Is it possible to collect child support from grandparents?

Author of the article: Anastasia Ivanova Last modified: January 2020 3538

Most often, the child's father is the child support payer. According to the law, parents are required to bear the responsibility of supporting their children. Article 60 of the RF IC states that the obligation to pay alimony can also be assigned to other relatives. For example, the court often orders alimony from grandparents to a grandchild. According to the law, in order to apply for the assignment of child support obligations to other relatives of the child, certain conditions must be met.

Can grandparents support their grandchildren?

Article 94 of the Family Code of the Russian Federation specifies under what circumstances relatives must support their grandchildren. According to this article, grandchildren who need money have the right to receive alimony from their relatives.

It is worth noting that, according to this article, grandparents must provide financial assistance not only to minor grandchildren, but also to disabled grandchildren who have reached the age of 18.

A grandson or his representative can file a lawsuit to recover alimony from his grandparents only if he cannot receive such benefits from his parents.

In what cases is it impossible to recover alimony from the ex-husband’s parents?

In Article 94 of the RF IC there is a section that states that the obligation to pay alimony payments cannot be shifted to the parents of a defaulting male.

The provision is based on the fact that the obligation of parents to provide for their child is enshrined at the legislative level; accordingly, it is they who must financially support the baby.

But if the father has died, is in prison, does not work for various reasons, and does not have property, then alimony payments will not be received from him. The situation is different when the second parent is employed, has a certain profit (salary), but does not want to pay compensation for the child. In this case, lawyers and judges find it impossible to shift the responsibilities of their son to the grandparents.

The laws provide for the use of a number of tools that involve the forced deduction of funds from the child support father. For this purpose it may be:

• the property of the second parent was seized;
• restrictions on rights have been imposed;
• a search was carried out for the “dodger” if he disappeared;
• an administrative penalty has been imposed;
• criminal liability is provided.

At the same time, we should not forget that in addition to the draft dodger father, the child also has a mother. If her financial situation is sad, then the law may oblige the grandparents to support their grandson with money.

But even in this case, the judge will carefully consider all the subtleties of a particular case. After all, a grandmother does not always have the kind of income that she can share with her grandson/granddaughter. If the court considers the financial support of the parents of the defaulting man to be insufficient, then the issue of financial assistance from them will be officially closed.

In addition, the obligation of second-level relatives to support a grandchild can be changed at any time by a court decision due to the illness of the grandfather/grandmother or when the child reaches the age of majority.

Analyzing the legislative framework and legal practice, we can conclude that the alimony relationship “grandchild - grandparent” is, in principle, acceptable.

But in practice it is unlikely, since the laws provide for many methods of collecting payments to the offspring directly from the second parent. Therefore, it is very difficult to satisfy such a claim in practice, and legal advice will be required to assess the plaintiff’s chances.

When is a child entitled to receive child support from relatives?

In some cases, the obligation to pay money for children extends not only to the mother or father, but also to the grandparents. It is worth noting that this does not take into account on which side they are relatives (on mom or dad). Grandfathers and grandmothers are responsible for maintaining their grandchildren only if the children’s parents do not receive their own income.

The note! Relatives will not pay funds for grandchildren if they do not have enough money to support them. It should also be noted that the ability to work of grandparents does not affect the recovery of alimony from them for the maintenance of their grandchildren.

After the parents divorce, the parent with whom the child does not live is required to pay a certain amount of child support each month. If this amount is not paid, the party with the child has the right to file a lawsuit to recover child support from the grandparents.

The note! If a disabled child does not have parents, he can sue for child support from his adult brothers or sisters. If these relatives cannot support the child, he can file a lawsuit to recover the necessary funds from the relatives.

Arbitrage practice

Example 1. Ilyina A.Yu. is the mother of three children. Minor Alexey is a disabled child. Ilyina's husband A.Yu. and the father of her children was sentenced to imprisonment for a period of 2 years. The woman filed a lawsuit to recover funds from her husband’s parents for the maintenance of Alexey. The court found that the conviction of the child's father is not a basis for collecting alimony from the grandparents, since the child's father works at the place where he is serving his sentence and regularly sends small amounts. In the claim of Ilina A.Yu. was refused.

The Supreme Court prohibits consideration of claims against grandparents through writ proceedings. The dispute is resolved only through a lawsuit.

Important! A parent's refusal to provide financial support for a child is not a sufficient basis for collecting funds from grandparents. Objective reasons required

If a child has the opportunity to receive financial support from his mother and father, but they do not fulfill the obligation without reason, then the court will refuse to order payment from the parents of the defaulter.

