Which are the Property and Alimony Rights of a Child?

According to Article 47 of the RA Family Code, the child has property rights, such as: to require living means from his/her parents and other family members and the right of a child to maintain his/her property.

Parents are obliged to keep their children. The procedure and conditions of providing a child with living means parents decide independently. If parents do not provide the children with the living means, the means for keeping the latter (alimony) are exacted from parents by judicial procedure.

In case of the absence of alimony paying agreement between parents alimony exaction from parents is implemented by judicial procedure by making monthly payments of the following amount:

a) 1/4 of the parents’ earnings and/or other income for one child;
b) 1/3 for two children;
c) 1/2 for three and more children.

The amount of the monthly payments for each child stipulated by the given Provision should not be less than the amount of the established minimal salary, and in case of alimony exaction from the unemployed parents, less than 20% of unemployment allowance. The amount of the shares stipulated by Provision 1 of the given Article can be reduced or increased, taking into consideration property and family status of the parties and interests deserving attention.

As for the rights of incapable major children, Parents are obliged to provide their vulnerable incapable major children with living means. In case of the absence of alimony paying agreement the amount of the alimony for major incapable children is established by court in stable sum. It is subject to payment each month proceeding from the property and family status of parties and interests deserving attention.

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