How can you avoid paying child support during a divorce?

How can a father avoid paying child support?

During a divorce, men often wonder whether it is possible to avoid paying alimony without breaking the law? There really are such options, and the legislator provides for them. And one of them is the transfer of the child to the father so that they live together.

Accordingly, the obligation to pay alimony will automatically be removed from the man. All issues will need to be resolved through the court, including if the mother wants to challenge such a decision.

Articles on the topic (click to view)

• Assignment of the right to claim under alimony obligations is possible
• Formula for calculating penalties and fines for alimony: sample
• What are the consequences of not paying child support in 2020?
• Criminal liability for non-payment of alimony under Art. 157 of the Criminal Code of the Russian Federation
• Is alimony from financial assistance withheld for vacation?
• Find out the debt by name from the bailiffs for alimony
• Reducing alimony debt over the past period

In addition to the typical situation with a child living with the father, there are several other cases in which a man can free himself from having to pay child support:

• If the obligated person has the opportunity to replace regular cash payments with the provision of real estate to the child, this will cover all future payments in absentia;
• If there is a refutation of the fact of relationship between the father and the child, which is also done exclusively by appealing to the court.

The first basis for terminating an obligation can be applied only if the parents have previously entered into an agreement on the maintenance of joint children. When alimony is ordered by the court, it will be impossible to replace regular payments with a one-time transfer of property. In this case, the court may decide that the obligated person provides assistance to the child in addition to money, that is, provides some food or even things.

Another legal basis for terminating alimony obligations is the adoption of a child by another person, since all rights and responsibilities for upbringing and maintenance are transferred to him, and the former parent is, accordingly, released from them. In this case, each reason must be documented. Baseless arguments will not carry weight in court.

Ways to pay child support in a reduced amount

• How to reduce the amount of child support at the birth of a second child

Since it is impossible to avoid alimony if there is no doubt about the relationship and there is an entry in the column about the father in the birth certificate, in case of excessive payments that are not comparable with the real capabilities of the person, they proceed from those circumstances that the court considers compelling for changing the amount of payments.

Common cases of payment reduction taken into account by the court include:

• reduction of wages for reasons beyond the man’s control;
• loss of health and assignment to a non-working disability group; doctors’ conclusions about the need for expensive treatment and large expenses for the father;
• the birth of new children (including out of wedlock) recognized as relatives;
• the emergence of new expenses for other dependents whom the man is forced to support;
• refusal of the parent to allow meetings with the minor;
• transfer of the baby to state support (if the mother loses the right to raise the child or her death);
• the total amount of money spent on the child is less than what was sent to the mother (unless part of the money was transferred to a separate account of the ward).

Any word in support of one’s position must have documentary support, otherwise it will not be accepted by the court as evidence.

How to avoid paying alimony under the law?

The procedure for refusing to pay alimony in favor of a child is possible, but only in those cases and in the ways provided by the legislator. Unauthorized termination of fulfillment of an obligation will entail prosecution, including criminal liability.

So, you can cancel your alimony obligation as follows:

• If the spouses have entered into an agreement with each other. Such an agreement may contain a condition that the parent with whom the child lives, that is, the recipient, refuses alimony, but the payer must take the child abroad, on vacation, transfer real estate to him or fulfill another condition. This option is possible only when the alimony obligation itself was established by agreement, and not by a court decision;
• If there was a reversal of a previously made court decision that obligated the person to pay alimony. To do this, it is necessary to have one of the grounds proposed by law on which it is possible to both cancel the obligation and reduce the amount of alimony payments.

Other options for refusing to pay alimony are not provided and will be considered a violation of the law.

Speaking about the possibility of going to court, it is important to determine the grounds on which such a claim is possible:

• If there was a refutation of the fact of relationship between father and child;
• If the payer decides to take the child for himself and transfer him to his full support;
• If the obligated person has been deprived of parental rights through the court;
• If the recipient, that is, the parent living with the child, has improved his financial situation;
• If the child was adopted by another person and all parental rights were transferred to him.

