Every loving mother tries to protect her beloved child from troubles and unrest, especially in situations where the pope leaves the family. Unfortunately, adults can not protect a vulnerable child's soul from experiencing it. However, the mother can and should stand up for the protection of her child's interests, including material ones. After all, according to the article of the Constitution, caring for children and their upbringing is not only the right of parents, but also their duty. The father, being divorced from the mother of his child, is obliged to pay alimony. This is the name of the means that one of the parents gives for the maintenance and subsistence of the child. It happens that the former spouses conclude a voluntary agreement on the manner and procedure for the payment of alimony. However, most often the recovery of alimony for minor children is carried out in court. Most women who receive money from former husbands for the material maintenance of a common child are concerned about the age at which alimony is paid. And this is understandable, because each family has its own life situations.
Alimony for underage children
According to the Family Code of the Russian Federation and Ukraine, children have the right to receive maintenance from their parents. And this right is enjoyed by all minor children. By the way, the fact, whether the parents of the child were married, or he is generally recognized as invalid, does not matter at the time of recovery of alimony.
The amount of alimony for minor children who are collected in court is determined by the rules established by Article 81 of the Family Code of the Russian Federation and Articles 183-184 of the Family Code of Ukraine. According to them, the material content may be levied as follows:
- in a fixed sum of money;
- in part from the income of the parent.
In the latter case, the share of earnings depends on the number of children to be supported:
- a quarter of earnings goes for 1 child;
- one third of income for 2 children;
- half of earnings for 3 or more children.
Alimony is collected not only from the salary, but also from additional income (labor bonuses, scholarships, pensions).
As a general rule, alimony is paid until the child reaches adulthood.
Right to alimony of adult children
There are situations when the recovery of alimony from one of the parents continues after the child turns 18 years old. According to Article 85 of the Family Code of the Russian Federation, an adult offspring has the right to receive material maintenance only in case of incapacity for work and the need for monetary support. Disabled persons are people who are disabled, that is, people with persistent health problems due to injuries, congenital problems or diseases. For the recognition of this fact, medical and social expertise is being conducted. In this case, to recover child support for
The situation is different in Ukraine. According to articles 198-199 of the Family Code of Ukraine, not only the incompetent child has the right to alimony, but also the offspring who continues his education and therefore needs money. However, the payment of alimony for an adult child who is able to work is possible if the following rules are observed:
- the parent has the opportunity to provide material assistance;
- the child is trained on the full-time department;
- the age of the offspring is over 18, but younger than 23 years.
If the parents do not enter into an agreement on the payment of alimony, the amount of payments will be determined in court in the form of a fixed sum of money.