Abandonment of a child: alimony, sample application, in favor of another person

Source: https://101jurist.com/semejnyj-kodeks/razvod/alimenty/obrazets-zayavleniya-na-otkaz-poluchatelem.html

Waiver of child support

Child support provision is enshrined in the legislation of the Russian Federation. It is mandatory, but if a number of conditions are met, a refusal can be made, which will mean termination of the security.

This rule applies only under special circumstances and has many nuances.

You will also need to take into account that voluntary refusal without established grounds is a violation that leads to various forms of liability.

Is it possible to refuse child support?

There is no direct termination, therefore, mainly those persons who do not need security from another person do not apply for it. The format of the refusal will depend on the reasons, in the form of legal grounds. These grounds must fully comply with legal requirements.

Read also: Which international passport is best for a child to get in 2020-2021

In case of an agreement, it can be replaced with a new one, but in case of a court decision, you will need to write a special statement. It is important to consider here that any violations of children’s rights are unacceptable.

Grounds for refusal of alimony

1. Change of parentage or adoption. If there is a non-biological father on the children’s birth certificate, the alimony payer, if desired, undergoes a testing procedure to establish the fact of lack of relationship. This allows him to apply to the court to have it removed from the certificate, which means the application is automatically terminated. If necessary, the same procedure can be performed by the mother. If the adoption process is carried out with the consent of the second parent, then alimony obligations are removed from him, since the support is now provided by another person.
2. Moving a child from one parent to another. Child support obligations can be imposed on any parent. When children live with their mother, the father is the child support payer. If the situation has changed, then based on this event, alimony is removed from one person and imposed on another.
3. Settlement of property. An example of offset of property would be the transfer by one spouse to the other of real estate or other benefits with the subsequent termination of alimony support. But for such a procedure it is necessary to conclude an appropriate agreement, which stipulates the period of non-payment or a full refusal of them.
4. Family restoration. When the family is restored, that is, the spouses live together again, alimony does not stop accruing. It turns out that in order to terminate this procedure, it is necessary to write a statement that will terminate the alimony provision on the specified basis.

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Who can initiate

The initiator can be any of the parents, but for special reasons. For example, in an agreement, the initiative may belong to both parties, but only the alimony recipient can terminate it.

Article 101 of the Family Code of the Russian Federation

A voidable transaction may be considered such if the rights of the contesting party are violated. If there are violations of the law, for example, the rights of a child are violated, then this version of the agreement is considered void.

If there is a court decision, then the revocation is carried out by appealing it by the alimony payer. The claimant has the right not to transfer an executive-type order to bailiffs.

If the writ of execution was handed over to the bailiff, who is the executor of the case, then only the recipient of the funds can revoke it. But there is an exception in the form of challenging paternity. If there is a court ruling that a citizen does not have blood ties with children, he can file a claim to cancel the security.

It is necessary to take into account that the alimony recipient, after refusing to receive alimony, can go to court again.

Article 101 of the Family Code of the Russian Federation “The procedure for concluding, executing, changing, terminating and invalidating an agreement on the payment of alimony”

Consequences of refusing alimony

• official exemption from financial assistance;
• maintaining the opportunity to re-request security from the date of application;
• no impact on parental rights.

There is an important point here: if any conditions were not met, for example, the clauses of the contract were not fulfilled, then the guilty party can be held accountable. And also in the future to deprive her of parental rights, as in the case of ordinary non-payment of funds.

It must be remembered that the abandonment of children itself does not constitute a withdrawal of alimony, except in cases established by law. Deprivation of parental rights for various violations, in particular the child’s rights to maintenance, also does not eliminate the need for financial assistance in the amount established by agreement or by the state.

Waiver of alimony in the form of an alimony agreement

The agreement provides for the agreement of the parties to an alternative option, which is specified in the document. Such an agreement must be notarized. Two more conditions are correct and complete completion and the absence of signs of insignificance or contestability.

Only if all legal regulations are observed will the document have legal force.

It is also necessary to pay attention that the agreement takes into account the interests of the child and does not violate his rights in any form.

Required documents

To draw up an agreement at a notary's office, you will need several documents:

• participants' passports;
• the child’s birth certificate, as well as his passport, if available;
• old-style agreement, if there was one.

Additional documents must include a receipt indicating payment of the state duty, and papers for the property that is being transferred.

