Alimony after 18 for a student child in Russia in 2022

2024 Author: James Gerald | [email protected]. Last modified: 2023-12-17 14:00

The meaning of the term "alimony" is known to every citizen, since the law of the welfare state stipulates the obligation to support a child, even if he is not married or having dissolved it. This type of assistance is provided in the reverse order - children who have reached the active age may be legally compelled to provide assistance to elderly parents. Alimony after 18 years of age for a student child in Russia in 2022 is planned to be made not voluntary, but compulsory.

The situation

Relatively recently, even child support payments before reaching the age of majority constituted a global social problem, so the government had to tighten the penalties (criminal and administrative) for parental evasion. The law provides for important points in the regulation of family relations:

• the obligation of both parents to participate in the upbringing of the child, even if they were not married or divorced;
• the possibility of early termination of payments when the child acquires legal capacity;
• the need to extend them if the child does not have the opportunity to earn money while studying at the full-time department of a secondary or higher educational institution.

The Family Code of Russia was enshrined in Art. 85 the obligation of parents in some cases to support their children even after they reach the age of majority. To obtain the right to alimony after 18 years in Russia in 2022, a student child must meet two conditions: need money for basic life support needs and not be able to earn them on their own.

Termination of alimony obligations

The early termination of alimony obligations is clearly defined in the current legislation. A child can get married, work under an employment contract or engage in business before reaching the age of 18. At the same time, he earns on his own, therefore, ceases to be classified as incapacitated. The same happens if a young person, before reaching the age of 18, considered it possible to create a new unit of society.

Life situations provided for by law allow a parent not to transfer funds for the upbringing of a son or daughter, and in other cases:

• if the child is adopted or adopted in a new marriage;
• was disabled, but as a result of treatment and rehabilitation was officially recognized as able-bodied by the court;
• the need for funds, established earlier, has ceased;
• one of the participants in the alimony obligations died.

As with the termination of payments, there are other situations where the parent is legally required to pay child support even after the child has reached the age of majority. This happens in the event of a child's disability or need. Another option is being considered - if the child is 18 years old, but he is still in school.

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Draft decree

Now the issue of alimony for a student child in Russia after 18 years of age is being considered, and in 2022 this situation was recognized as fair, although the bill was prepared back in 2015. Then he was recognized in need of revision, and in 2016, some deputies argued that it is possible to work and study in the full-time department, that from the moment of the 18th birthday the child becomes capable and can himself be a payer of alimony in relation to his parents. A significant role in the slowdown of the new bill was played by some public organizations, which demanded that alimony be canceled altogether so that women would take a more responsible attitude to the birth of children.

The Supreme Court has repeatedly issued rulings and decisions in which it was stated that the legislation did not provide for the possibility of enforced recovery of alimony, except in the cases provided for by separate provisions. These include providing for the disabled and those in need, or collecting alimony arrears for previous years. The adoption of the draft decree would help to attract parents to help children who are receiving full-time education.

Lawyers emphasize that the project provided for the possibility of concluding a voluntary agreement between parents on material assistance for the period of study and collecting alimony from a parent who does not live with his family, but the project did not pass the discerning legislators. Whether there will be any changes in 2022 is still unknown.

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How to get help

Legal sources say about the only way to get money from the second parent for the period of study, but this is not alimony after 18 years old for a student in Russia in 2022. You can conclude a voluntary agreement and notarize it. After filling in and certification, the document becomes binding.

It may indicate:

• lump sum or in-kind support;
• regular monthly payments;
• termination conditions (marriage or graduation);
• the possibility of changing the amount, which is determined as a percentage of the salary received by the second party to the agreement;
• other conditions deemed necessary by one or both parties to the agreement.

The money for the maintenance of a disabled adult child can be withheld in court, but only if it is possible to prove the fact of need.

There are parents who do not give up their responsibilities, you can reach an agreement with them. But there are also those who refused to pay what was due by law, tried in every possible way to avoid the inevitable. With such people, even legal proceedings are often useless.

Outcomes

1. The bill, which has been talked about for several years, has not yet been adopted.
2. You can get help for training by reaching an agreement.
3. An agreement certified by a notary is binding throughout the country. In it, you can stipulate the terms and all conditions.
4. It is not excluded that the revised order on the recovery of alimony will still be adopted.