Application for cancellation of alimony: download the form and sample for 2020

Petition to cancel alimony

As a rule, in Russia the main payers of alimony are men. Very often they do not agree that they must pay money and also with the sanctions that apply to debtors in case of evasion of payments. There is an opinion in society that alimony obligations worsen the birth rate and refusal to pay can improve the relationship between parents and reduce the number of divorces, which is why they want to cancel the obligations.

Therefore, participants in the Men's Movement wrote a Petition to the Government asking for the abolition of alimony in connection with this fact and proposing their own version of the current bill. In April 2020, the collection of signatures for this Petition began to create a bill to abolish alimony.

Important
However, there are many disagreements with this initiative, since the abolition of alimony goes against the child’s rights to receive financial support from his parents and will lead to numerous other negative factors.

Why do they want to cancel alimony in Russia?

Proponents of abolition assume that the bill to abolish alimony will have a positive impact on the well-being of citizens; they use the following arguments:

The practice of alimony has a negative impact on Russian families. The initiators of the petition believe that the prospect of paying financial resources for children after the spouses officially separate leads to misunderstandings, quarrels and even blackmail.
State bodies involved in the forced collection of alimony are unprofitable. The initiators of the petition believe that such methods of influencing debtors do not bring results, and the abolition of the procedure for collecting alimony will save money from the state budget. However, according to statistics for 2018, bailiffs withheld more than 15 billion rubles from alimony workers. And also, compared to last year, the number of open proceedings for non-payment of alimony has decreased. The director of the Federal Bailiff Service (FSSP), Dmitry Aristov, spoke about this.
Activists amending the Family Code believe that it would be more expedient to direct the funds that are currently spent on maintaining the enforcement system to parents to help them provide for their children.
Measures applied to defaulters (deprivation of parental rights, criminal liability for repeated evasion of alimony payments) adversely affect their reputation, fate, and financial condition.
A limited range of valid reasons for which the court will agree to allow non-payment of alimony. This ignores many of the needs of payers and their difficult life situations. The court often does not take the debtor's side, which is why exemption from child support seems reasonable.

Exemption from alimony payments while on maternity leave

Art. 82 of the RF IC indicates that the types of income from which alimony is collected are established by local acts. In the Russian Federation there is a Decree of the Government of the Russian Federation dated July 18, 1996 No. 841, which is updated and improved annually. This act concentrates the list of income from which alimony can be collected. The proposed list does not contain anything about benefits for pregnancy and care for a newborn; this is due to the social significance and importance of payments that should be directed exclusively to the baby.

Attention

We can conclude that a mother on maternity leave is exempt from paying child support, but this is not entirely true. The first offspring should not be left without the help and attention of the parent, and therefore payments from the mother can be deducted from other types of income, if any. In practice, in order to avoid alimony arrears, it is recommended to change the share option for determining the amount to a fixed figure. According to Part 2 of Art. 81 of the RF IC, the court has the right to reduce the amount of payments; you just need to file a corresponding claim.

If there is absolutely no opportunity to provide for the offspring and a child support debt has arisen, in accordance with Part 2 of Art. 114 of the RF IC, the court may fully or partially exempt the payer from repaying the debt if there are good reasons. Pregnancy and child care are one of these.

An approximate example of a claim for writing off alimony debt can be found. In this document, only the reasons for debt relief should be changed.

Is there a procedure

Exemption from paying child support for minor children is extremely rare. There are situations in the law in which alimony can be cancelled. These situations are as follows:

When it turns out that there are no grounds for assigning alimony. For example, when a child has a different adoptive parent or there is information that the child’s father is a different person and for other reasons.
When the payer is released from these obligations. This happens when the child no longer requires financial support. If he has found a job, is able to work, etc.

These two points are implemented in practice only after the corresponding decision on release is made. But there are also cases when parents simply peacefully enter into an agreement among themselves.

For children

Until the child reaches the age of 18, he is supported by his parents, even if they are divorced, so in this case, thinking about how to withdraw alimony is practically useless. Until this age, alimony cannot be cancelled.

This is also important to know:
Child support calculator

But there is an exception to this rule. If it is established that the payer is not the father of the child, he is not obliged to pay alimony.