In this case, any of the proposed grounds must be confirmed by documents or testimony of witnesses.

If the proposed cases occur, it is only possible to go to court; otherwise it will not be possible to terminate the obligation to pay alimony. In addition, you only need to contact the authority at the applicant’s place of residence. The claim must contain information about each party to the dispute, demands and their justification. It is also important to include the necessary documentation.

Read how to reduce the amount of alimony here.

There is also a chance, if you do not terminate your alimony obligations, to significantly reduce the amount of payments.

This is permitted in the following situations:

• If the payer has other children;
• If the financial situation of the obligated person has worsened;
• If the payer has received serious illnesses that require long-term and costly treatment;
• If the recipient of the funds has committed any intentional crime against the payer.

When these events occur, it is also necessary to file a lawsuit in court, attaching confirmation of each stated claim and proposed fact.

Grounds for terminating alimony payments to parents

If, for example, a son pays alimony to his parents, these cash receipts can be stopped or their amount reduced:

1. Voluntarily without trial. Previously, a settlement agreement on the payment of alimony amounts was drawn up, and its validity period expired, and with it the obligation for alimony.
2. Through legal process:
   the recipient independently declares that there is no need for its content;
3. the payer files a claim and attaches a number of evidence to it that the recipient is sufficiently provided for, or that the payer’s income has decreased significantly and he can no longer provide maintenance.

The following documents can serve as evidence:

• on termination of disability;
• about the appearance of another dependent in the payer’s family, for example, a child was born;
• about increasing the recipient's income;
• about a decrease in the payer’s income;
• about increasing the payer's expenses, and so on.

If a child does not want to help his parent solely because of hostility towards him, then the court will take this fact into account as evidence and will not and will not allow the parent to stop or reduce the amount of payments.

Important! If, after a voluntary refusal of payments or after the expiration of the alimony agreement, the recipient again decides to resume receiving additional income from his child, this will be impossible. In other words, the process of refusing alimony is irreversible.

How to avoid paying child support to parents?

A person can be required to pay child support to their parents, but only if their incapacity has been proven.

This is important to know: Alimony for remarriage after abandonment

This can be done in the following situations:

• If the parents have a disability, which is confirmed by medical documentation;
• If the parents have reached old age, namely fifty-five years for women and sixty years for men.

However, in order to assign alimony to these persons, the proposed grounds are not sufficient. It is also necessary to prove that the financial situation of the parents also does not allow them to support themselves.

This fact can be proven by the following:

• Parents do not have their own home;
• The parents do not have a source of funds, or if they have one, this source is not enough for independent financial support.

If the proposed circumstances are not presented and proven, then no one can oblige an adult child to pay alimony for the maintenance of parents.

The law also provides for the possibility of avoiding such an obligation, even if the fact of incapacity and poor financial situation of the parents is proven.

This is permitted in the following situations:

• Parents who were entitled to child support were deprived of their rights;
• Parents at one time did not properly fulfill their responsibilities towards the child and this fact has been proven.

It is also possible to cancel the obligation to pay alimony only by contacting a judicial authority, filing a claim and the necessary documents.

Mother's refusal to pay child support

The parent of the child with whom he lives (in most cases this is the mother) cannot refuse child support, since this is contrary to the child’s interests.

Even if the mother writes a receipt that she refuses these payments, such an agreement from a legal point of view has no force.

But still, there are two ways to legally not pay alimony at the request of the recipient:

1. Apply to the court for a reduction in the amount of alimony or a complete waiver of it if the financial situation of the recipient significantly improves.
2. Submit to the bailiffs an application recording the revocation of the writ of execution, as well as the termination of alimony payments.

How to avoid paying child support?

In cases where alimony is paid for children, the law also offers the payer the opportunity to avoid fulfilling this obligation. This is allowed in several ways. And the first of them is the replacement of payments with a one-time transfer of real estate in favor of the child.

For this you need to obtain the consent of the guardianship and trusteeship authorities, as well as the presence of a previously signed agreement between the parents. If alimony was ordered by the court, then this method is not relevant.

