How not to pay child support to parents in 2020 - legally, exempt, for maintenance, pensioners, judicial practice

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The assignment of alimony in most cases implies the obligation of parents to support their children. However, the provisions of family law state that both mother and father can count on financial support from their own child. But respectful, or at least neutral, relations are not always maintained between needy relatives and their daughters and sons who are obliged to support them. Therefore, children’s interest in how not to pay child support to their parents may be quite justified.

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In what cases do children not pay child support to their parents?

A child is released from the obligation to support his father and mother in the following cases (Articles 119, 120 of the RF IC):

parents were previously deprived of rights to their own children, from whom they are demanding alimony;
the court found that mom and dad evaded fulfilling their obligations (Article - RF IC) in relation to their baby;
death of the person receiving or paying alimony;
the parent is recognized as able-bodied or not in need of additional support;
the child finds himself in a difficult financial and family situation;
father/mother refused financial support from their children.

Also, the termination of alimony to parents occurs upon the expiration of the agreement, according to which the child was appointed obligated to support the father and mother.

When are they cancelled?

Everything in our lives ends sooner or later: payments on loans, mortgages and alimony. It is important to know when the need and obligation to pay maintenance for children or other family members ceases.

For disabled children

If a disabled child is supported by former family members, then alimony payments are legally terminated in the following cases:

death;
recovery after reaching 18 years of age ;
presence of an official place of work;
death of the payer;
deprivation of parental rights of the former spouse and determination of the permanent place of residence of a disabled child with the alimony payer.

After 18 years

Once your child reaches the age of 18 , child support payments should automatically stop.

But in practice, the payer must control his payments himself and promptly contact the relevant authorities with an application to cancel the child support obligations.

For example , if deductions are made from your salary by the accounting department of the company where the payer is employed or by bailiffs from a citizen’s bank accounts, then without any special definition they will continue to be written off.

It is also important to remember that if a child becomes legally capable before reaching 18 years of age , that is, he gets an official job and supports himself, then the child support obligations of his father or mother also automatically terminate.

Evasion of payments to support parents

If children do not comply with the obligation to financially provide for their father and mother, which is imposed by the court or as part of a voluntary agreement, then penalties are applied to the violators.

First of all, if children do not pay child support to the parent, the provisions of Art. 115 of the RF IC, which provides for the accrual of penalties on the debt for each day of delay. The amount of the penalty is 0.1% of the amount of unfulfilled obligations.

Next, the negligent child is held accountable under Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation:

fine up to 20 thousand rubles;
compulsory work - the maximum period reaches 150 hours;
arrest - up to 15 days.

If children are recognized as malicious defaulters of alimony to their parents, Art. 157 of the Criminal Code of the Russian Federation, which implies the following punishment instruments:

imprisonment for up to 12 months;
arrest - no more than 90 days;
compulsory or corrective labor - up to 12 months.

Attention
These are not all the penalties that can be used against a child with the status of “willful defaulter”. Additionally, it is necessary to take into account the norms of Federal Law No. 229-FZ of 2007, according to which, as part of enforcement proceedings, a violator may be deprived of the right to travel abroad if the amount of debt for non-payment of alimony to parents exceeds 10 thousand rubles.

Legislation

The main legislative act defining such a legal concept as alimony is the Family Code of the Russian Federation.

This is due to the fact that the person who needs maintenance was or is a family member of a citizen obligated to make monthly payments.

The Family Code of the Russian Federation contains basic information about alimony, claimants and payers:

alimony obligations of parents and children ( IC of the Russian Federation, Chapter 13 );
alimony obligations of spouses and former spouses ( Chapter 14 of the RF IC );
alimony obligations of other family members ( Chapter 15 of the RF IC );
procedure for payment and collection of alimony ( IC of the Russian Federation, Chapter 16 ), etc.

If you are going to apply for alimony or, conversely, do not pay it, then you will need to study the following legislation:

The Civil Procedure Code of the Russian Federation contains the rules and execution of a statement of claim for the recovery of alimony from a co-defendant ( Civil Procedure Code of the Russian Federation, Art. 124 ).
Criminal Code of the Russian Federation - in order for a defaulter to be prosecuted under a criminal article, it is necessary for a long time to evade his duties in relation to a dependent, but if you achieve this, you face correctional labor and imprisonment for up to 1 year ( Criminal Code of the Russian Federation, Art. 157 ).