Read also: Alimony if the husband does not officially work

Contents of the waiver agreement

The form of the agreement is not established by law, therefore it has a standard form with the inclusion of mandatory content. Data:

• address and name of the notary office, as well as the date of registration;
• data of the parties;
• information about the minor;
• details of the previous agreement, including number;
• date of commencement of action;
• date of registration and signature of persons with transcript;
• data on the process of termination of the contract in connection with the provision of various benefits, property with a full inventory and documents for them.

It will be necessary to carefully consider the transfer of property, as well as the periods for which a person is exempt from the need to transfer amounts in payment for the transferred benefits. All real estate or other material assets must belong to the person being transferred according to established property documents.

Sample alimony agreement

Refusal after receiving a court decision through bailiffs

During legal proceedings, former spouses have the right to enter into a settlement agreement. If this does not happen, then the writ of execution is subsequently transferred to the bailiffs. You can revoke it using a statement from the claimant.

For this procedure, an application is submitted, which will be considered by the bailiff. After this, a resolution is drawn up, which is transmitted to all parties in person or by mail. The entire process takes 5 working days.

Here you need to take into account that the application must be completed correctly.

Documentation

The documents you will need to provide include the application itself and your Russian passport. The state fee is not paid when applying to the bailiff service.

Contents of the application for revocation of IL

The revocation of the writ of execution is carried out after writing an application to the FSSP employee who is involved in this case. Contents of the document:

• FSSP address, as well as its full name;
• details of the court decision, including number and date;
• Full name of the alimony recipient, that is, the child and his date of birth;
• details of the claimant;
• information on the writ of execution in the form of number and date;
• date of entry into production of IL;
• date with decrypted signature;
• request for the return of the sheet, as well as termination of alimony support.

If the application form is filled out incorrectly or any type of errors are made, including spelling or factual errors, the document will not be accepted.

Sample application for revocation of a writ of execution

Refusal of alimony through an employer

When the alimony payer is officially employed, the writ of execution is transferred to the organization where he works. In this case, you will need to submit an application to your direct employer or accountant. Only the claimant can do this. After receiving a positive decision, the sheet is sent by mail or delivered in person. The process itself lasts no more than a working week.

Here it is important to leave contacts, in particular the telephone number at which the decision will be notified.

Required documents

To contact an employer or an accounting employee, you must have a completed application in which all registration requirements are met, as well as your passport. If there are grounds, you will also need to provide copies of the child’s birth certificate and writ of execution.

Contents of the statement

The document contains several mandatory items. Intelligence:

• all information about the organization, including address, name;
• information on the manager to whom the appeal is made, in the form of full name and position;
• data on the payer, in particular personal and work, for example, position;
• details of the claimant;
• information about the child;
• a completed application form indicating a request to return the sheet;
• date of compilation, as well as decrypted signature.

The form has a standard design.

Application form for revocation of IL

According to the law, waiver of alimony obligations is impossible except for a number of regulated grounds. In other cases, temporary termination is possible in the form of an agreement with certain conditions or revocation of a writ of execution.

Most options are agreed upon by the parties, but the party that receives the funds has the majority of options for this procedure.

To stop receiving funds, you must correctly fill out a special application, the form and content of which will depend on the option for receiving payments.

Source: https://zakonoved.su/otkaz-ot-alimentov-na-rebenka-osnovaniya.html

Waiver of child support

The basis for refusing to pay alimony is, first of all, psychology. Since there is no logical basis for the voluntary refusal of financial resources required by law, even with high financial security of the parent.

When refusing to receive funds, the parent or guardian acts on behalf of the child, because alimony is intended to ensure his comfortable and trouble-free existence until adulthood, be it extracurricular development or education, and not to improve the material well-being of adults.

Based on the RF IC and the Federal Law on Children's Rights, the subjective right of any child is mandatory provision by parents and receipt of funds from a parent who does not pay child support voluntarily.

The modern judicial system completely excludes the positive outcome of claims for refusal of alimony and provides cases in which collection can come from the initiative of the guardianship and guardianship authorities if both parents do not have the proper desire. But in practice, there are several tools that allow you to effectively refuse to receive payments.

Reasons for refusal

Most often, the reason for refusing alimony payments is the emotional reluctance of one of the spouses to somehow depend on the other. But there are other options that have a more rational basis:

• when refusal is required by the payer, on whom the issuance of consent to take the child to another country depends;
• the reasons for depriving the parental rights of the spouse responsible for receiving alimony and providing for the child are hidden;
• payment of alimony in a one-time amount sufficient to support the child until his 18th birthday. This is suitable in cases where the parent’s income is unofficial and it is impossible to legally formalize the fact of their transfer.

