How can i get off child support

When Can I Stop Paying? [2022]

Last Updated on December 27, 2022 by Benson Varghese

In Texas, child support ends when a child turns 18 or graduates high school – whichever comes later. However, as with almost anything, there are exceptions to this rule. In this blog post, we are going to discuss these exceptions and answer some frequently asked questions about legally terminating child support in Texas.

How long are your required to pay child support in Texas?

Under Texas Family Code 154.001, parents are required to pay child support until one of the following occurs:

* the child turns 18 or graduates high school whichever comes later; or
* the child is emancipated through marriage, through the removal of disabilities of minority by court order, or by other operation of law; or
* the child dies.
The first and the third elements are self-explanatory, but what does No. 2 mean? We will explain these exceptions further below

What are the exceptions that allow early termination of child support in Texas?

If your child becomes emancipated – meaning he or she can manage their own affairs and is self-supporting – then you can legally terminate child support obligations. A child becomes legally emancipated before age 18 if he or she:
* Gets married;
* Joins the U.S. military; or
* Successfully petitions the court to be free of parental control (a judge issues an order permitting the child to have the same rights as an adult.)

In any of these instances, the court will require proof before terminating child support obligations. You can’t just stop paying; you must file a petition to terminate child support.

Can child support be extended in Texas?

Yes, if a child has a physical or mental disability that requires substantial care and supervision – and the disability exited before they turned 18 – a court can order parents to provide indefinite support.

Does child support terminate automatically?

No, child support is not automatically terminated when a child turns 18, graduates from high school, or qualifies for an early exception. The termination needs to be done legally to stop the income withholding. To do this, you or an attorney will need to file a Motion to Terminate Withholding for Child Support in the court that issued the original family court orders. A hearing will be scheduled, where the judge will review the petition and, if everything is in order, will sign an order terminating child support.

Can I terminate child support if I am past due?

If you owe back child support, the court will probably order the arrears to be paid before they will consider signing an order terminating child support. Once again, a hearing will be scheduled, and the judge will review the evidence before making a decision.

If you have any questions about terminating child support in Texas, or if you are ready to file petition to terminate child support in Fort Worth or the surrounding counties, please contact Varghese Summersett Family Law Group at 817-900-3220. Our experienced family law attorneys would be more than happy to help you through the process.

Turner Thornton

Turner Thornton is a well-known family law attorney in Fort Worth who leads the Varghese Summersett Family Law Group. Turner has successfully guided hundreds of individuals and families through the most trying period of their lives as a skilled negotiator and savvy litigator. Turner Thornton concentrates his practice on family law, including divorce, child custody, contempt, and modification cases. He is experienced in handling estates with significant and unique assets that can be difficult to value. He finds amicable resolutions where possible to conserve his client's resources, but knows how to take the gloves off if the situation calls for it. He has had remarkable results in and outside of the courtroom based largely on his ability and desire to understand his clients' needs and guide them on the pathway to what success looks like for them.

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Florida Dept. of Revenue - Changing a Support Order

An order to pay child support can be changed (or modified) by the court or administrative agency that issued the order if the circumstances of either parent change after the order is issued. Until an order is changed, terminated or vacated, the amount ordered is owed and legally enforceable. To understand how the law applies in your situation, you should seek legal advice from a licensed attorney.

Do I Qualify for a Review of my Child Support Order?

How to Request a Change to a Support Order

Either parent with a child support case can ask the Child Support Program to review their support order to see if the order should be changed. Parents can also file a petition in circuit court to change their support order.

What Happens When You Ask the Child Support Program to Review Your Support Order

First, the parent making the request gives their financial and other information to the Child Support Program for review. Once this information is received, the Program contacts the other parent to obtain their information. The Program reviews the parents' information to determine if there is a substantial, permanent, and involuntary change, or it appears there are other legal grounds to change the order. When the Program completes the review, it mails the results to both parents.

If the Program Determines the Order Should Change

If the review shows the order should be changed, the Program may start a proceeding to change the order. The steps to change an order depend on whether the order is a court order, an administrative support order issued by the Program or if another state issued the order. To change a court order, the Program involves a Program attorney who handles the court action. To change an administrative support order, the Program starts by notifying the parents of the proceeding to change the order. Parents are entitled to a formal hearing before a court or administrative order is changed.