The second method is to change the child’s place of residence, that is, he begins to live together with the payer, and the alimony obligation automatically terminates. However, achieving cohabitation is not easy; for this you need to go to court. Moreover, without substantiating the requirement to transfer the child to the payer, the court will take the mother’s side.

The third way is the fact of adoption. According to the law, if a person adopts a child, then all parental rights are transferred to him; accordingly, the previous parent, who was previously obliged to pay child support, is deprived of them and his obligation for material support also ceases to exist.

And the last fourth method is to refute the relationship by going to court. For this, it is also important to submit documents that would confirm this fact.

Circumstances conducive to termination of payment

If the obligation to pay alimony is established by agreement, then, in accordance with Article 120 of the RF IC, they will be terminated under the following circumstances:

• death of one of the parties;
• termination of such agreement;
• restoration of the recipient's ability to work;
• significant improvement in the financial condition of the recipient;
• in accordance with other grounds set out in the agreement.

If the collections were made on the basis of a court decision, then the grounds for termination of alimony payments may be different conditions and reasons:

The decision to cancel the payment of alimony is made by the magistrate court

• if the child has reached the age of majority, as well as full legal capacity before reaching adulthood. The declaration of full legal capacity of such a child can be established legally by decision of the relevant guardianship and trusteeship authorities with the consent of the parents;
• Child support stops being paid if the child has been adopted;
• when the recipient enters into a new legal marriage, the right to receive alimony is lost;
• alimony stops being paid due to the death of the recipient or the person who paid it;
• if the recipient has regained his ability to work, and this is confirmed in court, then the payment of alimony in this case is terminated. This must be confirmed by a re-examination of the medical examination. Such issues are resolved in court on a case-by-case basis;
• if the parent who paid child support took the child into his care.

A claim requesting cancellation of alimony payment is filed in the magistrate’s court by the interested party who pays alimony at the recipient’s place of residence.

How to avoid paying alimony to support your wife for up to 3 years?

The law provides for the husband's obligation to support his wife by paying alimony. At the same time, it is important to understand that even if a woman is disabled, this does not mean that she needs financial support, that is, disability as such is not enough for there to be grounds for assigning alimony in her favor. In this case, the husband must prove the fact that the woman does not need help, but she, on the contrary, must prove the fact that she is in need.

At the same time, it is important to prove that the man, in principle, has the opportunity to pay alimony. If his financial situation does not allow him to fulfill this obligation, then the court will most likely rule in his favor. Of course, each argument must be supported by documents. There are also cases when a woman enters into a new relationship and registers a marriage, which frees her husband from his financial responsibilities.

Most often, alimony is awarded to a wife when she is pregnant and needs financial assistance. In such a situation, the man has a specifically established period of time during which he is obliged to assist in the maintenance of both the woman and the newborn child. In this case, the baby must be together. The obligation will exist until the child reaches three years of age.

Adoption

How to avoid paying child support? Another technique is giving consent to the adoption of a child.

Let's assume that the couple divorced, after which the children remained to live with the spouse. The woman entered into a new marriage. Her current husband wants to adopt minors from his wife's previous marriage.

In this case, the consent of the biological father is required. After the procedure for adopting a child, child support obligations from the natural parent will be removed. The burden of maintaining minors will fall on the shoulders of the stepmother or stepfather.

Important: adoption does not eliminate child support debts. They will still have to be repaid.

How to get away from alimony legally in 2018

The law obliges a parent who does not live with his or her offspring to pay maintenance. If the payer does not do this voluntarily, the court will oblige him. Quite often, parents are interested in how to avoid paying child support. Children are an unprotected category. Therefore, in Russia the state protects their rights. It is possible to reduce the amount of maintenance or not pay it at all, but there must be good reasons for this.

Registration of emancipation

How can you avoid paying child support? Everything is not as simple as it seems. Especially if minor children are involved in the case.

