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

Are alimony payments for a disabled child after 18 years of age?years? This question is mainly of interest to 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 finance? 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

To understand this is not so easy 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 provide for themselves and are able to do this. Children under 18 are recognized as 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

In spite of all of the above, alimony fora disabled child after 18 years of age. 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 conditions need to be met in order to apply for child support after 18 years of age? This will be discussed below.

Operating Conditions

It should be noted that the alimentaryobligations 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 consider that all listedconditions must necessarily be observed together. 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, require maintenance on the carerfor an invalid does not always succeed. 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 due 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 thepayments amicably. Parties conclude a contract with the 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 fora disabled child after 18 years of age is appointed most often in a judicial procedure. Moreover, this decision is not a continuation of alimony on minors. What does it mean?

The plaintiff will have to file a separate claim afterof the child's age 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 levelit is possible to settle the issue under investigation 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.

Do I need to give 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 for alimony to be assigned after 18 years (per child)? To date, applicants can be:

• child protection;
• guardians;
• the parent caring for the child;
• he himself is disabled.

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;
• a 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 cannot to 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 it will be possible to prove that the child needs.

Documents for the claim

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

Among them are:

• passport of the applicant;
• identity 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 the proof of need. This criterion is not fixed on the legislative level. Therefore, each case is treated 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 all ways.

How is the trial when assigning the studied payments? The court assesses a variety of factors affecting the final decision. Namely:

• parental health;
• all parties' incomes;
• disability costs.

However, the presence or absence of marriage does notaffects the judgment. The court is concerned only with the fact of non-fulfillment of parental obligations, assessing the contribution of each legal representative to the financing and care of the disabled.

About the amounts of payments

Alimony assigned to a disabled child after 18.years old? The size 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 agreementabout the alimony, they themselves are engaged in solving the issue of the level of material support. The contract clearly states when and in what quantities the second parent provides alimony for the adult.

When it comes to judgment, child support,as already mentioned, are appointed in solid cash. In this case, the exact size depends on the previously mentioned factors. Therefore, the exact amount is problematic.

Termination of support

Alimony for adult children (18 years and more) are paid only under the conditions specified above. When can this obligation be removed?

It is removed in the following cases:

• death of the alimony recipient (disabled person);
• the demise of the payer;
• termination of disability (rehabilitation);
• the end of the need period.

As already mentioned, the last item requiresspecial attention. Sometimes it is difficult to prove that a disabled person really needs. Indeed, in some cases, a citizen can learn, work and provide for himself with dignity. Then you should not hope for alimony.

Adult students

Another rather interesting fact in RussianLegislation is that alimony students are not entitled to alimony. By law, at the age of 18, children should bear the burden of providing for life. But in reality this is not always possible. For example, if a student studies full-time and cannot study and work normally. To this day, lawyers suggest that alimony be granted to adult children studying at universities. For example, up to 24 years. But so far such amendments have not entered into force.

However, child support is paid in eitherother sizes. If the adult entered the university, you can require material support (if necessary and real disability) through the courts or by agreement. The procedure for recovery of funds will be exactly the same as for a normal adult disabled person.

By the way, the right to alimony is lost if the child gets a profession and is employed. This fact must be considered when studying the question.

conclusions

Now I understand what alimony ondisabled child after 18 years of age put the population. As it was possible to notice, the main problem is the proof of the neediness of the adult. But with proper preparation, you can easily get funding from parents.

In Russia, any disabled family member canclaim alimony. For example, such payments are due not only to minor children, but also to needy disabled parents. Persons with disabilities (both children and parents), if they really need additional funds to ensure their lives, may require them in court. Alimony after 18 years old per child can be obtained in reality!