There are many reasons for refusing child support. Each mother makes this decision independently. However, in certain situations it is impossible to do without the participation of government agencies, since in this matter it is important to respect the interests of the minor, and not his parents. Having decided to refuse financial assistance from her ex-husband, a woman should know how to cancel child support at a certain stage of its collection. Since this situation affects children's rights, it is regulated by law and is mandatory for all parents to comply with.
Child support
/Popular articles You can collect alimony for the maintenance of a child or other family members in an order (simplified) order or in the format of a claim proceeding. A claim for alimony or an application for a court order must be drawn up independently and filed with the court, taking into account the general requirements and rules. In some cases, the law provides for the possibility of completely releasing the payer from the need to pay alimony, in particular when his financial or marital status changes.
However, your right not to pay alimony will need to be proven in court. The Family Code of the Russian Federation (hereinafter referred to as the Family Code of the Russian Federation) establishes the obligation of parents to support their children ().
It can be carried out by the parties, on the basis of a concluded agreement, and in its absence, the interested party has the right to go to court to forcefully collect these funds. If we are talking about an agreement, then all the conditions for alimony payments are prescribed directly in it (RF IC).
How to correctly draw up an application for revocation of a writ of execution
The application does not have a unified form; it is drawn up in simple written form, reflecting the following information:
- Names and addresses of the bailiff service department conducting the collection.
- Information about the parties to the process: full name and address of the claimant and payer.
- Grounds for collecting funds: when and by which court the decision was made or the alimony agreement was drawn up, when the executive act was accepted for production.
- The applicant's requests for the return of the writ of execution and termination of collection.
- Justified reasons for the review.
- Dates for requesting feedback.
- Claimant's signatures.
A sample application for revocation of a writ of execution can be downloaded here.
The application is drawn up in two copies: one for the SSP, the second for marking acceptance (returned to the applicant).
Should a mother pay child support when abandoning a child in a maternity hospital?
» » Different situations happen in life. It also happens that mothers do not pick up their newborn children from the maternity hospital.
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- Form of agreement on payment of alimony for a minor child: sample 2020
Let's not touch on the moral side of the situation.
From a legal point of view, it is important to find out this: is it necessary to pay child support when abandoning a child in a maternity hospital? Contents Firstly, it all depends on how exactly the documents are drawn up.
If, for some reason, information about the mother does not appear in official documents, then there is no one to file claims regarding the payment of alimony for the abandoned child.
The procedure for canceling alimony in court
Before refusing to pay alimony, an applicant who believes that they do not need to pay money for the maintenance of the child can contact the judicial authority. He considers these issues and decides whether it is advisable to satisfy the citizen’s demands, based on legal norms.
In order for the hearing to take place, the plaintiff must file a statement of claim and collect a package of documents confirming his case.
The number of copies corresponds to the number of participants in the process. That is, you need to prepare 4 packages of documents. One consists of originals - for the judge, three contain copies - for the applicant, the prosecutor and a third party, which is the guardianship authority.
At the next stage, the procedure for canceling alimony obligations is carried out. It is considered obligatory for the plaintiff to prepare for the court hearing, to argue his own position with reference to the rules of law.
If his claim is satisfied, the bailiffs will receive information in the form of a decision with instructions to terminate enforcement proceedings. In case of refusal, the citizen can appeal to a higher court to appeal the verdict.
Sample statement of claim for cancellation of child support
In judicial proceedings, the statement of claim plays a key role. Since it is in it that the citizen expresses his request for an event to cancel alimony obligations.
This document should reflect:
- in the upper right corner of the sheet indicate the name of the court and the personal data of the applicant. Last name, first name, patronymic, place of registration, place of actual residence and contact telephone number for feedback;
- in the middle of the sheet write the name of the document - a statement of claim for the cancellation of alimony;
- the content part describes the circumstances of the case. For what reason does the plaintiff want to stop paying, indicating the articles of regulatory legal acts where it is stated that this procedure is possible;
- The line below is a list of documents attached to the application. They confirm the facts reflected in the content;
- dated and signed by the applicant.
The plaintiff's demands must comply with the law, otherwise his actions will not be successful.
Alimony and everything about it
In recent years, the issue of changing the model for collecting alimony has been constantly raised in our society.
An acute problem remains that a large number of alimony recipients become alimony debtors, and their children who need payments are left without money.
In this regard, new laws on alimony in 2020 are primarily aimed at combating alimony debtors. However, concessions are also applied to defaulters.