Example 2. The mother of minor Peter N., Maria N., filed a claim against Ivan and Oksana G., the parents of her ex-husband, who went missing. In the claim, Maria N. indicated that she herself is a disabled person of group I, therefore the maintenance of her son is burdensome for her and in this regard, she, referring to Art. 94 of the RF IC, demands to collect alimony in the amount of 10,000 rubles from each of the husband’s parents.

The court found that Ivan G. works for hire and owns three non-residential premises, which he rents out. Oksana G. owns a beauty salon, and she herself runs a private practice as a cosmetologist. In such circumstances, the financial situation of the grandparents allows the payment of maintenance in favor of the grandchild. Unable to receive child support from his father. Maria N.'s claim was satisfied.

We can summarize the main features of judicial practice in the Russian Federation in theses:

1. The law provides for the possibility of recovering financial support from a grandparent for a minor or disabled grandchild.
2. The applicant must prove that the defendants have the financial capacity and provide objective reasons for the inability of parents, brothers or sisters to make payments.
3. The application is considered in accordance with the procedure of claim proceedings.
4. The amount can only be assigned as a fixed amount.
5. The deplorable financial situation of the grandmother and grandfather will be an absolute basis for refusing the claim.
6. Failure to pay child support by parents is not grounds for collecting it from grandparents. Only the impossibility of payment.
7. When collecting alimony from a paternal grandmother or grandfather, the court will definitely check whether the mother fulfills her obligations to pay alimony, how fully she does it, and if she does not fulfill it, then why.

Today, the collection of alimony from grandparents is not common in the judicial practice of the Russian Federation. Such cases are rather the exception. But if you can prove that...

• the parent, for good reason, cannot fulfill his duties to the child,
• the child needs additional resources,
• relatives can provide financial support to grandchildren

– get legal support and file a lawsuit! If your real goal is to protect the rights of the child, the court will apply the law for his benefit.

Example 1

If a child can receive financial support from his parents, but they do not fulfill their obligations without good reason, the court will refuse to collect funds from the grandparents. .

Example 2

The mother of a minor child, Nazarova M. filed a lawsuit against the parents of her missing husband. In Nazarova’s lawsuit, M indicated that she herself is a disabled person of group I, does not work, and supporting her 14-year-old son is too burdensome for her. Referring to Art. 94 of the RF IC, Nazarova M. asked the court to collect alimony in the amount of 10,000 rubles from each of the parents of her missing husband.

The court found that the child’s grandfather is employed, receives a permanent salary, and also rents out production premises that belong to him. The child's grandmother is engaged in private practice as a cosmetologist in a beauty salon. Thus, the financial situation of the grandparents allows them to pay alimony to their grandson, who is deprived of financial support from the father. Nazarova M.'s claim was satisfied.

Grounds for receiving alimony from grandparents

Alimony from grandparents is possible only in cases where:

• The child's parents died, and their guardian is a close relative of one of the victims.
• Parents do not pay child support.
• First-degree relatives (brothers and sisters) are minors or cannot pay child support.
• The child is disabled (adult or minor).
• The money provided by parents is not enough for maintenance (the amount of alimony from parents is below the subsistence level in a certain region).

In these cases, the party with whom the child lives or the representative of the plaintiff has the right to sue for alimony from the grandparents in a certain amount.

How much alimony can be recovered from grandparents?

Each region of the country has its own cost of living and, accordingly, salaries and pensions. Thus, if a grandmother or grandfather only has a pension and has no other sources of income, then the plaintiff has the right to claim an amount that goes beyond the subsistence level.

That is, if the grandmother’s pension is 12 thousand 300 rubles, and the cost of living is 11 thousand, then the grandson can claim a maximum amount of 1 thousand 300 rubles.

The plaintiff has the right to indicate the amount that he plans to sue for the maintenance of himself or his child from relatives, but the court has the right to adjust this amount depending on the income of the elderly. Thus, if the amount of the claim exceeds the income of the relatives, the grandson can re-file the claim with the court with an adjusted amount, refuse the requirements, and also change them during the court hearing.

The process of collecting child support from grandparents

The obligations of the grandparents to support their grandchildren come into force after the court hearing and the publication of its decision. After the end of the trials, grandparents, by court decision, must pay for the maintenance of their grandson for a certain period. It is impossible to sue for a certain amount that grandparents must pay in one payment. Most often, relatives transfer a certain amount of money every month to support their grandchild.

After the grandson reaches the age of majority, despite the fact that he is able to work, grandparents can file a claim to recover alimony in their favor.

