Alimony during divorce: necessary documents, registration procedure. Divorce through the Magistrates' Court with child support Divorce and alimony

Unfortunately, nowadays, due to the increased number of early, ill-considered marriages, divorces are not at all uncommon. Very often, before “running away,” spouses, among other things, manage to have children together.

According to official statistics, in the vast majority of cases, after a divorce, she remains with her mother. This means that the biological father of the baby is obliged to pay ex-wife alimony. At what point, according to the law, should regular deductions of alimony payments begin?

Child support never compensates for parental love!

Some citizens ignorant of legal issues believe that it begins exactly at the moment when the child’s father personally receives a complete package of papers describing the court’s decision on the issue of alimony payments for this particular family. However, the real order of things looks somewhat different.

The exact moment at which accrual for the child begins directly depends on the document on the basis of which the decision was made to collect money from the father for the maintenance of the child. It could be:

officially documented voluntary agreement between former spouses;
filed by the child’s mother in order to resolve the issue of alimony payment in court

Each of these cases requires separate detailed consideration.

Voluntary agreement on alimony payments

In cases where the decision to pay alimony by the father of the child was made by mutual consent of the former spouses, the “starting point” for calculating alimony payments is the date of the official conclusion of the relevant agreement. In practice, this means that exactly one calendar month after signing the papers, the baby’s mother can count on receiving a certain amount of money from her ex-husband.

From the point of view of avoiding unnecessary bureaucracy, this method of collecting alimony is certainly more convenient for both spouses. However, in practice, ex-husbands often strive to refuse the obligations outlined in the agreement they signed, mistakenly believing that such agreements have no legal force and no one will oblige them through the court. But in vain. However, there is no need to even explain how many nerves it then costs their ex-spouses to try to get their way.

In these circumstances, the ex-spouses set the amount of monthly payments independently, as they say, by agreement of the parties.

Statement of claim

If the spouses were unable to reach an agreement on the amount and timing of alimony payments, the child’s mother has the right to go to court to collect them. In this case, the moment the accrual of funds begins will be considered the day the statement of claim is submitted to the court office. After all, according to the law, submitted documents must be sent for consideration by the court immediately.

Alimony: who should pay and how much - answers in video consultation:

If the divorce took place a long time ago

Alimony is often a controversial issue.

The child’s mother retains the right to file a claim for alimony even several years after the divorce (if for some reason she has not done so before). However, it is worth considering that before her application is accepted, the woman will have to explain to the court staff what caused such a long delay.

If the reason for the delay was valid and the ex-wife can document this, there is a very high probability that the court will take her side, and the ex-husband will be required to pay alimony in full (that is, for the entire period of time that has passed since the divorce).

But if sufficient evidence is not provided to the court, all the money that could have been transferred in the time before the application was written will simply “disappear.” In a standard situation, the statutory period for paying alimony is exactly three years. This means that, no matter how many years ago the divorce occurred, in the event of a late application to the court, a woman can only count on the last 36 months, no more.

How to save time?

The calculation of alimony can be carried out in court

To start receiving child support payments as soon as possible, the child’s mother should not hesitate to file a claim. Ideally, before filling out the paperwork, consult with a specialist savvy in the collection of alimony. A correctly completed application will eliminate the possibility that the documents will not be accepted and will be delayed. The statement of claim must indicate:

passport details of both parents and the child;
the exact timing of the father’s evasion of child support;
bank account number where the collected funds should be transferred.

As a rule, alimony cases have a high priority in the queue for legal proceedings. The procedure for collecting alimony will be delayed only if the relevant papers were filed with the court immediately, simultaneously with (but in this case the delay will not be more than a month).

Lawyer=expert opinion:

The article we offer our readers provides guidance on the timing of the collection of alimony in favor of the child. As noted, there are 2 ways, agreement and through judicial coercion. Moreover, it often happens that the judicial route is a consequence of a violation of the agreement.

It is necessary to immediately draw your attention to the fact that in court it will be necessary to prove that the defendant is evading the fulfillment of his obligations. The court will have to be presented with evidence that the plaintiff tried to force the defendant to pay alimony. With this option, payments can be collected for the entire period of the overdue debt, but not more than three years.

