According to the norms of family and civil legislation of the Russian Federation, legal relations, as well as obligations arising between parents and their children related to the payment of alimony, are essentially mutual in nature. The above provision is directly related to the function of the judicial system of our country, which is to consider claims in the field of alimony collection. A claim for the recovery of alimony for disabled parents is filed with the magistrate's court in the territoriality where the defendant lives.
It is also necessary to indicate that the responsibility for maintaining parents falls exclusively on children who are adults and have a working function. If a court has previously made a decision to deprive parental rights, or has reliably established that the parent did not fulfill or performed improperly his responsibilities for the care and upbringing of children, he is deprived of his ability to accrue child support obligations.
The statement of claim may look like this:
If we are talking about the assignment of alimony for the maintenance of minor children, then the claim is filed according to.
How to file a claim for the recovery of alimony for the parents of pensioners
An application containing a claim to collect alimony for the maintenance of parents must be submitted to the court exclusively in writing. According to Article 131 of the Code of Civil Procedure of the Russian Federation, certain legal requirements for its execution apply to such an application.
In particular, the statement of claim must include the following information:
- Full name of the judicial authority to which the statement of claim is sent. As previously stated, such a statement is sent to the magistrate’s court. Before sending documents, it is recommended to find out about the composition of judges in the above body and familiarize yourself with their qualifications;
- Full details of the parties, as well as details of representatives, if any. The document indicates a contact telephone number and mail address on the Internet telecommunications network, if it is established;
- The main essence of the violation or threat of violation of the legal status of the plaintiff, his demands in relation to the defendant;
- The set of circumstances on the basis of which the plaintiff puts forward his demands for the recovery of alimony for maintenance, as well as a full range of evidence according to which these circumstances can be confirmed, that is, indicating that the specified parent really needs maintenance;
- An exhaustive list of additional documentation attached to the statement of claim.
The package of documents attached to the statement of claim may include the following attachments:
- Several copies of the application with all attachments, according to the number of persons participating in the trial;
- Power of attorney of the person who represents the interests of the plaintiff (the parent demanding alimony for his maintenance). It reflects all the necessary powers for his defense in court;
- Documentation indicating all the circumstances of the plaintiff’s (parent’s) claims for the collection of child support in relation to the defendant. Such documents in the case of a claim for alimony include a birth certificate, as well as a certificate of marriage or divorce.
After the above application has been submitted to the court, within 5 days, the magistrate must make one of several decisions on it. He can accept it or, on the contrary, refuse to accept it, return it, or leave the statement of claim without further movement.
If the magistrate issued a ruling containing a refusal to accept the claim for recovery, it can be appealed. This procedure takes the form of sending a private complaint to the city court.
Why the court may refuse to accept a claim
Reasons according to which a claim may be returned by a judicial authority:
- The document was filed by a person with incapacity;
- The structure of the document does not contain the signature of the applicant or instead it is signed by another person who does not have the authority to do so.
Sample design
Sample statement of claim for the recovery of alimony for the maintenance of a parent -.
A sample statement of claim for the recovery of alimony for the maintenance of a parent in need of financial assistance, taking into account the latest changes in current legislation.
The statement of claim is submitted to the magistrate at the place of residence of the defendant. Claimants do not pay state fees for such disputes. Children who have reached the age of 18 and are able to work must support disabled parents who need help. Disabled people are men over 60 years of age, women over 55 years of age, and disabled people. Need means that parents do not receive a pension or benefit or their amount is insufficient.
The court evaluates the income of parents and children and determines the amount of alimony in a fixed amount. Typically, the court involves in the case all children who can help the parents, regardless of the parent’s wishes. A claim for the recovery of alimony for the maintenance of a parent may be denied if the parents avoided raising their children. The court will refuse the claim if the parent has been deprived of parental rights.
The issues of collecting alimony for the maintenance of parents from their children are covered in more detail in the article “Alimony for parents.”