The law of the Russian Federation provides for the maintenance of children only up to 18 years of age. An application for termination of the obligation to pay alimony does not need to be submitted to any authority. Such an obligation will cease in this case by itself.

You can be exempt from paying child support in connection with living together. This happens when a child changes his place of residence and remains with the child support payer.

The payer can challenge the obligation to pay alimony if he is not the child’s father. All issues related to challenging paternity, adoption or its revocation are procedural and must be resolved in court with the participation of parents, children and judicial representatives. By the way, payment of alimony after adoption is also carried out until the child has another guardian.

For spouse

There are cases provided for by the legislation regulating family relations when a spouse can claim alimony.

These cases are:

When the spouse claiming alimony is disabled and needs financial support;
Until the child or youngest child reaches the age of 3 years or if the spouse is pregnant;
The spouse or former spouse is caring for a disabled child. In this case, she has the right to receive alimony payments until the child reaches 18 years of age.
The spouse takes care of a disabled person of the 1st group if his disability began in childhood. In such a situation, alimony is assigned indefinitely.

What is necessary for the alimony that was assigned under the above circumstances to be cancelled:

If the incapacitated spouse restores his ability to work and starts working;
An ex-spouse caring for a small (less than 3 years old) child or a pregnant woman who has registered a marriage with another citizen who helps her financially;
If the child, who was previously disabled, restores his ability to work, the woman can continue to carry out her work activities and will no longer need financial assistance.

Normative base

Cases related to exemption from child support are quite multifaceted, therefore they are regulated by several regulations at once. Among these are:

International agreements, conventions and covenants relating to the protection of the rights and interests of children. They lay the foundation for legislation and form the general principles that a judge should be guided by.
The Constitution of the Russian Federation is in Art. 38 indicates that childhood is strictly protected by the state and the law, which means that all officials must act in the interests of children when resolving any disputes. The responsibility of parents is to care and participate in the upbringing of their offspring.
The RF IC in several articles regulates the grounds on which the payer can be released from child support. These norms are enshrined in Art. 119, 120, as well as in the norms of Chapter 13.
Resolution of the Plenum of the Supreme Court dated December 26, 2020 No., dedicated to the practice of courts’ application of legislation in matters of consideration of cases related to the collection of alimony. Paragraphs 57-58 of this act affect aspects of exemption from alimony for minor children.
Code of Civil Procedure of the Russian Federation - due to the fact that cases are often resolved at the court level, in most cases this law is relevant and necessary in practice. It is especially important in filing a claim, court hearing, or appealing a decision.
Federal Law “On Enforcement Proceedings” No. 229 regulates the activities of bailiffs who initiate proceedings and forcefully collect alimony. It comes into force in the case when funds are deducted according to the writ of execution.

In practice, it is the laws listed above that are of enormous importance in resolving cases related to exemption from paying child support. When a voluntary agreement on the maintenance of a child is concluded and the document is approved by a notary, the Federal Law “On Notaries” No. 4462-1 comes into force. In case of filing a claim, the articles of the Tax Code of the Russian Federation are used when calculating the amount of the duty.

Where to go to cancel alimony

To cancel alimony, you must write an application and submit it to the court where the hearing on the collection of alimony took place. If the last court hearing in this case ended in favor of the defendant, then at the end of the case the court will issue a writ of execution.

After this, you should go to the FSSP (bailiff service), where they collected alimony amounts based on previous decisions. The resulting conclusion will be the main document for the bailiffs to cancel the enforcement proceedings for the collection of alimony.

The judge can rely on the payer’s arguments and make a decision in his favor, but this is only possible if the child has reached the age of majority. Supporting children, raising them, instilling social values is the responsibility of every parent, at least until the child reaches adulthood.

Everything changes when the child reaches adulthood or it turns out that the payer is not his biological father. This means that the alimony payer can be relieved of these payments only if 2 circumstances arise:

the child is 18 years old;
The payer has been relieved of parental responsibilities. He denied paternity, the child was adopted by another father or family, or there was evidence that the payor could not be the biological parent.

When a child reaches 18 years of age, all payments automatically end. But challenging the facts of paternity requires the initiation of a trial.

