Philippine Family Code Obligation of Spouses to Support Each Other

Today we take to get to knowconcept, as alimony. Around this term a lot of disputes ascend each year. All of them affect certain families. Commonly, parents requite money to their children for maintenance. What are the other kid support obligations of the family? Who, whom and when should allocate funds to maintain an adequate standard of living? Nether what conditions? What is the social club of assignment and payment of pension? Understand all these features volition not exist hard, if you advisedly written report the laws of our state.

Description

What is it about? What is chosen pension in Russia? Who is facing these payments and under what circumstances?

Alimony - funds allocated forthe content of needy family members. Unremarkably, the corresponding payments are of a regular nature (monthly). Appointed mainly in relation to the provision of pocket-size children.

General characteristic of maintenance obligationsother members of the family unit is no different from the proposed definition. In the family, relatives under certain circumstances must financially support each other. But what near this demand to call up?

The order of engagement and payment

Alimony, according to the FC RF, can be paid and appointed in different ways. To date, there are diverse reasons for remittances between family members:

• payment of a judgment;
• voluntary transfer of funds by agreement;
• payment of alimony under an alimony agreement (executed past a notary).

It is recommended to solve alimentary disputes amicably. Merely in practice, this does not always work. Therefore, yous have to get to court.

Principal Payers

Who should pay alimony to whom? Family unit police indicates that family unit members are obliged under certain circumstances to support their loved ones financially.

Most often, pension is paid:

• parents / guardians / adoptive parents for their children;
• children by parents;
• spouses (including former ones) to each other.

Aliment obligations of other family members besides have place. Just they volition be told about them after. To begin with, let'due south talk about more common life situations.

"Children'due south"

Cash for children is paid, equally a rule, until they reach the descendants of adulthood. They can exist appointed both in matrimony and without it.

According to the FC of the RF, alimony is a manner to provide childrennecessary finances. The legislation of the country emphasizes that parents are obliged to support and educate their children before their 18th altogether (under emancipation - up to 16).

Likewise, payments tin can be made by parents atadult, only disabled children. For instance, disabled people. Duration of payments is limited only by the child's inability - until he gets the status of the athletic, parents are obliged to allocate funds for it.

Alimony for children from different marriages is collected without much difficulty. This practice has long been known. The principal thing is to recognize fatherhood as a payer of alimony (from time to time - motherhood).

The law establishes the post-obit corporeality of payments for children:

• 25% of the earnings of a denizen - for ane;
• 33% - for two;
• 50% - for 3 or more children.

Likewise, payments can be assigned in a fixed amount. This effect of the spouse (including the former) is decided either independently or through the courts.

Spouses

Minimum alimony allocated for the support of the spouse (and the onetime including) is non established. Specific payments depend on the degree of need of citizens.

Most ofttimes, a wife can claim alimony. She has this correct under the following circumstances:

• pregnancy;
• the presence of a kid under three years of historic period;
• incapacity for work;
• farthermost demand in the first yr after the divorce;
• care for minor disabled children (groups one and two);
• maintenance of care for adult disabled children of the 1st grouping;
• retirement (no more 5 years later on the divorce).

The hubby also has the right to support from his wifeunder the circumstances listed (except for pregnancy). The recovery of alimony for the maintenance of the mother of the child is normally carried out in a judicial procedure.

In all these situations, information technology is important to recollect,that the spouse volition be appointed to pay alimony merely if he has enough money. Otherwise, information technology is near incommunicable to achieve material back up. But if you try, alimony will be assigned. For example, if the spouse hides his income.

Parents

Pension for children from dissimilar marriages, as we have already donefound, mainly awards the court. The laws of Russian federation indicate that children who have reached machismo are obliged to finance their parents in need and who are not capable of contained work. Usually in families this issue does not cause problems - the child voluntarily helps his parents. But there are exceptions.

Parents can receive alimony from their children in the following cases:

• disability;
• retirement;
• inability that hinders work;
• acute need.

This means that a working retirement parent orjust a parent who decided to add problems to his child in life will non be able to get alimony. Especially due to the fact that in Russia there is no clear definition of the need.

The right to alimony from parents is lost if:

• they did non fulfill their obligations towards children;
• the parent was stripped of his rights;
• the denizen driveling his position;
• the parent did non pay alimony.

The size of payments is set taking into business relationship the subsistence level in the region, as well as by assessing the demand of the family unit.

From all of the above it follows that if a parent paid pension and kept his child (even with scanty payments), he will be able to demand financing from children in the future.

Other payers

Alimony obligations of other members of the family onpractice is extremely rare. Simply they still accept a place to be. In the family unit, as already mentioned, people should support each other. And financially including.

Who else can be an alimony payer? It:

• grandmothers;
• grandfathers;
• grandchildren and granddaughters;
• brothers;
• sisters.

In this case, grandparents should list their alimony for grandchildren, if:

• children (parents of the grandson) are in demand and incapacitated;
• children have no manner to collect coin for their maintenance from their parents.

Grandsons pay grandparents under the following conditions:

• at that place is a need for the latter;
• grandparents are incapacitated and can not provide for themselves;
• the elderly have no way to collect pension from their children and spouses.

Brothers and sisters will transfer funds for maintenance if:

• recipients (sisters or brothers) are incapacitated;
• There is no possibility to collect money from parents;
• potential payers of pension are able-bodied;
• I can not go money from my married man / married woman.

As already mentioned, alimentary obligationsother family members in practice are extremely rare. Only if they take identify, then ordinarily the parties are engaged in the settlement of this outcome in court.

Where to help solve the problem

Where to go for help with child support? Similar cases are considered in the world courts. Here, alimony payments are assigned, canceled and adjusted.

If, along with alimony, a section of expensive property is planned (over 50,000 rubles), a denizen must utilize to the commune court at the place of residence.

Listing of documents

You need to take certain documents with yous. They depend on the specific situation. Most often need to submit to the court:

• argument of claim;
• passport of the applicant;
• documents that confirm that the defendant is your relative;
• information near the state of health and the limerick of the family;
• documents indicating the income of the parties;
• proof of need / absenteeism.

In fact, everything just sounds and so hard. Unremarkably, when it comes to pension for children, parents and spouses, everything is solved quickly enough and simply. Merely the alimony obligations of other family members cause a lot of problem in real life.

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Source: https://erch2014.com/zakon/112057-alimentnye-obyazatelstva-drugih-chlenov-semi-kto-komu-dolzhen-platit-alimenty.html

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