Most people with the word "alimony" are associated with the Sunday Pope and single-parent families. In fact, there is such a thing in our society as paying alimony to parents. How the collection procedure takes place and what grounds are needed for this, we will discuss this article.
What does the law on alimony apply to parents?
According to the legislative framework, parents can count on financial support from their children. At the same time, children must be of legal age and be employed. There are two ways to solve this issue: family members can agree peacefully or resort to court suits to collect maintenance for the maintenance of parents.
Alimony for maintenance is paid only to disabled parents. In this case, the word "disabled" should be understood as follows:
- Parents are pensioners (for women this is 55 years old, for men - 60 years);
- parents with I and II disability groups;
- parents with group III disability, provided that they can not find work that is authorized by the medical and labor expert commission;
- parents who were not deprived of parental rights.
But the procedure is not so simple. The court can partially and completely refuse the plaintiff's payment. Alimony to the parents of pensioners or disabled people will be calculated on the basis of several circumstances. The material situation of both parties, sources of income, the presence or absence of dependents in children, as well as the marital status of both parties are taken into account.
The procedure for collecting maintenance for the maintenance of parents
The amount of alimony to parents from children is determined by the court and obliges the defendant to pay the amount monthly. In addition, if the plaintiff has several children, the court can oblige them to pay, too, even if the claim was brought only to one.
A number of documents should be submitted for filing a claim for child support to parents of pensioners or disabled. Documents will be needed where the family relationship, the incapacity of the parent is confirmed, as well as a receipt for payment of the state fee. In some cases, additional documents may be required.
The amount of alimony to parents from children in several cases can be minimal or the court will refuse the plaintiff altogether. These include incapacity for work or wages below the subsistence level of children, failure to fulfill their parental responsibilities in the plaintiff's past. Also, when specifying the amount of alimony for the maintenance of the parents, it is necessary to clearly argue the indicated: medical conclusions about the need for continuous treatment or reception of medications, these can be checks from spending on food and clothing, a specific diet or other reasons. This will establish the amount of payments and confirm that the plaintiff really needs help.