If the support order was issued by another state, that state may need to review and modify the order, if appropriate. If that is the case and you make the request to the Program, we will forward your request to the other state.

If the Program Determines the Order Should Not Change

If the Program determines the order should not change, we notify the parents of our decision and take no further action.

What is a Change in Circumstances?

The parent seeking to change (or modify) a support order has the burden to prove a change in circumstances. In most cases, before an order can be changed, a parent's change in circumstances must be substantial, permanent, and involuntary.

If it has been less than three years since the support order was issued, reviewed or changed, a substantial change means that the change in circumstances would cause a change in the order amount that is at least 15 percent but not less than $50. If it has been more than three years since the support order was issued, reviewed, or changed, a change in circumstances means the change would cause a change in the order amount of at least 10 percent but not less than $25.

A permanent change in circumstances depends on the specific facts of the case. In most cases, to prove a permanent change, one must show the change has lasted for six months or more. Temporary or short-term changes are not enough to prove a lasting, permanent change. For example, a loss of employment is not a permanent change if you expect to find new employment. In some cases, a parent may be able to prove a permanent change right away; for example, a severe, life-changing injury or illness or retirement at the normal retirement age.

An involuntary change, comes about through no fault of the parent, like an extended illness or employment layoff. A voluntary change is a result of the parent's own choices. A voluntary change does not meet the standard for a support order to be changed. Examples of voluntary changes include quitting a job, being terminated for reasons within the parent's control, taking a lower paying job, or engaging in criminal conduct that results in incarceration.

Note: A support order change (modification) involves applying the law to the specific facts of the case. The general principles here are only a partial statement of the law and are not legal advice. Only a licensed attorney is authorized to provide legal advice based on the specific circumstances of your case.

Other Resources

Either parent can file their own petition in circuit court to change (modify) a support order. You can hire a lawyer of your choosing or file your own petition and represent yourself. Other resources you may find helpful include:

Florida Courts Self-Help Page for Child Support
Find a Florida Courts Self-Help Center Near You
Florida Courts Self-Help Resources
Download the Florida Courts Help App | Google Play Store | Apple App Store
Florida Bar Legal Referral Service
Florida.FreeLegalAnswers.org

How not to pay alimony legally in 2022 to a father for a child in a divorce

Maintenance

When each of the spouses has children left from a dissolved marriage to support
Take children to live with you
When children are raised by divorced parents together
When children reach the age of majority
When a minor marries
When a minor receives early emancipation status
How to get rid of alimony by agreement of the parties
Is it possible to somehow replace regular payments
When circumstances came into force under the agreement
When there was adoption or adoption by other persons
To challenge paternity
myths
With the help of a divorce
Buy what you need instead of paying alimony
Wife will have to pay
If you do not work officially
If you work
If you have IP
How to get away from payments to illegitimate children
It is useful to remember

How to avoid alimony out of marriage

How to avoid alimony when divorcing

How to get away from alimony if you work

as get away from alimony if you don’t work

how to get away from alimony if you have an individual entrepreneur

is it possible not to pay alimony and buy everything a child needs

how to avoid paying alimony tips

I don’t want to pay alimony to my wife

how to reduce the amount of alimony at the birth of a second child

how to avoid criminal liability for non-payment of alimony

how to conclude an agreement on alimony

malicious non-payment of alimony is how much

Many former spouses or just former cohabitants are concerned about the question: how not to pay alimony in a legal way. In some cases this is possible. nine0003

But there are many stable myths and conjectures circulating on this issue, on the basis of which advice is given orally or in the form of illiterate publications on how to avoid paying alimony. This is fraught with consequences.

I will try to give you the right answers, to warn against mistakes and rash actions.

In what cases is the payer exempt from paying alimony

When each of the spouses has children left from a dissolved marriage

It is possible to avoid paying child support on this basis, but not in all cases. Even an officially formalized division between former spouses in the 50/50 format (with a multiple number of children) by way of an Agreement or a court decision does not guarantee the absence of grounds for the payment of alimony by one of the spouses.