Magistrate of the court district
No. ____ by city (district)______
Plaintiff: _____________________
(full name, address)
Respondent: ___________________
(full name, address)
Cost of claim: ___________________
(amount of payments per year)
STATEMENT OF CLAIM
on the collection of alimony for the maintenance of a parent
I am the father (mother) of _________ (full name of the defendant) “___”_________ ____year of birth, living at the address: _________.
I am disabled and need financial assistance, my monthly income consists of a pension in the amount of _______ rubles. per month, I have no other sources of income.
The defendant refuses to support me voluntarily _________ (indicate the reasons for the refusal). The defendant is sufficiently wealthy, has a permanent job and a stable income, and has the opportunity to participate in my maintenance.
Based on the above, guided by Article 87 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,
Collect from _________ (full full name of the defendant) alimony in the amount of _______ rubles. monthly for my maintenance.
Petition:
To confirm the defendant’s financial situation, I ask you to request information from him about the amount of wages and other income.
List of documents attached to the application (copies according to the number of persons participating in the case):
- Copy of the statement of claim
- Defendant's birth certificate
- Pension certificate
- Certificate of pension amount
- A copy of the plaintiff's work record
Date of application “___”_____________ Signature of the plaintiff ______
Sample claim for collection of alimony for parental maintenance
To the Industrial District Court
city of Barnaul, Altai Territory
Plaintiff:
Ivanova Larisa Erofeevna
656064, Barnaul, st. Pavlovsky tract 81/2
Representative: Kruglov Alexander Sergeevich
Barnaul, Georgieva St., 20-115
Respondent:
Petrov Igor Ivanovich
656064, Barnaul, st. Pavlovsky tr-t 83A
State duty: __________________ rubles
STATEMENT OF CLAIM
on the collection of alimony for the maintenance of parents and the establishment of a procedure for their indexation
The plaintiff is the mother (father) of the defendant. The plaintiff is disabled, needs help and constant care, which is confirmed.....
An able-bodied, adult defendant does not voluntarily provide the plaintiff with assistance and the required care. The plaintiff is not married, the plaintiff’s income is .... rubles per month, which is confirmed...
The plaintiff has no other sources of income. The plaintiff's expenses for food,
housing, medicine, clothing per month amount to…. (….) rubles, which is confirmed…. The plaintiff constantly lacks…. (…..) rubles per month.
The defendant works in a position, which is confirmed….. The defendant is (or: is not) married, supports minor children (or: other disabled family members) (or: does not support minor children/other disabled family members), which is confirmed………
Thus, the defendant has enough funds to support the plaintiff. An agreement on the amount of alimony and the procedure for its provision has not been reached between the plaintiff and the defendant. According to Art. 87 of the Family Code of the Russian Federation, able-bodied adult children are obliged to support and care for their disabled parents in need of help. In the absence of an agreement on the payment of alimony, alimony for disabled parents in need of help is collected from able-bodied adult children in court.
The amount of alimony collected from each of the children is determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed amount of money payable monthly.
The amount of alimony collected from each of the children is determined by the court based on the financial and marital status of the defendant and other noteworthy interests of the parties in a fixed amount of money payable monthly.
In accordance with Art. 318 of the Civil Code of the Russian Federation, the amount paid under a monetary obligation directly for the maintenance of a citizen is indexed in cases and in the manner established by law or agreement.
According to Art. 117 of the Family Code of the Russian Federation, the bailiff, as well as the organization or other person to whom the executive document was sent in the case established by Part 1 of Art. 9 of the Federal Law of 02.10.2007 N 229-FZ “On Enforcement Proceedings”, indexation of alimony collected by court decision in a fixed amount is proportional to the increase in the cost of living for the corresponding socio-demographic group of the population established in the relevant constituent entity of the Russian Federation according to place of residence of the person receiving alimony, in the absence of a corresponding subject of the Russian FederationFederations of the specified value carry out this indexation in proportion to the increase in the cost of living for the corresponding socio-demographic group of the population as a whole in the Russian Federation. The amount of alimony collected by a court decision in a fixed sum of money, for the purpose of indexation, is established by the court as a multiple of the minimum subsistence level, determined in accordance with the rules of paragraph 1 of Art. 117 of the Family Code of the Russian Federation, including the amount of alimony can be established as a share of the cost of living.