If you look at the basics of legislation, there are no changes here due to its effectiveness, this applies to both the procedure for collecting alimony, their methods of assignment and the processes of conducting and initiating enforcement proceedings for alimony. In 2020, the State Duma approved many new proposals on alimony. Let's take a closer look at them.
“On recognizing a debtor for alimony obligations as missing if his search was unsuccessful”
— this bill is the most controversial and was very much discussed in society; the final adoption of the law is planned for 2020.
Alimony for an abandoned child
» » The mother who gave birth to the child may not pick him up from the medical institution.
She can cite unsatisfactory financial situation, lack of own housing, and others as reasons. Recording information about her serves as the basis for collecting alimony for an abandoned child. Contents There is no provision in the Family Law of the Russian Federation that would provide for the abandonment of children by parents.
After documents have been drawn up for the baby at the civil registry office - a birth record and a birth certificate - the parents, in addition to their rights, have responsibilities for the maintenance of their children.
But certain responsibilities arise even before registration. One of them is to pick up the child from the maternity hospital.
Alimony payments to an abandoned child left in a maternity hospital: consequences, features
In a situation with an abandoned child, in most cases it turns out to be quite difficult to involve the second parent in the fulfillment of material obligations. This possibility is present only if the marriage is officially concluded in relation to the woman’s spouse, or if the mother can document paternity. In addition, authorities applying to the court to collect alimony must have personal information about the baby’s father.
But the husband of the woman who left the child in the maternity hospital also has the right to challenge the collection of alimony payments from him. To do this, the parent will need to provide the results of a genetic examination refuting the fact of paternity.
Also, the mother of the baby must remember that some actions or inactions considered during the trial on the assignment of child support payments and deprivation of parental rights may lead to criminal liability. If, through the fault of a woman, before the baby is transferred to the guardianship authorities, harm is caused to the baby due to lack of proper care and provision, in addition to the collection of funds for the material maintenance of the baby, the mother faces measures provided for by the current Criminal Code of the Russian Federation.
Also, in this situation, the woman is deprived of the right to return the property previously registered in the name of the baby under a gift agreement, even if the baby is adopted by other people.
A mother leaving her baby in a maternity hospital should remember that her obligations to pay child support remain in accordance with the norms of current legislation. But in case of refusal, the woman is deprived of any rights to the child, with corresponding consequences.
Child support
– these are regular cash payments from an able-bodied family member in favor of a disabled one.
Typically, a child lives separately from one parent after a divorce.
Payments without divorce are also possible in the event of the actual breakdown of a marriage and separation of spouses. The transition of the child to the actual maintenance of the payer releases him from alimony according to the appropriate court decision.
The obligation to support children, as prescribed in the RF IC, can be fulfilled voluntarily, or maybe by a court decision.
Parents are required to support children until they reach adulthood (18 years old), and disabled adult children - depending on the latter’s need for help (for example, if the child has one).
How to cancel alimony in court
Before you formalize a waiver of alimony and cancel alimony, you need to understand why this procedure will take place specifically in the situation of the alimony payer.
It must be legally justified and prove that the child does not need the support of this parent.
Such facts may be the presence of information about the adoption of children, the absence of consanguinity between the plaintiff and the minor, as well as their residence together.
Considering that the collection of maintenance money occurs through the courts, the event of canceling payments is carried out in the same way.
The applicant needs:
- collect a package of documents proving that there is no need to provide financial support for your son or daughter,
- file claims
- and send them to court.
Alimony to parents from children
Supporting vulnerable and low-income segments of the population is a priority direction of the state program in the field of social regulation. This is especially necessary for pensioners and older people who are unable to independently provide an acceptable level of income.
In this case, child support to parents can significantly improve the situation of elderly citizens.
The basic rules that regulate the relationship between pensioners and adult children are contained in the Family Code of the Russian Federation (FC RF).
It contains responsibilities for the maintenance of elderly parents.
Parental support for adult children is paid to several categories of citizens: Pensioners: women - upon reaching 55 years of age, men - upon reaching 60 years of age.
Disabled people of groups 1, 2, 3: parents with disabilities of groups I and II who are recognized as disabled, regardless of reaching retirement age, with disability of group III by agreement between family members or by court ruling.
This is important to know: Child support: this is the income of the mother or child
Release from obligations
The RF IC provides that abandonment of a child is possible only in the event of deprivation of maternal rights. Article No. 69 of the Family Code regulates the process of deprivation of parental rights, while Article No. 73 specifies a list of circumstances that can lead to restriction of the actions of a guardian without deprivation of maternal or paternal rights.
