How to terminate child support in nj

New Jersey Child Support | NJ Child Support

Termination Law Basics
- What does this new termination of child support law do?
- Can child support be continued beyond the child's 19th birthday?
- Can a child support obligation be exempt from automatic termination upon the child's 19th birthday?
- Will I be notified prior to the termination of child support?
- If a custodial parent requests a continuation of child support beyond the child's 19^th birthday, must he or she provide a new proposed termination date?
- Can child support be continued beyond the child's 23^rd birthday?
- What does "financial maintenance" mean?
- Does the obligation to provide medical support and/or medical coverage also end when the child support obligation is terminated?
- I have two children, one is under the age of 19 and one is over the age of 19. The older child is not eligible for a continuation of child support. Does this mean they will both be automatically terminated?
Situations for which child support may continue after age 19
- High school/college or other secondary/post-secondary education
  - Will termination of child support be automatic or will one of the parties have to file with the court for termination? If it is automatic, what happens if the child is still a full-time student?
  - If a child is 19, still in high school and does not plan on attending college after graduation, will child support be terminated?
  - My child is 19 years old and currently in college or will be starting college. How can continuation be requested and what documentation is needed to support the request?
  - Can child support continue if my child takes a semester off from college?
- Disability
  - If my child has a disability, can I request child support beyond their 19th birthday?
- Prior Court Order
  - I have a Judgment of Divorce (JOD) that states the child support shall terminate upon the child's graduation from college. Will child support terminate when the child graduates college or the child's 19th birthday?
Continuation Request Process
- How long do I have to request a continuation of support?
- What if I forget to send in the supporting documentation with my "Request for Continuation of Support," or I send in the wrong document?
- What if I lose or never receive a "Request for Continuation of Support" form?
- My child is disabled and my child support was terminated when they reached 23 under the previous law. Can I request a continuation of support now?
- If I do not agree with the termination or continuation of support, what can I do?
What kinds of situations might occur after child support ends?
- If my child support is terminated for all my children and there are arrears (unpaid child support) on the case, will the case still remain open?
- I am a non-custodial parent and have three children. Only the oldest one will be over the age of 19 when this law goes into effect. How much will the obligation be after the obligation for the oldest child is terminated?
- How can I tell if my child support order is unallocated or allocated?
- If there is an income withholding active on my case, will the employer be notified of the support obligation termination?
- If medical coverage is provided through an employer for a dependent, will the employer be notified of that termination?
Intergovernmental Cases
- Does the New Jersey age of child support termination affect my order that was established in another state?
- My child support order was established in New Jersey but I now live in a different state. I have an interstate case with my order registered in my home state. Where will my termination notices be mailed?

Termination Law Basics

Q. What does this new termination of child support law do?
A. The termination law establishes that child support ends automatically on the day that the child marries, dies, enters military service or turns 19 years old.

Q. Can child support be continued beyond the child's 19th birthday?
A. Yes, if a different age is specified in a court order or the custodial parents submits a "Request for Continuation of Support" form with supporting documentation as proof that the child is either:

Still enrolled in high school or other secondary-educational program;
Still enrolled full time in college or other post-secondary education program; or
Has a physical or mental disability, as determined by a federal or state governmental agency that existed prior to the child reaching the age of 19 and requires continued support.

Q. Can a child support obligation be exempt from automatic termination upon the child's 19th birthday?
A. Yes. A court order that specifies a different age of termination exempts that support obligation from automatically ending. Child support cannot extend beyond the date the child reaches age 23 unless ordered by the court due to the child’s disability. Parents may still receive a "Notice of Proposed Child Support Obligation Termination" even if they have such an order. If this occurs, either parents must return the "Request for Continuation of Support" form with a copy of the court order that includes the termination date. Upon receiving the form and the order, the assigned Probation Unit will update the case record to reflect the termination date in the court order (as long as it is before the child's 23rd birthday).

