Termination of child support payments upon reaching 18 years of age

The child became legally competent before reaching 18 years of age

In some cases, a minor may be recognized as fully capable before reaching 18 years of age.
From the moment the child is recognized as fully capable, this obligation is removed from the parent paying child support (clause 2 of Article 120 of the RF IC) It is important for an accountant to have certain confirmation of the fact of the child’s emancipation (clause 1 of Art.

27 of the Civil Code of the Russian Federation) and accurately establish the date from which a minor becomes an adult.

A minor child has entered into marriage

The marriageable age is set at 18 years (clause 1 of article 13 of the RF IC). However, if there are good reasons, local government bodies at the place of residence have the right to allow (at their request) persons who have reached the age of 16 years to marry (Clause 2 of Article 13 of the RF IC).

From the moment of marriage, a child under 18 years of age becomes fully capable (Clause 2 of Article 21 of the Civil Code of the Russian Federation).

Withholding of alimony collected in court for a minor spouse ceases from the day he acquires full legal capacity, that is, from the date of marriage (see diagram 2 below).

Scheme 2 Alimony obligations before and after the wedding of a minor

In order for the accountant to stop withholding child support after the child’s wedding, the paying parent must provide:

— an application to terminate the deduction of alimony from wages, indicating the reason and reference to the rule of law;

— a copy of the child’s marriage certificate;

- a copy of the child’s birth certificate.

Sample application for termination of alimony withholding

If a young person who got married before the age of 18 manages to dissolve the marriage bond before he comes of age, his acquired legal capacity is retained in full. The divorce of a child is not grounds for the renewal of child support obligations. But declaring a marriage invalid may be the basis for the court to decide that the minor spouse has lost full legal capacity. In this case, the moment of loss of this status is determined by the court (clause 2 of Article 21 of the Civil Code of the Russian Federation).

The child works and earns income. He has been declared competent

A minor who has reached the age of 16 may be declared fully capable even without marriage:

- by decision of the guardianship and trusteeship service with the consent of both parents, adoptive parents or trustee, if he works under an employment contract or is engaged in entrepreneurial activity (clause 1 of Article 27 of the Civil Code of the Russian Federation);

- by a court decision, if the consent of both parents is absent, and the working child filed an application with the court (Clause 1 of Article 27 of the Civil Procedure Code of the Russian Federation and Article 287 of the Civil Procedure Code of the Russian Federation).

According to paragraph 19 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated October 25, 1996 No. 9 “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and the collection of alimony,” if a minor child for whom alimony is being collected by a court order or by a court decision, Before he reaches the age of 18, he acquires full legal capacity, the payment of funds for his maintenance from the salary and other income of the parent in accordance with paragraph 2 of Article 120 of the Family Code is terminated. At the same time, the collection of alimony for a minor child upon emancipation and marriage before reaching the age of 18 ceases automatically, that is, a court decision is not required.

Thus, recognition of a minor child as fully capable serves as sufficient grounds for the accountant to stop withholding alimony from the income of his parent (see Diagram 3 below).

Scheme 3 Maintenance obligations before and after the child is recognized as capable

The parent paying child support has the right to apply to his employer. A copy of the decision of the guardianship and trusteeship service or the court recognizing the child as legally competent must be attached to the application.

These documents will become the basis for stopping the deduction of alimony for a minor child from the employee’s income.

Please note: a certificate of the child’s earnings from his place of work is not required

The seasonal work of a minor child during the holidays and his receipt of a salary do not in themselves constitute grounds for stopping the withholding of alimony from the income of the parent who is obliged to pay it.

When a child turns 18, how does the payment of alimony stop: when in Russia

Family law imposes an obligation to participate in the financial support of children on parents, regardless of the registration of their family relationships. If the father and mother do not want to continue the existence of the marriage union and their joint heirs have not reached the age of majority, the divorce is formalized through the court.

In this case, the judge, simultaneously with making a decision on the termination of family relations, determines the further place of residence of the children (with father or mother), as well as the procedure and extent of the financial participation of the parent living separately in their upbringing.

As a general rule, Art. 81 of the RF IC, deductions for maintenance are assigned up to 18 years. This provision of Art. 120 of the Family Code, which provides that one of the grounds for stopping the payment of amounts on account of material support is the acquisition of full legal capacity by the person on whose account they were paid.

Alimony is assigned and canceled by the court or the FSSP

Changing the amount of child support when one of the children reaches 18 years of age

According to the general rule of Art. 81 of the RF IC, deductions for maintenance are assigned up to 18 years of age. This provision of Art. 120 of the Family Code, which provides that one of the grounds for stopping the payment of amounts on account of material support is the acquisition of full legal capacity by the person on whose account they were paid.

