A child can receive alimony after eighteen years only if he is recognized as incapable of work and in need of assistance. In all other cases, the parents' obligation to pay alimony is terminated upon reaching the age of majority.
Among parents of adult children, the question often arises about the possibility of collecting alimony after reaching the age of 18. There is a widespread misconception associated with the possibility of such a penalty in the event that a child enters full-time education. Indeed, in this case, the adult retains certain social benefits coming from the state, but alimony does not apply to such payments. The current family legislation classifies the child's attainment of the age of majority as the grounds for the termination of alimony obligations, therefore, in most cases, the child can only rely on the collection of certain amounts of debts that have arisen in previous periods (before reaching the age of 18).
When can you claim child support after 18 years of age?
The Family Code of the Russian Federation provides for the only case in which the parents retain the obligation to support their adult child. This situation is possible only if the adult is disabled and in need. Disability is established by the competent authorities as a result of passing a medical commission (the degree of restriction of the ability to work). An adult child himself or his representative will have to prove the need for funds directly in court (in case of enforced recovery of alimony), for which it will be necessary to collect all information about cash receipts, property belonging to the child, fixed expenses (for example, for medicines, medical devices).
How do I get court-ordered child support?
For compulsory receipt of alimony, an adult child should draw up an application to the court, which sets out the relevant requirements. The application is accompanied by documents confirming the establishment of incapacity for work, as well as the need for additional funds. The law determines that when collecting alimony in this case, the amount of payments is always set by the court in a fixed amount, and not as a percentage of the parents' income. Consequently, in the application, the child may require a certain amount, which will be paid monthly. The final size is established by the court depending on the specific circumstances of the case, the material and marital status of the parties.