Also, child support shall be exempt from automatic termination if the child is still receiving support in an out-of-home placement through the Division of Child Protection and Permanency (DCP&P) in the Department of Children and Families (DCF) past the age of 19. Child support will end upon notification by DCP&P that the child is no longer in placement or the child's 23rd birthday, whichever occurs first.

Q. Will I be notified prior to the termination of child support?
A. Yes. For support orders that are being supervised by the Probation Division of the Superior Court, both the custodial and non-custodial parent will receive a "Notice of Proposed Child Support Obligation Termination" 180 days before the child support obligation termination date. If no response is received, a "Second Notice of Proposed Child Support Obligation Termination" will be sent out 90 days before the child support obligation termination date. If the child on the case is already over the age of 23 or approaching his/her 23rd birthday or other court-ordered termination date, both parents will receive a "Notice of Child Support Obligation Termination" 90 days prior to the obligation termination date. Please make sure that the Child Support Program has your current mailing address on file so that termination notices are sent to the correct address.

Q. If a custodial parent requests a continuation of child support beyond the child's 19th birthday, must he or she provide a new proposed termination date?
A. Yes; all "Request for Continuation of Support" forms must contain a future date in which child support would end and it must be before the child's 23rd birthday. The proposed end date must be supported by any documentation provided. For example, if the request for continuation is based on the child remaining a high school student, the proposed future termination date should be the child's expected high school graduation date.

Q. Can child support be continued beyond the child's 23rd birthday?
A. Yes, if the child in need of support has a severe physical or mental disability and continuation of the obligation to pay support for that child is specified in a court order or judgment.

Q. What does "financial maintenance" mean?
A. Financial maintenance means court-ordered support that is outside of the child support program and therefore not enforceable by the Probation Child Support Enforcement Unit (PCSE). The court may still order a parent to pay toward the cost of raising and/or supporting a dependent past his/her 23rd birthday. For example, the court may order one parent to pay toward the cost of the child's college tuition or medical expenses.

Q. Does the obligation to provide medical support and/or medical coverage also end when the child support obligation is terminated?
A. Yes; all court-ordered obligations to pay or provide medical coverage will end when the child support ends. However, custodial parents may file a motion or application to request that medical support be enforced until the child's 23rd birthday. If not court ordered, either parent may voluntarily provide medical coverage for their child through their employer up until the age of 26 according to federal law and up until 31 under New Jersey law if certain conditions are met.

Q. I have two children, one is under the age of 19 and one is over the age of 19. The older child is not eligible for a continuation of child support. Does this mean they will both be automatically terminated?
A. No; the termination of child support only will apply to the child that is over the age of 19, if there is no other termination date specified in the court order.

Situations for which child support may continue after age 19

High school/college or other secondary/post-secondary education
Q. Will termination of child support be automatic or will one of the parties have to file with the court for termination? If it is automatic, what happens if the child is still a full-time student?
A. Termination is automatic upon the child's 19th birthday. If the child is a full-time student and under the age of 23, the custodial parent must submit the "Request for Continuation of Support" form, along with the necessary documentation and both parents will be notified whether the request for continuation of support was approved.

Q. If a child is 19, still in high school and does not plan on attending college after graduate, will child support be terminated?
A. No. If the custodial parents submits the "Request for Continuation of Support" with supporting documentation from the high school that the child is still a student, then support should continue. The child's projected high school graduation date will then be determined as the date of termination.

Q. My child is 19 years old and currently in college or will be starting college. How can continuation be requested and what documentation is needed to support the request?
A. The custodial parent must send in the "Request for Continuation of Support" form that was mailed with the "Notice of Proposed Child Support Obligation Termination" along with proof from the college or other post-secondary institution that the dependent is currently enrolled in what the institution considers full-time status

Q. Can child support continue if my child takes a semester off from college?
A. It depends. If Probation is notified of the break in educational status, the situation will be reviewed on a case-by-case basis and the decision will depend on the facts and documentation provided. If the Probation Department is unable to determine that the child will resume full-time college-student status, the custodial parent may need to file with the court to request that child support continue based on exceptional circumstances.

