Maintenance obligations

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Alimony - a concept that is associated with most of us with the divorce process.But I would like to clarify, maintenance obligations are imposed in other cases.The Family Code of the Russian prescribed other circumstances, when imposed child support: firstly, that the content of their parents of their minor, ie disabled children, and secondly, to provide adults, capable children of their parents because of their disability, and thirdly, the provision of essential goods to minorschildren of other relatives (sisters, brothers, grandparents), and others.

Maintenance obligations for the maintenance of the parents of minor children

collection of child support rules that are necessary for the maintenance of the minor children, spelled out in article 80 of the Family Code.Parents giving birth to a child, undertake to provide him with material goods (provision of food, clothing, personal hygiene, etc.).The amount of maintenance is calculated by parents on their own, that is, they have the right to provide their child only to those on which enough money.If the parents do not provide adequate supply of baby all the necessary maintenance are charged by the court decision.

Children who because of certain circumstances, left without parental care, in view of past deprivation of parental rights, takes charge of maintenance for the establishment of a savings account, where there is a child.And 50 percent of the amount received is for the maintenance of the minor, and the rest remain in the account at the bank, which opened in the name of the child (Art. 81-83 of the Family Code).

Maintenance obligations for the maintenance of adult children of disabled parents

disabled parents (because of serious illness, disability or injury, etc.), Destitute, are in partial collateral from their adult able to work children.Alimony provided children on their own, but in the case of non-payment of their parents have the right to write a petition to the court.There are some factors, given that the court may not impose maintenance obligations on the able-bodied children.Firstly, if it is proved that the parents do not fulfill their obligations to ensure that children under the age everything necessary.Second, if the parents have been deprived of their parental rights.

alimony calculation occurs after the court will consider the petition received from the organs of guardianship of disabled parents or disabled children.In most cases, the court postanavlivaet decision that parents must pay child support for their children in the amount of:

  • one child - 25% of salary and other funds received;
  • two children - one-third of total income, ie the order of 33, 3%;
  • three or more children - one half of the income of the parents (or parent), in other words 50%.

The court may change the amount of support in the case of one of the parties goes the claim, or completely remove the obligation.The court has the right to withdraw maintenance obligations if a competent person has committed a criminal offense in relation to a person that is charged with money.

Collection alimony ends when:

  • child reaches the age of majority and becomes fully operational;
  • if the child accrued alimony adopted (was adopted);
  • if the person paying alimony, or the person receiving the money, died;
  • person found incompetent to remarry;
  • if the person by the court decision was returned to full working capacity.