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Property rights of a child under family law.

If the obligation of parents to provide for their minor children arises regardless of the children’s need for alimony, but only on the basis of family ties, then a number of grounds are necessary for the obligation of adult children to support their parents.

This obligation is enshrined in Part 3 of Art. 38 of the Constitution of the Russian Federation, which states the obligation of able-bodied children over 18 years of age to take care of disabled parents. In the RF IC the word “care” is concretized into the concept “contain”. It is not difficult to notice that the Constitution of the Russian Federation uses the expression “disabled parents,” while in the RF IC an additional criterion is the parents’ need for alimony.

Consequently, for the emergence of child support obligations between children and disabled parents, a number of reasons must be taken into account:

Children reaching 18 years of age;

Children's ability to work;

Parental disability;

Neediness of parents (clause 1 of article 87 of the RF IC).

As in the case of the obligation of parents to provide child support to their children, the payment mechanism is based either on a voluntary basis, that is, by concluding an agreement, or in court. As a general rule, children's alimony obligations towards their parents become lifelong, but can be terminated if the grounds for such alimony no longer exist, for example, the parents' need ceases.

Also, in Art. 87 of the RF IC mentions the duty to care for parents, but, in general, this wording is declarative in nature. Moreover, there is no definition of this concept in the legislation, and we are talking more about a moral rather than a legal category. However, as noted by S.P. Grishaev, “the court may take into account the degree of care of the children when determining the amount of alimony to be collected from each of the adult children” Grishaev S.P. Decree. Op. WITH. ???.

The problem area, according to researchers, is the inability to demand alimony under Art. 87 of the RF IC from children who have not reached 18 years of age, but are recognized as fully capable under the Civil Code of the Russian Federation, that is, emancipated or married (clause 2 of article 21, article 27 of the Civil Code of the Russian Federation). According to family law, a minor cannot be a payer of alimony, and according to a number of scientists, this position of the legislator is criticized. In particular, O. V. Kapitova believes that if a minor works under an employment contract, then “he has a certain income, and there is no reason to exempt him from the obligation to support his parents.” Kapitova O. V. The legal nature of the alimony mechanism in family law of the Russian Federation: Monograph. M.: Jurisprudence, 2010. - P. 85. Consequently, we can agree with the opinion of N. Sh. Ibragimova, if a person is recognized as fully capable under civil law, then he can be recognized as such in family legal relations, which means “he may well be entrusted with the obligation to provide financial assistance to their disabled, needy parents” Ibragimova N.Sh. Decree. Op. WITH. ???.

Unlike alimony for minor children, alimony for parents is collected by the court in a fixed sum of money, and when “determining the amount of alimony, the financial and marital status of parents and children and other noteworthy interests of the parties are taken into account” (clause 3 of article 87 of the RF IC). Consequently, the court must take into account a number of circumstances, including the source of income of parents and children, the presence of dependents.

However, if an adult child does not have a permanent and sufficient income, then this cannot serve as a basis for canceling his obligation to support his disabled parents, as stated in the Resolution of the Presidium of the Supreme Court of the Russian Federation dated December 18, 2002. Resolution of the Presidium of the Supreme Court of the Russian Federation dated 18 December 2002 No. 187pv02pr // Access from SPS "ConsultantPlus".. Consequently, this obligation is unconditional, which is associated with the priority of the rights of parents to alimony in relation to the rights of children, since, as a general rule, adults and able-bodied persons can earn means of subsistence, but the disabled and elderly do not have this opportunity. Thus, adult children are obliged to provide their disabled, needy parents with at least a minimum of material benefits.

Also clause 4 of Art. 87 of the RF IC gives the court the right to “take into account all able-bodied adult children of a given parent, regardless of whether the claim is made against all children, one of them or several of them” (Clause 4 of Article 87 of the RF IC). It should be noted, emphasizes S.P. Grishaev, that this is “a right, but not an obligation of the court, which it can dispose of in the event of exceptional circumstances, for example, in case of incapacity of the defendant” Grishaev S.P. Decree. Op. WITH. ???.

In addition, it should be noted that in paragraph 5 of Art. 87 of the RF IC formulates two circumstances on the basis of which children are released from the obligation to support their disabled, needy parents.