Situations for which child support may continue after age 19 - Disability
Q. If my child has a disability, can I request child support beyond their 19th birthday?
Yes; if you are a custodial parent with a child support case for a dependent with a disability, you may return the "Request for Continuation of Support" form that is attached to your "Notice of Proposed Child Support Obligation Termination" with supporting documentation from a government agency that provides services to individuals with disabilities. This documentation must confirm that the child has a physical, intellectual or developmental disability that existed prior to his/her reaching the age of 19 and requires continued support. Support may only be continued until the dependent's 23rd birthday. However, the parent or the dependent may petition the court to continue the child support obligation beyond the age of 23 if the child has a severe physical or mental incapacity.

Situations for which child support may continue after age 19 - Prior Court Order
Q. I have a Judgment of Divorce (JOD) that states the child support shall terminate upon the child's graduation from college. Will child support terminate when the child graduates college or the child's 19th birthday?
Child support will terminate upon graduation as specified in the court order as long as the dependent is under age 23 and Probation is aware of the anticipated graduation date. If the parties agree that support should continue, their agreement will be outside of the child support program.

Parents still may receive a "Notice of Proposed Child Support Obligation Termination" because the Judgment of Divorce specifies an event and not a specific age or date. If that is the case, the custodial or non-custodial parent must submit a copy of the order and proof of college enrollment with the anticipated graduation date so that it can be verified.

Continuation Request Process

Q. How long do I have to request a continuation of support?
The "Request for Continuation of Support" form and acceptable supporting documentation must be received no later than 45 days prior to the termination date in order to be considered. The due date will be specified in your notice. Any request form received past that due date will not be considered. At that point, the requesting party will have to file a petition with the court to request a continuation.

Q. What if I forget to send in the supporting documentation with my "Request for Continuation of Support," or I send in the wrong document?
As long as the correct documentation is received before the deadline indicated on the form, it will be accepted for review. In order for a request to be reviewed in a timely manner, please include a copy of the original "Request for Continuation of Support" when sending in the correct documentation. Another copy of this form can be requested from the online customer account or by calling 1-877-655-4371.

Q. What if I lose or never receive a "Request for Continuation of Support" form?
A copy of the "Notice of Proposed Child Support Obligation Termination" which includes the "Request for Continuation of Support" can be mailed to you by logging into your account on www.njchildsupport.org. You may also request that the document be resent to you by calling 1-877-655-4371. Please make sure that the Child Support Program has your current mailing address on file. Addresses can be updated online.

Q. My child is disabled and my child support was terminated when they reached 23 under the previous law. Can I request a continuation of support now?
A. On or after December 1, 2020, you may file a motion or application with the court requesting that your case be reopened (if closed) and obligation restarted. Only the court may determine whether you are entitled for child support for a child 23 years of age or older.

Q. If I do not agree with the termination or continuation of support, what can I do?
A. If you do not agree with the "Determination of Request for Continuation of Support" finding, you may file a motion or application with the court in the county of venue, which is usually where the original order was issued.

What kinds of situations might occur after child support ends?

Q. If my child support is terminated for all my children and there are arrears (unpaid child support) on the case, will the case still remain open?
A. Yes. Even though the obligation for current support will end, the case will remain open until the arrears are paid off. The noncustodial parent is still responsible for paying the recurring child support amount that existed prior to termination PLUS the arrears payback amount unless a different amount is ordered by the court.

Example: The non-custodial parent pays $75 per week in current child support and $25 per week toward the arrears. After receiving the "Notice of Child Support Obligation Termination" for his only child, there are remaining unpaid arrears. He now owes $100 per week arrears payback until the arrears are satisfied, unless the court modifies that repayment amount.