Based on the above and guided by Art. 87, paragraph 2 of Art. 117 Family Code of the Russian Federation, Art. 318 Civil Code of the Russian Federation, Art. Art. 131, 132 of the Civil Procedure Code of the Russian Federation,
I ASK THE COURT:
To collect from the defendant in favor of the plaintiff alimony in a fixed sum of …..(……) rubles monthly. In order to index the amount of alimony, establish the specified amount as a multiple of the subsistence minimum in the Russian Federation.
Applications:
1. Documents confirming the degree of relationship or other relationships giving
right to receive alimony.
2. Documents confirming the plaintiff’s incapacity for work.
3. Certificate of income of the plaintiff.
4. Documents confirming the plaintiff’s need.
______________________
signature
Information for your information:
Cases regarding claims for the collection of alimony are considered by a magistrate as a court of first instance (clause 2, 4, part 1, article 23 of the Civil Procedure Code of the Russian Federation).
By virtue of Part 3 of Art. 29 of the Civil Procedure Code of the Russian Federation, claims for the collection of alimony can also be brought by the plaintiff to the court at his place of residence.
The price of the claim for claims for the recovery of alimony, in accordance with clause 3, part 1, art. 91 of the Civil Procedure Code of the Russian Federation, is determined based on the totality of payments for the year.
State duty is not paid according to paragraphs. 2 p. 1 art. 333.36 of the Tax Code of the Russian Federation by plaintiffs in claims for alimony.
In a fixed amount of money payable monthly, alimony is collected for maintenance:
- disabled parents in need of help (Article 87 of the Family Code of the Russian Federation).
The law, establishing mandatory parental support for a child, defines cases in which mature children help their parents financially.
The collection of alimony from parents is not always allowed, but only in special cases. Because of this, the problem of alimony relations is more complex than establishing maintenance for minors and understanding how to collect child support arrears.
Legal aspects of collecting alimony for parents
According to the law (Russian IC), parents have the right to demand financial assistance if four conditions are simultaneously met:
- Incapacity of older family members - disability or retirement.
- The neediness of the father or mother - their income is not enough to live on (usually to determine this attribute, the ratio of real income and the minimum subsistence level established by law is used).
- The ability of younger relatives to work - their age and state of health allow them to work and earn a living on their own.
- Children reaching the age of eighteen. If a child before this age began to receive money for work, it will not be possible to impose on him an obligation to support his parents.
When determining the right of a father and mother to demand payment of financial assistance, the amount of income of the children is taken into account. If the collection of alimony from a non-working parent is permissible by law, then requesting support from a son or daughter (who does not have a regular income) is permitted subject to the ratio of the burden to the minimum wage. In the process of assigning payments to parents, the presence of children in the support of their family is taken into account. If a son supports a wife and child, then alimony is awarded only if the salary is sufficient to cover the expenses of his family.
The establishment of monetary support occurs either voluntarily or in court. In the first case, a form of agreement on their payment is used (it must be certified by a notary). In the second, it occurs during the execution of a court decision.
The procedure for forced collection of alimony from children for the maintenance of parents
If a voluntary agreement fails, then the law (Russian IC) allows judicial collection of alimony. To do this, an application is submitted to the court for the recovery of alimony from the parents, which is drawn up according to the rules of procedural legal norms. The procedure for drawing up a document is similar to an application for a court order to collect alimony.
Documents are submitted to the magistrate (if the amount of the dispute is less than fifty thousand rubles) or the district judge (if the amount of claims is from fifty-one thousand) at the place of registration of the defendant.
The law (Russian Code of Civil Procedure) does not establish a special form for such a claim, but stipulates what information is indicated in it:
- Name and address of the court.