The point here is that the Family Code highlights the property interests of a dependent as a special priority even in the case when an equilateral division of children and joint property has been made between the latter. nine0003

Section 3.83 of the UK reads:

“If there are children with each parent, the court will determine the amount of alimony in a fixed amount of money payable monthly, and collect it from one parent in favor of the other, less well off.”

This means that when, after the dissolution of the marriage, the division of children and property, one of the parties' financial situation worsened, then this party has the right to alimony.

So, it is possible to avoid child support by dividing joint children if:

Their number is subject to multiple division and the division is made in equal proportions.
There is no significant difference in the level of material support of the parties after the dissolution of the marriage.

In some cases (often in wealthy families, if it is impossible to determine the amount of alimony, they can be assigned even if the financial situation of both parties is high, when the child of one party has become less financially secure than before the dissolution of the marriage of the parents, although not in what it doesn't need. 0003

“The size of the fixed sum of money is determined by the court based on the maximum possible preservation of the previous level of support for children, taking into account the financial and marital status of the parties and other noteworthy circumstances.”

When divided, this means that when, after the dissolution of the marriage, both parties have an adequate level of material security, but for the child of one of the parties it still turned out to be lower compared to the level before the parents' quarrel, then this is the basis for the payment of alimony. nine0003

Take the children to live with you

The obligation to pay child support ends when the children officially live in the child support family. But even with the consent of the parties (former spouses), this is not easy to do, since the consent of the children themselves is also required (not in all cases).

The conditions of the alimony (a new family, living space, earnings, health, having time to raise a child, social vices of a parent, a negative past, etc. , etc.) can also become an obstacle. nine0003

When there is no consent between the parents, then it is possible to take the minor home only through the court with the participation in the process of the guardianship and guardianship authorities, as well as the prosecutor's office (for monitoring the legality). At the same time, the grounds must be very serious, including:

Asocial lifestyle of the parent (alcoholism, drug addiction, prostitution, problems with administrative and criminal law, etc.).
Child abuse.
Serious health problems (disability, registration in a venereal or TB dispensary
Obvious and systematic neglect of parental responsibilities.
Mismatch of living conditions.

For your information: when a mother uses the received alimony for other purposes, this is not an independent reason for taking the child to the father (less drastic measures are usually applied).

Expert opinion

Yulia Mikhailova, lawyer

I would like to add that the alimony is not automatically canceled and reassigned to another parent. nine0003

The former child support payer must apply to the court to set aside the collection of support from him, and also, if desired, to collect it from the other parent.

Well, health problems in and of themselves, such as disability, being registered in specialized dispensaries, are not an obstacle for dependents to live with this parent. The key role is played by the degree of working capacity, the nature and social danger of the disease, the reason for the dispensary registration. nine0003

With regard to co-parenting, whether they are married or not, maintenance obligations from the point of view of the law can arise only on the basis of a voluntary agreement of the parents, certified by a notary, or a court document (court order or court decision).[/ expert_bq]

When children are raised by divorced parents together

There are no grounds for alimony when both parents are raising, with equal or mutually agreed material and non-material participation. nine0003

This is possible by virtue of paragraph 2. 54 UK:

“Every child has the right to live and be brought up in a family, as far as possible, the right to know his parents, the right to their care, the right to live with them, with the exception of when it is contrary to his interests.

This format is usually practiced when there is full agreement between the divorced and the minor. But with the official dissolution of marriage, joint upbringing is necessarily formalized by the Agreement. nine0003

When children reach the age of majority

According to the provisions of the Family Code:

“Parents are required to support their minor children” - paragraph 1. 80 UK.
“A child is a person who has not reached the age of eighteen years (majority).” - paragraph 1 of Art. 54 SC.

Accordingly, when the dependent reaches the age of 18, the obligation to support is terminated.

When a minor marries

According to paragraph 2. 21 of the Civil Code of the Russian Federation, a minor legally married acquires legal capacity in full from the moment of marriage. At the same time, legal capacity is preserved even in the event of a divorce before the age of eighteen. nine0003

According to paragraph 1. 13 of the Civil Code of the Russian Federation, the age of marriage is set at 18 years. But, according to paragraph 2 of the same article, for good reasons (usually pregnancy), local governments can allow marriage from the age of 16 at the request of the spouses.