Q. I am a non-custodial parent and have three children. Only the oldest one will be over the age of 19 when this law goes into effect. How much will the obligation be after the obligation for the oldest child is terminated?
A. It depends on whether your order is unallocated or allocated. An unallocated order means that there is one obligation amount paid for all the children. An allocated order has a specific support amount for each child. Most orders in New Jersey are unallocated.

If you have an unallocated order with a remaining child(ren) after an obligation is terminated, you still are responsible for paying the total child support amount plus arrears, if applicable unless a different amount is ordered by the court. If you have an allocated order with a remaining child(ren) after termination, your support order will be adjusted automatically to deduct the amount of the terminated obligation.

Q. How can I tell if my child support order is unallocated or allocated?
Look at the body of your order or section #24 of the Uniform Summary Support Order (USSO). If you do not see any individual amounts in the order, then you most likely have an unallocated order.

Q. If there is an income withholding active on my case, will the employer be notified of the support obligation termination?
Yes, Once an obligation terminates or the amount is adjusted an amended Income Withholding Order will be sent to the employer automatically.

Q. If medical coverage is provided through an employer for a dependent, will the employer be notified of that termination?
Yes. If providing health coverage was a provision of the child support order, the employer will be notified that it is no longer required to cover the children. However, the employee and employer should discuss whether health coverage for the dependents should continue.

Intergovernmental Cases

Q. Does the New Jersey age of child support termination affect my order that was established in another state?
A. No. The Uniform Interstate Family Support Act (UIFSA) provides that child support ends according to the law of the State in which the order was established and cannot be changed by another state. This new law applies only to child support orders established by New Jersey.

Q. My child support order was established in New Jersey but I now live in a different state. I have an interstate case with my order registered in my home state. Where will my termination notices be mailed?
A. The "Notice of Proposed Child Support Obligation Termination" and subsequent notices will be mailed to the child support agency in the state in which the order is currently registered. The other state agency must then forward the notices to you at the address it has on file.

New Jersey Child Support | NJ Child Support

When you already have a court order that specifies when support terminates and/or the emancipation of the child(ren). If there is an existing Judgment of Divorce (JOD), Property Settlement Agreement (PSA) or other support order that specifies a termination date other than the dependent's 19th birthday, that date is still valid so long as it does not exceed the child’s 23rd birthday (except in the case of a child that has a severe physical or mental incapacity). Submitting a Request for Continuation of Support is not appropriate when a court-approved order addressing support already exists. However, if you still receive a termination notice, please follow the instructions for sending in a copy of the JOD or order containing the termination date so we may update our records.

If you do not respond, the obligation may terminate on the incorrect date.

If your child is in postsecondary school and you are requesting continuation of support, your child’s school may participate in an online enrollment verification service such as EnrollmentVerify provided by the National Student Clearinghouse®. This service includes immediate online enrollment verifications that may be provided as proof of the child’s educational status. Any fees that apply are the sole responsibility of the requesting party. Remember, any proof provided for education must indicate full-time status. Click here for a list of participating schools.

If your child is in postsecondary school and you are requesting continuation of support, it is NOT acceptable to send course transcripts, tuition bills or invoices, a college acceptance letter or financial aid documents. As mentioned on the request form, the only acceptable documents are either a letter from the school on letterhead OR an enrollment verification form (provided by the school or third-party vendor).

If your child is in secondary or postsecondary school and you are requesting continuation of support, the future termination date must be entered in the projected graduation date line under the education section of the Request form. It is not necessary to fill in the proposed new termination date at the bottom of the form which is only to be used for children with disabilities.

If your child is disabled and you are requesting continuation of support, you may only request support until the child’s 23rd birthday with the appropriate documentation. If you believe that support should continue past the age of 23 because the child has a severe physical or mental incapacity, you must have or obtain an order from the court. The administrative continuation request process is not allowable for support beyond age 23 as it is the court, and not Probation, that must authorize order the continuation of support. Parents with a court-approved consent order that continues support past the age of 23 for a disabled child will be accepted.