In what cases can parents file a lawsuit for child support?

The mother and or father have the right to demand funds from the child to meet their needs if three conditions are met (Article 87 of the RF IC):

presence of “disabled” status;
parents are recognized as needing help;
It was not possible to come to an agreement with the children voluntarily.

Also, mom and dad must initially retain the rights to raise, protect and represent the interests of their minor offspring in relation to their baby (Article 63, Article 64, Article 68 of the RF IC) in order to subsequently demand child support.

How to avoid paying child support to parents legally?

To free yourself from the need to support your father and mother, you must either obtain from them a voluntary refusal of assistance, documenting it in the form of an agreement, or when filing an application with the court, use the following grounds for terminating alimony for parents (Article 87, Article 119 , Article 120 of the RF IC):

father and mother are deprived of rights to their own children under Art. 69 RF IC;
Mom and dad receiving payments are recognized as able-bodied and do not need help;
the child found himself in a difficult financial and family situation.

Also, alimony ends if the person receiving or paying the funds dies.

Normative base

To understand the specifics of the process of children paying child support to their parents, you need to take into account the provisions of individual documents:

Section of the RF IC, which defines the procedure for assigning, changing and canceling obligations to support people in need.
Art. 157 of the Criminal Code of the Russian Federation, Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation includes information establishing punishment for defaulters.
Resolution of the Plenum of the Supreme Court of the Russian Federation No. of 2020: clarifies the specifics of the application of legislation by courts in cases of alimony for parents.
Federal Law No. 229-FZ of 2007 approves the procedure for collecting funds for the maintenance of needy family members as part of enforcement proceedings.
Decree of the Government of the Russian Federation No. 841 of 1996 determines the list of types of income from which payments are withheld.

Also, to resolve certain controversial issues, other regulations may be needed.

Other help

How to get rid of alimony in Russia? In real life, coping with this task is problematic. Especially if you don’t know how to act in a particular case.

In order not to allocate funds for the maintenance of minors or close relatives in need, you can offer the court and potential recipients of money all possible assistance.

In fact, payments will be replaced by in-kind “performance”. The alimony recipient can buy medicines and food, clothing and shoes, and pay for services provided to the recipient of the money. In this case, alimony may be cancelled. More precisely, they were replaced by another type of support.

Important: it is better to make such a decision before the court debate. It is confirmed by a peace agreement. In court, it is also recommended to announce your desire to provide assistance in kind.

Necessary documents for canceling obligations voluntarily and through the court

To correctly draw up an agreement to terminate child support, parents need to use the standard sample document on payment of financial assistance given below. To certify the agreement by a notary, you will only need a civil passport from the child and father and mother.

Other information may also be required. As an example: when children change their last name, you must provide a certificate confirming the fact of receiving new personal data.

An approximate example of an agreement on the payment of alimony to parents is available.

When going to court, in order not to pay alimony, parents need a larger list of documents (Article 132 of the Code of Civil Procedure of the Russian Federation) to substantiate the positions specified in the claim:

application demanding termination of alimony to parents, drawn up in accordance with Art. 131 Code of Civil Procedure of the Russian Federation;
a receipt serving as confirmation of payment of the state fee;
child's civil passport;
a court decision by which the mother or father is deprived of parental rights to children;
income certificate - if the claim is based on a significant deterioration in the applicant’s financial situation;
agreement on withholding alimony - if any;
a court verdict recognizing the parents as able-bodied;
conclusion of a medical and social examination if the child has become disabled and therefore cannot continue to support his needy father and mother.

An approximate sample application for termination of alimony to parents is available.

IMPORTANT

The full list of documents for filing a claim in court is determined taking into account the circumstances and the grounds according to which the children want not to pay child support to their parents. For example, if the applicant acts through a representative, you must provide a notarized power of attorney. In a situation where a child applies for recognition of mom and dad as persons who did not fulfill the obligations imposed by law in relation to their children, witness testimony, photos and videos, or audio recordings can help.