For your information: the second paragraph of paragraph 2 of Art. 13 of the Civil Code allows permission to marry and up to 16 years of age as an exception, but if there is an appropriate legal framework in a separate subject of the Russian Federation.

The alimony obligation may be terminated when the minor receives the status of legal capacity until the age of majority due to his early emancipation. nine0003

This is possible by virtue of 27 of the Civil Code of the Russian Federation: a minor who has reached the age of 16 can be declared legally capable when he has official employment or is officially engaged in commerce.

For your information. Emancipation (lat. emancipatio) is the rejection of various kinds of social dependencies of the weaker ones on the stronger ones: the termination of restrictions, the acquisition of full rights and obligations. In this case, it is the refusal of dependents from the social dependence of their parents (trustees) and the acquisition by minors of legal capacity. nine0003

At the same time, in order for a minor to obtain the status of legal capacity, simply official work or commerce from the age of 16 is not enough:

Official confirmation (declaration) of legal capacity is required from the guardianship and guardianship authority.
Consent of both parents required.

Attention! When the guardian refuses the payer's consent to declare his child legally capable by emancipation, then this consent may replace the court decision when the court considers that such a decision does not infringe on the interests of the minor. nine0003

How to get rid of alimony by agreement of the parties

It is possible, when the recipient party agrees not to collect alimony and take all the costs of maintaining a dependent, in view of the provisions of paragraph 1 of Art. 80 UK:

“The procedure and form for providing maintenance to minor children are determined by the parents themselves.”

However, it is impossible to simply refuse alimony:

It is necessary to conclude an appropriate Agreement, in accordance with paragraph 1. 24 of the UK. nine0006
When dissolving a marriage, provide the court with evidence confirming the ability of one of the parents to independently support the child, and that such an agreement does not infringe on the interests of the minor (otherwise, paragraph 2 of article 24 of the UK is applied by the court).

When the refusal of alimony occurs after the dissolution of the marriage and the approval of the alimony by the court, then the Agreement must be approved by the court, and also checked by the guardianship and guardianship authorities for possible infringement of the interests of minors. nine0003

Is it possible to somehow replace regular payments? 16 SC.

Clause 1 104 of the UK states:

“Methods and procedures for paying alimony under an agreement on the payment of alimony are determined by this agreement.”

Clause 2 of this article indicates that, by agreement of the parties, periodic payments of alimony in shares of income or a fixed amount can be replaced by:

For a one-time payment of the entire settlement amount.
For a one-time offset of the estimated amount with valuable property (real estate, securities, assets, etc.).

At the same time, a combination of different repayment options is allowed, but any option to replace the standard payment options requires verification by the guardianship and guardianship authorities.

Attention! According to Art. 100 UK, An agreement between spouses on the payment of alimony requires notarization. nine0003

When the payment of alimony was not voluntary, but collected by the court, then various forms of offsets under the Agreement must be approved by a court decision with the participation of guardianship and guardianship authorities.

When the circumstances under the agreement come into force

In the Support Agreement, the spouses can specify various conditions upon which support payments will stop. For example, it can be entering into a new marriage, emigration, etc.

But here the main principle is also preserved - the provisions of the concluded Agreement should not infringe on the interests of children. At the same time, the interests of the child should not be violated either during the conclusion of the Agreement, or with the possible entry into force of any of its clauses. nine0003

When there was an adoption or adoption by other persons

When adopting / adopting by other persons, it is possible to terminate the obligations for alimony of biological parents, on the basis of clause 2 (paragraph 3) of 120 UK. But this is only an opportunity, and not automatic termination after adoption / adoption, although Art. 120 the specified norm is spelled out in such a way that it can be misleading.