But if there was no preliminary agreement, then the plaintiff can only claim alimony for the period that begins from the day the claim is filed in court. Neither party has an advantage when a dispute arises and is resolved. It is the equality of the parties in civil proceedings that is one of the principles of civil legal relations.

When collecting alimony for the maintenance of a child, his parents are primarily interested in two main questions- this is for one child in accordance with the requirements of the law (Family Code) and.

Depending on whether the parents have reached a compromise, alimony can be assigned either (using a notarial agreement) or through the court. The amount of alimony depends on the method of calculation: or.

Also, the social and family position occupied by each of the parties to the alimony legal relationship (father, mother, the child himself) has a significant impact.

Conditions for paying alimony

The parties to alimony legal relations when assigning alimony for a minor child are his parents: mother and father. Moreover, in 80% of cases the payer is the father, and the recipient is the mother (less often, vice versa).

Factors such as the official marriage of the parents or (the birth of a child out of wedlock) do not matter for the possibility of receiving child support, since payments can be safely collected in any case if father is documented(otherwise it will be necessary to go through the procedure initially).

Of course, the recipient (as well as the payer) of child support not every parent can become. This requires the following legal grounds:

Documented kinship with a child - only an officially registered parent can be held accountable for participation in the material maintenance of the child, confirming documents in this case are:
- entry in the father column on the birth certificate (not from the words of the child’s mother);
- certificate of paternity (issued by the civil registry office if the parents did not register the marriage);
- court decision on ;
- court decision on (or adoption of) a child.
Fact of evasion from voluntary participation in the maintenance of a son or daughter (or the absence of a notarial agreement on the payment of funds in their favor).
Child's failure to reach adulthood(18 years old) or lack of recognition of his early legal capacity (in connection, for example, with marriage).
Having a disability in a child who has reached adulthood.

The fact that the parent-deviator lives together or separately with the child is not significant - even if the mother and father are present on one living space Child support can be awarded if it is proven that there is no money for the family from the “negligent” defendant.

How much child support do you need to pay for one child?

There is simply no clear answer to this question, since the law does not establish alimony; payments can range from very small amounts to several tens of thousands.

Example. When assigning alimony from gr. Pakhomov for the maintenance of his son, the monthly payment amounted to 1/4 of the man’s official salary, equal to 30,000 rubles. after deducting personal income tax and 1/4 share of income when renting out property (apartment) in 10,000 rubles. The total alimony payments amounted to: 7500 + 2500 = 10,000 rubles.

It is important to note that the calculation of the amount of alimony from wages is carried out after deduction of income tax(NDFL).

How much is paid in hard cash?

Art. 83 of the RF IC provides for the assignment of payments to a child if the alimony payer is unemployed, receives a salary in foreign currency or natural products, or the shared method of withholding does not satisfy the basic needs of the child.

Usually, hard money amount(TDS) is tied to living wage per child in the region of residence of the family, and if it is not established, it is interpreted by the same average value for the Russian Federation as a whole. Since parents have an equal responsibility to support their children, the amount of the subsistence minimum is divided in half and collected from the payer of the funds. However, the court can often order deduction if he has a disability or complex illness, is involved in professional sports, art, etc.

Example. Collecting alimony in a fixed amount, gr. Volkova justified its size as follows: 10,312 rubles. - cost of living per child at the beginning of 2020 in the Bryansk region, 3000 - additional expenses for a son due to a spinal disease (massages, medications). Total - total cost per child per month:

10312 + 3000 = 13312 rub.,

13312 / 2 (equal content from each parent) = 6656 rub.- reasonable amount of alimony in the TDS.

Also, a fixed payment is subject to mandatory indexation in proportion to growth (Article 117 of the RF IC) so that a jump in consumer prices does not affect the maintenance of the child.

How to arrange child support for one child?

Family law provides for the possibility of obtaining alimony in the following ways:

Registration of a voluntary notarial agreement on alimony for one child

The possibility of drawing up an agreement between the parents (the payer and the recipient of funds for child support) is the best way reaching a compromise, since the agreement must be drawn up on mutually beneficial terms for each of the parties in terms of:

amount of payments;
deadlines;
providing for liability for failure to fulfill obligations, etc.

If the parents cannot reach an agreement on at least one of the points of the document, the notary will not be able to certify it and will offer to resolve the issue of child support in court, since the main criterion is reaching a compromise under all conditions without exception.