Firstly, if the parents evaded their parental responsibilities and this circumstance was established in court, for example, the parent did not care about the health, moral and physical development of the child, and evaded paying child support. Secondly, when depriving parental rights, as this follows from the explanation of paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 27, 1998 No. 10 “On the application of legislation by courts in resolving disputes related to the upbringing of children,” which emphasizes that “the decision deprivation of parental rights entails the loss by parents (one of them) of not only those rights that they had before the children reached adulthood, but also others based on the fact of relationship with the child." Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 27, 1998 No. 10: ed. dated 02/06/2007: on the application of legislation by courts in resolving disputes related to the upbringing of children // Access from SPS "ConsultantPlus".. Thus, exemption from the obligation to support their disabled parents in need of help can be assessed as a sanction for the guilty behavior of parents in relation to their children.

Now it is necessary to note what parents need to prove in court when filing a claim for the recovery of child support for their maintenance. As for disability, in this case it is necessary to reach the retirement age - 60 years for men and 55 for women. Also disabled include people with disabilities of any group, which is recorded in paragraphs. 3 p. 2 art. 9 Federal Law “On Labor Pensions in the Russian Federation”. The basis of need is determined by the court in each case individually, in particular, the expenses and needs of the parent are compared.

Specifically, to demonstrate need, a parent must provide one of the following written evidence:

Certificate from the Pension Fund of the Russian Federation on the amount of pension;

Medical documents confirming the presence of a particular disease;

Documents confirming the need for expensive medical care;

Checks for the purchase of medicines, checks for treatment.

Children, in turn, must prove that they themselves are in a difficult financial situation, and also that there are wealthier children against whom the parent has not filed a claim. Also, for example, in addition to a low income, the defendant may have one or more children. In this case, two norms of the RF IC compete: Art. 87, which establishes the obligation of children to support their parents, and Art. 80 of the RF IC, which provides for the obligation of parents to support their minor children. According to S. Lut, “the obligation to support minor children prevails over the obligation to support parents, which means satisfying the claim in full may result in damage to the interests of the minor child.” Lut S. Child support for parents. When parents have the right to demand financial assistance from children // Lawyer to the rescue, 2014, No. 1 // Access from SPS “ConsultantPlus”..

In particular, the difficult financial situation of the person against whom the parent is suing for alimony is also a subject of proof. In this case, you must present the following documents:

If the salary is low - a certificate of employment in form 2-NDFL;

If there are minor children - birth certificates;

If the total income of the spouses is below the subsistence level for each family member - an income certificate (2-NDFL) from the spouse’s work;

If there is a disease in minor children, a certificate from a doctor.

In court decisions, the requirement to prove the parent's need is often ignored, and priority is given to the requirement of compulsory alimony for the parents Resolution of the Presidium of the Moscow City Court dated May 21, 2010 No. 44g-71/10 // Access from ATP "ConsultantPlus"..

But there are other court decisions. In particular, one of the court decisions states that “in support of the claims, the plaintiff presented only photocopies of two prescriptions and a receipt for the purchase of medicines in the amount of about 753 rubles,” which means it is impossible to compare “the plaintiff’s income and his necessary needs to determine the plaintiff’s need in material assistance" Determination of the Moscow City Court dated October 30, 2012 No. 4g/9-9438/2012 // Access from ATP "ConsultantPlus"..

Thus, the main difference between the obligation of parents to provide for their minor children and the alimony obligation of adult children to support their parents is that in the first case no grounds are needed for this, other than family ties, and for the obligation of adult children to support their parents to arise, a number of grounds are required.

The problem area, according to researchers, is the impossibility of demanding alimony from children who have not reached 18 years of age, but are recognized as fully capable under the Civil Code of the Russian Federation.

When are adult children required to support their parents?

In Art. 87 of the Family Code states that adult children are required to support their disabled, needy parents. Parents have the right to enter into an agreement with their children on the procedure and conditions for providing them with maintenance. If there is no agreement, parents can collect child support in court.

The basis for the emergence of this alimony obligation is the presence of the following legal facts:

Family connection between parents and children;

Children reaching 18 years of age;

Disability and neediness of parents.

Collection of alimony in court is possible only from adult children. An agreement on the payment of alimony can also be concluded with children who have not reached the age of majority. Minor children, even those who have acquired full civil capacity as a result of emancipation or marriage, are not required to provide maintenance to their parents. For persons married before the age of 18, this should be considered fair. With emancipated children the situation is more complicated. The basis for emancipation is that the minor works under an employment contract or is engaged in entrepreneurial activity. Consequently, he has a certain income and there is no reason to exempt him from the obligation to support his parents.