Here's the thing:

Adoption requires a court decision and the consent of the biological parents/parent (when they or one of them is not deprived of parental rights). nine0006
In addition to paragraph 2 of Art. 120 of the UK there is paragraph 3. 137 of the UK, according to which the property (and other) rights of minors can be preserved even after his adoption / adoption. The key person who decides whether or not to keep these rights for the children is his/her guardian parent (usually the mother who receives the child support).
Paragraph 17 of the Resolution of the Supreme Court of the Russian Federation No. 8 (dated April 20, 2006 - “On the application of legislation by the courts when considering adoption cases”) states that a court decision on adoption does not exempt the biological parents (parent) from further alimony payments, when the action of clause 3 of Art. 137 of the UK on the preservation of the property rights of the second biological parent for children. nine0006

And what, for example, should a spouse-alimenter do if he wants to get rid of alimony, because his child wants to be adopted by his stepfather in a new family, but the mother does not want to refuse alimony under paragraph 3 of Art. 137 SC? In such a situation, it is possible to “exchange” the notarized consent to adoption for the non-application of the specified clause in the adoption court.

Contest paternity

The child support obligation can be terminated by protesting paternity. A spouse registered as a father by law can challenge his paternity in court, in accordance with paragraph 1. 52 of the UK (based on genetic examination data). At the same time, the statute of limitations does not apply - you can protest at any time, even after the child has reached the age of majority. nine0003

The biological data of a parent is not always enough to challenge paternity.

When paternity was established by a parent who is not legally married to the mother of the child on their joint application, on the application of the father, or by court decision (according to paragraph 2. 51 of the UK), the paternity challenge is not satisfied when the court establishes that at the time of recording, this person knew that he was not biologically the father (according to paragraph 2 of article 52 of the UK).

That is, when you agree to register yourself as the father of other people's children from a woman with whom you are not legally married, then this woman acquires the right to alimony, which cannot be challenged on the basis that her baby is not yours. Such is the strict protection of the law of illegitimate children. nine0003

For more details on legal evasion of alimony, see the video:

When it is impossible to escape from alimony, contrary to myths

myths and conjectures. But right away you must understand the main principle in maintenance payments:

The interests of the child come first.
In second place are the interests of the trustee. nine0006
The interests of the alimony are in third place.

In some situations, the secondary priorities of the guardian and the alimony may change, but the interests of minors always remain a priority.

Through divorce

When the interests of a dependent require the payment of alimony, then it is impossible, because the divorce of a husband and wife concerns the initiatives of the spouses, but not the children. “Parents are obliged to support their minor children” - this is what paragraph 1 of Art. 80 SK and this is approved in other regulatory legal acts of Russia. nine0003

The only possibilities here, according to the UK (clause 2, article 120, etc.), are as follows:

Coming of age.
Obtaining the status of full legal capacity before reaching the age of majority.
Adoption.
A custodial parent waives support when the child's best interests are not affected.
Change of custodian parent to support parent.
Joint upbringing by former spouses.
Division of children with full equality in their material support. nine0006
Death of a support parent.

For example, when the parents divorced, but for some reason there is no agreement on alimony and a court decision on this issue, and the interests of the dependent suffer, then the alimony claim is filed by the territorial guardianship and guardianship authorities (for one of the parents or on both), in accordance with paragraph 3 of Art. 80 SC.

That is, the issue of alimony after the dissolution of marriage cannot but rise or hang in the air - one way or another, it must be resolved. nine0003

Buy what you need instead of paying alimony

You can buy everything you need (according to the alimony), but such purchases are not exempt from paying alimony under the terms of the Agreement or by a court decision. Although in disputes over the main place of residence of a dependent, such care will be taken into account by the court.

Of course, there are situations when a conscientious alimony sees that his alimony is spent by the trustee for purposes not related to the maintenance of children. At the same time, the law allows through the court to ensure that half of the funds paid by the alimony are credited directly to the dependent's bank account, but the trustee will still receive the rest, in accordance with clause 2 (paragraph 2). 60 SC. nine0003

A more radical and more time-consuming solution is to deprive a negligent parent of guardianship with the transfer of guardianship rights to the second spouse. When the ex-husband succeeds, then his wife will be puzzled by how to avoid paying alimony to the father.