Nuances

In practice, the issues of exemption from paying child support in the event that a parent has gone abroad for permanent residence are becoming increasingly relevant. Yes, Art. 118 of the RF IC prescribes in this case to conclude an agreement with the second parent, who is dependent on the minor offspring. The procedure for drawing up a document is the same, as for citizens of the Russian Federation, and is regulated by Art. , 100 and 103 IC of the Russian Federation.

IMPORTANT

When signing a voluntary agreement on exemption from paying child support becomes impossible, the interested person with whom the offspring lives has the right to file a claim in court to determine the amount of payments in a fixed amount. Based on this value, the amount of one-time assistance is calculated, which the payer undertakes to transfer before leaving for a foreign country. Instead of money, it may be proposed to provide property in the name of a minor child as alimony or another method.

Children are a special category of the population, whose interests are strictly protected by the legislation of the Russian Federation. This is especially true during the period of parental divorce and the fulfillment of obligations to provide support in the upbringing and development of the offspring’s personality. The law clearly establishes the grounds for reducing or exempting from paying child support; however, even here the list is not exhaustive, because different situations happen in life.

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Carrying out the procedure through the courts

If the assignment of alimony was established in accordance with a court decision, and the authority indicated a specific period of maintenance, then the payer may stop making payments after the specified period. The basis will be a court decision.

This is also important to know:
A writ of execution for alimony: its receipt and further actions to collect funds

If the court ruling on the assignment of payments did not contain a specific date for release from child support or the reason for the removal of the encumbrance arose before the expiration of the period, then the plaintiff has the right to file a claim with the court. The claim should indicate a request for exemption from financial support for a child who has not reached the age of majority.

In situations where the payment of alimony occurs on the basis of a previously concluded peace agreement between the spouses, the following conditions must be present in order to remove financial obligations from the father or mother:

drawing up a peace agreement and concluding a new treaty;
the plaintiff may apply to the court and demand termination or modification of the existing contract.

In another option, the plaintiff has the right to present an objection and not recognize the legality of the occurrence of these circumstances. Often spouses fail to peacefully agree on all points of the agreement. All agreements must be approved in writing. And write down all the important points in the application.

These could be:

witness statements;
statements on the status of the personal bank account;
medical certificates;
documents on the appointment of a disability group;
as well as other relevant documents.

Documentation

Without supporting documents, a claim is meaningless. Competent collection of evidence ensures that the court makes a decision in favor of the plaintiff. Although preparing the necessary documentation often takes more time than the court hearing itself. You must present to the court:

Calculation of the amount of debt for financial alimony payments. This data is indicated in the certificate issued by the bailiff.
Medical certificates and extracts confirming the presence of illness, as a result of which work is impossible, as well as receiving income from it in order to make payments. This could be: an ITU conclusion on assignment of a disability group, an extract from the medical history, a certificate of stay in hospital treatment and other documents signed by the responsible person, a medical seal. institutions.
Documents about changes in marital status and the appearance of other dependents. You will need to present the children’s birth certificate, a certificate from the child’s place of residence and family composition, documents (court order, court decision, agreement) confirming the emergence of new financial obligations. In judicial practice, such circumstances are rarely considered sufficient to terminate debt obligations, however, they can serve as an additional argument when making a decision in conjunction with other life circumstances.
Documentary evidence of deterioration in financial condition: a certificate from the place of work about wages, a certified photocopy of the work book with a record of transfer to a lower paid position or dismissal, a certificate of registration with the Employment Center.

When individual documents cannot be provided due to their confidentiality, you can apply to the judge to request evidence. It is very good to do this at the preliminary meeting stage. At the request of the government agency, documentary evidence will be obtained and added to the case.

Proof

Evidence includes:

Child's marriage certificate.
Certificate from the child’s place of work.
Medical documents on legal capacity/work ability.
Certificates of adoption.
Death certificate.

Costs and fees

If the payer independently prepares documents and files a statement of claim, then his expenses will include payment of the state fee and, presumably, transportation costs - for trips to the court at the payer’s place of residence - if the participants in the process live in different cities and (or) regions. If the claims are satisfied, then all other costs will have to be paid by the defendant.