When determining the amount of the obligation to financially participate in raising a child, the court relies on the amounts established by Article 81 of the IC of Russia:

for one minor no more than a quarter of the average monthly earnings of the alimony payer;
for two - within a third of the salary of the parent who does not live with the child;
for three – half.

Accordingly, the amount of deductions depends on the number of children. When one of them reaches the age of majority and acquires full legal capacity, it is necessary to recalculate the amount collected.

The amount of alimony when one of the children reaches eighteen years of age is changed by a bailiff or by court decision

The assignment of amounts for maintenance is made by the court or by voluntary agreement of the former spouses, formalized by a notary.

The execution of court documents is carried out by the Federal Bailiff Service, which issues a writ of execution, which is an official document - the basis for the accounting department of the enterprise where the father or mother is employed, who are obliged to make deductions for the payment of mandatory amounts to the child’s account.

Important! The procedure for changing the amount of payments is also carried out by applying to the magistrate's court and then to the bailiff, who is in charge of the proceedings for collecting payments for material support.

In order for deductions to be reduced, the parent living separately must provide a document confirming that the child has reached the age of majority to the court.

Such a document in the considered option is a copy of the birth certificate or a copy of the child’s passport, on the basis of which a court decision is issued and then the bailiff issues a new writ of execution with a changed amount of deductions.

This sheet is sent to the accounting department of the enterprise at the official place of work and from that moment the deduction from wages is made in accordance with the new executive document.

When a child turns 18, child support payments stop

In accordance with the norms of codification of family law, the age of majority is recognized as the basis for termination of payment of maintenance obligations.

Important! As mentioned above, turning eighteen is the acquisition of full legal capacity by a citizen, which gives him the opportunity for official employment and self-support. It is this provision that substantiates the position of the legislator, who links the termination of alimony payments when the recipient reaches 18 years of age.

When do they stop making contributions for financial support according to the law?

If the child is 18 years old and the child support debt remains

It is the achievement of the age of full legal capacity that is the main reason for stopping making financial contributions to the child’s account from the salary of a parent who does not live with him in the same family.

In order for the cancellation of alimony to be legal and to avoid the accumulation of debt, the payer parent should contact the magistrate’s court to consider the case and issue a court decision on the cancellation of the obligation and the Federal Bailiff Service to the specialist who was in charge of the collection proceedings. .

In this case, the person who is entrusted with the obligation to pay alimony payments must provide documentary evidence that the recipient has reached the age of majority.

The court considers the evidence provided and a statement of a certain sample drawn up by the alimony payer, after which it issues a decision, on the basis of which the bailiff issues a writ of execution containing information about the end of the circumstances in which the son or daughter needed financial assistance from the parents.

The law connects the abolition of alimony with the child acquiring full legal capacity

Based on this writ of execution, the paperwork for the collection of alimony is closed, and a document is sent to the accounting department of the enterprise to stop making monetary deductions from the salary of the parent living separately.

Do I need to tell the judge that alimony will stop when I turn 18?

The body that makes the decision to cancel alimony can be represented by the court or the FSSP, depending on the information contained in the writ of execution on the assignment of the submitted deductions.

The writ of execution must contain information about the date of birth of the payee and the validity period. As a rule, when issuing such a document, the bailiff indicates the period for payment of alimony “until reaching the age of majority.”

In the presented situation, the procedure for canceling mandatory contributions to the child’s account is much easier, since the parent paying the alimony only needs to contact the FSSP for the issuance of a new writ of execution based on the data of the previous one, and in the future there is no need to notify the judge.

If for some reason the writ of execution does not contain information about the validity period, in order to cancel alimony it is necessary to file a claim in the magistrate’s court, which, based on the evidence provided, makes a decision to cancel the deductions for minors.

In what cases is it necessary to take part in financial support after 18 years of age?

Disabled children and students have the right to receive child support after reaching 18

The legislator provides for a number of situations in which parents are obliged to continue to support their children after they have acquired full legal capacity:

when a son or daughter receives higher education on a full-time basis;
when the heir of the alimony payer is employed, but his income for objective reasons is less than the minimum subsistence level established by the state;
if the child has a medical certificate confirming the assignment of a disability group.

Registration of alimony for a disabled person after reaching 18 years of age

The procedure for obtaining alimony for a disabled child after he/she comes of age is identical to the general procedure. If the former spouses have mutual understanding, they can enter into a voluntary agreement with a notary. Otherwise, you should go to court.

How to get rid of alimony

In this case, the court must provide evidence of:

the child has a disability of group I-III;
need for further maintenance by parents.

Important! The receipt by a disabled child of a state disability benefit is not a reason for refusing alimony.

Amounts for child support upon reaching 18 years of age: rules for collecting tuition fees

Not in all situations, students are entitled to child support after reaching adulthood. To satisfy a claim, the court must:

provision of a certificate from the university confirming that you are studying;
The form of education must be full-time.

