2nd group).
2. Parents are in distress.

Regardless of whether children pay money or not, the right to receive them must be documented. Responsibilities for the maintenance of parents fall on the shoulders of children if:

1. Confirmed consanguinity.
2. Disability confirmed.
3. The need for financial issues has been confirmed.

Recovery

Alimony for parents can be paid:

1. Voluntarily. It is supposed to conclude an agreement, which indicates the procedure and form of payments, the amount of alimony. If the terms of the agreement are violated, then it receives the force of the writ of execution.
2. Forced. In case of refusal of voluntary support, parents have the right to sue the children.

Submission of documents

In cases where the duties of children towards parents are not fulfilled, the latter are forced to apply to the courts to assert their rights. Legislatively established a certain algorithm for filing documents from parents for material support. You can only collect child support if:

• children have reached the age of majority;
• children are able-bodied.

A claim for child support is filed at the place of residence of the children.

The statement of claim must be drafted in accordance with all provisions of the law. A parent submits a document. The claim can be sent by mail or through the clerical department of the court.

The application should include the following information:

• name of court;
• details of the plaintiff and defendant;
• the basic requirement for the recovery of material support;
• documentary evidence of requirements;
• Appendix: copy of application, copy of passport, copy of birth certificates, supporting documents.

The statement of claim is made in triplicate and is not subject to state duty. Within five days, the judge passes a verdict on the acceptance or rejection of the claim. The application must contain information about all adult children.

Content Size

Caring for elderly parents is the responsibility of children, including material support. The amount of alimony will depend on circumstances such as:

• the existence of a voluntary agreement between the parties, where the amount of payments is determined by mutual agreement;
• enforcement, where the amount is determined by the justice of the peace (the amount is expressed in hard currency, the amount depends on the material and marital status of the parties, money is paid monthly, the amount depends on the number of children).

Obligations of children towards parents in the form of financial payments are undeniable, but, in turn, children can demand a reduction in child support if their financial situation worsens.

Content exemption

According to Article 87 of the RF IC, there are several cases in which the responsibilities of children towards parents in the form of financial support may not be imposed:

1. If it is proved that the parents at one time avoided fulfilling their duties: non-payment of alimony, non-fulfillment of obligations on education and training, as well as on protecting the rights of their children.
2. If parents were deprived of parental rights (if rights were restored, then the obligation of children to provide for parents is also restored).

Arbitrage practice

In most cases, if legal regulations are followed, children are awarded financial security for their parents. But usually the requested amount is much less. In such situations, the court takes into account not only the general situation of the parents, but also the financial and marital status of the children. If, according to all indicators, the children cannot pay the amount requested by the parent, the court appoints the maximum possible material security. In this case, both official incomes of children and unofficial ones are taken into account.