In Russia there is a concept of emancipation. This is becoming legally capable ahead of schedule - from the age of 16. It usually requires legal grounds. They can serve as:

• complete autonomy of the child from the parents (the minor is able to provide for himself);
• conducting business activities by minors;
• marriage.

In these cases, the child actually becomes an adult and has full legal capacity ahead of schedule. Alimony provided by parents for the maintenance of a minor is terminated by law.

Important: an adult child will have to be supported if he entered a university on a “budget” basis. In this case, alimony is paid even after reaching adulthood.

Legal ways not to pay child support

There are several options on how to avoid alimony in a legal way:

• the son is eighteen years old and is not studying;
• one of the parties has passed away;
• the results of a genetic examination showed no relationship with the child;
• the child became legally capable: he got married and got a job.

According to Art. 80 of the Civil Code, each parent is obliged to support their offspring until they acquire legal capacity. Therefore, upon turning eighteen years of age, payments stop automatically.

If a child enters full-time education, he must take the appropriate certificate from the place of study. It gives the right to further maintenance up to 24 years. You just have to confirm this right every year until graduation.

Upon the death of the payer, the deductions also cease automatically; the state will begin to pay a survivor's pension for the maintenance of the child. In other cases, if the question arises of how to get away from alimony, you need to file a claim in court. It will have to be accompanied by documentary reasons for termination of payments.

There are two more options not to pay alimony:

1. Transfer valuable property to a child. For example, a car or an apartment. To do this, an agreement is drawn up, which stipulates the fact of transfer of property for maintenance.
2. Pick up the child. When a child lives with one of the parents, the other is obliged to pay maintenance to the child. This fact can be proven by taking a certificate of family composition.

Sometimes the payer understands that the funds he pays do not go to support the child. Then he needs to write a statement to the guardianship and trusteeship authorities, demanding to check the expenditure of funds. The parent has the right to demand that half of the money paid goes to the child’s personal account. Only reasons are needed for this. If the payer is right, all his claims are satisfied.

This is important to know: Judicial practice of the RF Armed Forces in cases of collection of alimony in a fixed amount of money

Transfer of property

How can you avoid alimony? There are not so few legal methods, but they are problematic to use.

The next step is to change the form of alimony. Under such circumstances, payments are replaced by expensive property, transferred to the potential recipient of the money.

Usually a donation of an apartment or house is carried out. Upon delivery of the relevant property, the income received will be considered alimony. Often this amount exceeds the payments ordered by the court.

Important: this technique is relevant in the event of signing a peace agreement on alimony without the participation of the judiciary.

Grounds for reducing the amount of alimony

In addition to the topic of how to get rid of alimony, people are interested in reducing the established amount of maintenance. Through the court, you can achieve a reduction in the amount of maintenance. For this, one of the reasons must be present:

• Significant reduction in wages.
• The onset of disability or deterioration in health, which requires additional funds for treatment.
• The appearance of new dependents on the payer.
• Unofficial employment.
• Banning the wife from seeing the child.
• When providing the offspring with the state.
• If funds are spent on the offspring in less quantity than are paid.

If a parent sues for child support and the judge orders it to be paid, it is not possible not to pay it. To reduce the amount or avoid paying alimony legally, you need to file a claim with the court. Only the reasons must be compelling and documented.

Change in maintenance amount

The procedure for calculating alimony is established by law. Retention of money can occur in a fixed amount of money or as a percentage of earnings.

In order to protect the interests of all participants in legal relations, grounds for changing the amounts and methods of alimony payments are provided, which are reflected in Article 119 of the RF IC.

The reasons for reducing payments will be the following:

• the payer has lost his legal capacity completely or partially, which is accompanied by the assignment of a disability group;
• the presence of other relatives in the maintenance of the parent obligated for alimony;
• the need to pay child support for other children;
• high income of the parent, when the share of alimony (for example, 25% in favor of one child) is several times higher than the needs of the children.

The reduction of alimony payments occurs in court on the basis of a statement of claim by the interested party.