It is also possible to demand an increase in the amount of student support in the event of an increase in tuition fees. To do this, you need to go to the Magistrates' Court.

Judicial practice in Russia

Important! As a rule, the court makes a positive decision on imposing maintenance obligations. However, the problem is the irresponsibility of parents who avoid fulfilling prescribed obligations, which contributes to the accumulation of debt.

As for the maintenance of adult children, judicial practice has an equal number of refusals and satisfactions of the plaintiff’s demands. Thus, the only sure way to guarantee receipt of amounts for child support can be achieved by drawing up a notarial agreement between the parents.

their heirs is the responsibility of each parent equally, regardless of marital status or separation. The deadlines established by the legislator for when they stop paying child support according to the law should not be a priority for parents, since the upbringing of a child does not end after the child reaches the age of eighteen.

Source: //shtrafsud.ru/dokumenty/rebenku-ispolnilos-18-let-kak-prekrasaetsa-vyplata-alimentov.html

Termination of child support payments upon reaching 18 years of age in 2017

If the financial affairs of the alimony payer have seriously deteriorated (for example, he lost his job), alimony cannot be canceled. But the court may recalculate the amount of alimony payments downwards. Or - upward, if the child’s financial situation has improved significantly (for example, he received a gift of real estate that he rents out).

Loss of ability to work or retirement. Alimony will continue to be withheld - from pensions, from hospital payments, from disability benefits. True, as in the previous case, the payer can file a lawsuit to reduce the amount of alimony.
Regardless of whether or not there are circumstances for terminating alimony, it is categorically not recommended to stop alimony payments without permission - this will only result in the formation of alimony arrears and liability for non-payment of alimony.

When payments for children are not completed

Payment of alimony payments is not completed if the following grounds exist:

when a disabled teenager reaches 18 years of age. If a teenager is recognized by experts of a judicial medical institution as disabled and in need, then the transfer of money required by law from his father or mother is unlimited;
when your financial situation changes. If the financial situation of the alimony payer has deteriorated significantly (the payer has lost his job, etc.), the payment of money for children is not cancelled. However, the judge in such a situation reduces the amount of support for the teenager;
upon loss of ability to work or upon reaching retirement age. In such a situation, alimony is withheld from the alimony payer’s pension, from disability benefits, etc. In this case, the alimony payer can file a claim with a court to reduce the amount of money transfers for children.

Regardless of whether or not there are grounds for completing payments for children, you cannot cancel such payments yourself. Otherwise, the alimony payer may incur debts and fines for terminating alimony.

As a result, it is better to “play it safe” - file a claim with a judicial institution, present significant evidence and wait until the court makes a positive verdict.

Then, you need to contact the court bailiffs to complete the alimony proceedings.

Expiration of the alimony agreement

Most child support agreements that do not relate to the maintenance of minor children have a limited duration. In particular, such agreements may include the obligation to support the recipient of payments until he restores his health or improves his financial situation.

Taking this fact into account, when signing agreements, a deadline is determined, after which it will be considered that the payer has fully fulfilled its obligations to the recipient of alimony payments, and therefore the agreement can be terminated, as a result of which it loses its legal force.

It is worth paying attention to the fact that by decision of the parties, or in accordance with a court order, the validity period of the agreement may be adjusted. In particular, if the recipient of payments restores his financial stability earlier than planned, the payer has the right through the court to obtain the removal of his obligations to pay maintenance.

If, after the expiration of the agreement, the recipient continues to need financial assistance, then he can apply to the court with a request to extend the agreement.

USEFUL INFORMATION: How to collect child support for a child with an individual entrepreneur and how much they pay

Judicial practice in Russia

The maintenance of their heirs is the responsibility of each parent equally, regardless of marital status or separation. The deadlines established by the legislator for when they stop paying child support according to the law should not be a priority for parents, since the upbringing of a child does not end after the child reaches the age of eighteen.

Sep 10, 2019adminlawsexp

When the payment of alimony cannot be canceled

If the spouses cannot agree, the issue is considered in court. In order to cancel the benefit, it is necessary to file a claim with the court that issued the order for alimony. When drawing up an application, you must refer to legislative acts, as well as attach all kinds of evidence that may influence the court’s decision.

Payment of alimony stops from the moment the court decision is announced.

List of documents

The statement of claim must be accompanied by a package of documentation that will confirm the grounds for stopping the collection of maintenance benefits.

List of documents for the court:

plaintiff's identity card;
child's birth certificate;
extract from the registry office on divorce;
certificate of parents' marital status;
certificate of family composition;
copies of documents on the basis of which it is required to stop paying alimony;
writ of execution according to which payment for child support was made;
court order on alimony;
receipt for payment of state duty, etc.

