Alimony for a disabled child after 18 years of age: features, requirements and recommendations

Are alimony payments for a disabled child after 18 years old? This question interests mainly parents with special children. In particular, the one with whom the child lives. Then everything will be told about this topic. Is it possible to require additional material support? When is an invalid entitled to funding? What does court practice demonstrate? The answers to all these questions will be found below. What exactly must be remembered for adults with disabilities and their parents?

Legislation

It is not so easy to understand this as it seems. The thing is that alimony for a disabled child after 18 years is not laid. That is, the Family Code indicates that after the attainment of majority parents discard themselves financially for their children. The burden of provision rests on the shoulders of legal representatives only up to the age of 18 years of the child.

But there are exceptions to the rules. The thing is that after the age of majority the children acquire full legal capacity. They must fully support themselves and are able to do so. Children under the age of 18 are recognized as legally capable:

• At the time of marriage;
• If there was an emancipation.

In these cases, alimony will not be paid. As soon as the child acquires legal capacity, his financial support from the parents stops.

The age of majority is near

Despite all of the above, alimony for a disabled child after 18 years of age takes place. In the legislation of the Russian Federation there are a number of situations in which even an adult person should be supported financially by their parents.

When is this possible? In case the child is needy and incapacitated. What are the conditions to be met in order to apply for child support after 18 years of age? This will be discussed below.

Operating Conditions

It should pay attention to the fact that child support obligations to adult children are not a continuation of payment of alimony for a minor. In order to force parents to such support, you need to apply again to the court.

Alimony after 18 years old to whom, when and how much to pay? In order for this obligation to be imposed on the parents, several conditions must be met. Namely:

• The need for a child;
• Coming of age;
• Incapacitated position of the child.

The last item will have to be given special attention. After all, disability is both permanent and temporary. In the first case, it is advisable to demand alimony, in the second case, no.

Also it is necessary to take into account that all the above conditions must be observed together without fail. Otherwise, an adult child loses the right to financial support of parents legally.

Parents Caring

Alimony to children after 18 years of age is sometimes prescribed. For this, as already said, the child must be disabled and be disabled and needy. Only under these conditions can you hope for alimony.

The next feature is that a parent who cares for an adult disabled child can count on financial support. But only under certain circumstances.

Namely:

• The need for a parent;
• Care for the disabled group 1 from childhood;
• The citizen has an official opinion of the medical commission.

In fact, it is not always possible to claim alimony for a caring for an invalid. In the same way as in the case of children - material support is relied upon in exceptional, documented cases.

Methods of obtaining

What alimony for a disabled child after 18 years of age is in Russia? Among them allocate payments for the children themselves and material support for the parent caring for the disabled.

How can you claim money? To date, there are:

• Conclusion of a voluntary agreement on alimony;
• Judicial decision.

In the first case, citizens agree on payments amicably. Parties conclude a contract with a notary to pay money to an adult disabled person and support the parent caring for him. In this situation, the agreement can appear only as parents, and the parent-payer and the adult child.

In the second case, we will have to prove the necessity of receiving material support in court. It is this type of development that takes place in practice most often. Payments are appointed by the court.

Penalties for adult children

As already mentioned, alimony for a disabled child after 18 years of age is most often ordered in court. Moreover, this decision is not a continuation of alimony on minors. What does it mean?

The plaintiff will have to file a separate claim after the child's majority for financial support. The same goes for the conclusion of an agreement on alimony. It will have to be renewed at the notary after the 18th birthday of the child.

About prescription

Despite the fact that at the legislative level it is possible to settle the issue peacefully, it is not always possible to do this. Usually one of the parents shies away from the financial support of an adult disabled child. Therefore, in practice, citizens communicate in court. And alimony is paid only after the commencement of judicial proceedings.

Need to assign alimony to children after 18 years of age? The recovery of alimony for disabled adults is possible at any time. Limitation of actions is limited only to the disability of the child.

What does it mean? A disabled person or a person caring for him may claim alimony at any time after coming of age. While children are disabled and in need of funding, they have the right to support from their parents.

Who submits the claim

Who should apply to the court for a claim in order to receive alimony after 18 years (per child)? To date, applicants can be:

• child protection;
• Guardians;
• A parent caring for a child;
• Himself a disabled person.