If you have compiled all your documents and are ready to send your continuation request form, make sure to send the original request form—no fax or photocopies, please! Feel free to make a copy for your records and send back the original form to the New Jersey Family Support Services Center. This will ensure more timely and accurate processing of the continuation request. Similarly, please do not send the continuation request form more than once unless instructed otherwise. Sending the form via regular mail OR certified mail is acceptable but both are not necessary! Remember, your new dependent view tab on the customer portal will indicate whether or not we have received the request form. Mailing the form multiple times may result in errors to the processing of the continuation request.

If you believe that you should have received a termination notice for your child(ren), please ensure that your mailing address information is current and correct through the Update Address Information function on the customer web portal or by calling 1-877-NJKiDS1.

If you receive a termination related notice or Civil Action Order – Termination of Support and your child is already emancipated with no arrears owed, it is most likely because the court had ordered health insurance coverage to continue or it was indicated as such in our records and has now been terminated. Please be advised that you do not need to take any action and that our records will be updated automatically.

Please refer to the Frequently Asked Questions found here for more information.

Termination of the collection of alimony due to a change in the place of residence of the child \ Acts, samples, forms, contracts \ Consultant Plus

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Termination of collection of alimony in connection with a change in the place of residence of the child

A selection of the most important documents upon request Termination of the recovery of alimony due to a change in the child's place of residence (legal acts, forms, articles, expert advice and much more).

Minors:
Administrative liability of minors
Act of housing conditions
Act of survey of housing conditions
Alimony for minor children
Grandmother Law
show all Administrative responsibility of minors
Act of inspection of living conditions
Act of survey of housing conditions
Alimony for minor children
Grandmother legal representative
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Family:
Act of survey of housing conditions
Acts of housing conditions
Grandma Grandma
Grandmother is a member of the family
Bankruptcy of spouses
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Court practice

Resolution of the Plenum of the Supreme Court of the Russian Federation dated 10. 10.1996 N
(as amended on 16.05.2017)
"On the application of the family code of the Family Code of the Russian Federation, when considering cases on establishing paternity and on the recovery of alimony, "Courts must take into account that the Family Code of the Russian Federation, in contrast to the Code of Civil Procedure of the RSFSR (Articles 85 and 80), does not provide for maintenance obligations of de facto educators in case of refusal of further education and maintenance their pupils, as well as the duties of a stepfather and stepmother for the maintenance of minor stepsons and stepdaughters who were in their upbringing or maintenance, do not have parents or cannot receive sufficient funds for maintenance from their parents. However, this circumstance does not entail the termination of the payment of alimony collected by court decisions made in such cases before March 1, 1996, since paragraph 2 of Art. 120 of the IC of the Russian Federation does not establish such a basis for the termination of maintenance obligations. 2 days the recovery of alimony for the maintenance of the child was legitimately satisfied, since there are no grounds for refusing to allow compulsory execution on the territory of the Russian Federation of a decision of a foreign court. In a private complaint by K.S. indicates his disagreement with the definition and asks to change it in terms of the start date for the recovery of alimony, referring to the fact that such an obligation can and should be assigned to him from the time the applicant applied to the court with a claim for the recovery of alimony, since in the period of 1993 - 1994 he voluntarily paid alimony, then until 1995 family relations were restored. In 1995, he left Kazakhstan for Russia, the applicant knew his address, did not make any claims for alimony, since he periodically provided assistance for his son until 2000, when he could not do this due to her change of residence. From 1996 to 1999, he was in another marriage, from whom there is a daughter, for whom alimony was collected from him, but now the recovery has been terminated, since the mother and child left Russia for Germany. The ruling of the court is contrary to the requirements of Art. Art. 107, 113 of the Family Code of the Russian Federation. Alimony must be collected not from the time the decision was made by the court of the Republic of Kazakhstan at 1993 for the recovery of alimony, and from the time the applicant applied to the Volgograd Regional Court with an application for the execution of the court decision.