Procedure

Let’s assume that the parent has already applied to the court and a decision has been made to pay maintenance. How to get rid of alimony or reduce its amount, consider the procedure:

• First, you need to determine the basis that will give you the right to cancel or reduce the amount of maintenance.
• If there are compelling reasons, you need to collect a package of documents:

1. write a statement of claim;
2. identification;
3. offspring's birth certificate;
4. Marriage certificate;
5. certificate from place of work;
6. documentary reasons for canceling or reducing the amount of payments.

• The papers are submitted to the court that initially made the decision to collect child support. It is necessary to act based on Art. No. 394 of the Civil Code, about newly discovered circumstances.
• At the trial you will have to defend your position and seek a review of the case. Usually, judges side with the children. Therefore, it will be quite difficult to achieve a reduction, and even more so, the abolition of alimony. You cannot do this without the help of a lawyer.

If the basis for canceling the penalty is the lack of relationship with the child, you will have to additionally undergo an examination to establish paternity. You just need to understand that the mother must give consent to it. Only the result of the examination will serve as a basis for canceling the obligation.

If you can convince the judge of the legality of the actions, he will decide to revoke the alimony.

Important! You can file a claim to revoke alimony due to newly discovered circumstances only within three years after they change. Otherwise, the application will not have legal force.

It is worth highlighting separately the cases of alimony collection by court order. This act is issued in a simplified form. There will not be a full hearing when a decision is made. The defendant is given ten days to object to the order. If they do, a full hearing on the case is scheduled. Both sides should already be present here. You cannot simply tell the judge about your disagreement; you will have to provide compelling reasons and reasons. Serious grounds for canceling a court order are:

• low income;
• there is no own housing, so monthly money is spent on rent;
• large monthly expenses on loans and loans, which does not allow paying alimony in the required amount;
• loss of ability to work;
• there are existing obligations.

If the grounds are found to be significant, the court order will be canceled. This will not prevent you from filing a claim for alimony, but additional time will be gained.

The time to appeal the court order is ten days. If it is missed, the appeal is reinstated, but for a valid reason. Eg:

• being on a business trip;
• late receipt of a document due to poor postal service;
• treatment in hospital.

It is necessary to understand that the cancellation of a court order does not mean the absence of obligations. If the parent is the child’s own, he will have to pay him maintenance.

Legal grounds for exemption from alimony payments

To begin with, let us remind you that alimony money can be withheld in favor of the following categories of citizens:

1. Children. We are talking not only about minor children, but also about a child over 18 years of age who has lost his legal capacity (which is documented). Biological and adopted children can apply for financial support from a parent, regardless of whether they were born within or outside of marriage.
2. Official and former spouses. Pregnant wives, as well as women who are on maternity leave, will receive additional assistance (alimony is paid for up to 3 years or until entering a permanent place of work, which indicates the possibility of full independent financial support). If the ex-husband/wife is raising a common child with a disability or has lost his/her legal capacity, then he/she can claim support from the former partner (the rule applies only to official spouses).
3. Disabled parents.

According to Article 120 of the RF IC, termination of child support obligations is possible for the following reasons:

• reaching adulthood;
• emancipation (registration of individual entrepreneurs, full-time employment, marriage);
• death.

There are no other legal grounds for canceling alimony payments. Even if there is mutual consent of the participants to suspend the payment of child support, the child must receive support from the parent living separately. Moreover, the court recognizes such an agreement as illegal, since the mother and father violate the constitutional rights of the child.

The ex-spouse will not be able to receive financial assistance under the following circumstances:

Parental support is awarded in court at the request of a mother or father in need of financial assistance. The law provides for the grounds for canceling alimony obligations for biological parents and adoptive parents. These include:

• failure to fulfill parental responsibilities towards a child;
• deprivation of parental rights that were not subsequently restored;
• reversal of the court decision on adoption.

Punishments

By law, both parents have obligations to their offspring, even in the event of a divorce. Each of them must support their child and have the right to participate in his upbringing.



