Who, when and under what conditions can count on receiving parental support from children?
The obligation of able-bodied children who have reached the age of majority to pay child support in favor of their parents arises primarily when the parents are disabled. In addition, children are required by law to support their parents when their own earnings or pensions are not enough to provide them with normal living conditions. Thus, the concepts of alimony for the maintenance of elderly parents, retired parents or disabled parents are, in fact, synonymous.
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Who is responsible for harm caused by a child under 14 years of age?
Parents, unless they prove that the harm was not their fault. If at the time of the harm the minor was under the supervision of a school, hospital, health camp, etc., the institution will be responsible for the harm unless it proves that the harm was not its fault. But if the parents do not have sufficient funds to compensate for the harm, and the offender himself, having become legally capable, has such funds, the court has the right to demand compensation for the harm from the one who caused it.
Parents also bear property liability for transactions involving young children (under 14 years of age).
Does the right to alimony apply to citizens living in other countries?
Article 118 of the RF IC indicates that if a citizen leaves for permanent residence in another state, then he is also entitled to voluntarily sign an agreement on the transfer of alimony with those family members whom he needs to support on the basis of the law.
“If an agreement is not reached, then, by analogy with the previous situation, the interested person has the right to come with an application to the court, demanding that the amount of alimony be established and its collection by transferring him a lump sum payment, providing one or another property as payment, or in some other way, provided for by law,” explains Ekaterina Antonova.
Corpus delicti
The object of the crime is the child (or children), as well as their feelings, moral, intellectual, psychological and physiological development.
The subject of the crime is the parent, guardian or teacher responsible for the minor.
The objective side is failure to fulfill responsibilities for raising and caring for a child, improper performance of these duties, harsh treatment of a minor.
The subjective side is the responsibility of the offender for the crime committed.
In what situations do children have the right not to pay child support?
The law provides for a number of exceptions that allow children not to pay financial assistance to their needy parents. They can be relieved of the need to support their parents in the following cases:
- The court found that the parents withdrew from fulfilling their parental responsibilities
- Parents were previously deprived of parental rights
- Parents are in the care of an organization or a citizen (citizens), for example, a parent has entered into an agreement providing for his lifelong support at the expense of this organization or citizen
- Parents live free of charge in homes for the disabled and elderly or some other inpatient social service organizations
Child support for parents: judicial practice from an expert
In 2010, citizen B. exercised the legal right to file a claim in court against her adult son A. to collect 10 thousand rubles from him monthly for her maintenance. To substantiate her claims, the citizen indicated that she is not just his mother, but also a pensioner and a disabled person of group 2-1, and also suffers from various diseases and needs care and the purchase of medicines. At the same time, her only income is an old-age pension, and her son refuses to voluntarily help her. The defendant did not appear at the court hearing and did not admit the claims. At the same time, the magistrate refused to satisfy citizen B.’s claim.
Having checked the case materials and considered the arguments set out in the supervisory appeal, the supervisory court found the court decisions subject to cancellation on the following grounds:
- the court did not take into account the provisions of the Constitution of the Russian Federation, which establish the unconditional and primary duty of adult able-bodied children to provide for their disabled parents in need. In addition, the financial situation and family circumstances of the children do not matter, since the transfer of alimony is within the scope of their constitutional responsibilities;
- the court did not allow the parties to discuss the issue of the relationship between the plaintiff’s needs and her income: the fact that citizen B. has a pension and also enjoys periodic support from the state due to disability does not serve as a reason for refusing her alimony.
Taking into account the above, B.’s civil case was sent for a new trial with a different composition of judges. As a result, the claim for alimony was satisfied.