The fee must be paid:

In a certain amount of 300 rubles, if the claim is not related to exemption from debt payment;
In an amount proportional to the cost of the claim, if the issue of release not only from the current obligation, but also from the accumulated debt is being resolved.

In addition, you must pay for the services of a notary if a representative of the plaintiff takes part in the trial or if notarization of copies of documents and certificates is required. It is also useful to seek the help of a professional lawyer and pay for his services, the amount of payment of which is negotiated individually. This may be a fixed amount or a fee paid if the court makes a decision in favor of the plaintiff. Usually a lawyer cannot definitely guarantee “victory,” but the promised fee will stimulate his motivation.

Preparing a claim for exemption from alimony payments

In some cases, judges may deny child support. Mostly, the cancellation of alimony payments occurs in court. The interested party writes a statement of claim and submits it to the court in accordance with the rules of jurisdiction.

The Civil Procedure Code stipulates that decisions on issues related to the cancellation of alimony obligations can be made by:

magistrates' courts;
federal court judges.

According to the general rule of jurisdiction, all petitions are submitted to the authority located at the place of residence of the defendant. The court in the region of residence of the payer may consider the claim in the following cases:

if there are young children in care;
the plaintiff's unsatisfactory state of health;
caring for a disabled relative.

This is also important to know:
Child support, how much should you pay?

How to write correctly

The petition must be written accurately, consistently and logically, otherwise the cancellation of alimony in court will be impossible. According to the requirements of Art. 131 of the Code of Civil Procedure of the Russian Federation, the statement of claim must indicate:

name of the court – level of instance and address;
information about the parties: full name plaintiff, defendant – place of their registration or residence, contact details;
information about the plaintiff’s representative (if available);
the cost of the claim, if the claims of the petition are subject to assessment (for example, in a claim for cancellation of debt);
the essence of the violated rights of the plaintiff and the claims against the defendant;
the grounds on which the applicant supports his claims.

You need to describe the current situation in full detail. Separately, it is worth pointing out that the applicant makes demands for the cancellation of monetary payments not due to unwillingness to participate in the maintenance of the child, but as a result of the current difficult situation or due to the lack of legal grounds for assistance (for example, the child’s early legal capacity).

If the application is filed against an adult child, then the reasons why the applicant can stop paying child support should be indicated, for example, if the child used violence against the father, committed theft in the apartment, or committed other illegal actions.

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The petition must specifically indicate the requirements for the defendant, as well as provide calculations that reveal the current debt.

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Sample statement of claim

There is no approved sample application for termination of alimony payments. A qualified lawyer can provide assistance in preparing a claim for exemption from alimony payments, but we will provide one of the simple and understandable sample petitions.

Important
Above is only a sample text, and in practice, each situation requires an individual approach and careful filling. Contact the specialists on our website completely free of charge, and they will help you indicate all the significant circumstances for the case, avoid annoying mistakes and competently draw up a statement of claim.

Settlement agreement

Is it possible to cancel alimony? Yes, if a peace treaty has been concluded. This is another opportunity to come to an amicable agreement. The defendant may propose to resolve the case through a settlement agreement. In this case, the demands of the applicant and the defendant are absolutely opposite. In reality, reaching agreement is only possible on the issue of reducing the amount of cash payments. But the plaintiff can accept such a compromise only of his own free will (especially if he has all the evidence sufficient to cancel the payments entirely).

For example: The applicant submits a petition to the judicial authority with a request to relieve himself of the obligation to make alimony payments on the basis that the child has entered into a marriage and must now support himself independently. The defendant insists on concluding a settlement agreement, in which he proposes to indicate the amount of payments equal to 10% of previous transfers. The basis is the fact that the young family has not yet “got back on its feet” and needs financial assistance of any size. If the applicant agrees to this, the trial is immediately terminated, the parties sign a settlement agreement, and in this case the payer will have to transfer only a small part of the previously established amount of payments.