The disability and need of parents is determined in the same way as for adult children.

Alimony is collected in a fixed amount of money, the amount of which is established by the court based on the financial and marital status and other noteworthy interests of parents and children. Children are also required to support disabled parents, regardless of whether they have sufficient means or not. Therefore, child support obligations arise even if the children themselves are in a difficult financial situation. But this circumstance is taken into account when determining the amount of alimony.

The obligation of children to support their parents is a child support obligation of the first order. However, the presence of other persons obligated to support disabled parents influences the amount of alimony. If the parents, in addition to the defendant, have other adult children who are obliged to provide them with maintenance, they, in accordance with paragraph 4 of Art. 87 IC are taken into account regardless of whether a claim is brought against them or not. It is the right of the parents themselves to demand child support from only one of the children or from several of them and not seek help from the others. They may not want to receive child support from any of the children for personal reasons or because those children themselves are in difficulty. However, this does not mean that if only a few children are sued, the entire burden of supporting the parents should be borne by them alone. When determining the amount of alimony, the court takes into account the amounts that the parents could receive when collecting alimony from all adult children. Parents can also apply for alimony to their spouses and ex-spouses or to their parents, who are also the first-priority alimony obligees in relation to them. The presence of these persons characterizes the marital status of the parents and may affect the amount of alimony awarded.

If the court finds that the parents demanding alimony from their children have evaded their maintenance in the past, the children are released from the obligation to support their parents. At the same time, parents do not necessarily have to be convicted of malicious failure to pay child support. It is enough to prove that they did not provide children with maintenance in the past without good reason. This provision is a sanction applied to parents for failure to fulfill their parental responsibilities. By its legal nature, it represents a measure of responsibility and can only be applied if the parents acted guilty. The very term “evasion” always implies a deliberate form of guilt.

Children are also released from the obligation to support their parents if the latter have been deprived of parental rights and their rights have not been restored.

Family law (Article 87 of the Family Code) obliges children not only to provide maintenance to their parents, but also to take care of them. In this case we are talking about personal care and other types of assistance. The duty of care cannot be enforced. No one can be under a court-ordered duty of care because it creates a relationship that is so intimately personal that it cannot be enforced. However, assistance provided to parents may be taken into account when collecting alimony. For example, if a parent in need of outside care applies for alimony to his children, the child who is caring for him has the right to demand a reduction in the amount of alimony collected from him.

Official text:

Article 87. Responsibilities of adult children to support their parents

1. Able-bodied adult children are obliged to support and care for their disabled parents in need of help.

2. In the absence of an agreement on the payment of alimony, alimony for disabled parents in need of help is recovered from able-bodied adult children in court.

3. The amount of alimony collected from each of the children is determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed sum of money payable monthly.

4. When determining the amount of alimony, the court has the right to take into account all able-bodied adult children of a given parent, regardless of whether the claim is made against all children, one of them, or several of them.

5. Children may be released from the obligation to support their disabled parents in need of help if the court finds that the parents evaded their duties as parents.

Children are exempt from paying child support to parents deprived of parental rights.

Lawyer's comment:

The responsibility to support disabled parents in need of help and to care for them is assigned by law only to adult children. The acquisition by children of full civil capacity upon marriage or emancipation does not give rise to such an obligation, even if they have funds from entrepreneurial activities or sufficient earnings. This responsibility is assigned only to able-bodied children; disabled adult children themselves can demand funds from their parents for maintenance, regardless of the parents’ ability to work and whether they have the necessary funds.

Parents who have reached the age giving the right to accrue an old-age labor pension are recognized as disabled (men upon reaching 60 years of age, women - 55 years of age), regardless of their right to a pension at an earlier age, as well as persons recognized in the prescribed manner as disabled I, Group II or III (). Disabled parents have the right to demand alimony payments from able-bodied adult children only if they are in need of financial assistance. The obligation to support disabled parents who need help is unconditional and does not depend on the presence or absence of able-bodied adult children of a constant and sufficient income (unlike the obligation of a spouse (former spouse) to support another spouse).

The law also imposes on able-bodied adult children the responsibility to care for their disabled parents in need of help. In this case, the need for help is understood as the need not only and not so much for material, but for physical help and moral support for one’s children. However, the Family Code does not contain a special norm that imposes on adult able-bodied children the obligation to care for disabled parents in isolation from the obligation to support them, since with the help of law it is impossible to enforce the obligation to care for parents. The concept of “care” covers such actions as children regularly visiting their parents, caring for them if they need it, cleaning and repairing the home, providing parents with all the goods necessary for life, including at the parents’ own expense, etc. P.

