Who Is Entitled To Alimony

Table of contents:

Who Is Entitled To Alimony
Who Is Entitled To Alimony

Video: Who Is Entitled To Alimony

Video: Who Is Entitled To Alimony
Video: Alimony - Who is Entitled to Spousal Support? 2024, December
Anonim

Family disputes are always the hardest in moral pay. Since people who are members of the same family or former spouses suddenly become indifferent to each other's needs. Each person may find himself in circumstances when he needs material assistance and support of loved ones. The obligation to support needy family members and former spouses is regulated by the legislation of the Russian Federation.

Who is entitled to alimony
Who is entitled to alimony

Instructions

Step 1

Alimony is money intended for maintenance. As a rule, alimony obligations arise from family relationships. There are two procedures for paying alimony: by agreement of the parties and on the basis of a court decision. The right to receive and the obligation to pay alimony are regulated by the Family Code of the Russian Federation.

Step 2

Children and parents are responsible for supporting each other. The obligation of a parent to provide support for his minor child arises, regardless of whether the child lives with the parent and whether he needs to receive a means of subsistence. Alimony is paid to the parent living with the child and is earmarked, i.e. should be spent only on the maintenance of the child.

Step 3

The payment of alimony to a child stops upon reaching the last 18 years of age, with the exception of the child's incapacity for work and a difficult financial situation. Disabled persons are persons with disabilities of the 1st group who receive a small disability pension. A child in need of funds to continue his studies at the university cannot count on the payment of alimony.

Step 4

In case of voluntary payment of alimony to a child, the amount can be fixed and secured by agreement of the parties independently. In the event of a judicial recovery of alimony, the amount of alimony is determined based on the parent's income, and is collected as follows: for one child - 1/4 of the amount of income; for two children - 1/3 of the amount of income; for three children or more - 50% of income.

Step 5

Considering that alimony obligations are mutual, parents who have fulfilled their responsibilities for raising a child are duly entitled to receive alimony. A parent can expect to receive alimony from his able-bodied and adult child, subject to reaching retirement age, or having a disability group I and II. As a rule, the amount of alimony for the maintenance of a parent or parents is set by the court in a fixed amount and is collected monthly.

Step 6

Alimony obligations may arise not only in relation to children or parents, but also in relation to spouses, including former ones. Alimony to spouses and ex-spouses, in the absence of mutual understanding and agreement of the parties, is recovered by the court.

The following can count on receiving alimony: a spouse who is incapacitated; wife during pregnancy and within three years after the birth of a common child; a spouse providing care for a joint disabled child. These circumstances also apply to former spouses.

Step 7

Alimony obligations can be established in relation to other family members. The obligation to pay alimony may arise for adult and able-bodied brothers and sisters, in relation to their minor brothers and sisters. Provided that this content cannot be provided by the parents.

Step 8

Mutual obligations to pay alimony may arise between grandparents and their grandchildren. Provided that some are really in need, while others are able to provide the necessary material assistance.

Step 9

The court may establish alimony obligations in relation to pupils and their actual educators, stepdaughters and stepsons in relation to the stepfather and stepmother.

Recommended: