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How old to pay child support


Child And/Or Spousal Support | NYCOURTS.GOV

FAQs (Frequently Asked Questions)

  • Until What Age Is a Parent Obligated to Support a Child?
  • Who May File a Petition for Child Support?
  • Do the Parties Need to Be Represented by Lawyers?
  • What Documents must Be Brought to Court?
  • What Happens at the Hearing?
  • What If the Parties Disagree with the Support Magistrate's Order?
  • What Happens If the Respondent Does Not Pay the Order?
  • Can the Order Be Changed?
  • What If a Custodial Parent Is Seeking Support from a Parent Who Lives Outside of New York State, or in a County in New York State That Is Far from the Child's Home County?
  • Can a Petition Be Filed Against a Husband or Wife for Spousal Support?

 

Until What Age Is a Parent Obligated to Support a Child?

In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.

A child may also be considered "emancipated" if he or she is between 17 and 21, leaves the parents' home and refuses to obey the parents' reasonable commands.

Who May File a Petition for Child Support?

When parents live separately and one parent has custody of the child, that parent, called the "custodial parent", may file a petition in Family Court asking the court to enter an order for the "non-custodial parent" to pay child support.

A child who is not emancipated and is living away from both parents may file a petition against his or her parents asking for an order of support to be paid to the child.

When a child is receiving public assistance benefits, or is living in a foster home and receiving foster care benefits, the Department of Social Services may file a petition against the non-custodial parent or parents asking that the court enter an order for child support to be paid to the government agency while it continues to pay benefits for the child.

The party filing the petition is called the "petitioner" and the party from whom support is sought is the "respondent". The petition must be served upon (delivered to) the respondent, together with a summons indicating the date of the court hearing.

There are no filing fees in Family Court.

Do the Parties Need to Be Represented by Lawyers?

The parties may hire lawyers to represent them or may speak for themselves without a lawyer.

Where a party cannot afford to hire one, the court will assign a lawyer at no cost, only when it is alleged that there has been a violation of the order and a party is in danger of going to jail.

 

CourtHelp - Lawyers & Legal Help

What Documents must Be Brought to Court?

The parties must provide copies of their most recently filed tax returns, some recent pay stubs, and a completed financial disclosure statement showing their earnings and expenses. The parties should also bring to court proof of their expenses, such as rent, food, clothing, medical costs, child care, education and the cost of supporting other children.

What Happens at the Hearing?

A "Support Magistrate" conducts the hearing, taking testimony from both sides concerning their income and expenses and the cost of supporting the child. The parties can present evidence and witnesses and cross-examine each other and the witnesses. The Support Magistrate calculates how much support the non-custodial parent must pay to the parent with custody, and sets a schedule for regular payments. Payments may be paid directly to the petitioner or through the Support Collections Unit ("SCU"). SCU, which is not part of the court, will then send the money to the petitioner.

There is an informative twenty minute video which, in a step by step manner, will take you through the process of a paternity or child support proceeding in the New York State Family Court. You will learn what documents are necessary and what to expect in the court room.

"What You Need to Know About Child Support Hearings and Services" (Video)

What If the Parties Disagree with the Support Magistrate's Order?

Both parties have the right to appeal the order by filing an "objection" within 30 days of the date the order is sent to them. The objection must be filed with the court clerk's office, with a copy sent to the other party. The other party may send a reply to the court. After reviewing the case file, a judge then rules on the objection. The judge may leave the order as it is, change it, or send the case back to the Support Magistrate for further proceedings. If either party disagrees with the judge's decision, the case may be appealed to a higher court.

What Happens If the Respondent Does Not Pay the Order?

The petitioner may file a "violation petition" asking the court to take action against a respondent who fails to pay a support order. The petition must be served upon (delivered to) the respondent. A hearing is then held to decide whether the respondent has violated the court's order. The Support Magistrate may enforce the order by directing SCU to take the payments directly from the respondent's paycheck, order the respondent to pay a lump sum toward back monies owed, or take other steps to collect the money owed.

A respondent who falls behind in payments also risks having his or her driver's license or professional and business licenses suspended, bank accounts seized, passport revoked, and tax refunds intercepted.

If the respondent is found to have willfully and voluntarily failed to pay a child support order, he or she may be jailed for up to six months, for contempt of court.

You can use the free and easy DIY Form program to make your petition to ask the Family Court to take action against a respondent who fails to pay a support order.

*DIY (Do-It-Yourself)

Can the Order Be Changed?

If there is a change in circumstances, either party has the right to file a petition to modify the order. The party seeking a change in the order must file a modification petition containing a statement explaining the change. The petition and a summons must be served upon (delivered to) the other party. The court then holds a hearing to consider changing the order.

Orders paid through the Support Collections Unit will be reviewed automatically every three years for possible "adjustment" (change), upon request of either party, and in all cases where the person with custody of the child receives public assistance for the child. The parties are notified of their right to request that SCU review the order, and, following the review, are each notified of the possible change in the order. If they disagree with the proposed new order, they may request a hearing before a Support Magistrate, and a new Support order will be established.

You can use the free and easy DIY Form program to make your petition to ask the Family Court to change your support order.

*DIY (Do-It-Yourself)

What If a Custodial Parent Is Seeking Support from a Parent Who Lives Outside of New York State, or in a County in New York State That Is Far from the Child's Home County?

If the custodial parent lives in one state and seeks support from the other parent who lives outside of that state, an inter-state case may be filed in the Family Court, under the Uniform Interstate Family Support Act (UIFSA). A UIFSA case may also be filed in Family Court when the parents reside in two different counties within New York State which are not located next to one another. A New York City petitioner may file the case in the Family Court in his or her home county, and the petition will be sent to the court in the respondent's state or county. The respondent is then served with the petition and appears in court in his or her home state or county. The petitioner is not required to appear in the other court where the respondent lives. A local city or county attorney will appear there to represent the petitioner at the support hearing.

If the child resides outside of New York State, or in a county far from New York City, and the respondent lives in New York City, the custodial parent may file a petition in his or her home state or home county. The respondent will be served and be required to appear in the Family Court in his home county, while a lawyer from the New York City Law Department represents the out-of-state or out-of-county petitioner.

The hearing is held in the same manner as a support case filed within New York City, but documents and evidence are exchanged through the mail or by fax.

Can a Petition Be Filed Against a Husband or Wife for Spousal Support?

In New York State, a married person may file a petition in Family Court seeking spousal support from a current husband or wife. While a divorced person may not seek a new order of support from an ex-spouse in Family Court (that would be done in the state Supreme Court), a petition may be filed seeking to modify an already existing order for an ex-spouse.

The petition and summons must be served upon (delivered to) the respondent. A hearing is then held before a Support Magistrate, where the parties must present evidence of their income and expenses, and may present witnesses to testify. The Support Magistrate decides whether to order the respondent to pay spousal support for the petitioner and, if so, how much.

Child Support | North Carolina Judicial Branch

About

What is child support?

Child support is money paid by a parent for the purpose of meeting the reasonable needs of the parent’s child for health, education and maintenance.

What are the options for arranging child support?

Child support can be arranged in several ways.

  • Parents can agree on an amount for child support in a Separation Agreement. See the Separation and Divorce Help Topic for more information.  
  • Parents may sign a Voluntary Support Agreement (VSA). A VSA is a child support agreement signed by both parties and then by the judge. Once a judge signs the VSA, it becomes a court order and is enforceable by the court.
  • Child support can be arranged through the Child Support Enforcement Agency (CSE).
  • The person who wants to receive child support can file a civil complaint in district court.
Who can file for child support?

Any parent or person who provides care for a minor child living in his or her home can file for child support.

Do I have to go to court and request custody of a child before I request child support for a child who lives with me?

If you are caring for a child who lives with you, you do not have to have a court order granting you custody before requesting child support.

Who can be required to pay child support?

All parents are responsible for supporting their children, unless the parent’s rights have been terminated. If a parent is under the age of 18, his or her parents can be obligated to pay child support until he or she reaches the age of 18. Non-parents are otherwise not responsible for child support.

What if the parent or child is not a U.S. citizen?

All children living in the United States are entitled to child support, regardless of the citizenship or immigration status of the child or the parents.

What if there is a joint custody arrangement?

Parents can be obligated to pay child support even if they have joint custody of their children. See below for more information on how child support is calculated.

Can I file an action for child support if the father’s name is not on the child’s birth certificate?