If the mother decides to abandon her obligations to raise and support the newborn, then she still needs to pay child support, as if her minor children live with their father, grandmother or relatives. The mother's refusal must be made in writing. The mother’s name must be indicated in the refusal, as well as in other official documents, since otherwise it may be problematic to collect alimony from the mother.
Consequences of refusing alimony
Violating the interests of a child entails punishment. Depending on the severity of the crime, this may be a fine, forced labor or a prison term. Read more about the consequences of refusing to pay alimony later in the article.
By circumventing court orders, you can relieve your ex-husband of the obligation to support their children. Problems with the law may arise if the guardianship council suspects a violation of the child's rights. If, during a divorce, a wife refuses alimony and infringes on the interests of minors remaining in her care, this is considered a crime.
If the mother’s financial condition is low and she is unable to provide proper care, which threatens the life and health of young children, she is deprived of parental rights by court decision.
If the refusal to pay alimony during a divorce was formalized through a settlement agreement, but the conditions were not met, this is regarded as malicious evasion of payment. The defendant is obliged to compensate for the damage in an administrative manner (fine, community service, confiscation of property in favor of the injured child). If the amount of debt is excessively large, forced deprivation of parental rights and imprisonment for a period established by court are provided.
A frequently asked question to lawyers is whether a voluntary application for refusal to pay alimony is exempt? The answer is no. Even if the spouse, having left the family, renounced paternity, he is obliged to provide financial assistance to his children until the youngest child reaches the age of 18. The amount and form of punishment for non-payment are determined in court.
Father's Responsibilities
If the child’s mother was not married at the time of childbirth, and there is no information about the father (full name, place of registration and work, phone number, etc.), then all obligations to pay child support for the abandoned child rest solely with the mother. It is possible to hold a father accountable for providing for an abandoned child only after his identity has been established.
In the case where a woman was married, the husband's name is recorded on the birth certificate. A husband who is not sure that the newborn is his biological child has the right to challenge his paternity in court and get rid of the need to pay financial assistance to the baby left in the maternity hospital.
Considering the social aspect of the problem, it can be noted that mostly dysfunctional mothers with mental or financial problems who are unable to establish the identity of the father leave their children in the maternity hospital. Thus, cases when a father pays child support for an abandoned child are extremely rare.
Legal grounds and reasons for canceling alimony
The process for exemption from alimony is implemented in accordance with Article 120 of the RF IC if:
- the child to whose account the money was credited has reached the age of majority (18 years old);
- one of the participants in the procedure died (payer or minor);
- an agreement has been concluded indicating an agreement between the claimant and the debtor using a notarized document;
- a person who has been disabled since childhood has acquired the ability to work (by court decision). Therefore, the transfer of funds for its maintenance has become irrelevant;
- the citizen receiving alimony began to live together with the payer;
- a property has been transferred into the child's ownership for alimony payments;
- challenging the fact of paternity, father's abandonment of his child;
- adoption of a minor by another man.
If one of the grounds exists for canceling alimony, this procedure can be implemented through the court.
Who will consider the case, taking into account all the circumstances and nuances, and make a fair decision.
Challenging paternity
Guided by Article 52 of the RF IC, the father has the right to take the initiative to challenge paternity if he has doubts about this fact.
This happens through the judicial authority by filing claims.
If there is insufficient evidence during the hearing, a genetic test may be ordered at the request of the applicant. Which will show in percentage how likely the blood relationship is between the father and the born baby.
If the citizen who previously established paternity knew that the children were not his blood. And accordingly, he took responsibility for their provision, then when alimony is canceled, the fact of lack of kinship will not be taken into account.
After the verdict is rendered, and the decision indicates that the citizen who applied cannot be considered the father of a minor, since consanguinity has not been proven, the right to receive alimony disappears.
In order to cancel their accrual, it is necessary to contact the service involved in the execution of court decisions with the court decision and provide it to the specialist handling the case.
Termination of spousal support
Article 89 of the RF IC states that a citizen who is legally married has an obligation to his spouse for financial support in the following cases:
- if he is disabled and needs maintenance;
- the spouse is pregnant or a child has been born who has not yet reached the age of 3 years;
- the spouse is caring for a minor who has a first group disability or has been disabled since childhood.
In such circumstances, if they are documented, the spouse who does not live together with the family is obliged to pay alimony not only for the child, but also for the second spouse.
In order to stop this process, evidence is required that the payee has regained his or her ability to work. And he has a stable and constant income, with which he can fully provide for himself.
In the second case, facts are required that the ex-wife, who has a child under three years of age, has remarried.
The procedure for canceling alimony is carried out in court with the provision of supporting data.