As a rule, all parents need care and support from their children, regardless of their disability or need for financial assistance. However, for the reasons stated above, the law limited the obligation of adult children to care only for disabled parents in need of financial assistance. The consequences of failure to fulfill this obligation are provided for in Article 88 of the Family Code. Collection by court of alimony from able-bodied adult children for the maintenance of disabled parents in need of help is carried out only in the absence of an agreement on the payment of alimony. Paragraph 2 of Article 87 refers to a notarized agreement concluded in accordance with the requirements established by Chapter 16 of the Family Code.

An agreement on the provision of maintenance funds can be concluded between parents (regardless of their disability and need for financial assistance) and children, including those who are disabled and (or) minors. However, such agreements are not agreements for the payment of alimony concluded in accordance with Chapter 16 of the Family Code. An agreement to pay child support must be concluded between each of the children and each of the parents, even if it is executed in a single document. It must stipulate the amount of child support for each of the children in relation to each of the parents. Under such an agreement, parents are not joint creditors, and children are joint debtors.

In the absence of an agreement on the payment of alimony, its amount is determined from each of the children to each of the parents, based on the financial and marital status of each of the parents and each of the children and other noteworthy circumstances. A claim can be brought by both parents against all children and drawn up in one statement of claim, but it must contain the demands of each parent against each of the children. If one of the parents is declared incompetent by the court, a claim can be brought in his interests by the other parent only if he is the guardian of the incompetent person. The court may take into account the number of minor children of each alimony payer, the age and health status of each parent, the varying degrees of their need for outside care, treatment, etc. The amount of alimony is determined by the court in a fixed amount of money paid monthly.

Paragraph 4 of Article 87, on the one hand, is based on the principle of fairness, providing for the possibility of taking into account, when determining the amount of alimony, all able-bodied adult children of a given parent; on the other hand, this norm does not imply the mandatory involvement in the case of all children obligated to pay alimony against the wishes of the parent. Therefore, even if a parent does not want to bring a claim against all children, but brings it against only one or several of them, in his opinion, who have greater financial capabilities compared to those children against whom he does not make such a claim, the court nevertheless has the right take such children into account when determining the amount of child support. The court has the right, but is not obliged, to take into account all the children of a given parent. If a parent presents to the court evidence of the impossibility of obtaining alimony from one or more children against whom he is not making a claim, the court may take into account his arguments and not take such children into account when determining the amount of alimony, indicating this in the reasoning part of the decision. The presence of a spouse with the plaintiff parent does not exempt children from paying alimony, but when determining its amount, the court has the right to take into account the possibility of receiving maintenance from him.

Paragraph 5 of Article 87 reflects two opposing approaches of the legislator to resolving the issue of exempting children from paying parental support. When parents are deprived of parental rights in relation to the alimony payer, releasing him from paying alimony is not a right, but an obligation of the court, even if the parent demanding payment of alimony finds himself in a difficult life situation and has no other family members. The possibility of concluding an agreement between a parent deprived of parental rights and the child (children) in respect of whom the decision to deprive parental rights was made is not excluded, but such an agreement is not an agreement on the payment of alimony. When a parent is restored to parental rights in relation to a person from whom he is collecting alimony, the court does not have the right to exempt this person from paying alimony only on the grounds that at one time the parent was deprived of parental rights.

If the court finds that in the past the parents have shied away from fulfilling the responsibilities of raising or maintaining the children from whom they are demanding alimony, the court has the right, but not the obligation, to exempt the children from paying them. In such cases, the court has the right to take into account the exceptional life situation in which the parents find themselves demanding payment of child support. The fact of parents’ evasion of responsibilities for raising or maintaining children can be confirmed by a court verdict that has entered into legal force convicting the parent for malicious evasion of paying alimony in relation to the defendant, information about the search for a parent evading payment of alimony, about the parent’s transfer to a lower paid job with the goal of paying as little alimony as possible, etc.

However, in themselves, insignificant amounts of alimony paid, collected from a parent in proportion to his earnings, should not be regarded as evidence of his evasion from paying alimony, in particular, when the parent is serving a sentence in prison, where there may be no earnings at all or its amount is insignificant. When establishing the specified grounds for exemption from alimony payments, the court accepts and evaluates any evidence, including witness testimony.