A child support case can be filed against an alleged father even if his name is not listed on the child’s birth certificate.

What if I’m not sure that I’m the father?

You may request a paternity test.

A judge will decide whether to grant your request. If CSE filed the child support case, the agency will require a paternity test. You may be charged for the cost of the test if you are found to be the father.

What if the other person doesn’t let me see my child?

Child custody and child support are separate legal issues. Even if the other party denies you custody or visitation time, this does not affect your obligation to pay child support. See the Child Custody Help Topic for more information about custody and visitation issues.

Can I view the status of my child support case or payments online?

If your case is filed through CSE, you can create an account here to view the status of your case, payments, and any arrears.

Filing

How can I begin a case with the Child Support Enforcement Agency (CSE)?

You can find the location of your county’s CSE office here. Your local CSE office will tell you what information the agency needs to assist you.

Where should I file my case?

A child support case may be filed in the county where the child lives or is physically present or in a county where a parent resides.

Can I get assistance from CSE if I already have a child support case?

Yes, you can request assistance from CSE. Contact your local CSE agency for guidance.

The other parent is not in North Carolina. Can I still get assistance from CSE to obtain child support?

Yes. Contact your local CSE agency for guidance.

What if I don’t know the location of the other parent?

CSE has various tools that may be used to locate noncustodial parents. Providing information about the other parent, such as the person’s date of birth, social security number, or last known address, can assist the agency in locating the person.

Court Process

What happens after a complaint is filed?

The other party must be “served” with a copy of the complaint. You may have the other party served by a sheriff’s deputy or through certified mail. The other party has 30 days to file an answer.

I received a complaint for child support. What should I do?

You have 30 days after receiving a complaint to file an answer with the court. You may hire an attorney to assist you or represent yourself.

What should I expect in child support court?

Many cases will typically be scheduled for the same day. The judge or the CSE attorney will typically begin court by calling the names of everyone expected to be in court that day, and address each case one at a time.

What should I bring with me to child support court?
  • If you are the person entitled to receive child support, you should bring any documentation related to expenses paid on behalf of your child.  For example, you should bring day care receipts or medical bills for the children. You should also bring proof of your income.   If you have other children in the home, you should bring documentation to show that the other children live with you.
  • If you are the person who will be paying child support, you should bring proof of your income. You also should bring documentation of any payments you have made to the other person or expenses you have paid for the children. For example, you should bring proof of payment of rent, cell phone or car payments for the custodial parent or proof that you have provided groceries, clothing, diapers, etc., for the children.
Do I need to hire an attorney for child support court?

If you are the party seeking child support, you may contact your local CSE to provide representation for you, or you may hire a private attorney. If you are the party obligated to pay child support, you may hire a private attorney to represent you or represent yourself. Court officials, such as judges and clerks of court, cannot give you legal advice about your rights and obligations, possible claims or defenses, or the likely outcome of your case.

When will I start receiving child support?

The first payment is typically due on the first of the month after the judge signs an order for child support.

How should I pay child support?

There are several possibilities if your case goes through CSE.

  • In many cases, the judge will set up automatic deductions from your paycheck. If the money is not deducted, you are responsible for making the payments.
  • You can make payments online using a credit or debit card or by setting up automatic bank drafts. Visit the ePayments site here to register for an account, or here for more information about online payments and statements.
  • You can contact North Carolina Child Support Enforcement for more information about payment options or to make a payment at 1-877-361-5437, and can view additional contact information for the agency here.

If your case was not filed by CSE, a judge will instruct you on how to pay.

What is family court?

Family court is available in some districts / counties in North Carolina. A major goal of family court is to consolidate and assign a family's legal issues before a single district court judge or team of judges. Parent education programs also may be available. Together, the dedicated family court judges and staff implement policies that promote prompt and just resolution of family law issues. Learn more.

Calculating Child Support

How is child support calculated?

North Carolina’s Child Support Guidelines (find previous guidelines) set the amount of child support that should be paid depending on each family’s financial circumstances. Judges must order the amount of child support set out in the Guidelines unless applying the Guidelines would not meet or would exceed the reasonable needs of the child, or would otherwise be unjust or inappropriate.

How can I estimate the amount of child support in my case?

There are online calculators that allow you to estimate the monthly child support in your case.