Malicious evasion of obligations may lead to liability under Art. No. 157 of the Criminal Code. You can leave her only by paying the alimony debt. Malicious evasion of child support payments includes:

• lack of payment for 4 – 6 months;
• open reluctance to pay child support;
• the payer has hidden income;
• in order to avoid payment, the payer constantly changes his place of work;
• The parent is not looking for work in an attempt to avoid paying child support.

When there are several signs of malicious evasion from paying alimony, liability under Art. 157 cannot be bypassed. In this case, the court must have documentary evidence of the grounds. Persons who maliciously evade paying child support should understand what awaits them:

• correctional labor for up to one year;
• arrest for three months;
• imprisonment up to one year.

After being brought to criminal liability, the payer will not be able to hold leadership or elected positions. Therefore, before evading payment of alimony, it is recommended to think about the consequences.

A less severe measure of liability for non-payment of alimony is:

• deprivation of driver's license;
• ban on traveling abroad;
• seizure of property;
• collection of a penalty in the amount of 0.5% for each day of delay.

Also, a child support defaulter must understand that in old age he is unlikely to be able to count on the help of his child.

Before thinking about how to evade alimony, it is recommended to study the penalties for such actions. The law provides for a sufficient number of ways to influence alimony defaulter. You can avoid obligations, but only for good reasons.

Responsibility for evasion of obligations

The procedure for bringing to justice citizens who evade their alimony obligations occurs on the basis of the following legal acts:

• Methodological recommendations of the FSSP dated June 19, 2012 No. 01-16;
• RF IC;
• Civil Procedure Code;
• Code of Administrative Offences;
• Criminal Code of the Russian Federation.

general information

It is generally accepted that child support is paid exclusively by parents to their children. But, according to the law, children in some cases are also required to support their mother or father. If we talk about legislative norms more specifically, they can be found in Art. 87 of the Family Code of the Russian Federation.

This is important to know: Is it possible to apply for spousal support during pregnancy?

In other words, child support payments are the responsibility of the children. If the family has normal relations, then the question of financial assistance does not arise. But situations are different, so often an elderly mother or father has to force their children to pay.

There are a number of nuances that you should be aware of. Firstly, parents can only demand payment of maintenance from adult and able-bodied children. This is natural, because a teenager without work is unlikely to be able to pay child support. Secondly, not all mothers or fathers can receive money from their children. Only those who:

• has officially reached retirement age;
• cannot find a job due to health reasons;
• has a disability;
• has not previously been deprived of parental rights.

Children can support their parents on a voluntary basis, but pensioners also have the right to claim alimony in court. Therefore, it is better for a son or daughter to know how to avoid paying alimony if for some reason they cannot do so.

Is it possible not to pay child support to a mother for an illegitimate child?

Based on current legislation, the birth certificate must include the mother and father. But sometimes there is a dash in the paternity column.

Today, the rights of illegitimate children are protected by the following provisions of the RF IC:

• Art. 48 about the origin of the baby;
• Art. 49—on the possibility of establishing paternity through the courts;
• Art. 51 about the process of registering the father in the baby’s identity card;
• Art. 52 about the peculiarities of challenging one’s parental rights;
• Art. 53 establishes the rights and responsibilities of parents in relation to illegitimate children.

People who live in a civil marriage can easily separate. There is no need to go to court to obtain a divorce. From the point of view of the law, they are cohabitants. Therefore, if they had a child, and then the couple broke up, the mother has no right to receive child support. This is due to the fact that, in fact, being out of wedlock, she is a single mother.

But there are several nuances that you need to know about. They will allow you to receive money to support your child legally. The father can pay voluntarily or through the court. The basis for filing an application for child support is the termination of the father's participation in the child's life.

Collection through court

Everything is clear with the voluntary payment of alimony. But judicial practice is full of cases when parents file a claim. The application is very simple:

1. First, the “header” of the document is written, which indicates the name of the court, information about the parties to the proceedings, etc.
2. Next, you must indicate the requirements, the amount of the claim (amount of recovery).
3. The plaintiff should write on what basis he is going to demand funds for maintenance.
4. At the end of the claim there is a list of attached documents.
5. Date and signature.