Children's property rights belong to the category of ambiguous and little-studied concepts in jurisprudence. Difficulties are caused by poorly defined legislative norms that can regulate the property claims of minors as a subject of law.

The UN convention, which deals with the property and non-property capabilities of heirs, only briefly touches on relations related to the protection of their property claims.

Article 27 of the Convention declares that parents are obliged to provide for minors within the limits of their personal financial capabilities, but the protection of material claims is not considered at all.

Do children have the right to their parents' property?

The Family Code, Article 60 of the Family Code, provides for the protection of various options for property and non-property relationships between family members of different ages. The responsibilities of parents include providing funds for the maintenance of their offspring. All money - alimony, pension, benefits - is managed by the father or mother, or the persons replacing them, that is, guardians.

The purchase of housing by parents does not give the offspring ownership rights, just as parents do not have the opportunity to use the property of their offspring. Family law does not directly provide for this. Family members living together have the right to use the property in agreement with the other party.

In Russian legislation, Article 60 of the Family Code specifies in detail the property and non-property rights of the child.

Rights of minor children to parents' property

A minor citizen of the Russian Federation may be the owner of housing, but the property of his parents will not automatically be his property.

The offspring will have the right to own real estate only when the apartment is donated, inherited, or privatized. If a minor is only registered in a living space purchased by his father and mother during marriage or by one of them before marriage, then the child has no rights to the apartment in which he is registered.

Minors can only live in it, but not be the owners.

Rights of adult children to parents' property

By law, adult offspring cannot hope to own part of the apartment purchased by their parents. However, if the living space has been privatized, then upon division each family member will receive an equal share.

Also, according to Article 85 of the RF IC, disabled adult children are protected. Parents undertake to support them, and the court may allocate a share in the apartment for a disabled child. In addition, the law states that if part of the apartment belongs to a minor, then financial authorities cannot take it away for the debts of the parents.

Property rights of a child under family law

Family legislation provides for the protection of the interests of orphans and minors without guardianship authorities. This concerns the prevention of transactions for the alienation or exchange of inherited housing.

When spouses divorce, the rights of children when dividing property are not taken into account. The apartment is divided between the spouses into equal shares. But judicial practice shows that the court can take into account special circumstances, for example, the mother’s disability, etc.

In addition, the law guarantees the division into equal shares between family members of an apartment purchased with maternity capital.

Protection of personal and property rights of children - new law

Personal non-property rules prescribed in family law include:

The opportunity to be raised and live in a family according to the Family Code, Article 54;
Receive full development, respect for dignity;
Opportunity to know father and mother;
Communication with relatives according to the Family Code, Article 55;
Protection and care - Article 56 of the RF IC;
Expression of opinion - Article 57 of the Family Code;
At the IOF - Article 58 SK.

Also, the Family Code specifies the grounds according to which a citizen can change his full name.

Personal standards regulated by the Law of the Russian Federation “On Guardianship and Trusteeship”, Part 3, Article 13, include the possibility of choosing a trustee. In addition, Article 60 of the Family Code of the Russian Federation regulates the amount of property claims of younger family members.

Protection of material and non-property claims is carried out strictly in accordance with the legislation of the Russian Federation.

Property rights of children - Article 60 of the RF IC

Article 60 of the Family Code provides protection for the property and non-property claims of children. Namely:

Full maintenance by parents or other family members;
The ability to personally dispose of income, property received directly as a gift or inheritance, and property acquired with these funds;
Personal use of the property of the mother or father when living together.

Property and non-property claims of heirs born in a civil marriage in Russian legislation have weak protection. After paternity has been established, the father has the right to property only until he comes of age.

After reaching adulthood, a child born in a civil marriage, if not included in the will, does not have the opportunity to claim his father’s property. However, after birth, the father can register the baby with him, and after his death, during the division of property, he will receive his part of the apartment and personally dispose of it.

Additional Information -

In Art. 87 of the Family Code states that adult children are obliged to support their disabled, needy parents. Parents have the right to enter into an agreement with their children on the procedure and conditions for providing them with maintenance. If there is no agreement, parents can collect child support in court. The basis for the emergence of this alimony obligation is the presence of the following

258 Section VII. Alimony obligations

current legal facts: relationship between parents and children; children reaching 18 years of age; disability and neediness of parents. Child support can only be recovered from adult children in court.