  • Calculator if one parent has primary custody
  • Calculator if the parents have joint custody
  • Calculator if the parents have split custody
What if I have other children?

Having other children in your home or paying child support for other children not living with you are factors in calculating child support.

What is the minimum that a person can be ordered to pay in child support per month?

The Child Support Guidelines require a minimum child support order of $50 per month.

Enforcement

What can I do if the other party is not paying child support?

If you are represented by the local CSE agency, you should contact your caseworker. Otherwise, you can file a Motion for Order to Show Cause, requesting the court to hold the other party in contempt.

What are the consequences for refusing to pay child support?

A judge has a number of enforcement options available to address a parent’s failure to pay child support as ordered. Depending upon the circumstances, a parent who fails to pay support as ordered may have wages withheld or be required to serve time in jail.

Modification

When can I get a modification of child support?

Child support orders can be modified after three years, or if there has been a “substantial change in circumstances.” A difference of 15% or more of the child support paid under an existing order and the amount of child support resulting from the application of the guidelines based on the parents’ current income and circumstances is presumed to be a substantial change in circumstance.

How can I file to modify child support?

If you are represented by the local CSE agency, you should contact your caseworker. Otherwise, you can file for a modification using this form. The judge will hold a hearing on the motion to modify. You should be prepared to show documentation that justifies your request to modify the child support order.

What if I am required to pay child support, but I lose my job?

If you lose your job, you may file a Motion to Modify. A judge will determine how your unemployment impacts the current order of support.

What if I find out that I am not the father?

If you have a child support order and then discover that you are not the biological father of the child, you can file a Motion for Relief within one year of discovering that you are not the father.

Children Age 18 and Older

What happens when my child turns 18 years old?

In general, parents are not obligated to financially support a child once the child reaches the age of 18. Parents are required to support a child until the child turns 20 if the child has not yet graduated and remains in high school. In that case, child support will continue until the child graduates, stops attending school regularly, fails to make satisfactory academic progress, or reaches age 20, whichever happens first. Parents can also be required to support a child enrolled in a cooperative innovative high school (CIHS) program until the child reaches age 18 or completes four years in the program, whichever occurs later. You can see a list of CIHS programs here.

Can parents agree that support will be paid until a child graduates from college?

Parents can agree in a separation agreement or consent order, for instance, to support a child through college or to continue supporting a disabled child. Any valid agreement between the parents is binding.

Am I required to go to court to ensure that child support lasts past age 18?

If your child qualifies for support after age 18, you are not required to return to court to continue receiving child support.

Am I required to go to court to end child support when my child reaches age 18 or graduates from high school?

In general, no. If you have a CSE case, you should not have to go to court when your child reaches age 18 and has graduated from high school.  If you do not have a CSE case and your child has reached the age of 18 and graduated from high school, you can file a Motion to Modify to terminate support.

Can child support end before the child turns 18?

Yes, if the child marries, joins the U.S. military, or is granted emancipation by a court before reaching the age of 18.

Am I still responsible for arrears once my child reaches age 18 and graduates from high school?

Yes. If arrears are owed after the child reaches the age of 18 and has graduated from high school, child support payments continue in the same amount until all arrears are paid.

up to what age they pay, how much percentage of income they can withhold, and what documents are needed to apply for alimony

1.

Who can apply for child support?

Alimony is maintenance that minor, disabled and/or needy family members are entitled to receive from their relatives and spouses, including former ones.

A child can count on alimony:

  • if he is under the age of 18 and has not yet become fully capable by decision of the guardianship or court. Alimony in favor of a child may be filed by his guardian, custodian, adoptive or natural parent with whom the child remains;
  • if he is over 18 years of age but has been declared legally incompetent.