Articles, comments, answers to questions

Article: Fifth Aliment. The Supreme Court summarized judicial practice in cases of recovery of alimony for minors and disabled children
(Tarasenkova A.)
("Lawyer in a hurry to help", 2015, N 11) Another thing is if the place of residence of the child has changed, and alimony continues to be collected. If the payer did not apply to the court in a timely manner with an application to stop the collection of alimony from him, but independently stopped payments, then alimony debt is formed, from the payment of which the justice of the peace can quite legitimately release.

Article: Alimony. Mistakes and decisions
(Maceras A.)
("Practical Accounting", 2015, N 11) Another thing is if the child's place of residence has changed, and alimony continues to be collected. If the payer did not apply to the court in a timely manner with an application to stop the collection of alimony from him, but independently stopped payments, then alimony debt is formed, from the payment of which the justice of the peace can quite legitimately release.

Regulations

How child support payments stop at age 18 in 2023 - Legal support

.2021

Contents

Until what age is child support paid in Russia according to the law of 2022?

Fathers, who are the most common child support payers, worry about how long it will take. Until how many years child support is paid in Russia is an extremely topical issue. The legislator gives a clear answer to it. Thus, article 120 of the Family Code states that alimony is paid until the child reaches the age of majority. If you follow the norms of the Civil Code, then the age of majority comes as soon as the citizen is 18 years old.

Alimony in 2022

By virtue of the law, minors who have not yet reached the age of 18 are considered to be such. There is no controversy regarding them. If a daughter or son has not reached the age of majority, then their parent (mother or father) is required to pay a certain amount of money every month. Its exact size is not defined by law. The Family Code only establishes the percentage of the income of the parent who will make payments.

For example, maintenance for one child in 2022 will be equal to a quarter, for two - a third, for three - half of wages or other income. The specified values are applicable only to those situations where the income is stable, paid regularly. Otherwise, the court is given the right to determine payments, guided by a different principle, in order to maintain the level of security that was previously when the parents were married.

Child support after the age of 18 for a student

Despite this certainty, many questions still arise about this. Parents are concerned about the problem, are alimony after 18 years if the child is studying? Does the law provide for regular cash payments to an adult full-time student to a child (student or schoolchildren), and specifically, is it possible to receive alimony until the age of 23?

The answer to the question of how many years child support is paid in Russia will be unequivocal - only up to 18 years. At the same time, it will not matter that the child continues to go to a regular general education school, or that he began to receive education at a technical school or university. The payment of alimony after 18 in full-time education, however, as well as in absentia, is not provided for by the current legislation.

Exceptions to the general rule

There can be one exception to the statutory rule if the child, even if he is an adult, is unable to work and needs financial assistance from his parents.

In this case, according to article 85 of the Family Code, maintenance can be ordered by the court if there is no such agreement between the parents of the child. The term "disability" in this case means the presence of a disability of any group.

How child support is determined after the age of 18

If a child with a disability was previously paid alimony, then their payment is terminated, because the child has become an adult. In this case, the child himself or his legal representative receives the right through the court to solve the problem with further maintenance payments.

The court proceedings will be an action. This means that a well-written statement of claim for the appointment of alimony must be submitted to the court. The applicant can only claim payment after the judgment has come into effect.

Alimony in this case cannot be a share of the defendant's income. The provisions of the Family Code governing such situations provide only fixed maintenance payments. This means that the specific amount of payments is assigned on an individual basis, when the court takes into account all the circumstances of the case.

How does payment stop after 18 years

Therefore, as soon as the child reaches 18 years of age, enforcement proceedings initiated on the basis of a court decision on the recovery of alimony will be completed. The bailiff, who was engaged in enforcement proceedings, ends it.