To get an agreement, both parents necessary contact a notary(and if the child has reached the age of 14, his presence is also required) with the following documents:

Passports of father and mother.
Child's birth certificate (as well as other documents confirming relationship - a certificate of paternity or a court decision of the same name).
Certificate from the place of work of the future payer indicating the amount of wages.
Recipient's bank account (card) details.

It is advisable to check the cost of a notary’s service for drawing up an alimony agreement directly at the notary’s office. For example, in the Bryansk region you will need to pay 5,250 rubles. Parents can pay for the service equally, or one person will bear the costs (by agreement).

The legislation emphasizes the obligation of notarization of a document (Part 1 of Article 100 of the RF IC), since it equates the agreement in legal force to a judicial writ of execution.

In case of failure to comply with the terms of the document by the payer, the recipient has the right to transfer the original of this document at the place of work"dodger" or to the bailiff service to enforce their demands.

This measure is more than justified, because the parent raising the child often does not have the opportunity to work full-time, and government payments for the child do not adequately cover the needs of the family.

If during a divorce we're talking about about maternity leave, the amount of alimony is established in one of the following ways.

When a person on parental leave files a claim, the court must assign the alimony payer the obligation to pay funds for ex-spouse. The amount of payments is determined directly by the court in a fixed amount based on the financial situation of both parties.
If there are two children, and one of them is under three years old, the court must also establish benefits for spouse who is on maternity leave.
If there are several children and they are from different marriages, each child will be entitled to no less than 1/6 part from the parent's income. At the same time, he will also have to take care of his ex-wife, who is on maternity leave.

Changing your payment method

If the parties agreed after the court decision on the payment of alimony, they can enter into an agreement. To do this it is necessary again go to the judge, on whose behalf the decision was made. The amount of payments under the newly drawn up agreement can in no case be less than that which was established previously.

Changing the amount of alimony

Russian legislation provides for the possibility of subsequent changes in the amount of alimony. This is possible through going to court any of the spouses.

The judge may change previously established amounts or percentages in one direction or another if the financial, marital status or life circumstances have changed significantly.

Reducing the amount of alimony

In order to reduce the amount of payments, you need to submit an application to the court at the place of residence of the person receiving maintenance. The application must be supported by relevant situations documents, confirming right to reduce the amount:

copies of marriage and divorce certificates;
copies of birth certificates of minor children;
documents confirming the grounds for the applicant’s request, for example, changes in his financial situation or family composition.

The amount of payments may be reduced in the following cases:

The family in which the child lives has been supplemented by a person obligated to support him. A simple example is that the woman raising this child got married again.
The recipient of alimony has reached the age of 16 and has his own earnings (or property that generates income for him).
The maintenance of children is fully provided by the state.
The payer's income is quite large. This is explained by the fact that the amount paid for child support may simply exceed his needs. In such a situation, the judge may be guided by the interests of the parent and reduce the amount.
The parent's income, on the contrary, is too small.
If the payer’s new family has another child, he can apply for a reduction in payments for children from a previous marriage.
The parent is divorced again and is required to pay child support for children from another marriage.

Increasing the amount of alimony

One of the parties can also apply to increase the amount to the court. You must complete an application and attach a package of documents to it:

copies of children's birth certificates;
a copy of the agreement or court decision on alimony;
documents, contents, justification for the requirement to change the size upward;
documents confirming the change life situation recipient;
calculation of the amount of payments and documents confirming it;
receipt of payment of state duty.

The basis for increasing the amount may be, for example, a discrepancy between the amount of alimony and the real needs of the child.

Amount of payments for spouses and former spouses

The amount of alimony for a former spouse can be established by agreement or by a court decision. In the first case, it is determined by the parties themselves. In the second, the court assigns a decision, taking into account the family and financial situation of all participants in the process.

The following requirements apply to payments to a spouse.

Determination of a fixed amount payable monthly.
Its total amount cannot exceed 20% of the payer’s earnings.
If, in addition to this, a person pays under other executive documents, the total share of deductions cannot exceed half of his income. Moreover, if the payer is serving a prison sentence, paying in addition to alimony also the damage caused by him, the total amount of payments can reach up to 70% of his income.

