One of the obligations of parents is the maintenance of their minor child, this is provided for by article 80 of the Family Code of the Russian Federation (hereinafter - the IC of the Russian Federation). In accordance with part 1 of Article 85 of the RF IC, parents must also support their disabled adult children in need of assistance.
Instructions
Step 1
In the event that the child lives separately from the parent, the parent is not relieved of the obligation to support his child. In this case, the other parent with whom the child lives, as well as the adoptive parent, guardian or guardian of the child, adoptive parents, the administration of the child care institution in which the child is brought up, the guardianship and guardianship authorities have the right to demand the payment of alimony.
Step 2
When there is a need to collect alimony for the past period, there are 2 options: 1. When the court has not previously applied for the award of alimony.
As a general rule, alimony is awarded from the moment it goes to court. However, they can also be recovered for the previous period within a three-year period from the date of the appeal to the court, if the court establishes that before the appeal to the court, measures were taken to receive funds for maintenance, but the alimony was not received due to the person's evasion of their payment. This is established by part 2 of article 107 of the RF IC.
Step 3
2. When there is: (a) a notarized agreement on the payment of alimony between the parent obligated to pay the alimony and the person entitled to receive in favor of the child; (b) a writ of execution issued on the basis of a court decision ordering an order to pay alimony, but the debtor evades paying alimony.
In this case, part 2 of Article 113 of the RF IC established the rule that if the alimony was not withheld through the fault of the person obliged to pay the alimony, then the alimony is collected for the entire period, regardless of the three-year period established by part 2 of Article 107 of the RF IC.
