What is the amount of alimony for the parents of pensioners?

Alimony obligations in the family bother some citizens. It's not a secret for anyone that parents are obliged to allocate money to their underage children. But few people are aware that grown children should financially support their ancestors. Further we should find out, what the size of the alimony for parents-pensioners takes place in Russia. What do you need to collect money from the child for maintenance? What documents can come in handy for the implementation of the idea? Is it possible to reduce or increase the amount of payments? All this should be known to every citizen of the Russian Federation.

Alimony on parents - a reality or a fairy tale?

Are children obliged to keep their parents in retirement? Yes. Family legislation of the Russian Federation indicates that adult able-bodied children must financially support their ancestors. But for this it is necessary to observe certain conditions.

In practice, most often the children themselves help the retired parents. But if relations in the family do not develop, we will have to seek justice through the courts. How much will the amount of alimony be for retired parents? And who exactly has the right to material support?

Conditions for child support

Not all pensioners can rely on alimony from their children. Family Code in every possible way protects both ancestors and descendants. Therefore, money can be claimed from grown up children only under certain circumstances.

Parents must meet the following criteria:

• To reach the retirement age;
• Be disabled (except for 3 groups);
• To be in need;
• To be completely incapacitated and to have no chance of self-sufficiency.

Often in Russia, retirees continue to work. In this case, you will not be able to demand money from your children for your own maintenance. No court will stand on the side of an elderly person.

The main problem of such alimony disputes is the definition of need. The legislation of the Russian Federation does not provide for clear criteria on which the court can say with certainty that pensioners need support. Therefore, to foresee the amount of alimony for retired parents is problematic. In the same way as to say, when a child will pay ancestors, and when not.

Fathers and Sons

Some believe that the absence of official income from adult children can exempt from responsibility for the maintenance of their parents. But this is not so. Any able-bodied person can be taxed with alimony.

It should be noted that very often the material support from children is interested in divorced parents. Some of them appear on the threshold of the child's home only after the retirement age and claim that the grown up then has to keep them.

But this is not so. If the parent did not fulfill his obligations to a minor child (did not educate, teach, feed, contain) or abused his position (beaten, scoffed, crushed by parental authority), one can not pay alimony. The parents, who were deprived of their legal rights to children, also can not claim funding.

Problems of alimony

How much can alimony for retirement parents be? The size of this material support is very difficult to establish. Everything depends on the degree of need of citizens.

Often there are situations when fathers after the divorce in every way reduced alimony for their children. There are cases when the second parent allocated for children 1,500-2,000 rubles a month. And this is all the alimony that was put to the child.

In the future, such a payer will be able to claim alimony from his children. It does not matter how much money the citizen remitted for the maintenance of the child. The main thing is that he did it. As practice shows, the amount of alimony for parent-pensioners is not symbolic, as it happens when deciding the issue of keeping a minor child. Many families are faced with this injustice.

Exact amounts

Now a little about how much you have to pay your own parents. As already mentioned, this issue is decided on an individual basis.

What is the amount of alimony for retired parents? Everything depends on the degree of need of older citizens. The court usually takes into account the financial situation of children, but it is not the main determining material support.

To date, the judicial authorities pay attention to the following components in the award of alimony:

• Financial situation of parents;
• Financial opportunities for children;
• Real costs for the lives of pensioners;
• The level of need of the elderly;
• Sources of income for both parents and children;
• marital status;
• Facts of the fulfillment of parental obligations in the past;
• Other circumstances that may affect the course of the case.

Hence it follows that it is simply impossible to name the exact amount of alimony. With certainty, we can say that the court will take into account all the listed components and take into account the subsistence minimum of the region.

Adjustments to payments

Need to pay child support for the maintenance of retired parents? The amount of these payments will be determined during the court session, but the parties can solve this issue amicably among themselves.

The legislation of the Russian Federation allows citizens to adjust the amount of material support for parents, spouses and children. For this, you need to have certain grounds.

What is it about? For example, the following factors influence the increase and decrease in alimony :

• Changing the marital status of one of the parties;
• Improving the financial situation of parents;
• Decrease in the real income of the payer;
• Retirement of a pensioner;
• Receipt by the child of the status of a disabled or disabled person;
• Birth of underage children;
• Employment of pensioners.

To file a claim for reduction, increase or cancellation of alimony can both the beneficiaries of financial support, and the payers of funds.

Order of payment

Today it is difficult to predict the amount of alimony for retired parents. The procedure for allocating money to support older ancestors may also be different. As already mentioned, it is possible to resolve this issue both in a judicial order and peacefully.

It follows that money can be allocated to parents:

• By the tribunal's decision;
• By concluding an agreement on alimony from a notary;
• On a voluntary basis by agreement (oral).

Thus it is necessary to consider that payments can be appointed both in percentage to the salary of the payer, and in the firm sum of money. The second alignment is more common in practice. In the first case it is difficult to understand how many percent should be allocated for the maintenance of parents. After all, the legislation of the Russian Federation does not regulate this issue in any way.

Where to go for help

Do you want to reduce or increase the amount of alimony for retired parents? How to file an appropriate claim? Where can I get help on issues related to alimony?

In Russia, this topic is touched by magistrates. They are considering all claims for the assignment of alimony and their change. You can also apply to district courts, but only if, along with the assignment of payments, you want to divide up property that costs more than 50 thousand rubles.

Documentation

What documents can be useful to citizens when applying to court? To properly determine the amount of alimony for retirement parents, you will have to gather a lot of documents.

Among them most often are:

• Lawsuit with a detailed description of the costs of parents;
• Documents indicating the incomes of children and ancestors;
• Certificates of disability;
• Birth certificates for all children;
• Labor books;
• Pension certificates of parents;
• Other documents capable of proving the need of the parents;
• References indicating the insolvency of adult children;
• Documents of adoption.

The main thing is to justify your decision. It is advisable to present checks and receipts indicating the real expenses of the elderly. Then the court will be able to accurately assess how much the family needs additional support.

Load distribution

Assigned child support to retired parents? The size of these payments, as we have already found out, depends on the concrete situation. But this is not all the features of material support for elderly and needy parents.

The court always takes into account the number of able-bodied adult children in the family. Financial aid, expressed by alimony, is distributed among all children. Parents have the right to refuse payments from a particular child, but not to the detriment of others - the money will simply be deducted from alimony.

This means that the judiciary will never shift the burden of responsibility for disabled parents to only one descendant. Usually the aliment load is tried to distribute in equal parts.

Results

From now on it is clear what is the amount of alimony in Russia for retirement parents. A sample claim for the purpose of payment is presented below. This is just a template that will help formulate a statement of the established form.

In fact, the situation with financial support for parents in Russia is mixed. Around it there are various disputes. All emerging conflicts are better solved peacefully, but justice often goes to court. The amount of alimony for parent-retirees is approximately understandable. The Family Code of the Russian Federation in every possible way protects the elderly in need of citizens.