Aliment liabilities

Alimony is a concept that most of us associate with the divorce process. But I would like to clarify, alimony obligations are imposed and in other cases. In the Family Code of Russia other circumstances are specified, when alimony is imposed: first, this is the maintenance by parents of their minors, that is, incompetent children, and secondly, the provision of their parents by adults with active legal capacity due to their incapacity for work, thirdly, the provision of the necessary benefits to minors Children of other relatives (sisters, brothers, grandfathers, grandmothers), etc.

Alimony obligations for the maintenance of parents of underage children

The rules for the collection of alimony that are necessary for the maintenance of minors are prescribed in Article 80 of the Family Code. Parents, giving birth to a child, commit themselves to provide him with all material benefits (providing food, clothing, personal hygiene, etc.). The amount of alimony is calculated by the parents independently, that is, they are entitled to provide their child with only those that are short of cash. If, on the other hand, parents do not provide the child with all the necessary supplies, alimony is collected through a court decision.

Children who, due to certain circumstances, have been left without parental care, because of deprivation of the last parental rights, there is an accrual of alimony to the savings account of the institution where the child is. And 50 percent of the received amount goes to the maintenance of the minor, and the remaining funds remain on the bank account, which is opened in the name of the child (Article 81-83 of the Family Code).

Alimony obligations for the maintenance of adult children of disabled parents

Disabled parents (due to serious illness, disability or injury, etc.), deprived of their means of subsistence, are on a partial basis with their adult able-bodied children. Alimony is provided by children on their own, but in case of non-payment, parents have the right to write a statement of claim to the court. There are some factors, considering that, the court has no right to impose alimony obligations on able-bodied children. First, if it is proved that the parents did not fulfill their obligations to provide children with full age with everything necessary. Secondly, if the parents were deprived of their parental rights.

Calculation of alimony occurs after the court has reviewed the statement of claim received from the guardianship authorities, from disabled parents or incompetent children. In most cases, the court decides that parents are obliged to pay alimony to their children in the amount of:

• One child - 25% of wages and other received money;
• Two children - one third of the total earnings, that is, about 33, 3%;
• Three children and more - one second of the income of the parents (or parent), in other words 50%.

The court has the right to change the amount of alimony in the event that one of the parties receives a statement of claim or completely withdraws this obligation. The court has the right to cancel alimony obligations, if the competent person committed criminal acts in relation to the person with whom money was collected.

The collection of alimony ends when:

• The child reaches the age of majority and becomes fully capable;
• In the case of a child who has been assessed alimony, adopted;
• In the event that the person paying alimony, or the person receiving the money, died suddenly;
• A person found incompetent, entered into a new marriage;
• If the person by the court decision was returned full working capacity.