If a citizen has become able to work, then responsibility for his own maintenance rests with him. And when a woman who is pregnant or has given birth to a child remarries, these obligations become the prerogative of the legal husband.
Adopting a child
There are cases in life when the father of a minor refuses to raise him and is not against his adoption by another man with the consent of the mother.
During such a family situation, each of its participants understands that a person who is not his own becomes the actual father of the child.
This means that the obligation to pay alimony falls on the new family member. And the ex-husband no longer has anything to do with this process.
This happens by applying to a judicial authority. After establishing the fact of adoption of a child by another citizen.
The applicant is issued a judicial act, on the basis of which the bailiffs terminate the proceedings.
Deprivation of parental rights
This procedure is carried out according to the claims of the legal representative of the minor. In relation to a father or mother who does not fulfill their parental responsibilities fully and properly.
The plaintiff can be the second parent, guardian, trustee, or foster parent. And in the absence of a legal representative, the applicant is the guardianship authority that protects the rights of the child.
Every citizen deprived of parental rights needs to understand. The presence of this fact does not in any way affect the fulfillment of his obligations regarding the payment of alimony to his child.
He pays alimony payments in accordance with the procedure established by law through bailiffs and/or in accordance with a notarial agreement.
In this case, the mother or father is deprived of the opportunity to communicate with the child and raise him, but is not exempt from financial support.
Further actions
After the mother has abandoned the newborn, the guardianship authorities begin the procedure for depriving the refuser of her maternal rights, and this can only be carried out in court. As a rule, a court decision is made immediately after the hearing by representatives of the territorial guardianship authority and prosecutors. The judicial act indicates the decision of the judge, and its consequences may be:
- loss of the mother's right to provide for her children;
- the inability to demand money from an abandoned daughter or son in the future;
- inability to act as heir to children’s property in the event of their death;
- a ban on visits and communication with children left in the maternity hospital.
The court's decision
If citizens are unable to reach an agreement, the child’s parent can go to court. The state body, on the basis of Article 81 of the RF IC, establishes the amount of mandatory monthly payments.
A court decision can be executed voluntarily or compulsorily. But such a legal act is binding on all citizens and organizations. A parent raising a child does not have the right to unilaterally refuse to receive money.
A sample application to bailiffs for revocation of a writ of execution contains:
- the name of the FSSP department involved in the collection of funds, its address;
- information about the applicant: full name, residential address;
- payer details: full name, place of residence;
- information about enforcement proceedings (when and by whom it was initiated), details of the writ of execution;
- a description of the circumstances that serve as a reason for refusing to receive money;
- request to return the writ of execution and terminate the proceedings;
- date, signature, surname and initials.
FSSP employees are obliged to return the document on the basis of Article 46 of Law No. 229-FZ of October 2, 2007. But this circumstance does not invalidate the writ of execution. Therefore, the ex-husband will cease to be considered a debtor only if the previously made decision is canceled in court.
Filing a claim
The plaintiff who can apply to the court for deprivation of parental rights can be one of the parents, a guardianship employee or a prosecutor. The application is submitted in the form of a regular lawsuit. The application must indicate all essential passport data of children and parents.
Important! If we are talking about a voluntary renunciation of the rights of a guardian, then the statement of claim must necessarily indicate that the plaintiff understands all the consequences of his actions. It is impossible to revoke a court decision on the voluntary deprivation of paternal or maternal rights, unless, of course, the decision of the magistrate was initially in favor of the plaintiff.
Another important point is that the application must be certified by a notary before submitting it to court. Otherwise, it will have no legal weight.
Refusal procedure before appointment
Refusal before appointment is considered a simple procedure. Once the marriage is dissolved, the mother or father does not have to file for alimony, and if the marriage is civil, everything is still much simpler. But in this case, it is important to remember the interests of the child himself. If the marriage is official, then the issue of collecting money for raising the child is decided by the court. To refuse, one party must provide facts that the child does not need the help of one of the parents. The refusal is formalized using a voluntary agreement certified by a notary. The lawyer will definitely ask what the grounds for the refusal are, and he can additionally check whether the child’s rights have been violated.
Deadline for paying alimony
A mother may be exempt from the need to pay child support when:
- the child turns 18 years old (except for those cases when, based on the results of a medical examination, he was assigned any of the disability groups);
- the recipient of alimony is undergoing the emancipation procedure (the guardianship authority may recognize a minor as legally competent if he receives the status of an individual entrepreneur or enters into marriage);
- premature death of mother or children;
- adoption or adoption.