Legal ways to evade alimony

By law, fathers must pay child support until they reach adulthood. But if the child is disabled, then payments for his maintenance are paid even after 18 years.

However, not every father is eager to support his children after a divorce from their mother.

As a result, they are looking for ways to avoid payments and how not to pay a penalty at the same time. Avoiding them is quite difficult, but still theoretically possible.

There are only a few ways to legally evade paying alimony:

Instead of alimony, transfer real estate (housing, garage, etc.) in favor of the child - Article 104 of the Family Code of the Russian Federation . But with this option, the consent of the guardianship authorities is required. In addition, such a replacement is made only if there is an alimony agreement, i.e. impossible with alimony ordered by the court. In addition to the agreement on payments, the father will also need a sanction from the guardianship authorities, allowing such performance of the parent’s duties to the child, and a notarized gift agreement.
Adoption of a child by a stepfather . In cases where the ex-wife remarries and the new spouse adopts the child, the biological father may renounce paternity and not pay child support.
The father has to raise the child herself, i.e. take him home . But this method requires the consent of the mother or the presence of serious grounds for transferring the children to him (negative behavior of the mother or poor living conditions). If the child has already reached 10 years of age, then his wishes will be taken into account as to which parent he wants to live with. However, fathers who decide to take their children for themselves only to evade child support should remember that their maintenance may cost them even more.
Refutation of kinship . Many men who find out about their spouse's infidelity ask the question, “How can I avoid paying maintenance if the child is not mine?” To do this, you will need to present to the court irrefutable evidence of the absence of family ties, since, according to the law, the husband is considered the father of all children born during an official marriage, unless otherwise proven.
The child got a job before reaching adulthood , i.e. became able to work.
The period of validity of the alimony agreement has expired.
Death of the payer or child.

It should be remembered that if the court nevertheless established the father’s obligation to pay alimony, but he did not do this, then when the child reaches adulthood or becomes employed, the debt will not go away.

The parent must still pay the debt, otherwise their property and bank accounts will be seized.

Evasion of alimony for ex-wife

The legislation also provides nuances on how to officially not pay alimony to your ex-wife if she is unable to work, is pregnant, or is raising a child under 3 years old.

According to the law, a spouse can avoid alimony for his ex-wife in the following cases:

in case of a short marriage;
in case of unworthy behavior of the spouse during marriage, but the limits of this behavior are accepted by the court;
in cases where the ex-wife's disability is caused by criminal acts, alcohol or drug abuse;
when a marriage is declared invalid.

The procedure for terminating alimony for parents on a voluntary basis

It is not enough to verbally negotiate the cancellation of the children's obligations to their father and mother. You will need to formalize the decision in writing with mandatory notarization. As a rule, the previously concluded agreement defines the procedure for cancellation, so you need to act in accordance with the terms reached. As for the general procedure, its specifics are established by Chapter 16 of the RF IC, which reflects provisions on the voluntary payment of alimony. In accordance with these Code standards, you must act as follows:

The first step is to reach agreement on each point of cancellation. Neither parents nor children should enter into agreements under duress or with claims against each other. If it is later confirmed that threats and attempts at moral pressure were used, the transaction is declared invalid (Article 102 of the RF IC).
The second step is to formalize the conditions for canceling alimony in writing. It is necessary to indicate who is participating in the transaction, when the document comes into force, on what grounds, etc. The law does not provide a specific form for the agreement, so you should use a sample or have a lawyer fill it out.
The third step is contacting a notary to certify the document. You will have to pay for the services of a specialist. It is required to prepare funds to pay the state fee and for the technical actions of the notary.

All that remains is to transfer the agreement to the employer or the responsible officer of the bailiff service, on the basis of which payments for the maintenance of the father and mother are no longer withheld from wages.

General provisions

Today, all issues that in any way affect family relationships are reflected directly in the Family Code of the Russian Federation.
According to this document, all citizens with children are required to provide them with financial support.

