Alimony - it all depends on the situation of former spouses. Who can claim child support from anyone?
Family, children - almost everyone dreams of having a loved one around them. But not always family happiness lasts a long time. Sometimes life together does not add up, people part. If there were no children in the family, the divorce goes relatively smoothly, and if there was a progeny, then things get more complicated.
Experts talk about the immediate result of the gap - child support. There are many opinions around alimony in Russia - that parents try by all means to evade this duty, hire a good lawyer just to not pay, but on the other hand, some moms do everything possible to get the last penny out of their ex-husband or partner. And it even happens that adult children sue their own parents so that they pay them alimony, and vice versa, older parents demand alimony payments from adult children. What does the situation really look like?
Who can claim child support from anyone? This is a question for lawyers.
A wife or husband is on the first line of fire. In second place are children, later parents, and at the end brothers and sisters. The minor child is always obliged to keep the parents, worse if the parents are not able to do it. For example, they are unemployed, seriously ill, then it is the duty of the grandparents.
Often heard about the trials, during which the former wife and husband quarrel for alimony. But it is not necessary to go to court to get money for a child or children. It is enough that the parents agree among themselves who pays whom.
Comments of lawyer Julia Makarenko: We go to court when there is a conflict. But every contract between people goes on trial. Maybe I shouldn’t tell people about this, because it’s my job, I’m a lawyer, I make money on such conflicts. However, I wish people to negotiate among themselves, rather than go to court. Another thing is when people are officially divorced, and not just separated. In a court order there should be a decision about who deals with the child and how much money he receives from his ex-husband or wife. The court must deal with this.
How does the court know what amount of alimony to appoint in a particular case? As a rule, children remain with the mother, and the judges are also women, who are well aware of how much it costs to raise a child.
Lawyer’s comments: There may be different needs — say, you need more money in the case of a seriously ill child. Judges, mostly women, know from their own experience how much a garden, school, foreign languages and so on cost. Another thing is that a child has the right to live at the level at which he lived before. Therefore, a very rich father will not be able to & quot; beg for & quot; low level of alimony. The amount of alimony depends on the ability of the parent to pay them. For example, a translator, knows 7 foreign languages, but he himself says that he has no work, no one addresses him. However, the court takes into account its potential earning potential.
In fact, there is no upper limit on the age up to which it is necessary to pay child support. Thus, even after the 18th year of life, when a young man learns, you must pay. As long as the person can support himself. But there is an article in which it is said that the one who pays the alimony has the opportunity to refuse this duty if the adult child does not try to find a job and support himself.
After the separation of the parents there are a lot of controversial moments. For example, a father pays child support for a child, but every summer spends several weeks with his son or daughter on holidays. Can he stop paying for this time? Unfortunately, there is no such possibility.
Lawyer's comments: You can’t not pay child support for the holidays. There is no such principle. But people can agree on this among themselves, you can also go to court and try to achieve such a rule. In practice, when the court appointed alimony, it is necessary to pay them all year.
It happens less often that parents who are not able to live for their retirement require child support from adult children. And recently, an adult man sued his parents for a bad childhood. He works, got a higher education, but decided that his parents are bad, did not give him love and warmth in his childhood, and therefore must pay him compensation. And it requires 50 thousand dollars from parents. Advertisement site HHProduction.org .