Necessary documents for exemption from payment of obligations for children

The package of necessary documents to cancel child support for a minor child depends on which path the parents took. If we are talking about a judicial procedure for resolving the issue, then it is necessary to collect the following official papers:

Statement of claim, which will be discussed in more detail below.
Passports of the alimony payer; if there is a document from the recipient, it is advisable to attach that too.
Birth certificate of one or more children, depending on the situation.
Certificate of registration or divorce - if the relationship was formalized.
Evidence confirming one or another basis for exemption from paying child support. This may be witness testimony that the offspring lives with the payer; DNA examination report; certificates and certificates of withdrawal of adoption; statements of the recipient's income; other documents and certificates.
A writ of execution, which served as the basis for the forced collection of money.
A check or receipt confirming payment of the state duty.

IMPORTANT
In practice, going to court occurs if the parties could not peacefully agree on an exemption from paying child support, that is, the initiator is the payer. Not only documents, but also phonograms, video recordings, and witnesses who will confirm the plaintiff’s words can serve as evidence. In addition, you can involve experts, specialists, employees of relevant bodies and departments.

If an administrative procedure is chosen, that is, the parents agreed among themselves to be exempt from paying child support peacefully, and came to the decision to cancel the obligations, then you need to refer to the document drawn up earlier - the agreement. It should have indicated cases of termination of payments, on the basis of which either an additional agreement was drawn up to the official document, or a new one was signed. To do this you should:

Draw up an agreement in accordance with Art. , 100 IC RF.
Passports of each parent.
Evidence documenting the validity of the claims.

Each of these methods for exemption from paying child support will be discussed further in more detail. In the case of an agreement, it should be understood that this option is not regulated by law. As a general rule, the cancellation of payments for a minor child takes place exclusively in court, but in practice, notarial acts are also valid.

Changing the amount of alimony

The decision to cancel the payment of alimony, or to change its amount, is made only in court. According to Article 119 of the Family Code, legitimate reasons for adjusting their amount may be a change in the financial or family situation of the payer, or the occurrence of exceptional circumstances that directly affect the potential fulfillment of obligations for the financial support of children.

Often the court reviews the amount of alimony payments established in a fixed amount. If alimony is collected as a percentage of wages, then when it decreases, they are automatically recalculated.

Other serious grounds for reducing the amount of support for one’s children are: the birth of children by the plaintiff, the presence of other persons as his dependents, or irreversible loss of ability to work. However, there is no established list of cases that allow one to count on a review of the amount of financial alimony payments. Therefore, the judicial authority, when considering the claim, must itself assess the validity of the applicant’s claims.

In a similar way, issues of not only reducing, but also increasing alimony are resolved. For example, if there is a need for additional expenses due to a child’s illness.

The Family Code allows complete exemption from alimony payments if the recipient commits a serious crime against a parent.

Court decision on exemption from payment of obligations for children

In a civil case filed based on a claim to cancel the payment of alimony for a minor child, the judge makes a decision in the name of the Russian Federation. It consists of the following parts:

Introductory - it indicates the case number, the date and city of the hearing, the appointment of the court, the surname and initials of the judge and the secretary of the court session. The parties who took part in the consideration of the case for exemption from payment of child support, the essence of the issue and requirements.
The descriptive part focuses on the details of the claims made by the plaintiff, the arguments and objections of the defendant, explanations, and conclusions of third parties.
Reasoning - the circumstances established by the judge, conclusions on individual issues based on legal norms, arguments and a list of regulations are stated.
Resolution - reflects the specific conclusions of the court, indicating the satisfaction of the requirements or the refusal of the judge. Here the costs are distributed between the participants, the deadlines and the procedure for appealing.

These parts are clearly stated in Art. 198 of the Code of Civil Procedure of the Russian Federation, in connection with this, every decision must comply with it. Otherwise, the act may be declared illegal.

IMPORTANT

Within the meaning of Part 4.1 of Art. 198 of the Code of Civil Procedure of the Russian Federation, if the defendant acknowledges the stated claim for exemption from payment of alimony and the requirements for it, in the reasoning part, a note about this is simply made. Details are not provided because there were no proceedings on the merits.

The procedure for collecting alimony for an adopted child after a divorce

The court, guardianship and trusteeship authorities, when placing children into a family for adoption, first of all give permission to married couples to become adoptive parents.

But when adopting a child, a family is not immune from difficulties and divorce. And in this case, the responsibilities for raising and maintaining the child fall on the shoulders of one of the parents.

