Any child has the right to receive alimony from one of its parents, and in some cases, both, from the very appearance of the world. If one of the spouses requested material assistance for an imperfect child through the court, or by mutual agreement, then the support of the child continues up to its majority. Almost every person knows that eighteen years - the time of termination of the payment of alimony. But this law, like everyone else, has its underwater stones and exceptions. In detail about the nuances of the payment of alimony, children will be stipulated in this article with all references to the associated laws.
Payment of alimony after receiving the child of majority
The main law is enshrined in the second paragraph 120th Article of the Family Code of the Russian Federation, it also has amendments that it says that the continuation of paying material support continues:
- in case of incapacity of the child;
- disability child;
- the need.
The first point is extremely clear: if the child is incapable, then parents are obliged to contain such a citizen throughout his life.
In the second case, material support is appointed to persons with the first and second category of disability. If the child has a third category, then considering this option requires a separate proceeding. The court will take into account the state of the child, as well as the material situation of the parent from which the alimony is charged.
The needy occurs in the case of low wages of a person. If the child has reached eighteen years old, then his salary is lower than the subsistence minimum, then from one of the parents he has the right to request material support or both at once.
Also, if one of the spouses remains a trustee or a guardian of an incapacitated or disabled citizen, he can receive alimony from the second spouse as care for care.
All of these three items are lifelong reasons for making alimony. It turns out that in such cases the payment period will never expire, besides the last item, when the child is enough to change the place of work and raise the level of its wages. In the remaining items, payments are stopped:
- in case of death of one of the parties - the recipient or payer;
- recognition of the working capacity of the recipient of alimony;
- changing the material position of the recipient. For example, if a pension or special benefits are assigned to him, then the payment of alimony can be discontinued after revising the court.
Thus, the payments of alimony are terminated in the case when an adult child ceases to need them.
Payment of alimony student
A special case that still causes active disputes in court. The fact is that the legislation of the Russian Federation does not provide for the alimony of an adult child, which is studying in the highest or secondary educational institution. But the Family Code of the Russian Federation states that parents are obliged to patronize a disabled child, including to pay alimony. Many courts refer to this, since a full-time student can hardly contain himself. Thus, it becomes disabled.
If this is your case, then the payment of material support is appointed before the execution of twenty-three years of the child. This age is taken from the calculation of five years of study at the university from the date of receipt of the age of majority.
Scholarship from the school does not take into account the court, as it is below the subsistence minimum.
One parent, who lives with a child under one roof, can be submitted to the recovery of such a type of alimony.
Termination of payments of alimony to the adulthood of the child
Here are just two reasons why material support from the parent may be ceased:
- the death of one of the parties;
- recognition of the legal capacity of a minor.
The first item does not need a detailed explanation: if the payer either dies or the recipient, then the need for alimony disappears by itself.
The second point is more difficult. To recognize a capable minor can only court with the consent of the child himself and both of his parents. This is done in the event that a citizen has a high stable earnings or entrepreneurial activities that have not reached the eighteen years.
In addition to the above information, it is worth not to forget that the payment of alimony is possible not only in favor of children, but also the needy spouse, parents, grandparents, as well as pregnant women or women who care for the child up to three years.
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