Income from which alimony is withheld

When it comes to child support payments, they take into account all parent's income, namely:

official salary;
bonuses and other types of material incentives, all allowances and additional payments;
government payments and maintenance received by persons holding government positions, as well as municipal employees;
scholarships and pensions;
monetary allowances for military personnel and police officers;
incomes of those convicted of crimes;
unemployment benefits and payments to those laid off due to liquidation of enterprises and layoffs;

Also, alimony is levied on income from business activities, leasing any property, owning securities and receiving dividends.

Income from which alimony is not withheld

Although the list of income from which alimony is paid is quite impressive, there are also some categories for which it is paid. does not apply:

travel allowances;
compensation, reimbursement for medical nutrition, vouchers to resorts and sanatoriums, relocation, replacement of working tools;
maternity benefits, payments for children, maternity capital;
social benefits and funeral payments;
financial assistance and pension in connection with the loss of a breadwinner.

As practice shows, collection of alimony payments is often made after the marriage is actually dissolved. The law does not prohibit demanding them even if it actually exists, but practice says otherwise. In order to speed up the procedure, it is recommended to file an application for alimony when filing a claim for divorce.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Concept and purpose

Divorce can be done voluntarily. To do this, spouses contact the registry office and submit a joint application. However, if there are common minor children, divorce in this manner is impossible, since their rights must be fully taken into account.

If spouses have children together who have not reached the age of majority, the marriage can only be dissolved through the court. To do this, one of the parties files a statement of claim, which in parallel may contain a demand for recovery ( such a requirement may be made by the parent with whom the children will live).

Submitting two claims at the same time significantly reduces the time it takes to receive funds needed to support children. Otherwise, you will have to wait until the divorce decree comes into force and only then file a new one.

An application for divorce and alimony is filed when there are no other options left.

The parties have exhausted the limit of mutual trust and believe that establishing alimony on a voluntary basis is no longer possible.

Where to contact

An application for divorce and alimony is submitted only to the magistrate's court. Territoriality is selected based on the defendant’s place of residence, and if this is difficult, then on the plaintiff’s place of residence. However, to do this, it will be necessary to prove to the court that filing a claim at the defendant’s place of residence is impossible.

If, in addition to these requirements, it is necessary to divide property or establish paternity, then the claim must be filed in a city or district court.

Divorce can be carried out voluntarily, but if there are minor children, going to court will still be required. But if the parties can agree, then the option of a conclusion will be available to them.

Required Criteria

A marriage can only be dissolved by a court decision in the following cases:

The presence of joint children who have not reached the age of majority.
One of the spouses refuses to dissolve the marriage voluntarily ( does not make contact and does not appear at the registry office).
The location of the spouse cannot be determined ( for example, the spouse was missing or was in circumstances that may suggest this).
It is necessary to determine which parent the children will live with ( the parties could not agree on this voluntarily).
The establishment of alimony is required.
During a divorce, it is necessary to divide the property that was acquired jointly by the spouses.

The last three points can be resolved either simultaneously with the divorce application or by filing a separate statement of claim.

Some experts advise looking at everything at once to resolve the issue once and for all, but some say that looking at it all together will only confuse the process.

The issue of alimony can be resolved voluntarily, if an agreement is reached between the parties. To do this, you need to contact a notary and certify what was signed between the parties, which may contain conditions on, and other issues relevant to the case.

Structure of an application for divorce and alimony

An application for divorce and alimony must contain the following information:

Address of the court, as well as its name and territoriality ( that is, court details).
Details of the plaintiff, defendant and third parties ( full name and residential address).
The amount of the claim and the amount of the fee or an indication that there is no need to pay it.
Title of the application (statement of claim for divorce and alimony).
Description of events ( the fact of marriage, termination of actual family relations, an indication of joint children and a link to their birth certificates, an indication of the impossibility of resolving some issues voluntarily).
Reference to the rules of law substantiating the applicant’s position.
Request to the court to dissolve the marriage and establish alimony payments.
List of applications ( that is, documents to which the party refers).
Date and signature of the applicant.