When parents who have taken on the responsibilities of adoptive parents divorce, or when one of the legal representatives evades participation in the maintenance of the child, the other parent has the right to demand through the court the payment of alimony on the general principles and norms of the law on alimony relations.

This is also important to know:
Average Russian wages and calculation of alimony: how it affects, features of calculation, examples

Thus, alimony during adoption can be recovered:

as a result of a settlement agreement - by signing an agreement on alimony payments with a notary;
in a judicially compulsory manner - by filing a statement of claim in the magistrate’s court at the place of one’s residence or the place of residence of the defendant (Article 80 of the RF IC).

When changing place of residence, either party will have to notify the relevant authorities. In the process of assigning alimony payments, it is not at all necessary to refer to the fact of adoption if information about the adoptive parents is included in the child’s birth certificate. If there is no entry about the new parents in the child’s birth certificate, the relationship with the child is proven by submitting a court decision on adoption.

You can order alimony payments from the adoptive parent:

as a percentage of his income, if the adoptive parent works or receives another fixed income;
in a fixed amount, if: the parent does not work;
receives income in foreign currency;
the shared method of collection does not meet the needs of the child (i.e., it is low in financial terms);

simultaneously in shares and a fixed amount of money (for example, in shares from salary and in a fixed amount from additional earnings).

If the court's decision is positive, a writ of execution will be issued to collect alimony, which is subsequently transferred to the territorial bailiff service to withhold alimony from the adoptive parent.

State duty

In accordance with Art. 88 of the Code of Civil Procedure of the Russian Federation, the state fee is included in the court costs in the case of exemption from payment of child support; it must be paid before filing a statement of claim. There are several options for paying tax:

Through a Sberbank branch with filling out a receipt.
By conducting a transaction through Sberbank online.
Using terminals.

To transfer money, you must take the court details in order to transfer the funds to the deposit of that judicial authority. This is especially true in a big city, where there are a lot of ships. The amount of the fee depends on the price of the claim for exemption from payment of child support, which is established by Art. 91 Code of Civil Procedure of the Russian Federation. According to the meaning of the article, the cost is determined by the amount of payments remaining to be paid, but not more than for a year, that is, it is necessary to multiply the monthly payment by the number of months in the year. Based on the obtained indicator, the amount of duty is calculated:

If the price is less than 20,000, the duty is 4% of the price, but not less than 400 rubles.
When the cost is more than 20,000, but less than 100,000 - 800 rubles. plus 3% of the amount exceeding 20 thousand.
The cost of a claim up to 200,000 is 3,200 rubles plus 2% of the amount that exceeds 100 thousand.
If the cost is above 200,000, but less than 1 million rubles - 5,200 rubles and 1% of the amount that is more than 200,000 rubles.
When the claim is more than 1 million rubles - 13,200 rubles plus 0.5% of the amount that is above 1 million rubles.

Cancellation of alimony by agreement of the parties

If alimony was assigned not in court, but by agreement of the parties, then the parties have the right to independently terminate this agreement:

By mutual agreement. This is the easiest way to revoke child support. The parties agree that the agreement ceases to be valid and enter into an additional agreement about this. If the recipient of the payments then does not apply to the court with a petition to recover from the potential payer the amounts specified by law to provide for the child, then no one is obliged to pay anything to anyone.
Unilaterally. This option is possible if one of the parties maliciously violates the terms of the agreement. And, more importantly, the other side has evidence of this. The agreement is terminated, but, as a rule, the recipient of alimony immediately goes to court and again demands to collect alimony.

Refund of illegally collected alimony

According to the general rule enshrined in Art. 116 of the RF IC, paid alimony cannot be returned by the recipient. However, there are some exceptions provided for in the same article:

The information provided by the recipient of alimony was unreliable, the submitted documents were found to be false, and therefore the court decision was overturned.
The agreement to collect payments is void because it was concluded under threats, deception and violence on the part of the recipient.
The court's verdict recorded the fact of forgery of a court decision, agreement, writ of execution, which served as the basis for the recovery of funds.