- Personal data of the parties to the dispute (their full names, residence addresses, passport information).
- An indication of the circumstances that gave the plaintiff the right to go to court.
- Evidence of information that became the basis for legal protection.
- The amount of alimony due to the applicant.
- List of documentary attachments to the claim.
The following documents are attached to the application:
- Copies of the claim and attachments (their number is equal to the parties to the dispute).
- Evidence of family ties between the plaintiff and the defendant.
- Documents confirming the conditions for the appointment of alimony assistance.
- Receipt for payment of state duty.
- Documented calculation of the amount of alimony payments.
After accepting the statement of claim for consideration (with evidence for assigning maintenance), the court makes a decision to award alimony to the parents. They are collected according to the rules provided for the collection of financial assistance to children by imposing a penalty on the income or property of the payer.
When does the court refuse to grant child support to parents?
The law allows the collection of alimony from children for the maintenance of parents, but also establishes cases when they do not have the right to request financial assistance:
- Subject to the plaintiffs' evasion of their duties or in the event of deprivation of their parental rights.
- If the applicants committed a deliberate crime against the maintenance payer or behaved unworthily with their relatives.
The Supreme Court of the Russian Federation in its resolution (No. 9 of October 1996) determined that the basis for exemption from alimony encumbrance is any crime against benefits belonging to the defendant.
And unworthy behavior means alcoholism, bullying, and other actions of the applicant that indicate neglect of family relationships.
Collection of alimony for parents - judicial practice
The Sovetsky District Court, having considered the appeal of Borisenko V.V. found that:
- The magistrate ordered financial assistance from the defendant for his mother in the amount of 800 rubles, which is the collection of alimony in a fixed amount. Alimony was established based on information about the plaintiff’s income and data on the absence of V.V. Borisenko. places of work and permanent income, therefore they are correctly calculated taking into account the minimum wage in the Volgograd region.
- The defendant's arguments about the incorrect determination by the magistrate of the amount of income of Borisenko M.V. and her expenses for maintaining the house, expensive medicines and food are not sustainable.
From the documents of the Pension Fund it is known that the amount of pensions and additional payments indicated by M.V. Borisenko is equal to the amount of her actual income, and the prices for medications prescribed by doctors confirm the need to incur additional expenses.
- The defendant's indication of the lack of the right to re-file a claim due to the refusal of claims on the application is not correct. Borisenko M.V. went to court for the second time after the expiration of the legal period, and this is a new circumstance of the case, restoring her right to judicial protection.
- The arguments that a grandson lives with the plaintiff and is obliged to help his grandmother are not grounded, since grandchildren pay alimony to their grandparents only if it is impossible to collect it from the children.
Based on the study of all the materials in the case, the appellate court upheld the appealed decision of the magistrate to collect from the applicant in favor of his mother Borisenko M.V. maintenance in the amount of 800 rubles.
If you don’t know how to get the necessary financial assistance from your children, then this is the solution to your problem.
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When reaching retirement age, many older people lack funds. This is quite justified: pensions are barely enough for the basic necessities, and medicines and food are becoming more expensive due to numerous crises.
In cases where a pensioner is disabled and cannot provide for himself independently, he can resort to the help of his adult children. When family relationships are good, it is not necessary to register such support.
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If the children do not want to help the disabled parent, the pensioner can go to court and write a statement to collect alimony for the maintenance of the parents. Following, the judicial authorities will forcibly oblige the child to pay an amount of several subsistence minimums.
Terms and conditions of payments
Child support is due if the parent is a pensioner ( from 55 years old– women and from 60 years old– men) or disabled people of groups 1 and 2.
Payment of alimony is provided if there is not enough money for:
- purchase of medicines;
- payment of utilities;
- medicines.
For the court to impose a claim against a child, the circumstances must meet the following conditions:
- the child must be an adult;
- have with you a document that confirms your relationship (child’s birth certificate);
- the child's ability to work;
- the presence of conditions under which the parent needs financial support.