However, in a given situation, the law of the Russian Federation regulates the absence of reasons to limit the rights of a child by canceling alimony. Therefore, in order to refuse, it is necessary to carefully prepare documents and strictly follow the procedure.

Registration of refusal

Registration of refusal of alimony payments depends on the situation in which the parents find themselves:

Situation Decision Before the court order to pay alimony Everything is simple here: the parties simply do not file an application with the court and live separately, having agreed on a waiver of alimony. If the child receives proper financial support, and there is no reason for the intervention of guardianship and guardianship services, then this is the best option. But if one of the parents wants to pay for the child’s maintenance, the trustee or guardian cannot have legal grounds for refusal until the court decides on the payment of alimony. When deciding cases of divorce, the court is authorized to decide on the future financial support of the child if he is a minor. However, it is possible to avoid the assignment of alimony during court proceedings by concluding a settlement agreement that secures their payment on a voluntary basis. Immediately after the court makes a decision, the Defendant must appeal the court decision through an appeal, and then send to the magistrate’s court a settlement agreement signed by both parties in accordance with Art. 326.1 Code of Civil Procedure During the appeal proceedings, the Parties must declare their desire to enter into a settlement agreement, which will be reflected in the case materials and at the end of the process, the defendant and plaintiff will need to sign it. During the claim proceedings, the Parties must write a statement under Art. 440 Civil Procedure Code. The court will review the accepted document and make a decision. The verdict will be received by all parties to the case, including the bailiff, who will terminate the judicial proceedings by executive order. An important point: in accordance with Art. 39 of the Code of Civil Procedure, the court refuses a settlement agreement or waiver of alimony if this may harm the rights and legitimate interests of children in the form of material support on the part of the parents. After concluding an agreement on child support on a voluntary basis. If there is an agreement on payments concluded by mutual consent of the parents, the document can be terminated by a notary according to Art. 101 SK. If this is not the case, then termination is possible only during a court case, since refusal by only one of the parties is not allowed. Read also: Alimony from a serviceman under a contract, from a pension

Application for waiver: Most often, the need to waive alimony arises during enforcement proceedings. In order to terminate the execution, it is necessary to obtain a corresponding court decision. This is done by writing and submitting an application on the part of the plaintiff.

Sample application for waiver of alimony

Download a sample application for waiver of alimony:

Refusal of alimony is an almost impossible procedure from the point of view of the law. However, if there are compelling circumstances and provided that the refusal will not harm the financial support of the children, it is possible to find tools to stop payments.

Source: https://YurPortal.info/alimenty/otkaz-ot-alimentov/

Relinquishment of parental rights: voluntary, sample application | Legal Advice

Last updated March 2019

Voluntary relinquishment of parental rights is a rather strange procedure. There is no such concept in any law of the Russian Federation, but in practice it is possible to issue a refusal through the court.

There are some parents who do not want to take part in their child’s life in any way. For example, a father who does not participate in raising children and does not pay child support can easily be deprived of parental rights.

This can be perceived as a voluntary abandonment of one's own children.

The Family Code is alien to the concept of renunciation of parental rights to a child. There is no such article there. A parent does not become free simply by writing a waiver. The decision remains up to the court. But, according to official statistics, most claims in such cases are satisfied. However, you will still have to pay child support.

For example, a mother was deprived of parental rights in court. In this case, she is released from the responsibility to raise children. But she is obliged to support them until the children reach adulthood. The amount of alimony is set by the court.

Abandonment of a child is inherently equivalent to a procedure for deprivation of rights. This is stated in Articles 69-71 of the RF IC. The filing of a statement of claim and the trial itself take place in accordance with the rules of civil procedure.

How does the refusal procedure work?

1. One of the parents must write a statement renouncing rights to children. It also states that they agree to the continued adoption of the child. If you wish, you can write a request so that they are not summoned to court in this case. The notary certifies this application with a signature and seal.
2. The document is given to the other parent. Next, it must be provided to the guardianship authorities and 2 witnesses. It will be good if they confirm that the parent does not want to participate in the life of his child.
3. After all the documents have been collected, they can be taken to court.
4. The trial usually proceeds quickly. It should be noted that representatives of the PLO and the prosecutor must be present at the trial. Without them, the court decision will be invalid.