One of the spouses can count on alimony if:

  • he needs and is recognized Disabled adults who are entitled to alimony are considered disabled people of groups I, II, III and persons who have reached pre-retirement age (55 years for women and 60 years for men) or the generally established retirement age.0010
  • wife, including ex, is pregnant or less than three years have passed since the birth of a common child;
  • a spouse, including a former one, needs and cares for a common disabled child under 18 years of age or a child disabled since childhood of group I;
  • ex-spouse Persons in need are those whose financial situation is insufficient to meet the needs of life, taking into account their age, health status and other circumstances. marriage or within five years thereafter, and the spouses have been married for a long time.0010

Also, child support can be received by:

  • disabled and needy parents, including stepfather and stepmother, from their adult able-bodied children. This rule does not apply to guardians, trustees and adoptive parents;
  • disabled and needy grandparents - from their adult able-bodied grandchildren, if they cannot receive maintenance from their children or spouse, including the former;
  • minor grandchildren - from their grandparents, who have sufficient funds for this, if they cannot receive alimony from their parents. After the age of majority, grandchildren can count on alimony if they are recognized as disabled and they cannot receive assistance from their parents or spouses, including former ones;
  • incapacitated persons under 18 years of age - from their adult and able-bodied brothers and sisters, if they cannot receive them from their parents, and incapacitated persons over 18 years of age - if they cannot receive alimony from their children;
  • disabled and needy persons who raised and supported a child for more than five years - from their pupils who have become adults, if they cannot receive maintenance from their adult able-bodied children or spouses, including former ones. This rule does not apply to guardians, trustees and adoptive parents;
  • social service organizations, educational, medical or similar organizations in which the child is kept can apply for child support. In this case, alimony can be collected only from the parents, but not from other family members. Organizations can place the funds received in the bank at interest and withhold half of the income received for the maintenance of children.

2.How to apply for child support?

If there is no agreement between the parties on the payment of alimony or the other party refuses to pay them, apply to the court at the place of your residence:

  • to the justice of the peace, if the recovery of alimony is not related to the establishment, contestation of paternity or motherhood, or the involvement of other interested parties;
  • to the district court - in all other cases.

If one of the parents voluntarily pays support without a notarized agreement, the court can still collect support from him in favor of the child.

You can file for child support at any time as long as you or the person you represent are eligible.

The plaintiff does not pay state duty for consideration of the case on recovery of alimony in court.

3. What documents are needed to apply for child support?

The child support claim must be accompanied by:

  • copies of it, one for the judge, the defendant, and each of the third parties involved;
  • documents confirming the circumstances that allow you to apply for alimony. Such documents, for example, may be a birth certificate of a child, a certificate of marriage or its dissolution;
  • a single housing document and income statements for all family members;
  • calculation of the amount you expect to receive towards child support. The document must be signed by the plaintiff or his representative with a copy for each of the defendants and involved third parties;
  • if the claim will not be filed by the plaintiff himself, additionally attach a power of attorney or other document confirming the authority of the person who will represent his interests, for example, a birth certificate.

As a rule, maintenance is ordered from the moment the application is submitted to the court. They can be accrued for the previous period (but not more than three years before the day of going to court) if you provide evidence in court that you tried to contact the other party and agree or the defendant hides his income or evades paying alimony. Such evidence can be letters sent by e-mail, telegrams or registered letters with notification.

4. What is the amount of alimony?

The court determines the amount of alimony based on the financial situation of both parties. Alimony for the maintenance of minor children, as a rule, is:

  • per child - a quarter of income;
  • for two children - a third of the income;
  • three or more children - half of the income.

These shares can be reduced or increased taking into account the financial and marital status of the parties and other important ones, including the presence of other minor and / or disabled adult children, or other persons whom he is obliged by law to support; low income, health or disability of the support payer or the child in whose favor they are collected.

"> factors. When determining the amount of alimony, the court seeks to maintain the level of financial support that the child had before the divorce or separation of the parents. If each of the parents has children, the court determines the amount of alimony in favor of the less well-to-do of them.

In addition to the share income, the court may order child support or a portion of it in the form of a certain amount of money.As a rule, such measures are resorted to when the defendant hides part of his income and a share of his official income cannot provide the child with the standard of living that he had.

In exceptional circumstances - illness, disability of the child, lack of suitable housing for permanent residence, etc. - the court may oblige one or both parents to additional expenses.

The amount of alimony is indexed in proportion to the growth of the subsistence minimum (for the population group to which their recipient belongs).

As a general rule, maintenance withheld from the debtor's income for the maintenance of a minor child cannot exceed 70% of his income. In other cases - 50% of income.