After considering the case materials, the court makes a decision, on the basis of which a writ of execution is issued, according to which the plaintiff is released from paying alimony.

Drawing up a statement of claim to terminate the collection of alimony is regulated by law, namely Article No. 394 of the Code of Civil Procedure of the Russian Federation. The text of the document must indicate all significant facts that may affect the outcome of the court's decision.

The contents of the statement are as follows:

details of the court chamber;
Title of the document;
passport details of the plaintiff;
information about the defendant (spouse or child);
reference to the order for alimony;
the essence of the statement;
reference to legislative acts;
plaintiff's claims;
proof;
list of attached documents;
cost of the claim (total amount of alimony transferred for the year);
date, signature of the plaintiff.

You must go to court with the originals of all attached documents and a passport of a citizen of the Russian Federation. During the hearing, the judge may require clarification on this or that information specified in the claim. Moreover, both sides can voice their position and confirm their words with documents.

At a court hearing, you need to remember the rules of behavior: if you cross the line of what is permitted (for example, insult the defendant and ignore the judge’s remark), you may be removed from the courtroom

As a rule, in cases of this kind, a decision is made immediately. If the court rules in favor of the applicant, you need to take the court decision and take it to the bailiff service. Based on this, the bailiffs will stop the enforcement proceedings.

Statistics show that significantly fewer claims for termination of alimony obligations are filed than for collection. And only in a few cases are they satisfied. This is due to the fact that the court stands up to protect the rights of the child, and the list of grounds for ending payments is limited.

Ivanov I.A. filed a lawsuit to cancel alimony. The plaintiff justified his claims by the fact that he had lived together with the child for the last year. The court rejected the claim because the mother presented evidence that the child lives with the father 5 days a week, and the mother 2 days. This is due to the fact that the mother got a new job.

Procedure, amount, methods of paying intended money to a child under 18 years of age

The procedure and amount of payments depend on the basis on which alimony obligations arose:

If there is a special agreement between the parents, the amount can be any, but not less than that established by law
In the absence of agreement, alimony payments are made by court decision every month.

In accordance with Art. 81 of the Family Code of the Russian Federation, alimony is payable in the following specific amounts:

for one child – 25% of total income
for two children - a third of the income
for three or more children -50%

The income of the alimony payer implies a combination of wages, bonuses, social benefits, and additional earnings.

However, in reality it is almost impossible to prove the fact that the child’s father has much more income than indicated in the certificate.

You also have to decide on the method of paying alimony:

In a fixed amount of money, paid periodically or once
As a percentage of the income of the alimony payer
By paying with property (apartment or car, etc.)

Alimony is paid in one of the following ways:

Transferring a sum of money in person
Payment through third parties
Transfer of funds to a bank account, bank card or postal transfer.

The right to choose belongs to the payer

As a rule, the alimony payment established by the court is made every month, regardless of the date of payment of earnings to the payer.

If a parent who is obligated to pay child support is suddenly dismissed, their payment occurs no later than three days from the date of receipt of the payment.

The employer, in turn, must take a number of actions aimed at ensuring further payment by the payer, namely:

Notify the bailiff service at the place of residence of the payer and the place of registration of the organization about the dismissal
Send a properly completed writ of execution to the bailiff
Provide the bailiffs with information about the payer’s new place of work or residential address, if known.

If the organization does not take these actions, this may entail negative consequences in the form of administrative fines and other sanctions. It is also necessary to correctly calculate the amount to be withheld.

How to calculate child support for less than a month

“We ask for clarification on the following situation. A company employee is withheld alimony in favor of his ex-wife in the amount of one subsistence minimum in the Kaluga region (a fixed amount that changes quarterly along with changes in the subsistence minimum in the Kaluga region). According to the court ruling, the subsistence level is withheld until July 10, 2015. Let’s assume that in July 2020 the specified cost of living was equal to 10,000 rubles. How to calculate alimony withheld in July for an incomplete month (from July 1 to July 10): based on their calendar or working days of the month?

To withhold alimony for an incomplete month, you need to calculate the amount of the employee’s income in proportion to the number of working days in the month during the period of withholding alimony.

To determine the amount of alimony to be withheld, the calculated amount of income must also be reduced by the amount of personal income tax withheld from this part of the income.

Child support withheld in July for an incomplete month (from July 1 to July 10) must be calculated based on the calendar days of the month.

Example.

The company withholds alimony payments under a writ of execution in favor of the employee's minor child. On July 10, 2020, the employee quits.

The amount of deductions, according to the writ of execution, is 10,000 rubles.

Let's assume that the employee's salary is 38,000 rubles. Working hours: five days a week with two days off.

The employee receives a monthly deduction for a child - 1,400 rubles. In July 2015, out of 23 working days, the employee worked 8 working days.

How to calculate child support for July?

Solution.