Wife will have to pay

It happens that ex-husbands say that they do not want to pay alimony to their wife, suspecting (often not without reason) that she spends most of the money on herself. This usually applies to cases where alimony is paid from a share of the ex-spouse's large income (large salary, business). nine0003

But here the law is unequivocal: item 2 (para. 1) art. 60 UK determines the recipient and administrator of alimony of the parent-custodian. Paragraph 2 of this article makes it possible to transfer half of the alimony to the account of a child from whom the trustee is not entitled to take money just like that (they are deferred until the dependent becomes legally capable, when he can dispose of them).

But the guardian parent manages the second part of the alimony. Here you can only convict an unscrupulous parent of misappropriation and hold accountable for this under 5.35 of the Code of Administrative Offenses (Failure to fulfill parental duties). Although the measures of influence there are only fines. nine0003

But there are situations when an unscrupulous mother does not earn money, leads a wild life on large alimony, while often leaving the child alone, abusing alcohol, then the father has a chance to initiate the restriction (or even deprivation) of parental rights (73-75 UK ) ex-wife on the basis of facts of being left in danger, etc.

For example, when a negligent mother left a minor alone for a long time, lawyers can qualify this as being left in danger. Especially when he, being alone at home, received any, even minor injuries. nine0003

If you do not work officially

You cannot avoid child support on the basis of lack of official earnings. If the alimony does not have official employment, then the alimony is paid:

From unemployment benefit in shared form, when available.
In the form of a fixed sum of money established by the court, when the alimony does not work and has no other official income (clause 1, article 83 of the UK).

The amount of the fixed sum of money established by the court is determined by the court in accordance with the regional subsistence minimum standards, in accordance with 117 UK. nine0003

See also:
What is the punishment for malicious non-payment of alimony this year

If you work

It is impossible to avoid alimony if you have official income. But you can significantly reduce the size of payments, having a low-paid job - up to symbolic amounts.

But at the same time, when the amount of payments is symbolic, according to official earnings, and the actual "gray" salary is paid in an envelope, then the trustee has the right to initiate a check of the alimony employer through the court. nine0003

In addition, when the share form of alimony calculation leads to the receipt of symbolic amounts for the maintenance of the child, the trustee has the right to apply to the court for changing the form of alimony calculation to a fixed amount of money.

If you have a sole proprietorship

It will not be possible to evade alimony payments in case of individual entrepreneurial activity. Although theoretically it may seem that this is possible when the calculation of payments is set in share terms, and the IP activity shows zero income. nine0003

However, in this case, clause 4. 113 of the UK comes into force, according to which the zero income of an individual entrepreneur will be considered as non-payment of alimony, added to the debt. And this debt for the entire period of zero income will be calculated by the average wage in Russia (and not in the region) at the time of collection of the resulting debt.

It is better not to form debts, because it is unprofitable for the alimony holders themselves.

How to avoid payments for illegitimate children

Alimony is also relied on for an illegitimate child. And when the trustee intends to collect payments, then they cannot be evaded. However, the custodian party can refuse alimony or adopt / adopt your illegitimate child - then alimony can be saved. nine0003

Also, when the mother of your illegitimate children has another cohabitant (not a legal spouse) and he signs his paternity, knowing that the children are not from him, he will officially become the father and the maintenance obligation, including possible alimony, will pass to him.

Good to remember

- When you are seriously concerned about how to legally bypass child support, contact a lawyer who will study the situation and give recommendations that will not harm you and may help you solve the problem. nine0006
- An agreement between former spouses has the force of an enforcement order.
- Taking children from mother to father is much more difficult than vice versa.

Upon reaching the age of majority, but remained incapacitated (for example, due to disability), the obligation to pay does not stop.
In addition to children, according to paragraph 1. 90 of the UK, the mother also has the right to money from her ex-spouse - during pregnancy, and further up to 3 years after birth. But unlike a child, this takes into account the possibility of a former spouse for such payments. nine0006

“He wants to take money from me”: how parents collect alimony from children alimony for his maintenance - the man lost his part-time job and lived only on a small pension.