Package of documents

The following papers must be attached to the application for divorce, which simultaneously raises the issue of establishing alimony:

A document that can confirm the identity of the applicant. The main document that serves this purpose is a passport, but when it is not available, another document can be used - a foreign passport, temporary ID, and so on ( It is worth remembering that a driver’s license is not included in this list).
If you have a copy of the defendant’s identity document, you must attach it too.
A paper that can serve as proof of the fact of marriage ( relevant certificate issued by the civil registry office).
A certificate that confirms that children were born in the marriage.
Documents confirming the financial position of the parties ( for example, certificates of income, availability of property, documents confirming the applicant’s expenses (for example, receipts for payment for the child’s treatment) and so on).
Documentation about the health status of the applicant and children. Such documentation must be obtained from a certified medical facility.
A power of attorney in the case when the claim will be filed by a representative of the plaintiff, and not by him personally.

All copies that become an appendix to the claim will need to be certified or the originals provided to the judge ( at the first meeting).

The judge will check the documents against the original and affix a stamp. Otherwise, the documents can only be accepted as indirect evidence.

Do I need to pay tax

To file a claim for divorce, you must pay a fee of six hundred rubles.

If another issue is being considered in parallel, for example, the division of property, then the amount increases by three hundred rubles.

When filing a claim for alimony, no fee is paid. It will be recovered from the losing party in the amount of one hundred and fifty rubles.

Procedure and results

Both issues, divorce and alimony, are considered within the same trial. The parties provide their evidence, arguments, answer mutual questions, during which the judge makes a decision.

The outcome of the case will depend entirely on the evidence each side provides.

However, the decision on both issues will not necessarily be the same. The court may well satisfy the request for divorce, but refuse to establish alimony ( for example, if the father files a counterclaim during the proceedings and challenges paternity).

Judicial practice on such issues is quite diverse. However, divorce is most often granted, except in cases expressly established by law, that is, during the pregnancy of the spouse and within a year after the birth of the child. In such situations, it will be possible to dissolve the marriage only at the request of the wife.

Alimony is also most often established unless the spouse proves that the child is not his. The father can slightly reduce the amount of required alimony, but for this he needs good reasons, supported by documents.

The legislative framework

The procedure for concluding and dissolving marital relations is carried out on the basis. The same legal act defines alimony obligations, including the rights and obligations of the parties and other circumstances.

A marriage can be dissolved voluntarily, but if there are disputes, this action is carried out through judicial proceedings. The procedure for the court's actions, as well as other issues related to resolving the situation through the court, are established by the norms of Civil Procedural Law.

If there is a prenuptial agreement between the parties, it must be taken into account during the divorce. It is concluded according to the rules for concluding transactions, which are regulated by the Civil Code of the Russian Federation.

The forced collection of alimony is regulated by the Federal Law “On Enforcement Proceedings”. This act determines the procedure for collecting alimony, the property that may be subject to collection and other issues.

But in this case it will be necessary to provide evidence that the defendant deliberately evaded from payments.

Where to apply for alimony after divorce

In cases where one of the spouses does not want to fulfill their obligations to support the child, the parents need to resolve this issue together through negotiations. They can prepare and sign alimony payment agreement, in which to specify all the necessary points regarding payments to the ex-spouse caring for a minor. You will need to indicate:

When the agreement is ready, you should contact a notary who will notarize it. After this, this document will have the force of a writ of execution.

However, if it was not possible to find some compromise on this issue, the parties could not agree, or for some reason one of the spouses thinks that he should not comply with the requirements of family law, the dispute over the collection of alimony from him can be resolved judicially(Clause 2 of Article 80 of the RF IC).

If there is no agreement between the former spouses, the amount of payments will be determined in court in the following amounts:

One fourth of earnings per child.
One third part is for two children.
Half of earnings for three or more children.

In this case, the family, financial situation of the parents and other circumstances will be taken into account (clause 2 of Article 81 of the RF IC).

If the former spouse who is obligated to pay alimony has an irregular income or is unemployed (that is, he has no income), then the court may determine the amount of funds collected monthly, in fixed amount of money(Clause 1 of Article 83 of the RF IC).

There are certain principles, according to which such disputes will be considered in court. These include:

equal obligation of former spouses to support a minor child;
the obligation of parents to support their common children, regardless of when they were born - before or after divorce;
court decisions in cases of alimony collection are valid throughout the country;
equality of all existing children of one parent to receive full maintenance from him.

How to apply for alimony after divorce

If the former spouses did not come to a common opinion and it was decided to sue for alimony, then you need to take into account some nuances.