Otherwise, if citizens for some reason do not want to carry out such a process on a voluntary basis, alimony is assigned. Their size depends on a number of different factors.

It is important to note that the process of obtaining alimony is associated with many features. It should be taken into account that not only the child and his legal representative can demand payment of alimony. The opposite situation is also possible.

If a certain number of conditions and requirements are met, the parent himself has the right to claim child support from his own child. But this can only happen in some cases.

The process of obtaining alimony can be carried out either voluntarily or compulsorily. But it is important to note a number of rather specific points.

This concerns the need for parents to fulfill their immediate responsibilities.

If this does not happen, then the claim will be indicated as a refusal. It is best to sort out this question first. Just like the algorithm for issuing alimony.

What it is

Alimony itself implies financial support for a relative. Moreover, it can be expressed in monetary terms or in other ways.

There are several separate types of alimony that involve payment to parents.

At the moment, these varieties include the following:

In monetary form.
In kind.

In the first case, the calculation of alimony can be carried out based on the needs of the parent himself, as well as the amount of the official income of the defendant in the claim.

If, in the case of payment of child support, the calculation process may involve a shared calculation mode, then in the case of payment to a parent, everything is somewhat different.

Usually, alimony is calculated in cash, a fixed amount. The calculation is made individually.

Another type of alimony is in the form of in-kind. It is assumed that material assistance is provided in a form other than cash.

For example, this is true in rural areas. When citizens engage in agriculture.

There are simply no other sources of income. In such a situation, the court may order payment of alimony in food products.

In each case, the issue of paying alimony to parents is considered purely individually. This process is associated with many different subtleties and features. You will need to familiarize yourself with all of them in advance.

This will prevent many difficulties and difficult situations. It is also important to note that, if possible, the issue of alimony will need to be resolved peacefully.

Who falls under the category

According to the legislation in force in the Russian Federation, today the following citizens are required to pay alimony for their children:

parents directly;
adoptive parents.

In the first case, both mothers and fathers have child support obligations. The decisive factor here is precisely the question of who exactly the child lives with and on whose financial balance it is located.

Accordingly, the representative of the child’s interests has the right to file for child support on his behalf.

In turn, deprivation of parental rights is not a basis for refusal to pay child support. Cases of double alimony are common.

When a child lives in an orphanage, he is completely on the balance of the state. Separately, it should be noted that this issue is determined in each case strictly individually.

But usually alimony is calculated from both the father and the mother. Also, in terms of their rights and responsibilities, the adoptive parent is equal to the parents.

In accordance with the law, he also has the right to receive alimony.

But it is important to take into account that a parent or adoptive parent has the right to apply for alimony only if a number of conditions are met:

Indicators	Description
There is a need to obtain additional material support	the citizen is retired; assigned a non-working disability group
The child is over 18 years old	carries out labor activities
Citizen applying for alimony	fulfilled his obligations to the child in accordance with the law

Accordingly, there are a fairly large number of factors in the presence of which a refusal of an application for child support from a parent may occur.

For example, deprivation of parental rights, malicious evasion of payment of alimony, refusal of adoption after implementation - all this will become a reason for refusing to assign alimony.

If in the case of a minor it is difficult to refuse payment of alimony, then in the case of a parent’s request for this, it is possible to challenge this without difficulty.

There are often situations when a parent, for a number of reasons, was simply absent from the child’s life and makes himself known only at the end of life, when material support is required. Such cases are not uncommon.

Accordingly, it is worth working out this point in advance. It would be best to understand all the nuances and subtleties first.

If a citizen wishes to challenge child support to a parent, he will need to obtain legal advice from a qualified specialist.

Where to go

Today, child support for a parent can be calculated in different ways.

At the moment, this procedure can be carried out:

Indicators	Description
Voluntarily	by drawing up a special agreement
Forcibly	—

In the first case, it will be enough just to draw up a special agreement. Parent and child reach certain agreements within which work is carried out.

In this case, such agreements will need to be outlined in writing.

The registration process can be carried out in different ways. But the optimal solution is to contact a notary. He will complete the application itself and carry out the certification.