As a rule, the guardianship bodies file an action for the assignment of alimony to adult children when both parents shirk their responsibility.

Content of the claim

And what exactly should be written in the statement of claim? In fact, everything is much easier than it seems.

To file a claim, you need to write in it:

• Data on the body to which the applicant applies;
• Information about the plaintiff;
• Place of residence of a citizen;
• Description of the life situation with the justification of alimony (the most important nuance);
• Conclusion;
• A list of documents confirming the validity of the application to the court.

Without a medical opinion on disability, you can not hope for success. The applicant will not only have to prove the incapacity of the adult, but also submit checks and receipts indicating expenses. Only in this way will it be possible to prove that the child needs.

Documents for the claim

Alimony for a disabled child after 18 years of age, as it was said, is most often appointed in court. What documents are useful in filing a lawsuit?

Among them are:

• Passport of the applicant;
• ID card of the disabled person;
• Medical opinion on disability;
• Certificate of family composition;
• Claim of the claim type;
• Documents indicating the income of the family;
• Any paper capable of confirming costs;
• birth certificate;
• Other certificates and extracts indicating the relationship with the defendant.

In reality, everything is not as difficult as it seems. The only difficulty is proof of need. This criterion is not fixed on the legislative level. Therefore, each case is considered separately. Somewhere a disabled person after majority can receive alimony, and in some cases they can not be hoped for.

About the court

Assigned child support for a disabled child? The decrease / increase in material support in this case occurs in the same way as when financing a minor. As practice shows, usually alimony obligations try to reduce by all means.

How does the court hear the appointment of the examinations? The court assesses the various factors affecting the final decision. Namely:

• Health of parents;
• All incomes of the parties;
• Costs for the disabled.

At the same time, the presence or absence of marriage does not affect the judgment in any way. The Court is concerned only with the fact of non-fulfillment of parental obligations, assessing the contribution of each legal representative in financing and caring for the disabled.

About the amounts of payments

Assigned child support for a disabled child after 18 years of age? The amount of payments will vary depending on the situation. A distinctive feature of such support is that funding is assigned in fixed amounts.

If citizens make a voluntary agreement on alimony, they themselves are engaged in resolving the issue of the amount of material support. The contract clearly specifies when and in what quantities the second parent allocates alimony for an adult.

When it comes to a court decision, alimony, as already mentioned, is appointed in a solid monetary form. In this case, the exact size depends on the previously mentioned factors. Therefore, it is problematic to call exact amounts.

End of support

Alimony for adult children (18 years and over) is paid only under the conditions specified above. When can this obligation be eliminated?

It is removed in the following cases:

• Death of the recipient of alimony (invalid);
• The demise of the payer;
• Discontinuation of disability (rehabilitation of work capacity);
• End of the period of need.

As already mentioned, the last point requires special attention. Sometimes it can be difficult to prove that a disabled person really needs it. After all, in some cases a citizen can learn, work and adequately provide for himself. Then you should not rely on alimony.

Adult students

Another rather interesting fact in the Russian legislation is that alimony is not imposed on adult students. According to the law, in 18 years, the burden of ensuring the life of children should be borne by themselves. But in fact this is not always possible. For example, if a student is in full time and can not normally work and work. Lawyers to this day offer to assign alimony to adult children studying in universities. For example, up to 24 years. But so far, such amendments have not entered into force.

Nevertheless, alimony is paid in varying amounts. If an adult entered the university, you can demand material support (if you need and real incapacity for work) through the court or by agreement. The procedure for collecting funds will be exactly the same as for an ordinary adult disabled person.

By the way, the right to alimony is lost if a child gets a job and is employed. This fact must be taken into account when studying the question posed.

conclusions

Now it is clear what alimony for a disabled child after 18 years is laid by the population. As you can see, the main problem is the proof of the need for an adult. But with the right preparation, you can easily get funding from your parents.

In Russia, any disabled family member can claim alimony. For example, such payments are made not only to under-age children, but also to needy disabled parents. Persons with disabilities (both children and parents), if they really need additional means to ensure their lives, can demand them in court. Alimony after 18 years on a child can get in reality!