Muscovite Anastasia won a lawsuit against her father, who demanded alimony. Ekaterina, a resident of Murmansk, also tried to sue her parent over payments, but to no avail. According to lawyers, in most cases, the courts take the side of disabled pensioners. There are only two grounds for refusal to the plaintiffs: deprivation of parental rights and gross official non-payment of alimony by them.

“Father doesn’t care that I have a baby”

A year ago, 25-year-old Muscovite Anastasia was sued by her 66-year-old father to collect alimony for his maintenance - the man lost his part-time job and lived only for a small pension.

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

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

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

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

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

As a result, having filed several appeals, Anastasia and the lawyer managed to prove that her father was insolvent as a parent, and payments in his favor were canceled.

“We didn’t have love with them”

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

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

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

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

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

“We tried to challenge this decision, but they [the parents] are suitable for help in all respects. We discussed it with my brother and decided to put up with it, because nothing can be done, ”concluded Ekaterina.

Back to news alimony and so on, explained lawyer Alexander Redkin.

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

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

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

“The need is checked by the courts in the same way - if a parent has no other source of income other than a pension, then he is in need, according to judicial practice. At the same time, you need to understand that in this case, all adult children are involved in payment - not only the one to whom the parent sued.The only reason that exempts from the obligation to support his parent is the improper performance of his parental duties. The proof in this case will be administrative or criminal liability for non-payment of alimony,” the lawyer emphasized.

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

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

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

“For example, we have very elderly parents who collect child support to pay for medicines, nurses, cleaners. There is such an example when a child hired a nurse, and then, at her suggestion, the parent filed a claim for alimony and the court satisfied him. The amounts are mostly small and, as a rule, are tied to the subsistence minimum for the subjects for the disabled population, ”concluded the head of the family law practice.

bbabo.Net