Idyll and mutual understanding do not reign in all families — often the relationship between parents and adult children is quite strained. But even in such cases, they have mutual rights and obligations — children need help before they reach adulthood, and parents after they lose their legal capacity. Therefore, alimony works both ways here, and even if contact with mom and dad is lost, you will have to part with the money — but under certain conditions.
How do the parties negotiate alimony payments?
The ideal option is for parents to negotiate alimony payments with their children in court. Although in a situation where children have not voluntarily helped mom and dad with a penny before, this is not always possible. But from the point of view of practicality, this is the best option.
"Another option is to contact someone who pays the child money, for example, his employer or the university where he receives a scholarship," said Evgenia Ryzhkova, an Attorney at Law at the Samara branch of Yakovlev and Partners Law Group.
You can change or cancel the agreement only if both parties agree. To do this, you will also have to draw up a document and certify it with a notary. Nothing can be done unilaterally.
If an agreement does not work out
It happens that children voluntarily refuse to pay at all. Then the parents can collect alimony in court. To do this, they need to prepare a statement of claim.
You must file a claim with the district court at the place of residence of the defendant or plaintiff. You can choose both paper and electronic media.
By the way, if a parent is suing only one child, and he has several of them, then the court may involve other children as co-defendants. Parents can also apply to the court if they are not satisfied with the amount of alimony prescribed in the previously concluded agreement. To do this, they will additionally need to request to terminate the agreement or invalidate the document.
What happens if you don't pay
Alimony may be collected immediately by court order. Immediately after the court makes a decision, it can issue a writ of execution to the plaintiff (it is handed over to the bailiffs) or immediately send it for execution (but only at the request of the parent).
Evgenia Ryzhkova: "In most cases, the enforcement proceedings for the recovery of alimony ends in connection with the filing by the recoverer of an application for the return of the enforcement document. This happens when parents agree that the debtor will pay alimony voluntarily, and for some reason it is not beneficial for them to have enforcement proceedings (for example, the employer takes the position that he will not comply with the bailiff's decision on compulsory recovery and offers to resign)".
Source - https://secretmag.ru/zhizn/roditeli-mogut-potrebovat-alimenty.htm