An agreement of this type has the force of a writ of execution. Accordingly, the possibility of challenging it in the absence of valid grounds is problematic.

But there are often cases when children are initially against the calculation of alimony. It is simply impossible to reach certain agreements with them.

Such situations must be dealt with in court. It often happens that the court recognizes the parents’ claims for financial support as fully justified.

But again, it is important to note a number of different subtle points. Judicial practice regarding alimony in favor of parents is extremely ambiguous.

If a citizen believes that the court’s decision is unlawful and the parent has no grounds to demand alimony, then a counterclaim should be filed.

Doing this on your own is often quite problematic. Therefore, again, you need to consult a lawyer for advice.

In addition, you may need to visit a number of different other institutions to collect documents. The list of such will depend directly on the basis on which the child wishes to challenge the court’s decision.

Usually you need to visit:

Civil registration authority.
Employer.
Other institutions.

Everything directly depends on what documents the plaintiff himself will submit to the court. Based on this, a complete list of institutions to which you need to apply is already being formed.

It is worth familiarizing yourself in advance with the circumstances in which children are exempt from paying child support to their parents. There is a legal way to avoid them. Since sometimes content is assigned without reason.

Is it possible to receive alimony from an unemployed person to parents? Find out in the article: alimony from an unemployed son to parents in 2020. If you are interested in the question of when child support is calculated, read here.

The procedure for terminating child support for parents through the court

Despite close family ties, children and mother and father cannot always agree on the abolition of payments. Therefore, interested parties will have to take legal action. In cases where children wish not to pay child support, parents should act based on the following step-by-step instructions:

Collect documents to substantiate the claim (Article 132 of the Code of Civil Procedure of the Russian Federation) and draw up an application taking into account the requirements of Art. 131 Code of Civil Procedure of the Russian Federation.
Submit the papers to the office of the district court at the place of residence of the parents. If there is no information about the defendant's current address, it is permissible to send an application to the local office.
Pay the state fee for filing a claim. Payment details can be obtained from the court office.
Wait for notification of the date and time allocated for the first meeting.
After receiving the message, appear in court on the appointed day and take part in the proceedings to defend your position on termination of alimony to the parents.

If a positive verdict is made, the child can only receive a final decision and be sent to the territorial branch of the bailiff service. In turn, FSSP employees notify the executors (for example, this may be the employer or a representative of the Pension Fund) about the termination of the withholding of child support from parents.

Life with a parent

How to get rid of child support? Next, you will be presented with a method that almost does not work in Russia. We are talking about determining the place of residence of children with the child support provider.

In the Russian Federation, there is a practice of leaving children with their mothers. Fathers must pay child support for minor children. If you can prove that:

the ex-wife cannot cope with her responsibilities as a parent;
dangerous to the life and health of a minor;
does not support a child;
leads an indecent lifestyle;
has dependencies;

a citizen can take the children for himself.

In this case, the mother can either be deprived of parental rights or be awarded child support.

Important: in Russia it is difficult to take children away from a woman. Judges and guardians often give a “second chance” even to mothers with alcohol addiction.

As already mentioned, it is not recommended to rely on this technique. It occurs only in extreme cases, when it is really dangerous for children to be near their mother.

Timing and cost

If parents and children decide to voluntarily refuse child support, then the entire registration process can be completed within 24 hours - it all depends on the preparedness of the parties and knowledge of the specifics of filling out the agreement. However, it is quite possible that it will take several days in the absence of information about the procedure for drawing up the document or in the case of complications, to reach agreement on a number of controversial issues.

As for financial expenses, for certification of an agreement to terminate alimony, parents need to pay 250 rubles - the amount of the state fee is determined in Art. 333.24 Tax Code of the Russian Federation. Additional expenses are associated with the technical services of a notary - the amount depends on the chosen specialist and the region of registration, on average it is 1.5-2 thousand rubles.

When going to court to terminate alimony to parents, the amount of the state duty is established according to the provisions of Art. 333.19 of the Tax Code of the Russian Federation and depends on the cost of claims (amount of payments per year). The amount varies from 400 rubles to 60 thousand rubles.