The end of the case is formalized by the Decision of the bailiff. Both interested parties must be notified of the said action. Each of them has the right to receive a copy of the required document.

At the same time, the debtor-payer himself does not need to take any action to stop payments. All necessary measures must be carried out by an official of the Bailiff Service.

At the same time, it should be taken into account that if the payer has a debt for alimony, it must be repaid. Only then will the enforcement proceeding be completed.

Other grounds for termination of payments

The payment of alimony after the trial is not carried out indefinitely. Reaching the age of eighteen is only one of several grounds that may cause the termination of maintenance payments. True, they have nothing to do with the onset of certain age limits. So, as other reasons, the law names:

Death of a child for whom alimony was paid, or death of alimony payer.
Adoption of a child by another citizen.
Declaring a child fully capable

In the first case, if the parent who is obliged to pay alimony dies, the other parent can apply for a pension for the child with the Pension Fund. This state aid is due in cases where children are deprived of their breadwinners. The payer of alimony is just considered as the breadwinner. The social payment is called the survivor's pension.

In the second case, adopting a child is a good way for the biological parent to get rid of the child support burden that was imposed by the court. If a child's father (mother) has changed, then it is he who becomes obliged not only to raise the child, but also to support him financially.

The third case speaks of emancipation, when a child can be declared emancipated by a court decision or by a decision of the guardianship and guardianship authority. This is possible, in particular, when the child is engaged in business. You can also talk about emancipation when a minor child marries.

Conclusions

No matter how much parents of children who are studying would like to continue receiving alimony, it is practically impossible. To the question of how many years child support is paid in Russia, an unequivocal answer follows. Only until adulthood.

Alimony after the age of 18 if the child is in school, or maintenance after the age of 18 for a student of a higher educational institution is not legally required. This rule applies to all cases, both for a child studying in full-time department and in absentia. Cash payments in these cases are possible if the parents voluntarily agree to make them. An exception is situations if an 18-year-old schoolboy or student is disabled.

Alimony payments beyond the specified age are possible only by a court decision if their recipients are adult citizens who are unable to work and need financial support from their parents. This fact must be documented, the plaintiff must submit certificates to the court stating that the child is disabled.

The specified capability is an exception to the general rule. In all other cases, it is necessary to talk about alimony in relation to minor citizens. Providing them with adequate financial support is not difficult. The amount of such is always determined by the court. For example, the minimum child support in 2022 is equal to one quarter of the earnings of the mother or father.

1. Alimony obligations established by an agreement on the payment of alimony terminate upon the death of one of the parties, the expiration of this agreement, or on the grounds provided for by this agreement.

2. The payment of alimony levied by a court shall cease:

when the child reaches the age of majority or if the minor children acquire full legal capacity before they reach the age of majority;

upon adoption (adoption) of a child for whose maintenance alimony was collected;

upon recognition by the court of restoration of working capacity or termination of the need for assistance of the alimony recipient;

upon entry of a disabled ex-spouse in need of assistance - the recipient of alimony into a new marriage;

the death of a person receiving support or a person liable to pay support.

Commentary on Art. 120 RF IC

1. The commented article separately refers to the grounds for the termination of maintenance obligations provided for by the agreement on the payment of alimony, and alimony provided for by a court decision.

In turn, the grounds for termination of maintenance obligations, provided for by the agreement on the payment of alimony, can be divided into unconditional, which are directly provided for in paragraph 1 of the commented article, and additional, which are mentioned in the agreement on the payment of alimony.

The absolute grounds are the death of one of the parties and the expiration of this agreement. For some unknown reason, this list does not contain such a basis as declaring a citizen dead, which, in its consequences, is equated to death.