Alimony can be collected both voluntarily and compulsorily.
When collecting alimony voluntarily, a written or oral agreement is concluded between the parents and the child. This procedure occurs provided that the recipient of alimony and the payer are on good terms and the parent trusts him.
In this case, the debtor himself buys the necessary things, medicines and food, or pays funds to his parents.
If the payer evades fulfillment of obligations, the parent can draw up a written agreement and have it notarized. In cases where the child continues to violate obligations or does not want to sign the agreement, the claimant has the right to sue.
Judicial authorities can forcibly recover the due money from the child.
The amount of payments can be static (several subsistence levels) or variable. If the court decides to award alimony to the parents, a static amount is assigned. The money is paid based on the recipient's need every month.
Payments are calculated depending on the following factors:
- financial situation of the payer and recipient;
- the presence of diseases in the parent that require expensive medications;
- the number of children the recipient has from whom alimony is being collected (the payment amount is divided evenly among all);
- other important circumstances.
Child support is not issued to all parents, but only to disabled people and pensioners who need these payments
Filing an application for the collection of alimony for the maintenance of parents
To conduct a trial, you need to prepare evidence of your case and documents. The parent takes with him documents that confirm his disability and retirement age, as well as information about income, which indicates the amount of the pension paid, rent, prescriptions and receipts for medicines).
A parent who wants to collect child support draws up a claim and sends it in the form of a registered letter or to the magistrate at the place of registration. The document is drawn up in three copies, two of which are sent to the court, and one remains with the recipient of alimony. This document is not subject to state duty.
When writing an application you will need to indicate:
- Full name of the magistrate's court department.
- Full name, registration addresses and actual residence of both parties.
- Reasonable requirements (disability, retirement age, 1st and 2nd degree disability).
- List of documents attached to the claim:
- a duplicate of this statement;
- birth certificate of the alimony payer;
- a copy of his work record;
- a document certifying the recipient's retirement age or disability;
- certificates of physical health.
- Number of copies of the application (3 copies).
So, in order to file an application for the collection of alimony for the maintenance of parents, you need to prove that the parent really needs cash payments. The child, in turn, can prove that he is unable to pay child support for significant reasons. After five days from filing the application, the judge must either refuse to accept it or issue a ruling on its consideration.
The judge may refuse in the following cases:
- failure to comply with the rules when registering or writing a claim;
- lack of signature of the recipient or his authorized representative;
- filing a claim by an incapacitated person;
- filing an application with a judge who does not deal with such issues;
- filing a claim on an already resolved issue;
- lack or complete absence of documents that should confirm and substantiate the plaintiff’s claims.
If the refusal occurs, you can appeal it in the district court within 10 days after receiving a response.
Nuances of liberation
A child may refuse to pay child support if he has good reasons for doing so.
You may not have to pay child support if the disabled parent:
- did not fully fulfill parental responsibilities to the child and after the divorce did not raise and support him, did not help him get an education and did not communicate with him;
- the parent himself did not pay or paid child support irregularly until the child came of age;
- had restriction or deprivation of parental rights.
As evidence, you can cite the testimony of witnesses: neighbors, friends and relatives, as well as the child’s long-term residence in another place.
Also, the entire amount of alimony can be paid not by one child, but by several (if they exist and if a claim is filed against them). A parent can either divide the amount among several children or exempt a child with a low salary or several dependent children from payments.
If a child does not agree with the parent and does not want to pay child support, he will need the following documents:
- resolution on forced collection of alimony from a parent;
- judicial deprivation or restriction of parental rights, even restored after some time;
- certificate of non-participation of the parent in the costs of treatment;
- certificate of inability to pay alimony (document on the amount of salary, certificate of disability, certificate of maintenance of dependents).
So, the legislation provides for a fair procedure - parents are entitled to payment of alimony only if there are circumstances for this and if the payer is of age and able to work. Also, children who are unable to pay amounts of money are exempt from responsibilities.