5. Who can not pay child support?

Parents are required to support their children after birth and up to 18 years of age, if the child does not marry earlier or there is no Emancipation - declaring a minor fully capable. It is possible if a minor who has reached the age of 16 works under an employment contract (including under a contract) or, with the consent of his parents (adoptive parents, guardian), is engaged in entrepreneurial activities. The decision on the emancipation of a minor is taken by the guardianship and guardianship authorities with the consent of the parents (adoptive parents, guardian). If there is no consent from the parents, the decision on emancipation can be made by the court.

"> emancipated. Parents must support the child, even if he does not need material assistance. The incapacity of the parents, the recognition of their incapacity in court or the deprivation of parental rights also does not release from this obligation.

Alimony may be denied: or spouse, including an ex, if he or she has become disabled and needs help due to alcohol, drug abuse, or intentional crime, or has behaved unworthily in marriage, such as gambling;

  • former spouse, if the marriage did not last long. The court itself decides which marriage is considered short-lived, taking into account the age of the spouses, the number of previous marriages, the time spent together and other circumstances;
  • disabled and needy parents, including stepfathers and stepmothers, who demand maintenance from their children if the court establishes that they evaded parental duties or were deprived of parental rights;
  • educators, if they supported and brought up children under five years of age or did it improperly;
  • to a disabled ex-spouse in need of assistance, if he has entered into a new marriage;
  • to a child if adopted by another family.

    • Alimony after 18 years of age to a child in 2022 for a student, student or disabled person

    In 2022, the principles of maintenance relations regarding the obligation of parents to support their children have not changed. In accordance with the norms of the Family Code of the Russian Federation, persons who have not reached the age of majority are recognized as children. According to this definition and the rules of Chapter 13 of the RF IC, which establishes the maintenance relations of parents and children, in a general manner child support after the age of 18 is not paid . This is due to the fact that, having reached the age of majority, the child becomes an adult and is obliged not only to provide for himself, but also to take care of his parents. However, there are several exceptions to this rule.

    From the point of view of alimony legislation, under the terms of termination of alimony obligations, children under the age of 18 are also equated to adult children if they acquire legal capacity in full (see clause 2 of article 120 of the Family Code of the Russian Federation). The conditions for the onset of full legal capacity are established by clause 2 of Art. 21, paragraph 1 of Art. 27 of the Civil Code of the Russian Federation and include:

    • cases of marriage before the age of 18, when this is allowed by law;
    • cases of emancipation (declaration of full legal capacity of a minor who has reached 16 years of age, if he works under an employment contract, including under a contract, or with the consent of his parents, adoptive parents or guardian is engaged in entrepreneurial activity).

    Alimony after the age of 18, if the child is studying

    In practice, reaching the age of majority now does not always mean financial independence and independence of the child from their parents.

    If he needs education full-time education ( higher professional at a university, secondary special at colleges and schools, or even just secondary full at school) he will also, as before, need in the expenses of the father and mother, even if they do not live together, for his maintenance and education.

    Despite the fact that the features of the modern system of 11-year school (general) education in Russia suggest the possibility of a child reaching the age of 18, in fact, at school age , according to current family law, parents are exempted from the obligation to pay alimony, including to an adult student.

    In addition, many foreign countries provide for the right of children to receive child support until they graduate from colleges and universities . Maintenance obligations in this case can be removed from the parents only if the pupil or student enters into a legal marriage and creates his own family.

    It should also be noted that Russian legislation in many cases provides for various forms of material support for families for an adult student or full-time student until they reach 23 or even 24 years (for example, standard tax deduction for children , pension for the loss of a breadwinner , etc. ). Why this rule still does not apply to the payment of alimony is not entirely obvious.

    Taking into account the above circumstances, on September 7, 2015, the State Duma registered draft law 876581-6, which provides for additions and amendments to the Family Code in terms of strengthening the child's guarantees for receiving maintenance payments from their parents until the end of full-time education.

    Unfortunately, this bill and were not adopted , so maintenance in 2022 is collected only until the child turns 18 years old.

    The payment of maintenance obligations for pupils and students after the age of majority was provided both in a voluntary form under an agreement on the payment of alimony, and through the court in the recovery order.

    The amount of alimony for students over 18 years old within the framework of the bill, it was proposed to establish a fixed amount, taking into account:

    • family and financial status of the parties;
    • other circumstances that deserve the court's attention.

