The payment of alimony is one of the most pressing issues today. Moreover, if earlier the recovery of alimony almost always sounded in conjunction with children, in most cases minors, now the payment of alimony to parents and adult children has become a common practice.
Right to alimony
We will advise you on all issues related to:
- payment of alimony by parents to children;
- the procedure for collecting alimony, their amount;
- participation of parents in additional expenses for children;
- disputes about the recovery of alimony for full-age and minor children.
Parents of a child, father and mother, are obliged to support children regardless of their age, financial condition and legal capacity, while the obligations of parents to support children are equal. Even in the event of deprivation of parental rights, you are obliged to support the child. Therefore, parents are required to:
- underage children;
- disabled children of full age;
- adult children who continue their education.
Disputes arise not only in cases where, after a divorce, one of the parents does not pay alimony for a minor child, but also in cases where it is necessary to support full-age children. The obligation of parents to support disabled children of full age arises in such cases:
- disability of children;
- need (need for material assistance);
- parents' ability to provide financial assistance.
And even a full-time able-bodied child has the right to alimony from parents, if such a child continues education, cannot independently provide himself with the means necessary for life, and he has not yet turned 23 years old.
We also note that today there is an obligation for parents to take part in additional expenses for the maintenance of children. Such an obligation arises in the event of exceptional circumstances and may be caused by illness, disability or the need to develop the child's abilities. Compensation for additional costs can be one-time, periodic or paid in advance. It is important to say that the termination of a child's right to alimony does not terminate his right to additional expenses. For example, the conclusion by one of the parents of an agreement on the termination of alimony in connection with the transfer of ownership of real estate.
Amount of alimony
We will advise you on all issues of collecting alimony and their amount.
Parents can fulfill their obligation to pay child support in two ways:
- voluntarily (in fact, spending part of the family budget on children, or under a maintenance agreement, which is drawn up by a notary);
- forcibly (on the basis of a court decision);
- accounting department (at the request of the alimony payer).
As a rule, one of the parents does not fulfill his obligation to support the children, in which case we will help you to recover money (alimony) for the maintenance of the child in court.
The procedure for collecting alimony
Before filing a claim for the recovery of alimony, you must be aware of their amount.
The amount of alimony can be determined:
- in part from the income of parents (mother or father), and or
- in hard cash.
Since the current legislation does not define a fixed part of income, in each case such a part is determined by the court. The criterion in this case is all the circumstances that are essential. For example, the material condition of the mother or father, as well as the child himself, the state of health and others. At the same time, the legislation establishes the minimum amount of alimony for one child, which cannot be less than 30% of the subsistence minimum for a child of the corresponding age.
The only exceptions are cases where the amount of alimony is set in a fixed amount of money. The amount of alimony is set in a fixed amount by the court, for example, when a potential child support payer has an irregular income or receives part of the income in kind. In any case, alimony is awarded from the date of filing the claim.
Despite the fact that the legislation defines the circumstances that are taken into account by the court when determining the amount of alimony, cases of collecting alimony for children very often grow from simple to quite complex. Already at the stage of preparing the case for consideration in court and determining the amount of alimony, the court must provide a whole package of documents.
We will help you collect the necessary documents and determine the adequate amount of alimony, which is worth claiming in court.
If you are a defendant in a child support case, we will help you collect evidence confirming the high level of material support for the child, the defendant's illness, the existence of other persons whom the defendant is obliged to support.
Quite complicated are the cases of recovery of alimony for a full-year-old child who continues his education. By acting on the side of the plaintiff, we will help to refute the defendant's arguments that the son or daughter should take care of the educational opportunities themselves, working in the afternoon or on weekends.
By acting on the defendant's side, our lawyer will help to collect evidence of unfair training, immoral behavior, such as drug use or alcohol abuse.