For your information

After payment of the fee and upon filing of the claim, the first termination proceeding

Child support payments to parents are granted for a month. If one meeting was enough, then we can talk about luck, since often the child is forced to prove the need to cancel payments for several weeks. After the court makes a satisfactory decision, parents are given another month to file a claim to appeal the verdict. And only after 30 days the resolution comes into force.

State duty and deadlines

When filing a claim with the court to reduce or cancel alimony payments, a mandatory condition is the payment of the state fee.

Its size is determined by the current tax legislation (RF Tax Code Art. 333.19) and directly depends on the price of the claim:

up to 20,000 rubles – 4% of the amount (at least 400 rubles );
from 20,000 to 100,000 rubles – 800 rubles +3% of the amount exceeding 20,000 ;
from 100,000 to 200,000 rubles – 3200 + 2% of the amount exceeding 100,000 .

Obviously, in most cases the state duty represents a lot of money. Therefore, before going to court, consult with an experienced lawyer. After all, in case of refusal, the money spent on paying the state duty cannot be returned.

Don’t know what the criminal liability is for refusing to pay child support? See about this in the article: can they be sent to prison for non-payment of alimony. How to reduce child support at the birth of a second child in a second family is written here.

You can read about the average salary in Russia for calculating alimony here.

Should an unemployed person pay child support to his parents?

The lack of a place of employment for a child is not a reason not to pay child support to parents. The amount of payments in this case is determined taking into account the status of the offspring obligated to support his mother and father.

For your information

If a person is officially recognized as unemployed, that is, he applied for registration at the Employment Center, he is entitled to a benefit - from 1,500 to 11,280 rubles (depending on age and salary at his last place of work). Withholding of alimony occurs precisely from these amounts.

If an adult child is not registered with the Central Zonal, he will be required to pay his parents a fixed amount (Article 83 of the RF IC) linked to:

income from the last employer;
average salary in the region;
the living wage, which is established every quarter in the regions of the country.

When calculating the monthly payment, parents' expenses for their own maintenance are also taken into account:

Food;
rent;
medicines;
vouchers for sanatorium-resort treatment;
wardrobe items, etc.

Upon subsequent employment of the child, the amount of financial assistance is reviewed based on the application of the father or mother.

No responsibilities - no obligations

How to get rid of alimony legally? Another way to bring the idea to life (it only works in relation to payments to parents) is to collect evidence that the parents did not fulfill their obligations when living together.

They can be deprived of the right to alimony if it can be proven that the former legal representatives of the child:

did not raise a minor;
did not care for their children;
refused to support their descendants;
deprived of parental rights;
exceeded parental authority;
led a deviant lifestyle.

It's not as difficult to do as it seems. Especially if the parents were limited in their powers, deprived of parental rights, or the family was registered with the guardianship authorities.

Important: deprivation of parental rights does not exempt parents from paying money for the maintenance of minor children.

Does a disabled person need to pay child support obligations to his mom and dad?

The inability to work, the neediness of children or the inability to provide for their own needs with their own means does not provide grounds for not paying child support to parents. It does not matter what disability group the child is assigned to - in any case, he must provide support to his needy father and mother.

However, the payer may apply to the court with a demand to reduce the amount of financial support that is withheld from income for the maintenance of parents. The basis for the claim is Art. 119 of the RF IC, according to which a change in the amount of payments or a complete termination of alimony to parents is allowed in the event of a significant deterioration in the financial or family situation of the children.

As practice shows, payments are terminated if an adult child documents that:

he cannot get a job for good reasons;
he does not have people who support him financially;
The disability benefit is not enough to cover one’s own needs, which increases the risk of life being endangered.

The evidence base can be formed from:

a medical and social examination report that establishes the disability group;
checks, receipts and statements confirming the applicant’s poor financial situation;
medical certificates clarifying the need for expensive medicines and medical services.

IMPORTANT
Each case is considered separately - there are no instructions or list of documents for a guaranteed solution to the problem. But under any circumstances, when going to court, it is important to collect the most complete evidence base.

Alimony is...

Alimony is a regular (usually monthly) payment made by a citizen for the maintenance of a close relative in need. They are appointed if necessary.

