A disabled child needs the care of his parents more than an ordinary child, since, due to physical limitations, he is deprived of the opportunity to independently provide himself with the minimum conditions for a normal existence.
Child support for a disabled child
Alimony obligations arise in relation to needy family members. The payment of alimony is often associated with minor children, although the circle of persons entitled to receive alimony is much wider. Alimony obligations can be fulfilled voluntarily by signing an agreement on the payment of alimony or on the basis of a court decision.
The maintenance of a disabled child, as a rule, is associated with serious additional costs for medical care, specialized equipment, treatment, rehabilitation, and payment for outside care. The amount of alimony depends on the degree of need of the disabled child. The rules for determining the degree of need are not legally enshrined, therefore, the court independently evaluates the financial situation of the parties and calculates alimony payments.
If a child is a disabled person of group I and needs constant care, then a parent living with the child and providing care can apply for alimony as a needy, including a former, spouse. Alimony is ordered by the court based on the application of the party in need. The payment of alimony is appointed in a fixed amount with a monthly payment.
Alimony for a disabled adult child
Alimony is paid in favor of a parent living with a disabled child until the latter reaches the age of majority. In the event that a child after the age of eighteen is incapacitated, the court may issue a decision on the payment of alimony for the maintenance of an incapacitated adult child. The court examines the material and marital status of the parties, and, based on its findings, makes a decision on the amount of monthly alimony payments. The court may recognize as disabled and in need of material support adult children with I, II and III disability groups. The payment of a disability benefit to a child cannot affect the ability to receive child support.
Parents are obliged to pay alimony to their minors and adult children in need, regardless of whether they have the money to pay alimony. The reason, place and time of the onset of disability cannot affect the obligation to pay alimony to an incapacitated adult disabled child. Malicious evasion of a court decision on the payment of alimony to needy family members is recognized as a crime and can be punished with correctional or compulsory labor, as well as arrest for up to three months.