    Alimony for disabled adult children

    In the current version of the Family Code, the obligation of parents to pay alimony to a child after 18 years of age is provided only for 90,125 disabled 90,126 adult children (Article 85 of the Family Code).

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    In addition, a parent providing care for an adult common child with a disability from childhood of Group I is also entitled to alimony if he is recognized as low-income, or unemployed and in need of support second parent. This provision is enshrined in Art. 89 of the Family Code of the Russian Federation.

    Thus, maintenance for adult children is assigned subject to the following conditions:

    • The child has reached the age of 18;
    • Declared disabled;
    • Needs parental care;
    • Not officially employed.

    These facts must be confirmed by documents that will be submitted to the court when alimony is ordered.

    In addition, the right to receive alimony from the second parent has a parent caring for a common child with a disability since childhood under the following conditions:

    • He is in need;
    • Provides care for a common child - disabled since childhood of the 1st group;
    • An adult officially, on the basis of the conclusion of the MSEC, was recognized as a disabled person from childhood of the 1st group.

    Alimony for an adult child is assigned on the condition that one of the parents evades his obligations to support an adult disabled child. In such a situation, the second parent applies to the court for the appointment of payments.

    If both parents evade their parental duties, then the procedure for assigning alimony can be initiated by the local guardianship and guardianship authority.

    At the same time, it will not matter much for the court whether the parents are married or divorced. The judge will evaluate their financial situation, the facts of non-fulfillment of their parental duties, as well as the amounts necessary for the normal maintenance of a disabled adult child.

    In accordance with article 120 of the Family Code of the Russian Federation, the appointed alimony for children after 18 years of age is stopped on the condition:

    1. Restoration of working capacity;
    2. Death of a support payer or recipient.

    Amount and order of payments for adult children

    The legislator provides only two options for determining the amount of alimony that parents will pay to their adult disabled child.

    • First , both parents can voluntarily enter into a child support agreement that determines the amount and frequency of such payments. In the document, at the request of the parties, you can prescribe fixed amounts, or indicate percentages of the income and wages of the parents. In the case of compliance with the notarial form of such an agreement, it becomes mandatory for execution throughout the country.
    • Secondly , such alimony can be appointed in court, and the judge, based on the case materials, establishes the amount of payments for an adult child exclusively in hard monetary terms. At the same time, not only the financial situation of the parents is taken into account, but the amount of expenses necessary for the maintenance of the child.

    Alimony is paid in the order of withholding the amounts specified by the judge from the parent's income, to which the legislator refers:

  • allowances for military and law enforcement officers;
  • any premiums;
  • overtime pay
  • pensions;
  • scholarships;
  • temporary disability and unemployment benefits, etc.;
  • income of entrepreneurs;
  • rental income;
  • earnings of a convict under a sentence or court order.

    • At the same time, the general rule of limiting deductions from earnings to 50 percent, provided for by Article 139 of the Labor Code of the Russian Federation, does not apply to alimony. Deductions in this case can be up to 70% of income.

    Registration of alimony for a disabled person after 18 years

    To issue alimony for an adult disabled child, it is necessary to prepare an ITU certificate (conclusions) confirming the fact of the child’s disability, in addition to the general list of documents:

    • birth certificate or passport of an adult child;
    • marriage or divorce certificates;
    • applicant's passport;
    • certificates of family composition from the place of permanent residence of the negligent parent.

    This may be the conclusion of the MSEC, or a court decision on the establishment of incapacity for work. And in the case of registration of alimony for the parent caring for the child, you will need a certificate recognizing the child as a disabled person from childhood of group I.

    All of these documents are attached either to the payment agreement, when it is submitted to a notary for notarization, or sent to the court along with a statement of claim for the recovery of alimony.

    After receiving the court decision, a writ of execution is drawn up, which is sent to the bailiff service for further collection. And having received a notarial inscription, you can immediately go to the performers, since it is mandatory for execution.

    Procedure for collecting debt on alimony after 18 years

    Having received a writ of execution or a notarial agreement on the payment of alimony, the bailiff service, in accordance with federal law, opens enforcement proceedings.

    After that, the parent from whom the child support will be withheld is asked to pay it voluntarily. In case of refusal, the executors determine all sources of income of the person and ensure the recovery from them in favor of the adult child, including for the repayment of debts unpaid before the child turns 18 years old.

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