July 20, 2022

Does a parent living alone have to pay for the child’s housing?

By Azlyrics

The parent with whom the child lives can claim not only for alimony from the other parent, but and for additional payments. Corresponding changes in Art. 86 of the Family Code (SK RF) are effective from the beginning of 2020 . Aif.ru figured out who can claim to payment for housing and in what amount  h2>

No, not always. Both the father and mother of divorced living living responsible responsible for their their parent their living parents prove that:

    < li>doesn does own the housing s s 
  • the child also does not owner the housing s s s s s s 
  • is in a difficult financial situation, to pay rent or buy a home;
  • there are exceptional circumstances that require a parent to buy a home.

According tolawyer Valentina Zhog, exceptional circumstances, the courts recognize situations in which a parent with a child was forced to look for housing and bear unforeseen expenses. “Such circumstances include a situation where a mother or child has a share in an apartment where they lived with the whole family, but the father used physical violence against them and it was simply dangerous to be in the same room with him . But if, having similar rights to housing and adequate relations with the second spouse, instead of using or sharing the living space, the woman takes the child and leaves for no reason a rented apartment — there are no exceptional circumstances here and  the court will refuse to recover money for rent   — explains the lawyer. Exceptions are not only situations when there is a threat to life or health, but and cases when initially the parent and the child do not have any rights to real estate, the expert clarified.

What payments can recover?

The parent who does live with the child can claim money to pay housing and utilities.

The following amounts can be recovered:

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  • Expenses that have not yet been incurred, for example, payment under a rental agreement. As Zhogha explained to aif.ru, such expenses must be documented. "When considering such cases in courts, it is important that the needy parent has a signed rental agreement with the owner of the residential premises, which specifies the cost of housing and  payment terms  — commented the expert.
  • Costs already incurred, such as utility bills, over a three-year period.
  • How to get extra money for a child?

    All family issues can be resolved either by agreement of the parties, or in a court order.

    Agreement on additional expenses for maintenance of a child must be drawn up in writing, signed by the parents and necessarily certified by a notary. In document you can write:

    • the responsibility of the parent both to compensate for payments already made, and for the  —— a specific amount and frequency of payments;
    • method of transferring money;
    • details for transfer and algorithm for notifying when details change;
    • the procedure for replacing part of payments with property and  t. e.

    If a parent living separately from the child does not make contact, additional costs must be collected through the court. To do this, you must file a claim with the district court at the place of residence of the plaintiff or defendant. You don not need to pay the state fee for such requirements.

    “Going to court on such a matter is not necessary if the spouses remain in an adequate relationship and can agree on the amount of payments and their periodicity. Of course, you shouldn't trust        — it is better to conclude a notarial agreement. If the parent does not  fulfill the agreements, you will not need to go to court to recover money  — the agreement can be immediately carried to the bailiffs for enforcement, — a lawyer told aif.ru.

    How much should the other parent pay for housing?

    In the notarial agreement, you can prescribe any amount that which the parents agree — The law does not establish a specific amount of compensation.

    And when resolving the issue in a judicial proceeding, the court proceeds from the fact that the mother and father bear equal responsibilities for the maintenance of the child. “When considering one of the cases of the recovery of additional expenses for maintenance of two children, the court recovered from the father 1/3 of the cost of payment of housing rent and utilities, since parents must support the children equally (Decision of the Kstovo city Court of the Nizhny Novgorod Region dated July 30, 2020 in case No. gave an example of an expert.

    As a general rule, payments to additional expenses should be collected and transferred monthly, however, there is no prohibition on collecting the entire amount at a time (for example, if expenses already incurred are being collected).

    When  Shouldn't pay for the child's housing equally?

    It is important that the court can deviate from equality of spouses on the basis part 2 Article 81 IC RF. You can reduce the amount of expenses if the parent who lives apart from the child declares such a need and gives good reasons, for example:

  • the presence of other children or other persons whom the child support payer he is obliged by law to support;
  • the low income of the support payer;
  • the health condition of the parent living apart from the child (for example, the presence of an illness requiring expensive treatment).
  • Sources:

    realty.rbc.ru
    aif.ru
    www.domofond.ru
    sudact .ru

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