Let's determine the employee's income for July, from which alimony must be withheld

We calculate it in proportion to the number of working days before the employee’s dismissal.

For 8 working days in July, the employee will be credited 13,217.39 rubles. (RUB 38,000: 23 working days x 8 working days).

When forming the tax base for personal income tax, the employee is provided with a standard tax deduction for child support expenses - 1,400 rubles.

The amount of personal income tax calculated from the salary was 1,536 rubles. .

The employee’s income for July, from which alimony must be withheld, is 7226.62 rubles. (RUB 13,217.39 - RUB 1,536).

Let's calculate the amount of alimony

The amount of alimony is 3225.81 rubles. (RUB 10,000: 31 calendar days x 10 calendar days).

Let's determine the size of the limit on the withheld amount (Part 3 of Article 138 of the Labor Code of the Russian Federation) - 5058.63 rubles. (RUB 7,226.62 x 70%);

RUB 3,225.81 less than 5058.63 rubles.

Consequently, alimony in the amount of 3,225.81 rubles must be withheld from the employee.”

Alexander Sorokin answers,

Deputy Head of the Operational Control Department of the Federal Tax Service of Russia

How to stop paying child support when he turns 18

Debt for alimony arises only on grounds in the form of a previously concluded alimony agreement or a court decision on this matter. Having such a document in hand gives the recipient the opportunity to contact bailiffs to resolve the issue. They can help you calculate the amount owed and take appropriate steps to ensure legal collection. Based on the received application, the bailiff carries out the following actions:

makes a corresponding decision and opens proceedings regarding debt collection;
carries out the necessary calculations;
begins work according to the current collection situation.

USEFUL INFORMATION: Collect penalties for alimony

The bailiff informs the debtor about the facts of the opening of proceedings, the accrued amount of debt and offers to voluntarily fulfill his legal obligations to the children.

Termination of child support payments for minor children

Is it possible to apply for payments if the child is over 18? The parent with whom the dependent lives has every reason to file a claim in court if the dependent is recognized as disabled or in need of financial assistance while receiving education. Another good reason for collecting money from the parent is his payment arrears. It should be noted that the court does not always take the side of the plaintiff who demands financial support during the child’s studies.

When considering a case, the position of both parties is taken into account. In what cases is child support paid until the age of 23? If an interested person files a lawsuit to withhold funds from a spouse while the child is studying at a secondary or higher educational institution, then it is assumed that payments will occur throughout the entire period of study, that is, until the age of 23

Procedure for terminating alimony

To stop deductions from wages for alimony payments, you must provide the appropriate certificate to the company or go to court.

How to cancel alimony payments through the court

You need to act according to the following algorithm:

Step 1. Draw up a statement of claim

The rules for filing a claim are regulated by Art. 132 Code of Civil Procedure of the Russian Federation. The document must contain:

name of the judicial authority, details of the parties: plaintiff, defendant;
the last line in the header of the document is the price of the claim, from which the state duty will be calculated;
title of the document, below - a description of the reason for the application, justification for the need to cancel alimony;
request to cancel deductions;
liver of attached documents, date and signature.

Sample claim for cancellation of alimony:

If alimony payments are determined on the basis of a court order, an application for its cancellation is submitted. The document is drawn up similarly to a claim.

Sample application for cancellation of a court order for the payment of alimony:

Step 2. Collecting documents

When going to court you must have with you:

copy of ID;
copies of the claim according to the number of interested parties;
receipt of payment of state duty;
a copy of the marriage certificate (or its divorce);
certificate of family composition;
documents confirming the grounds for canceling alimony: death certificate of a minor; certificate issued by MSEC on restoration of working capacity; income certificate and other documents;
performance list.

Step 3. Payment of state duty

The amount of payment is specified in paragraphs 1, 2 of Art. 333.19 Tax Code of the Russian Federation.

The calculation is based on the value of the claim, determined as the amount of alimony payments for the year. The state duty cannot be less than 400 rubles. or more than 60,000 rubles. The rates are as follows:

if the value of the claim (CI) is up to 20,000 rubles. , the state duty is 4%;
with a higher CI, but within 100,000 rubles. , the state duty is calculated as 800 rubles. plus 3% of the claim price exceeding the previous limit (RUB 20,000);
if CI is up to 200,000 rub. , then the required amount for payment is 3200 rubles. plus 2% of the amount exceeding RUB 100,000. ;
with CI up to a million you will have to pay 5200 rubles. and 1% of the amount over 200,000 ;
if the price of the claim exceeded 1 million rubles. , the state duty will be 13,200 rubles. and 0.5% of the value over a million.

When filing an application to cancel a court order, the state fee is not paid.

Step 4. Go to court

After collecting all the necessary documents, you must contact the judicial authority that made the decision on alimony.