In Russia, alimony is most often paid:

husband/wife;
mom/dad;
children.

Alimony obligations are specified in the RF IC. You can apply for them even without divorce. The main thing is to have a reason to go to court.

How to get rid of alimony? There are various ways to avoid relevant obligations. Below we will consider only legal methods for implementing the task.

Is it possible not to pay child support to an alcoholic parent?

The list of grounds on which a child may be released from the obligation to support his own father and mother does not include a situation in which recipients of assistance abuse alcoholic beverages.

If mom and dad are found to be in need of support, the children will have to pay child support even if all the money goes towards alcohol-containing substances. However, the child can appeal to the court with a demand to reconsider the need to support an alcoholic parent in accordance with paragraph 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. of 2020. The basis for termination of alimony for the father and mother is the fact of unworthy behavior, which also includes:

use of narcotic drugs or psychotropic substances;
gambling;
other actions contrary to the interests of the family.

When considering claims in this category, the nature, severity and consequences of unworthy behavior are taken into account, how the alcoholic parent and his children acted in this situation, and other important circumstances.

Refuting parenthood

Wondering how to get rid of alimony in Russia? You can use not the best, but very effective technique. It applies to minor children.

The thing is that child support is assigned after paternity or maternity is established. If this does not happen, it will not be possible to force children to support them.

It follows that a potential child support provider can collect refutations of paternity, conduct a DNA test and apply to the court to declare parentage invalid. If the position can be proven and substantiated, alimony obligations will be lifted.

Important: any outstanding alimony debts will still have to be paid off.

How can a pensioner stop making alimony payments to his parents?

Even after retirement due to age, the child must continue to support his father and mother, if they are recognized as needy, through payments from the Pension Fund (Government Decree No. 841 of 1996). In order not to pay child support to parents, children will have to go to court.

In Russia, pensions are often not enough to satisfy even one’s own needs, not to mention the requests of third parties. Therefore, the claim may contain demands for a reduction in the amount of payments or for a complete termination of alimony to parents on the basis of a significant deterioration in the financial situation of the child.

The chance of getting a positive court decision largely depends on the state of the budget of the parents and children who are entrusted with the obligations.

Calculation of payments

Before going to court, parents must decide on the amount of child support.
You cannot indicate the amount you would like to receive. After all, when considering a case, the court will take into account the financial condition of both the plaintiff and the defendant. If the mother or father requires expensive treatment, this should also be taken into account. The payment may be:

a fixed amount;
percentage of income.

Note: alimony payments always depend on the cost of living in the region. And if the plaintiff’s pension is higher than this level, then you should not count on alimony.

For a court considering such claims, the basis for its filing is very important. Parents must need to pay child support. Therefore, they are required to prove that their income is not enough to cover the following expenses:

payment for treatment and medications;
public utilities;
nutrition.

When the plaintiff has more than one child, not all children pay. The law does not provide for a rule when the amount of alimony must be distributed among all children. The plaintiff may indicate that the payment of funds for his maintenance should be carried out by only one child.

Problems and nuances

Despite the extensive regulatory framework, the process of collecting alimony from children by parents is often complicated by the peculiarities of judicial practice. To avoid complications, you need to take into account a number of significant nuances:

All issues should be resolved voluntarily - in this way, excessive costs and deterioration of relations with relatives can be avoided.
If you do not have time to study the regulations and requirements regarding the procedure for terminating alimony, parents should use the services of a lawyer with experience in this field or get advice on our website. Otherwise, the claim may be rejected or the consideration of the case may be delayed for several months.
Despite the absence of grounds specified in the law for terminating alimony to parents, a child can still declare the need to cancel payments on the basis of disability or retirement age.
Studying the findings of practice will help you understand what the chances are of getting a positive court decision.

IMPORTANT
In many ways, the outcome of the actions of the alimony obligee is determined by his preparedness for this process. If a child wants to seek termination of alimony payments to his parents through the court, he will need to spend a lot of time studying the nuances of regulatory documents and the results of decisions already made in similar cases. The law protects the interests of people in need, so if children want not to pay alimony to their parents, it will be difficult to achieve a satisfactory verdict on the claim without proper preparation.