The following must be attached to the claim:

• passport;
• birth certificate of the child who is the defendant;
• pensioner's ID;
• work book;
• a certificate of income (in this case, a pension);
• calculation of alimony.

Naturally, you do not need to submit original documents; copies are sufficient.

Does not need

How to avoid alimony during a divorce? Almost all of the previously listed scenarios apply to divorce in the presence of minor children. What to do if we are talking about alimony for parents or other needy relatives?

As we have already said, alimony is allocated for the maintenance of a truly needy loved one. To free yourself from the burden of financial support, you will need to collect evidence of the solvency of the potential recipient of funds and file a claim with a judicial authority.

To meet the requirements you may need:

1. Witness's testimonies. They will not be superfluous. It is advisable that disinterested persons appear in the case.
2. Documents on ownership of property in the name of alimony recipients. It is possible that real estate can be sold, receiving income from it for a normal life.
3. Photos, videos and correspondence. These materials often help to refute the real need. For example, when parents pretend to be poor in court, but in real life they often go to resorts or on vacation in expensive hotels/tours/cruises.
4. Other materials that can refute the need of the recipient of the money.

Often it is this technique that saves children from being supported by their parents. Most often, it is enough to take a certificate of the pension received by citizens. If it is not below the subsistence level, most likely the court will side with the potential alimony provider.

Deadlines and refusal

After the father or mother files a claim in court, it is considered no more than 5 days. At the end of this period, a decision is made to consider the case or to refuse. The claim may not be accepted for the following reasons:

1. It was completed with errors.
2. There is no required signature (or the signature of a representative if the plaintiff is incapacitated).
3. The documents were submitted to the wrong court.
4. The parents' demands are not justified.

Depending on the reason for the refusal, the plaintiff may file a new application or abandon his claims.

Official refusal

How to avoid paying child support or other needy relative? This chance can be given by the official refusal of the recipient of financial support. This decision must be voluntary.

Refusals are issued by a notary. If the parties met in court, the potential recipient of the money can communicate his decision on the spot. After this, the refusal is issued in an official form.

Important: as a rule, this situation occurs in relation to the distribution of alimony to parents. A needy ancestor refuses to receive money from one or another of his children. In this case, alimony is not subject to recalculation. The amount assigned for payment to a particular child is simply taken away from them.

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.

• 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.

Place of residence of the child

How to avoid child support? For example, when filing a divorce?

The last legal remedy is to determine the place of residence of minors after the dissolution of a marriage with a potential alimony provider. The parent with whom the children do not live is required to provide child support.

Unfortunately, in Russia, judges most often leave minors with their mothers. It is almost impossible to “take away” a child from an adequate woman without addictions. Therefore, you shouldn’t count on such a solution.

We found out how to avoid paying alimony. Some people prefer not to work officially to complete the task at hand. This is not a completely fair and legal practice. It leads to the accumulation of alimony arrears. And this fact will have to be taken into account.

How to pay child support and not to your ex-wife?

Many fathers consider their children's mothers, who are their ex-wives, to be too spendthrift, forcing them to come up with ways to pay child support directly.

The legislator obliges to carry out such actions in accordance with mutual agreements.

So the parent has the right:

• re-register owned real estate in the name of the child;
• pay child support to a child’s account opened at a banking institution or to a card;
• reimburse the costs of the child’s education, his additional education and incur other types of expenses.

The main legislative requirement is that these actions be carried out on the basis of a parental agreement that has been notarized.

Is it possible to reduce the amount of payments?

The amount of alimony obligations can be changed downward in the same manner as when established. Thus, if there is a voluntary agreement, the reduction in the amount of payments should be reflected in the new agreement document. The presence of a court decision to determine the amount of payments is the reason for initiating a new judicial procedure.

The party demanding a reduction in payments must prove the existence of circumstances that are the reason for such a procedural action.

Among them:

• a significant change (deterioration) in the second parent’s own financial situation and capabilities;
• change in marital status;
• the appearance of a new person as a dependent;
• other circumstances related to the personality of the alimony payer.