Step 5. Waiting for the court decision to enter into force

You will have to wait 1 month for the decision from the date of its issuance.

After completion of the process, the plaintiff will be issued a writ of execution, which is presented to the FSSP at the place of enforcement proceedings.

If the child is over 18 years old

Upon reaching adulthood, there is no need to continue to pay alimony. After the payment is completed, the payer must:

apply for payment at the place of work;
provide an extract of payments made to the bailiff;
obtain a decree to terminate collections, submit it to the accounting department yourself, or wait for the bailiff to send a letter.

Child support if the parents have reconciled

In a situation where the alimony provider returns to the family, the recipient has the right to refuse deductions from the other half’s salary. To do this, you need to go to the SSP and pick up the writ of execution.

When concluding an agreement on alimony, you can sign a document on the repayment of obligations by purchasing real estate or other expensive material goods for the child, or on paying for education.

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The presence of alimony obligations is regulated by the Family Code. In a number of situations, material relationships can continue after the divorce. Funds can be provided for a minor child, children with disabilities, or a wife who is on maternity leave. The person entrusted with such responsibilities must understand when the payment of child support stops by law. The need for alimony may continue for a long period, but during this period circumstances may arise that make it possible to terminate financial support. about when you can stop paying alimony for your wife, about stopping payments for your child, and also about the registration procedure.

Completion of payment under voluntary agreement

How to stop paying alimony? If mom and dad signed a child support agreement, then it details not only the calculation mechanism and the amount of the monthly payment, but also the terms of financial support for their children and the mechanism for completing collections.

As a result, if there is such an agreement, then the allocation of funds for the financial support of the minor is terminated if there are the following grounds for termination of alimony payments:

after the expiration of the agreement. Such a document must state that obligations to pay alimony cease upon the teenager’s 18th birthday or upon receipt of a university diploma;
after the occurrence of specific events. For example, a son or daughter may change their place of residence when moving to their father, or an ex-wife may enter into a new marriage;
after the death of the alimony payer or alimony recipient, as well as in connection with the death of a child.

The agreement on payments for children is an executive document, therefore, to stop payments, simply fulfilling the requirements specified in it (expiration of the agreement date or the occurrence of circumstances) is enough.

In such a situation, you do not have to go to court. The alimony payer can obtain an alimony agreement from a court bailiff or a company accountant.

After concluding an agreement on alimony, you need to go to court only on the following grounds:

if such an agreement has not been notarized;
if this document does not indicate the mechanism for completing the transfer of alimony by the father or mother;
if the alimony recipient or alimony payer disputes the points of the document.

Termination of the obligation to pay alimony

Natasha 01/3/2016 23:51

Termination of alimony payments occurs for a number of reasons and largely depends on who exactly they are issued to. For example, documents to support a wife are terminated if she has already returned from maternity leave or has remarried. Child support automatically terminates when the child reaches 18 years of age, with the exception of disabled children. Termination of child support for a child under 18 years of age is possible only if he became legally competent before he reached the age of majority.

Trosvaer 04/24/2017 04:09

Termination of alimony payments by judicial act

Unlike the situation in which alimony is paid by agreement, if there is a judicial act, there is an exhaustive list of grounds for termination of payments. When they occur, collection under the writ of execution does not stop automatically. It is necessary to go to court to cancel the payment of alimony.

The grounds for termination of alimony payments are:

the child reaches the age of majority or acquires full legal capacity. A child becomes an adult upon reaching the age of eighteen. The conditions for acquiring full legal capacity before the age of eighteen are specified in the law: early marriage, or if a person who has reached the age of 16 works under an employment contract or is an entrepreneur. The procedure for acquiring full legal capacity in these cases is carried out in accordance with the procedure established by law;
adoption of a child. In this case, the new parent takes care of the child from the moment he acquires the corresponding rights. If a parent is deprived of parental rights and there is no fact of adoption by the new parent in relation to the child, child support obligations remain;
death of the recipient or payer. If the person who received child support died, this does not affect the payments. In this case, the money will be received by the person who will further raise the minor.

How long does it take to pay child support for an adult child?

Due to certain circumstances, payment of funds may continue after adulthood:

The recipient of alimony is endowed with the first or second degree of disability, the child is assigned the status of a disabled person
Income is less than the established minimum subsistence level
The child provides care and supervision for an incapacitated relative. For example, for mother or father
If the child is disabled.

Example from life

Alimony is payable to an adult child due to full-time study at a university or college.

Full-time education assumes that an adult is unable to work and receive a stable income.

In this case, the payment of child support continues until the child reaches the age of 23 years. The basis for this will be a court decision.

If the child finishes studying before this period, for example, at 22 years old, then payments stop. If education is expected until the age of 24-25, alimony is payable only until the age of 23.

Termination of alimony payments for other family members and exemption from alimony payments

An unconditional basis for termination of payment of funds is the death of the recipient or payer of alimony.