Types of establishing alimony

According to the law, alimony can be collected in two ways - through an agreement or through the court. The best solution is a voluntary agreement indicating the amount and procedure for transferring alimony. The contract must contain the following information:

• payer and recipient data
• information about a minor or disabled person
• timing and frequency of payment of funds
• rights and obligations of the parties
• conditions for making amendments to the agreement
• the amount of the penalty in case of violation of the conditions
• day of registration and signature

The document passes through a notary, because otherwise it has no force. In the future, the parties to the agreement have the right to make changes to the document an unlimited number of times. The main thing is that the parties approve these amendments.

If interested parties cannot agree on the issue of alimony amicably, a claim is filed in court. The latter is selected according to the residential address of either party. Each situation is analyzed individually. If grandparents only receive a pension, the process of collecting alimony is more complicated.

Situations with the collection of alimony debts

In some situations where one parent is obligated to pay child support but fails to comply, the party with whom the child lives may sue and be ordered to pay child support to the ex-spouse's parents. It is worth noting that in this option, the alimony debt remains with the ex-spouse, and further payment of alimony goes to the grandparents.

If a grandchild lives with his grandparents, and the parents do not provide money for the child’s maintenance, the grandparents also have the right to file a claim to recover child support from the parents.

How to resolve the issue without court

The issue of receiving alimony from grandparents can also be settled out of court. The necessary conditions for this are:

• The presence of agreement between the parties on the key points of the case (the amount of monthly payments, the method, time of their payment, etc.).
• Full legal capacity of the recipient (his representative) and the payer.
• No pressure (threats, blackmail, physical influence) on the parties to the contract.
• Participation in the notary registration process.

This is important to know: What documents are needed to collect alimony through bailiffs

If a peaceful solution to the problem suits the parties to the case, they should:

1. Develop a draft agreement and, after its approval, present the contents in triplicate.
2. Select a notary, the date and time of his visit.
3. The two of you go to the notary's office.
4. Sign the document in the presence of an authorized person and give all 3 copies to him for identification.
5. Take 1 copy for yourself, leave the extra one to the notary.

A document drawn up in accordance with all the rules is a full-fledged writ of execution, on the basis of which the forced collection of alimony and arrears can be carried out.

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In what ways can you solve the problem of alimony from grandparents?

Every child has the right to receive child support from these relatives. To receive funds from your grandparents, it is not necessary to file a lawsuit; you can verbally agree on a certain monthly amount.

There are certain legal norms that govern these actions. Thus, the grandchild or the party representing the grandchild may enter into an oral or written agreement as to how much the grandparent will pay to support the grandchild.

In case of disagreement, both the grandson and the elderly can file a claim in court to determine the amount of monthly payments.

Alimony for the maintenance of a grandchild is paid until he comes of age or until the death of his grandparents. Of course, there are many circumstances in connection with which it would be possible to reconsider this obligation of relatives to pay for the life of a grandchild, for example, the illness of grandparents or the attainment of majority by the child’s siblings.

Procedure for going to court

A woman will need to do the following:

1. file a claim;
2. collect all the necessary certificates and papers (passport, child’s birth certificate, documents on income and expenses);
3. submit a claim to a magistrate's court;
4. wait for notification of when and what time the first court hearing will be held;
5. take part in the meeting;
6. obtain a court order, writ of execution;
7. send a writ of execution to the FSSP so that the employees of this body begin the forced collection of alimony payments from the defendants.

You should contact the magistrate's court at the address of residence of the defendant or plaintiff.

The statement of claim contains the following information:

• name of the court;
• information about the plaintiff and defendants: full name, actual and legal addresses of residence, contact information;
• description of the current life circumstances: lack of material support from the ex-spouse for a certain reason, lack of money to independently support the child, an indication that the man’s parents have the ability to transfer funds to their grandson;
• the amount of alimony that suits the plaintiff, the specifics of the transfer of funds, a description of expenses and income;
• links to legislative acts;
• a request to recover alimony from the defendants in the specified amount for such and such a period;
• request to collect alimony for the previous period (if there are appropriate grounds);
• list of attached documentation;
• date of filing the claim, signature of the applicant.

Download a sample statement of claim for the maintenance of a grandson (granddaughter)

Required documents:

• plaintiff's passport;
• the child’s birth certificate (or his passport if this document is available);
• documents proving the needy position of the plaintiff;
• certificate of family composition at the child’s residential address.

This list of documents is not exhaustive. The court may request additional certificates and papers. If the plaintiff has documents related to the case, they will also need to be attached to the general list.

There are several ways to submit a claim and all the necessary documents:

• via Russian Post – by registered mail with a list of contents and notification of delivery;
• through a personal visit to the court office;
• through a representative;
• through the government services portal (you will first need to obtain an electronic digital signature).