If there are several common children, then after the court makes a decision according to which the parent who evades transferring funds for the maintenance of the child will be obliged to pay alimony, such a document will be valid for a certain time. Namely, until the eldest child reaches eighteen years of age.

After this, the amount of deductions must also be reviewed in court, taking into account the number of remaining common minor children.

It happens that a person has doubts about whether he has the right to go to court with something like this. So, an application for the collection of alimony can be filed by a former spouse in cases where, by a court decision, minor children remain to live with him after the divorce. This is not affected by the fact who initiated the divorce.

According to established judicial practice, children under eighteen years of age remain under mother's care. Consequently, she is the plaintiff in such a child support case. Single fathers also have the right to file such an application for the recovery of financial assistance if the children remain with him and he provides for them without the financial support of his ex-wife.

Situations are possible when children remain with both the father and mother. In this case, alimony may be recovered from one of the spouses in favor of the other, who is less wealthy(clause 3 of article 83 of the RF IC). In this case, payments will be determined in a fixed monetary amount.

Once the decision has been made to sue, you will need to prepare a package of documents, including a statement of claim, and take them to the magistrate. His You must choose the location yourself. This may be a justice of the peace located in the locality at the place of registration of the plaintiff or the defendant - the former spouse.

If the applicant has great financial difficulties, the court may temporarily assign some monetary support before making a decision on alimony.

Claim for alimony

It will be accepted if it is compiled correctly. Such a document must contain appeal to court. It must indicate:

Number of the precinct of the magistrate to whom the application is being submitted.
Passport details of the plaintiff and defendant: last name, first name and patronymic of the person, address of residence.

The statement also consists of descriptive part. It must reflect all the circumstances relevant to the case. Here you need to clearly and in detail explain all your requirements to the defendant.

Then comes pleading part, which contains a request to collect child support. You can also ask the court to invite the other parent to participate both in the expenses already incurred and in those that will be incurred in connection with the child’s illness and other circumstances (Clause 1 of Article 86 of the RF IC). After this you need to put date and signature.

The claim ends with the paragraph "Applications" with a list of documents that the plaintiff attaches to this application. The documents specified in the application must be attached to only one copy of the claim.

Documents for filing for alimony

In order to file a claim against your ex-spouse for alimony for minor children after a divorce, you must prepare certain documents and their copies. These include:

identity documents (passport) of the plaintiff and defendant;
certificate of divorce;
birth certificates of children under the age of majority;
income certificates;
certificate of family composition;
receipt of payment of state duty.

In some cases, it will also be necessary to provide other documents confirming the grounds for the claims made against the defendant, that is, which indicate the plaintiff’s need for financial support. This could be the following information:

about disability;
about retirement;
from the hospital about registration for pregnancy.

It is not prohibited to attach to the claim other documents that, in the opinion of the applicant, may clarify the current situation.

If you do not know about the income of the other spouse, then to obtain this information you can contact the magistrate court by filing an appropriate petition. He will request from the competent authorities the relevant data, which will be attached to the case under consideration.

The judge, at his discretion, may require other documents in addition to the listed documents. This can be found out directly at the court hearing.

Questions from our readers and answers from a consultant

My husband and I divorced three years ago. We have two minor children left. Now they are 8 and 11 years old. My husband doesn't help us. Refuses help. Can I apply for child support now?

According to family law, you have the right to file a claim with the court for the recovery of alimony for the maintenance of common children at any time, but before they reach the age of eighteen. Payments will be accrued from the date of application to the court.

After the divorce, my son stayed with me. Upon divorce, we entered into an agreement and had it certified by a notary. Four years ago he got new family, and from that time on he stopped making payments. This year my son turned 18 years old and went to study at a university, so we need money to pay for his studies. Can I sue my ex-spouse to recover back alimony payments for these four years?

Since upon divorce you signed and notarized an agreement, you have the right to sue your ex-spouse to collect arrears of alimony, but only for the last three years preceding the application to court.

My daughter entered a university as a full-time student. She turned 18 years old. Until that time ex-husband paid alimony regularly without delays. Can I apply for child support again due to my child's education?

Child support is payable only until the child reaches adulthood. After this, it is impossible to recover funds for the maintenance of your common eighteen-year-old child. According to Article 85 of the RF IC, only disabled adult children (for example, those who are disabled) have the right to demand alimony from their father.