A common basis for termination of payments is the unworthy behavior of an adult capable person in relation to the alimony payer, as well as the commission of an intentional crime.

An additional reason for stepsons and stepdaughters is that when applying to the court for exemption from payments for a positive resolution of the case, they must provide evidence that their stepfather or stepmother poorly supported them, improperly fulfilled their upbringing responsibilities, or upbringing and maintenance lasted less than five years. The law provides for similar conditions in the relations between pupils and actual educators.

Child support payments can take a long time. The legislator has provided for the right of the court, at its discretion, to release the obligated person from payments when the family or financial situation of the parties has changed. The court has the right to take into account other circumstances.

Thus, it is impossible to arbitrarily stop paying alimony. This may result in a penalty that will have to be paid.

Termination of child support payments upon reaching 18 years of age

Attention

Firstly, both parents can voluntarily enter into an agreement on the payment of child support, in which they determine the amount and frequency of such payments. In the document, at the request of the parties, you can write down fixed amounts, or indicate percentages of the income and wages of the parents

If the notarial form of such an agreement is observed, it becomes binding throughout the country. Secondly, such alimony can be assigned in court, and the judge, based on the case materials, sets the amount of payments for an adult child exclusively in hard monetary terms.

Changes in 2020

In accordance with the changes in 2020, the procedure for establishing the payment of alimony remains the same. If the need for financial support for an adult child has been proven, then he has every reason to claim alimony.

Since 2020, deputies are facing several issues at the decision stage:

Securing the right to claim child support for adult children studying in higher institutions
Payment of financial support on a voluntary or judicial basis
Extension of the period of child support payments until the child reaches 24 years of age.

Indexation of alimony is not carried out if the calculation implies a share principle. In this case, the amount of alimony directly depends on the financial income of the person providing alimony payments.

Collection of child support after 18 years of age

Important

How to get a debt through bailiffs So, debt for alimony after 18 years arises only if there is an agreement or a court decision. The recipient must have the document in hand

USEFUL INFORMATION: Psychology of men after divorce, psychotypes of men

Based on it, the bailiff will be able to calculate the amount of the debt and take measures to collect it. After the recipient writes a statement, the bailiff:

issues a resolution to open proceedings;
calculates the amount of debt;
carries out recovery work.

First, the debtor is notified that a case has been opened.

place of work;
income;
availability of a bank account;
property information.

If you refuse to pay arrears of alimony after 18 years, measures are taken to forcefully collect the debt.

Collection in court

If it is not possible to conclude a written agreement or establish the amount and procedure for payments to the parties, then the interested party has the right to file a claim in court.

The court orders payment from the moment of application to the court, and not from the moment of the court hearing.

There are often cases when payments are assigned for the past period.

In such cases, the court makes a decision or order that is subject to mandatory execution. They can be appealed within ten days.

Debt in payment of alimony

Unfortunately, not all parents are honest before the law in terms of timely child support payments. Many people hide from paying them or wait until the last minute. In such cases, debt begins to accumulate.

In addition, the law protects children from the dishonesty of non-paying parents through established criminal liability.

The debt of the alimony payer is collected within the three-year period that began to flow before the signing of the agreement or the adoption of the relevant court document.

If alimony was not paid precisely because of the parent’s evasion, then it is subject to payment without time limits. It is up to the bailiff to set the amount of payments.

If the established amount, in the opinion of one of the parents, violates his legal rights, then the right to go to court may be exercised so that when establishing the amount of alimony, the financial situation of the father or mother is taken into account.

It is better to collect child support arrears before the child reaches adulthood.

Debt to pay child support after 18 years

If a child has celebrated his eighteenth birthday, and the child support debt of one of the parents has not decreased, the law still provides the right to collect the resulting debt.

The procedure for receiving overdue alimony payments:

Applying to the court with a corresponding application. You must have an identification document and a writ of execution
Collection by the court of the amount of alimony only for the last three years

Thus, you need to go to court to collect alimony debt as early as possible. You should not infringe on the interests of the child in receiving the intended funds.

Termination of child support payments

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The obligation of a parent who left the family to support a child is not unlimited and, if a number of circumstances occur, terminates both upon reaching adulthood and in other cases.

Article 120 of the Family Code lists the relevant grounds for ending alimony payments. It is possible to differentiate the grounds depending on what served as a prerequisite for the emergence of the property obligation itself - an agreement between the spouses or the issue of payments was decided by the court.

1. When the amounts of payments and their frequency have been established in the agreement of the child’s parents, the termination of alimony may occur:

death of any of the parties to the legal relationship: parent-payer, child-recipient;
the document has expired;
the agreement provides for special grounds, the occurrence of which will lead to the cancellation of the alimony obligation.