An agreement on the payment of alimony can also be concluded with children who have not reached the age of majority. Minor children, even those who have acquired full civil capacity as a result of emancipation or marriage, are not required to provide maintenance to their parents. For persons married before the age of 18, this should be considered fair.

With emancipated children the situation is more complicated. The basis for emancipation is that the minor works under an employment contract or is engaged in entrepreneurial activity. Consequently, he has a certain income and there is no reason to exempt him from the obligation to support his parents.

Adult children are obliged to support their parents, regardless of whether they themselves are able-bodied and capable or not. If they are incapacitated, alimony is collected from their pension or other income, and if they are incapacitated, their interests are protected in the process by the guardian. The disability and need of parents is determined in the same way as for adult children. Alimony is collected in a fixed amount of money, the amount of which is established by the court based on the financial and marital status and other noteworthy interests of parents and children.

Children are also required to support disabled parents, regardless of whether they have sufficient means or not. Therefore, child support obligations arise even if the children themselves are in a difficult financial situation. But this circumstance is taken into account when determining the amount of alimony.

It is the right of the parents themselves to demand child support from only one of the children or from several of them and not seek help from the others. They may not want to receive child support from any of the children for personal reasons or because those children themselves are in difficulty. However, this does not mean

Chapter 24. Maintenance obligations of parents and children 259

It means that if only a few children are sued, they alone should bear the entire burden of supporting their parents. Therefore, when determining the amount of alimony, the court takes into account the amounts that the parents could receive when collecting alimony from all adult children.

Parents can also apply for alimony to their spouses and ex-spouses or to their parents, who are also the first-priority alimony obligees in relation to them. The presence of these persons characterizes the marital status of the parents and may affect the amount of alimony awarded.

This provision is a sanction applied to parents for failure to fulfill parental responsibilities. By its legal nature, it represents a measure of responsibility and can only be applied if the parents acted guilty. The very term “evasion” always implies a deliberate form of guilt.

Children are also released from the obligation to support their parents if the latter have been deprived of parental rights and their rights have not been restored.

Article 87 of the Family Code obliges children not only to provide maintenance to their parents, but also to take care of them. In this case we are talking about personal care and other types of assistance. The duty of care cannot be enforced. No one can be under a court-ordered duty of care because it creates a relationship that is so intimately personal that it cannot be enforced. However, assistance provided to parents may be taken into account when collecting alimony. For example, if a parent in need of outside care applies for alimony to his children, the child who is caring for him has the right to demand a reduction in the amount of alimony collected from him.

§ 4. Relations between parents and children regarding participation in additional expenses

Both children and parents may be forced to incur significant additional costs. In a normal family there is

260 Section VII. Alimony obligations

The provision of funds to cover these expenses is carried out voluntarily. In some cases, an agreement may be entered into between the payer and the recipient of such funds. An agreement can also be concluded to provide funds for expenses that are not absolutely necessary and cannot be recovered in court. In particular, parents can enter into an agreement to bear the costs of educating a child in a paid educational institution, paying for additional classes, and summer vacations.

Parents and children can also enter into an agreement to provide maintenance and pay for the education of children who have reached the age of majority. The collection of alimony in these cases, as noted earlier, is not provided for by current legislation, but no one can prohibit the parties from providing for such an obligation in the agreement they have concluded. Such an agreement will be legal and enforceable. The rules governing alimony agreements apply to him.

If there is no agreement to provide funds for additional expenses, parents and children entitled to receive child support in court have the right to file a claim to recover funds to compensate for additional expenses caused by exceptional circumstances.

Parents are required to provide funds to reimburse additional expenses for minor children and adult disabled children in need. Adult children bear this responsibility in relation to disabled parents in need. To satisfy the claim, the need for additional expenses must be caused by exceptional circumstances. This situation arises in the event of a serious illness or injury of the person who incurred the expenses, the need to pay for outside care, and in other exceptional cases.

Sometimes additional expenses are one-time in nature; in such a situation, the court determines their amount and they are compensated to the person who incurred them in the form of a lump sum. Sometimes a person forced to incur additional expenses is not able to first do so at his own expense and then demand compensation for them. Therefore, in paragraph 2 of Art. 87 of the IC provides for the opportunity to file a claim not only for compensation for expenses actually incurred, but also for the provision of funds for expenses that must be incurred in the future. The recipient provides the court with an estimate of the necessary costs and the court decides to what extent they must be paid by the defendant.

Chapter 25. Alimony obligations of spouses and former spouses 261

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