Among the additional grounds for the termination of maintenance obligations provided for by the agreement on the payment of alimony, usually also include a change in the financial situation of the parties, the restoration of the alimony recipient's ability to work (these circumstances must be confirmed in court if there is a dispute). The maintenance obligation may also be terminated as a result of graduation from an educational institution, adoption, entry into a new marriage of a spouse in need of alimony.

2. As for the grounds for terminating the payment of alimony collected by the courts, their exhaustive list is given in paragraph 2 of the commented article.

The termination of the maintenance obligation as a result of the acquisition by the minor of full civil capacity, in addition to reaching the age of 18, also occurs in the case of the emancipation of the minor on the basis of Art. 27 of the Civil Code of the Russian Federation or when a minor enters into marriage as a result of a reduction in his marriageable age (clause 2, article 21 of the Civil Code of the Russian Federation).

Termination of the right to alimony by adopted children is due to the fact that, in accordance with paragraph 2 of Art. 137 (see commentary to it), adopted children lose their personal non-property and property rights and are released from obligations towards their parents (their relatives).

Disabled persons include women who have reached 55 and men 60 years old (regardless of the appointment of a pension to them in appropriate cases at an earlier age), disabled people of groups I, II and III, including disabled people from childhood, people who have not reached the age 16 years (Article 63 of the Labor Code of the Russian Federation), students under 18, and full-time students - until graduation, but no longer than until they reach 23 years of age. Restoration of working capacity is possible upon removal of disability, reaching the age of 18, termination of full-time education.

Situations are possible when a disabled person will no longer have the second reason - neediness (for example, a disabled person will receive a large inheritance). In such cases, the obligation to pay child support is terminated.

Termination of the maintenance obligation in respect of a disabled former spouse who is in need of assistance - the recipient of alimony upon his entry into a new marriage is due to the fact that maintenance obligations in such cases are transferred to the other spouse.

In paragraph 22 of the Decree of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 N 9 “On the application by the courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony” it is noted that the placement of a spouse receiving alimony from the other spouse in a home for the disabled on state support or transferring him to the provision (care) of a public or other organizations or individuals (for example, in the case of the conclusion of a contract for the sale of a house (apartment) with the condition of life maintenance), may be the basis for the release of the alimony payer from their payment, if there are no exceptional circumstances that make additional expenses necessary (special care, treatment, nutrition, etc. ), since, by virtue of paragraph 2 of Art. 120 of the RF IC, the spouse's right to receive maintenance is lost if the conditions that are, according to Art. 89RF IC, the basis for obtaining maintenance.

Answers to frequently asked questions

Is it possible to further collect alimony from the debtor if the child reaches the age of majority?

According to paragraph 2 of Article 120 of the Family Code of the Russian Federation, the recovery of amounts of alimony in court is terminated when the child reaches the age of majority or if minor children acquire full legal capacity before they reach the age of majority.

Upon the occurrence of the conditions stipulated by paragraph 2 of article 120 of the Family Code of the Russian Federation, the recovery of alimony is not performed.

At the same time, enforcement proceedings end only with the actual execution of the enforcement document (subparagraph 1, paragraph 1, article 47 of the Federal Law of 02. 10.2007 No. 229-FZ "On Enforcement Proceedings"). In view of the foregoing, the termination of enforcement proceedings for the payment of alimony upon the occurrence of the conditions specified in paragraph 2 of Article 120 of the Family Code of the Russian Federation, but in the presence of debt, is unlawful.

When a child reaches the age of majority, the bailiff is obliged to determine the amount of the debt and complete the enforcement proceedings only after its repayment. The legislator also provides for the right of the recipient of alimony in the event of a debt on the payment of alimnets to apply to the person obliged to pay alimony for the payment of a penalty in the amount of one second percent of the amount of unpaid alimony for each day of delay. The recipient of alimony is also entitled to recover from the person guilty of late payment of alimony, who is obliged to pay alimony, all the losses caused by the delay in fulfilling the alimony obligations in the part not covered by the penalty.