As soon as the relevant facts have occurred, the payer has the right to complete the fulfillment of obligations, and there is no need to contact a notary (if the agreement was certified by him).

2. If the basis for collecting alimony was a court decision, the grounds for termination of alimony payment will be as follows:

the child’s acquisition of full legal capacity in connection with reaching the age of majority, or through marriage or emancipation before this point (starting working as an individual entrepreneur, for example);
adoption of a minor, for example, by the mother’s new husband and subject to the consent of the biological father or deprivation of his parental rights;
death of the alimony payer or child recipient;

If we are talking about payments in favor of a disabled, however, adult child, then upon restoration of working capacity, as well as the cessation of his need for maintenance, alimony is canceled.

PLEASE NOTE: despite the above circumstances, if the payer of maintenance learns that the financial situation of the recipient has changed to a more favorable one, he has the right to demand through the court, at a minimum, a reduction in the amount of payments, or, if the improvement was significant, release from such obligation

To whom are entitled and on what basis

In addition to minor children, children over 18 years of age may apply for continued financial support if a number of circumstances exist.

It is worth noting that, based on the current legislation of the Russian Federation, financial support for children who are studying at a technical school, college or correspondence department is not mandatory and remains for the consideration of the parents.

Continuation of child support after 18 years of age is provided in the following cases:

Full-time child education. It is mandatory when concluding a formal agreement between parents on the continuation of financial support. It is important to note that upon reaching the age of 18, the child continues to study at school, this does not cancel Law 102 on the termination of payment of alimony upon reaching the age of majority.
Disabled children. If a child becomes disabled, the adult guardian has every right to demand child support in the following cases:

This is important to know: ERC RF Ministry of Defense payment of alimony

— If the child received group I and there is medical confirmation of this fact, and the required social benefits have been issued

— The need to provide special care with the participation of a professional nurse, maintaining health through therapeutic procedures

— The court established a mental disorder or a number of other deviations. It is important to note that filing a claim in court for support can be initiated by an adult child or his guardian.

Extension of alimony is possible only if the fact of debt is established. If the parent refuses to provide financial support for the child for any reason and there is a debt, the payment period is automatically extended.

Maximum amount withholding

Calculate your salary with alimony deduction in the web service

Thus, in any case, more than 70% cannot be withheld from an employee’s salary. Moreover, deduction in the specified amount is possible solely to satisfy the above requirements (alimony for minor children, harm to health, etc.). If the collection is made to satisfy other requirements, then no more than half of the earnings are collected. It might seem like a simple rule, but in practice it still causes problems. Especially when the organization has several writs of execution, each of which requires deductions to be made in a certain amount. Let's look at specific examples.

How to stop payment

Based on Article 120 of the Family Code, it is provided that the payment of alimony to an adult child may be terminated in the following cases:

Death of a child or death of a caregiver
In the event of a trial, the disability was canceled, as well as the child was recognized as able to work
The court found during the trial that the child does not need financial support.

In the second case, you must fill out an application using the following form and provide information:

Full name of the authority where the application is being submitted
Full list of data of the plaintiff and defendant (full name, date of birth, address of registration and residence)
Information on the establishment of alimony payments (information about the writ of execution, the established form of payments)
Evidence that suggests termination of alimony payments
Supporting Documentation

In most cases, child support payments for adult children are made in the event of recognition of incapacity as a result of a medical examination. Current legislation provides for further financial support only after proof that the child really needs it.

Law

This year, it was expected that an amendment to the Family Code would be adopted, which was supposed to come into force in 2020. The point of the amendment is to continue payments for full-time education. The amendments were not adopted, the principle of legislative law functions as before.

Based on Articles 80 and 120 of the Family Code, parents are forced to provide for their children only until they reach the age of majority. As soon as a child turns 18, he is obliged to begin an independent life and provide for himself.

Based on current legislation, it is generally accepted that from the age of 18 a person has every opportunity to make decisions independently and organize his life, satisfying basic and social needs.

It is worth noting several conditions under which a minor child can be recognized as legally competent:

Marriage on the basis of the legislative framework before reaching the age of majority
A civilian who has reached the age of 16 is officially engaged in labor or entrepreneurial activity - emancipation.

Turning to Articles 85 and 86 of the Family Code, we can identify several grounds that suggest the continuation of financial support for a child after reaching adulthood:

Parents are required to continue providing financial support if the child does not have employment opportunities and cannot maintain quality of life without the help of adults
By concluding an agreement, the child’s parents can independently share financial concerns. If it is impossible to resolve the issue through a peace treaty, the order of payments will be established during the trial.
If there are exceptional circumstances, then parents can plan upcoming expenses, adding them to those that already exist and are intended to support the child.

Based on Article 89, if a child has become disabled, then the parents have every reason to receive additional assistance from the state for his maintenance and care.