The procedure for returning alimony comes down to:

Writing a statement of claim, which reflects in detail the plaintiff’s demands, records evidence of one’s position and references to the law, including Art. 116 RF IC.
Collect documents and other evidence that will later be read out at the court hearing and attached to the case. Among the evidence, the most often indicated are the results of expert research, witness testimony, phonograms, and video recordings.
Go to court and submit an application with attached documents, disks and other evidence.
At the appointed time and date, arrive at the court hearing and receive the judge’s decision.

In practice, the completeness of the evidence base is important; it is necessary to provide all the arguments confirming the stated requirements.

Cancellation of debt and penalties

In some cases, they do not require the cancellation of alimony entirely, but the cancellation of the debt and penalties that have arisen. This is only possible if the debt arose through no fault of the payer.

Example: The payer was seriously injured and was treated in hospital for a long time. All financial resources were allocated for a speedy recovery. During treatment, alimony arrears arose. If the payer presents certificates from the medical institution as evidence, the court may cancel the debt with a penalty, but the main payments will remain in full.

It is quite difficult to stop, revise or cancel child support payments due to the need to prove the grounds for which this is possible. Qualified and experienced lawyers will help you understand complex problems and emerging issues during a free consultation. They will be able to competently draw up the necessary documents or even represent your interests in court.

Is it possible to reduce the amount of payments for a child if it is impossible to refuse obligations?

Art. 119 of the RF IC regulates not only the grounds for canceling obligations to support those in need, but also the conditions for changing the amount of alimony. In practice, courts quite often do not exempt from paying funds for a child, but reduce the amount. The most common reasons are:

Disability of the payer - in this case, 1 or 2 groups must be recorded. In this situation, the payer himself needs support and assistance, which means he cannot bear the obligations in full.
A citizen who has reached 16 years of age and is a recipient. If you start a business or get a job, you can provide for your own needs. In practice, the court reduces the amount of alimony on this basis in conjunction with the poor financial situation of the payer.
The birth of a second or third child to a parent is a direct basis for reducing the size according to the rules of Art. 81 IC RF.
The payer has a high income, 25% of which is a fairly large amount of money. In this regard, the court may find the money paid too much to support the child.
The payer's income has decreased and his financial situation has deteriorated sharply.
The child for whom payments are assigned is supported by the state, that is, raised in a boarding school or orphanage.

To reduce the amount of alimony payments, you must file a claim with the court. A sample application to change the amount of alimony can be downloaded here.

Refusal of alimony by the recipient

The parent with whom the minor lives can also write an application to waive financial support for minors. Refusal of financial support most often occurs as a result of the following reasons:

the mother entered into a new marriage and her husband assumed obligations to support the minor;
the child moves to live with the parent who pays child support;
reconciliation of the parties.

The mother can refuse to collect alimony both before the court decision and after it. To cancel a lawsuit for the assignment of payments, parents must write an agreement on the abolition of alimony and have it certified by a notary. If at the time of refusal the court has not made a decision on alimony, the applicant may withdraw the claim.

If there is a writ of execution, the child’s mother writes an application to withdraw the claim for monetary support for the minor. She sends the agreement to cancel alimony to the bailiffs. She must justify her actions. Bailiffs suspend the procedure for collecting alimony. The mother has the right to withdraw the writ of execution.

However, the refusal of the parent raising the child to provide alimony is not grounds for a complete cessation of cash payments. Since a minor child cannot go to court on his own, after refusing monetary support, the court’s decision to pay alimony does not lose force. If necessary, you can return the writ of execution to the bailiffs and resume payments.

Exemption from child support obligations for a disabled child

For persons with disabilities, there are two options for canceling child support for a minor child:

If the disabled child is a minor, then according to the rules provided for in Art. 81 of the RF IC, money is collected as for any ordinary child. These may be fractional options for determining the amount, or there may be solid fixed indicators. Exemption from paying child support occurs according to the general rules listed above in the article.
If a disabled person has reached the age of majority, then the parents also have the obligation to support their child, which is dictated by Art. 85 RF IC. At the same time, the amounts are determined only in a fixed amount, which is established by the court based on the financial situation of the payer.

IMPORTANT
Issues of exemption from payment of alimony for a disabled child are regulated by Part 2 of Art. 120 IC RF. If a disabled citizen has regained his ability to work and been rehabilitated, the payer is relieved of the obligation to pay money.