Comments Showing 1 of 1

Alexey Anapov 23:57 02/18/2020
I spent a lot of time looking for a solution to the problem of paying alimony to my parents. I reviewed many sites, but one article is missing something, another contains outdated information, and a third is simply impossible to read due to banal grammatical errors. And only here I found what I needed: there are links to laws, and current sample documents (which is especially important), and analyzes of the intricacies of legislation in various situations - all the necessary points are provided for resolving the problem of having to pay alimony. This article is the best I've come across in my search. So thank you for your work.
Answer

Legal grounds and reasons for canceling child support

One of the unshakable rules that all parents, without exception, must follow is to take care of their children and support them until they reach adulthood. Therefore, the question of how to get away from child support when your children have not yet reached the age of 18 is not relevant. Things are different when the child turns 18.

How not to pay child support legally:

Wait until the child reaches adulthood.
Achieve revocation of parental rights by challenging paternity or if the child was adopted by another person.

Challenging paternity

Disputing paternity is considered one of the ways to legally avoid paying child support. Thus, a parent who has doubts about the blood relationship with his child has every right to file a claim to challenge his paternity. However, in addition to your own conjectures and doubts, you need to collect a sufficient amount of information that would prove your point of view. The most proven method so far remains genetic testing, which is highly likely to resolve the paternity dispute.

However, there is one peculiarity. In cases where a man was aware that he was not the father, he does not have the right to challenge his paternity, especially if, at the birth of the child, he consented to be recorded as the father of the child. Thus, he officially assumed obligations to the child.

If the court determines that the man really does not have a blood connection with the child and makes an appropriate decision, then this document will be the reason for exemption from paying alimony.

However, you won’t be able to simply stop transferring funds; you must obtain an official document confirming their cancellation. To do this, the person goes to court to appeal the previous decision on alimony.

Abandonment of a child, refusal of paternity

It also happens that there is no doubt that the child is his own, but there is still no desire to support him. Then thoughts arise about how to get rid of alimony. Of course, it’s not possible to simply abandon a child, but it is possible to transfer your status as a father. This can be done through adoption.

Sometimes a mother remarries after a divorce, and her partner wants to adopt a child. Since the child already has a biological father, he is required to write a waiver of paternity, as well as consent to the fact that his descendant will be adopted.

When the mother has such a document in her hands, she has the right to go to court with a claim for deprivation of the father’s parental rights. Along with this, a statement is submitted that her new chosen one wants to become a father to the child.

Such cases are considered with the involvement of employees from the guardianship and trusteeship authorities. If it happens that the court makes a decision in favor of the mother and her new chosen one, the right of paternity passes to another person.

Only with this option does the natural father cease to bear responsibility and obligations for his child. This will also help him avoid spending money on alimony. Such a debt will already fall on the shoulders of the new parent.

Adoption

If a woman gets married again after the dissolution of her marriage, it happens that her chosen one wants to adopt her child. In this option, all responsibilities in relation to a minor child are transferred to the new father, and from the old one, accordingly, are removed. It follows from this that adoption is a basis enshrined at the legislative level for the termination of alimony obligations.

In order to relieve himself of the obligation to make payments, the natural father will need to go to court with a claim to obtain the appropriate court decision.

Cancellation of adoption

If the person who pays child support is also the adoptive parent of the minor, she must ask for the adoption to be cancelled. However, even if the fact of adoption is canceled, this will not always mean the end of payments, since in any case, the judicial authority will always be on the side of the rights and interests of the minor.

Deprivation of parental rights

As we have already found out, one of the reasons for deprivation of parental rights is a person’s refusal of paternity. In addition, there are other reasons for the father to lose his rights regarding the child, in particular if the parent:

maliciously evades alimony obligations;
is cruel to a child;
suffers from alcohol or drug addiction;
leads an inappropriate lifestyle;
committed a criminal act directed against the life and health of a minor child.

Attention! A person who has already lost his rights to a child, in any case, must bear the obligation to pay alimony for the maintenance of a minor.