“It was strange when the summons came to me. I called my father, although we didn’t communicate much, since he left my mother when I was 14 years old. As far as I know, he did not pay alimony himself, sometimes he sent a penny, which, obviously, would not be enough to feed the child. Now he wants to get money from me,” the girl was indignant in a conversation with Gazeta.Ru. nine0003

The parent explained to Anastasia that he was in a distressed condition - he literally did not have enough to live on. The man offered two options: for the daughter to send him a fixed amount every month on her own, or, in case of refusal, he will continue to collect alimony from her through the court.

“I was outraged by all this. A person who communicates with me almost once a year asks me to provide for him. And it doesn't matter that I have a baby who also needs to be fed. In the end, I decided to go all the way and hired a lawyer,” she explained. nine0003

The girl's lawyer first tried to explain to her father that Anastasia had no way to help him, but he replied that he "doesn't care". Then the collection of evidence began that Anastasia's father had not helped or communicated with her since her teenage years.

“The process dragged on because my mother died and, in fact, my word was against his. The court session was already scheduled - for the first time they lost. I was assigned to pay him a penny like 4% of earnings, but this has already become a matter of principle, ”said the Muscovite. nine0003

As a result, after filing several appeals, Anastasia and the lawyer managed to prove that her father was bankrupt as a parent, and payments in his favor were cancelled.

“We didn’t have love with them”

41-year-old Ekaterina from Murmansk, along with her brother and sister, got into a similar story. Their parents did not take care of their children all their childhood - they were either left alone or sat with relatives.

“You yourself understand that as such, we didn’t have any kind of love with them, therefore, as soon as we grew up, we immediately dispersed around the country, where we began to build our own lives. Now my parents are very old. Only the younger sister helps them, because, one way or another, she believes that she owes them, ”the woman said. nine0003

Just a couple of months ago, Ekaterina's mother called and said that she and her father were going to file for alimony, since all children were allegedly obliged to help them.

“We phoned my brother and sister to discuss this application. We, the elders, were offended by our parents and were not going to pay them, because at one time they did not help us, we survived as best we could. The youngest decided to talk to them, but they remained adamant,” she said.

In the course of the proceedings, the children failed to prove that their parents did not take good care of them, and the court ordered everyone to pay 7% of their earnings until the end of their relatives' lives. nine0003

“We tried to challenge this decision, but they [the parents] fit the bill in every way. We discussed it with my brother and decided to put up with it, because nothing can be done, ”concluded Ekaterina.

“They charge for medicines, nurses and cleaners”

Parents can award alimony from their children in almost all cases, unless it is proved that at one time they did not properly fulfill their parental duties: maintenance of the child, payment of alimony, etc. further, lawyer Alexander Redkin explained. nine0003

“At the same time, the law clearly states that this can only be the basis for refusing child support, that is, not a 100% reason.

Guaranteed refusal promises only in case of deprivation of parental rights,” he said.

A disabled, needy parent has every right to file for alimony in respect of their adult child, since they are required by law to support their parents, confirmed the head of the family law practice of BGP Litigation, president of the Lawyers Help Children Charitable Foundation Victoria Dergunova. nine0003

“The need is checked by the courts in the same way - if a parent has no other source of income other than a pension, then he is needy, according to judicial practice. At the same time, you need to understand that in this case, all adult children are involved in payment - not only the one to whom the parent sued.

The only reason that exempts from the obligation to support his parent is the improper performance of his parental duties. The proof in this case will be administrative or criminal liability for non-payment of alimony, ”the lawyer emphasized. nine0003

As Redkin noted, sometimes a parent who is left alone with a child prefers not to apply for alimony in order to protect the children for the future - allegedly, since the parent did not pay child support, he will not apply for them himself. But it's not.

“Many mothers think: if they don’t file alimony, they don’t start enforcement proceedings, that is, there is no evidence that she applied for alimony, then in the future, in the case of a demand for payment from children by the father, she will be able to justify this fact. However, it doesn’t matter whether the parent paid child support or not (if they were not assigned to him) - almost always the court will collect money from the child for maintenance, ”he said. nine0003

Dergunova, in turn, gave several examples from the practice of such cases. So, some parents who did not communicate with their children when they were small to receive alimony, say that the former spouses did not allow them to see the child.

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