In a maternity hospital, the mother’s rights are waived when she writes her appropriate consent to place the newborn in state educational institutions. If her plans do not include taking the child back within 6 months, then a document giving the right to adoption is immediately signed. In this situation, parental rights are transferred to the adoptive parents.

In the case where there is an adoptive parent or guardian, a simpler scheme can be used. The parent applies to a notary or guardianship with a statement giving consent to the adoption of the child. Here you can do without a trial.

Nuances of voluntary refusal

The following persons have the right to file such a claim:

• parents indicated on the birth certificate;
• child after reaching adulthood;
• guardian of an incapacitated parent or child.

The claim is denied to the father in two situations:

• if he knew that the child was not born from him and still agreed to register it in his name;
• if the baby was born through IVF, and the father has the consent of the father to use the biological material of another man.

For example , if the 2 above cases are excluded, and the father has doubts that the children were born from him, then he has the right to file a claim for waiver of the father’s rights. He is required to provide the results of a DNA test to the court. If the fears are confirmed, the man is completely released from the responsibilities of paternity and payment of alimony.

How to file a lawsuit correctly

The claim is addressed to the court, POO, registry office. Each addressee should be written on a new line indicating the full name. Then a statement is written from whom, indicating the full name, place and date of birth, passport details, telephone number and address.

The narrative states that the parent voluntarily and completely renounces his rights to his child. You must indicate the baby's full name, date and place of birth.

Next, the parent must express consent to the deprivation of his parental rights and the further adoption of the child in accordance with Russian law.

It must be written that the child can be adopted, and that the refusal cannot be reversed after a court decision.

If the refusal is made by the father, then on a new line it is necessary to write that the mother of the baby retains full parental rights.

Below it is indicated that the parent has read and understands everything stated above and signs it meaningfully. The date and locality should be written completely in words. At the end, put your signature and its transcript.

The application must be notarized. The notary also registers this document. Below is a sample waiver application.

• To _________________________
  (name of court)
  To the guardianship and trusteeship authorities
  __________________________
  To the registry office ____________________
  From: _______________________
• (full name, address, passport details)
• STATEMENT

I hereby completely and voluntarily relinquish parental rights in relation to my/my son/daughter – _______________________, born “___” ____________. in

___________ and agree to the deprivation of my parental rights, as well as to the adoption of my child in the future in accordance with current legislation.
I understand that my child may be adopted.

I understand that I cannot rescind this relinquishment once a court order has been entered that affirms the relinquishment or otherwise terminates my parental rights to my child.

Even if the court decision does not terminate my parental rights in relation to my child, I cannot cancel this refusal after the court decision on adoption enters into force.
The parental rights of the mother of the child _______________________ are retained in full.
I have read and understood the above and sign it intelligently and freely.

I ask the judicial authorities to consider the case in my absence.

City ______, ______________ year.
__________________ /signature/
City ______. ______________ of the year.

I, _________________________, a notary of the city of _____________, certify the authenticity of the signature of the city. _______________________, which was done in my presence. The identity of the person who signed the document has been established.

1. Registered in the register under No. ______________
   Collected at the rate of ________________________
2. Notary _________________________________

Documents for court

Voluntary refusal must be supported by a statement. This document is then signed by representatives of the guardianship authorities. They are also required to check the child's living conditions and ensure that they do not deteriorate. The application is submitted to the court along with a receipt for payment of the state fee and the following documents:

• marriage or divorce certificate;
• birth certificate;
• characteristics of parents or adoptive parents, if any;
• other documents.

In addition to papers, at least two witnesses must be invited to court.

Consequences of failure

A parent's relinquishment of parental rights, both forcibly and voluntarily, has the same consequences. The law provides for the following rights that a negligent parent loses:

1. Taking care of the child.
2. Representing the interests of the child in any instance.
3. Protection and the right to demand the extradition of a child who is being held by strangers.
4. The right to inherit the property of a minor after his death.
5. Receiving benefits and allowances.
6. Receiving alimony in case of incapacity.

One responsibility remains for the parent. This is the payment of child support until the child reaches 18 years of age. The state only waives child support if he is adopted.

The minimum period for paying alimony is 6 months. This can happen when, after abandoning a child, other people immediately adopt him. For example, the biological father abandoned the children, and they are then adopted by their mother's new husband.

Is it possible to revoke a refusal decision?

It is possible to refuse the application and take the child back within six months from the date of the court's decision . The parent has time to come to his senses until the court decision is announced. After 6 months, the court decision does not have retroactive effect, that is, it cannot be challenged.

Ordinartsev Roman Valerievich