The law makes it possible to demand payments to children even after they reach 18 years of age, for which a claim for alimony for an adult is filed. True, this is only possible in exceptional cases. Namely, when an adult is disabled. Plus, when the benefits he receives in connection with this do not cover basic life needs.
Drawing up a claim for alimony for an adult involves the need to obtain a large number of documents. These are medical certificates and extracts, certificates of disability pensions and monthly expenses. The legal basis for the requirements is Art. 85 of the Family Code of the Russian Federation. Court orders for alimony cannot be issued based on such requirements. Alimony is established compulsorily only by the court. And only in lawsuit proceedings.
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Statement of claim for child support for an adult child
Until what age is child support paid in Russia?
The most common question that website visitors ask about alimony is exactly this: “Until what age is alimony paid in Russia?” Obviously, this issue concerns child support for minor children. Such alimony may be paid by agreement or by court order. Or by filing a claim for child support for an adult child.
Note:
Agreement on payment of alimony
Application for a court order to collect alimony
Statement of claim for collection of child support
Child support can be collected from the moment the child is born and will be paid until the child reaches 18 years of age, that is, adulthood. This procedure is established by Chapter 13 of the Family Code of the Russian Federation. And it does not contain exceptions for children of students over 18 years of age, and does not depend on the financial situation of the payer or recipient of alimony. The only exception to this rule is disabled children (who have become disabled), who have the right to receive alimony from their parents even after 18 years of age.
| Alimony for minor children in Russia is paid until the age of 18, that is, until adulthood |
Payment of alimony may be terminated before reaching the age of 18 in the following cases:
- emancipation (acquisition by minor children of full legal capacity before they reach adulthood);
- when adopting a child;
- death of the recipient or payer of alimony.
Real life example
As practice shows, adult children continue to receive financial support in the form of alimony only if they have a disability or other deviations that prevent them from working and providing for themselves. As mentioned earlier, full-time university study is extremely rarely accepted as a basis for paying maintenance. At the same time, in legal practice there are several examples where the defendant was ordered to pay alimony based on a decision made by a court of another state.
In the summer of 2011, the Buryat Supreme Court considered the case of the execution of an act of justice issued by a regional court of Ukraine. The subject of the proceedings was the recovery of monetary support for a child whose age has already reached 18 years. The defendant’s son, who is applying for alimony, was a full-time student at the institute. After studying all the materials in the case, the court made a decision to satisfy the requirements and ordered the defendant to pay child support until his son turns 23 years old.
There can be thousands of similar situations. Often, a woman raising a disabled son alone does not even suspect that she can demand alimony payments from her ex-husband. Most often, this is due to simple ignorance of the law, as well as the fear that all efforts will be in vain, and the proceedings will only end in additional costs.
Consulting an experienced lawyer will help you deal with the problem and protect your rights. To communicate with an expert, you don’t need to take time off from work or household chores.
Just visit our portal and fill out a special form, indicating your name, contacts and describing your problem. Within a short period of time, a specialist will study the issue, contact you and offer the most effective solution.
