In the judicial practice there are many differentcases when the mother of the child does not wish for any reasons to accept alimony from the father, and it also happens that the father himself does not want to pay alimony. All these problems can be solved with the help of a court, so we will consider in more detail how and when cancellation of alimony can be made, and what is required from a legal point of view.
Reasons for refusing child support
The reasons why a father can refuse to pay child support, in fact a lot, here are the main ones:
- The child changes his permanent residence and moves to live with his father. Full financial support is transferred to the shoulders of a parent who previously had to pay alimony.
- A parent who previously paid alimony,is deprived for some reason of parental rights, and the child himself is adopted or adopted by another person, for example a new husband of the mother or a new husband of the pope.
- Refusal to pay maintenance is accepted by law ifbetween the child's father and the child itself there are no family ties, and during the examination it was established that the man is not his biological father.
- If a child who was previously recognized incapacitated, reached the age of majority and became able-bodied.
Every refusal to pay alimony, listed above, must be confirmed by the court.
Where should I go if I refuse to pay alimony?
When the documents were already considered by the court,to conclude an agreement, one must resort to the help of a notary. When applying to a lawyer you will need to provide your passport and birth certificate of the child.
Abandonment of child support is valid onlyBy the tribunal's decision. If the alimony is not paid on the basis of the court, then you should apply to the bailiffs with the following package of documents:
- Application for payments that are not made with clarification of the reason.
- Documents indicating the identity of the person submitting the application and the birth certificate of the minor child.
- Execution sheet.
- If the refusal of alimony is done in favor of the child, then a receipt is given that all payments are made.
How to refuse alimony without the consent of one of the parties
Существует вероятность отказа от выплаты alimony without the official consent of one of the parents, it is necessary to apply to the court on the recipient's residence permit with a claim that the payment obligations are terminated. It is necessary to present such documents to the court:
- Application and package of personal documents, which includes a birth certificate and a certificate of divorce.
- Evidence that one parent does not need support.
- Evidence that the defendant can not pay alimony, as he has lost his legal capacity.
- Evidence that the recipient of alimony has lost the right to receive them.
A typical example of non-alimony can beconsider the example of the case when the mother does not want to receive alimony from her father. Then both parents must come to the notary with documents confirming their identity and conclude an agreement on the mutual desire of the parties. At the same time, the father must give permission for the child to leave the country.
What should be done in case of refusal of alimony?
The refusal of alimony is made quite quickly.The main problems will depend on the stage at which this refusal is formalized. To fulfill all obligations, you will need to seek help from a notary or bailiff. Any party can act as the initiator of the refusal.
Failure procedure before appointment
Failure before appointment is considered a simple procedure.As soon as the marriage is dissolved, the mother or father can not file for alimony, and if the marriage is civil, it is still much easier. But it is important in this case to remember the interests of the child. If the marriage is official, then the issue of recovering money for the upbringing of the child is decided by the court. For refusal one party is obliged to provide the facts that a child does not need help from one of the parents. The refusal is made out by means of the voluntary agreement certified by the notary. A lawyer will certainly ask what the refusal is based on, in addition, can check whether the rights of the child are not infringed.
After the decision of the court
Judicial practice shows that refusalAlimony can be accompanied by many reasons, and often they arise after the parents' divorce. Often, a refusal is required when the parents have not been married for a long time, and one side, according to the court decision, has paid alimony for a long time. In this case, a statement is made by one party with a request to stop the production execution. To this application copies of documents are attached: passport, birth certificate of a minor, writ of execution, agreement on the refusal of both parties, notarized by a notary, receipt for a one-time payment, for example one of the parents leaves the apartment or car to the heir. Also in practice, there are cases when the applicant receives a sheet of obligations in his hands in court and leaves him without execution.
Refusal by agreement of the parties
Когда родители заключают добровольное заявление on the payment of alimony, it can at any time be terminated by agreement of the parties, and an agreement on the refusal of alimony may be entered into. Going for this to a notary, you should carefully think over the reason for such an agreement, because without good reason the application is unlikely to be accepted. In this case, you can provide a receipt in which it will be indicated that one of the parents made a one-off large payment, and this amount fully covers the permanent monthly payments. Refusal by agreement of the parties may be canceled if one party finds that the interests of the child are affected in this case and provides evidence and weighty arguments for this.
Refusal of alimony, if one of the parents did not give an agreement
When one parent does not want to refuse to payalimony, this issue is resolved in court, for which a claim is filed. The court will ask the plaintiff to provide strong reasons for such a decision, for example, it must be proved that the child does not require the help of the father or mother, since it completely passes to the care of the second parent. In this case, there should be witnesses willing to give evidence for the trial, or, if the child is already quite adult, he can tell himself which parent he lives with. In addition, a certificate of the composition of the family may be required.
Also, if you refuse to pay alimonypayer, then he must provide a certificate that he really is not able to pay child support, because he lost his solvency. For example, this can happen due to illness or because of a difficult financial situation. There are cases when the mother has no right to receive cash payments for the maintenance of the child, as she is deprived of parental rights, which means that all the duties of upbringing fell on the shoulders of the other person. On the basis of this, alimony will be obtained by a relative or guardian who has assumed all obligations.
Is it possible to resume payment of alimony after refusal
The child should not be infringed in anything, so heis protected by the state and has its own right. Refusal (alimony in court can be stripped and by agreement of the parties) does not mean that payments can not be renewed again. Until the child reaches the age of eighteen, the parent who engages in his upbringing can apply to the court and demand that the payments be renewed. To return payments, it is sufficient to take one of the following methods:
- Conclude an agreement with the second parent, according to which one of the parents again agrees to pay alimony.
- Solve the problem through the court and apply to him for a court order.
- Take the writ of execution.
Basically, all questions about recovery of repeatedmoney for the upbringing of the child will be decided on an individual basis. With the refusal of alimony, absolutely all nuances are taken into account, because in the judicial practice there are atypical cases that are solved privately with both parents.