In all other situations, providing for children is mandatory. If a citizen who refuses motherhood ignores Russian legislation, she may be subject to administrative or even criminal liability (prison).
Refusal by agreement of the parties
When parents enter into a voluntary application for payment of child support, it can be terminated at any time by agreement of the parties, and an agreement to waive child support can be concluded. When going to a notary for this, you should carefully consider the reason why such an agreement is being concluded, because without compelling reasons the application is unlikely to be accepted. In this case, you can provide a receipt indicating that one of the parents made a one-time large payment, and this amount fully covers the ongoing monthly payments. The refusal by agreement of the parties can be canceled if one party considers that the interests of the child are affected in this case and provides evidence and compelling arguments for this.
Amount of alimony payments
The amount of child support directly depends on the number of children:
- one child – a quarter of the income;
- two children – a third of income;
- three or more recipients of alimony – more than half of the salary.
If the mother has problems with employment, then by court decision you can:
- pay security in a fixed amount (the magistrate sets a certain fixed amount, which does not depend on the level of income);
- achieve a reduction in alimony, based on the average level of wages in Russia.
Procedure for collecting alimony payments
Only the magistrate has the right to deprive a person of parental rights, while a representative of the guardianship authority and the district prosecutor also participate in the trial, since, according to Russian law, they represent the interests of the child. Thus, the first step is to contact the territorial office of the magistrate with a lawsuit. If during the hearing it turns out that the mother abandons the children due to punishable circumstances, then she may be prosecuted.
The court verdict, which is indicated in the writ of execution, acquires legal weight within 3 days from the date of publication of the decision. The final step is submitting the extract to the local registry office.
In addition to depriving the defendant of parental rights, a plan for the further financial support of the children is also determined. When determining the amount of alimony, the mother’s financial situation, as well as her state of health, are taken into account. As mentioned above, in some cases (inability to find a job, presence of a disability group, etc.), the court may accommodate the mother and reduce the amount of alimony.
This is important to know: Until what age can you go on sick leave with a child?
○ How to refuse to pay alimony without the consent of your spouse?
If you want to refuse to pay alimony without the consent of the alimony recipient, you need to contact the district court at the place of residence of the defendant (alimony recipient) with a statement of claim for termination of alimony obligations. For this you will need:
- application and personal documents (passport, child certificate, divorce certificate, etc.);
- performance list;
- evidence confirming the fact that the recipient of alimony no longer needs it (written or witness testimony). For example, if a child moved to live with you, the testimony of witnesses or the child will be sufficient.
- evidence of your inability to pay alimony (illness, difficult financial situation, etc.—Article 114 of the RF IC).
- evidence that the recipient of alimony does not have rights to it (did not actually participate in your upbringing, the parent is deprived of parental rights, the former spouse’s incapacity for work resulted from alcohol abuse, the child moved to another place of residence, etc. - Articles 87, 90, 92 , 96, 97 RF IC).
The most common case is when the mother raising the child does not want to receive alimony from the father. In this case, both parents must come to the notary with passports, the child’s birth certificate and enter into an agreement that the mother refuses to pay alimony, and the father provides in return his consent for the child to travel abroad, either a lump sum, or an apartment or car. The notary will witness this agreement and from that moment it can be used as an official document.
○ VIDEO: A well-known notary tells how to conclude an agreement on the payment of alimony, which is also necessary for refusal.
In the next article we will talk about child support for parents, the amount and conditions of their payments.
Payment of child support upon adoption
A child left by his mother in a maternity hospital can be given to state support on the Internet or adopted. It is possible that a marriage between spouses who decide to adopt a child may also be dissolved, which is why it is worth understanding which of the adoptive parents is responsible for paying alimony.
In this case, many fathers simply try to “get rid” of their adopted children in order to be exempt from paying child support. But, as judicial practice shows, the father’s chances of canceling his adoption in order to evade paying a monthly allowance are negligible.
Until when will the money have to be paid?
In some cases, is a mother who has abandoned her child and is deprived of her rights to him exempted from the need to fulfill a child support obligation?
Here we need to remember the general cases:
- the child reaches the age of majority, if he is not disabled;
- emancipation;
- death of the recipient or payer.
But, as a rule, guardianship is quickly established over a boy or girl. The child is transferred to the care of specialized state or municipal institutions. Children are often adopted.
Upon adoption, the obligation to pay maintenance is removed from the biological parents.
That is, alimony will have to be paid until someone else begins to support the minor.
Is it possible to just forget about your son or daughter and not pay? Will not work. A debt will accrue, which will be collected sooner or later by force. And for evading payment of funds you can also get a prison sentence.
