Aliment obligations of other family members. Who should pay alimony to whom?

Today we have to get to knowconcept, as alimony. Around this term a lot of disputes arise each year. All of them affect certain families. Usually, parents give money to their children for maintenance. What are the other child support obligations of the family? Who, whom and when should allocate funds to maintain an adequate standard of living? Under what conditions? What is the order of assignment and payment of alimony? Understand all these features will not be difficult, if you carefully study the laws of our country.

Description

What is it about? What is called alimony in Russia? Who is facing these payments and under what circumstances?

Alimony - funds allocated forthe content of needy family members. Usually, the corresponding payments are of a regular nature (monthly). Appointed mainly in relation to the provision of minor children.

General characteristic of maintenance obligationsother members of the family is no different from the proposed definition. In the family, relatives under certain circumstances must financially support each other. But what about this need to remember?

The order of appointment and payment

Alimony, according to the FC RF, can be paid and appointed in different ways. To date, there are various reasons for remittances between family members:

• payment of a judgment;
• voluntary transfer of funds by agreement;
• payment of alimony under an alimony agreement (executed by a notary).

It is recommended to solve alimentary disputes amicably. But in practice, this does not always work. Therefore, you have to go to court.

Principal Payers

Who should pay alimony to whom? Family law indicates that family members are obliged under certain circumstances to support their loved ones financially.

Most often, alimony is paid:

• parents / guardians / adoptive parents for their children;
• children by parents;
• spouses (including former ones) to each other.

Aliment obligations of other family members also take place. But they will be told about them later. To begin with, let's talk about more common life situations.

"Children's"

Cash for children is paid, as a rule, until they reach the descendants of adulthood. They can be appointed both in marriage and without it.

According to the FC of the RF, alimony is a way to provide childrennecessary finances. The legislation of the country emphasizes that parents are obliged to support and educate their children before their 18th birthday (under emancipation - up to 16).

Also, payments can be made by parents atadult, but disabled children. For example, disabled people. Duration of payments is limited only by the child's disability - until he gets the status of the able-bodied, parents are obliged to allocate funds for it.

Alimony for children from different marriages is collected without much difficulty. This practice has long been known. The main thing is to recognize fatherhood as a payer of alimony (from time to time - motherhood).

The law establishes the following amount of payments for children:

• 25% of the earnings of a citizen - for one;
• 33% - for two;
• 50% - for three or more children.

Also, payments can be assigned in a fixed amount. This issue of the spouse (including the former) is decided either independently or through the courts.

Spouses

Minimum alimony allocated for the support of the spouse (and the former including) is not established. Specific payments depend on the degree of need of citizens.

Most often, a wife can claim alimony. She has this right under the following circumstances:

• pregnancy;
• the presence of a child under three years of age;
• incapacity for work;
• extreme need in the first year after the divorce;
• care for minor disabled children (groups 1 and 2);
• maintenance of care for adult disabled children of the 1st group;
• retirement (no more than 5 years after the divorce).

The husband also has the right to support from his wifeunder the circumstances listed (except for pregnancy). The recovery of alimony for the maintenance of the mother of the child is usually carried out in a judicial procedure.

In all these situations, it is important to remember,that the spouse will be appointed to pay alimony only if he has enough money. Otherwise, it is almost impossible to achieve material support. But if you try, alimony will be assigned. For example, if the spouse hides his income.

Parents

Alimony for children from different marriages, as we have already donefound, mainly awards the court. The laws of Russia indicate that children who have reached adulthood are obliged to finance their parents in need and who are not capable of independent work. Usually in families this issue does not cause problems - the child voluntarily helps his parents. But there are exceptions.

Parents can receive alimony from their children in the following cases:

• disability;
• retirement;
• disability that hinders work;
• acute need.

This means that a working retirement parent orjust a parent who decided to add problems to his child in life will not be able to get alimony. Especially due to the fact that in Russia there is no clear definition of the need.

The right to alimony from parents is lost if:

• they did not fulfill their obligations towards children;
• the parent was stripped of his rights;
• the citizen abused his position;
• the parent did not pay alimony.

The size of payments is set taking into account the subsistence level in the region, as well as by assessing the need of the family.

From all of the above it follows that if a parent paid alimony and kept his child (even with scanty payments), he will be able to demand financing from children in the future.

Other payers

Alimony obligations of other members of the family onpractice is extremely rare. But they still have a place to be. In the family, as already mentioned, people should support each other. And financially including.

Who else can be an alimony payer? It:

• grandmothers;
• grandfathers;
• grandchildren and granddaughters;
• brothers;
• sisters.

In this case, grandparents should list their alimony for grandchildren, if:

• children (parents of the grandson) are in need and incapacitated;
• children have no way to collect money for their maintenance from their parents.

Grandsons pay grandparents under the following conditions:

• there is a need for the latter;
• grandparents are incapacitated and can not provide for themselves;
• the elderly have no way to collect alimony from their children and spouses.

Brothers and sisters will transfer funds for maintenance if:

• recipients (sisters or brothers) are incapacitated;
• There is no possibility to collect money from parents;
• potential payers of alimony are able-bodied;
• I can not get money from my husband / wife.

As already mentioned, alimentary obligationsother family members in practice are extremely rare. But if they take place, then usually the parties are engaged in the settlement of this issue in court.

Where to help solve the problem

Where to go for help with child support? Similar cases are considered in the world courts. Here, alimony payments are assigned, canceled and adjusted.

If, along with alimony, a section of expensive property is planned (over 50,000 rubles), a citizen must apply to the district court at the place of residence.

List of documents

You need to take certain documents with you. They depend on the specific situation. Most often need to submit to the court:

• statement of claim;
• passport of the applicant;
• documents that confirm that the defendant is your relative;
• information about the state of health and the composition of the family;
• documents indicating the income of the parties;
• proof of need / absence.

In fact, everything just sounds so hard. Usually, when it comes to alimony for children, parents and spouses, everything is solved quickly enough and simply. But the alimony obligations of other family members cause a lot of trouble in real life.