Waiver of child support: voluntary, sample

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.

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.

Read also: Sanatorium for pregnant women

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

How to refuse child support

Home » Alimony » How to refuse child support

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The legislation does not provide for a direct possibility to completely officially refuse alimony already paid, since this would already be a violation of the rights of the child. In particular, Article 80 of the RF IC, which clearly states that parents are obliged to support their children no matter what. However, there are several workarounds that ultimately lead to the same result.

The simplest option for “refusing” alimony is not to initiate the process of receiving it. If there are no requirements, government agencies will not deal with this issue. As a result, the other party will not have to pay anything.

As already mentioned, the ex-wife will not be able to directly refuse to receive alimony payments. However, the spouse can write a refusal while simultaneously indicating the reasons for this.

In this case, you need to understand the list of main reasons why the state would agree to take such a step.

Reasons for refusal

The mother will be allowed to refuse to receive alimony in a number of cases. It should be remembered that after a refusal, you can again officially initiate a case to resume payments at any time. However, you need to take into account that payments for the previous period cannot be returned: you can only receive what is due in the future.

Change of parentage or adoption

If the biological father was not initially indicated on the child’s birth certificate, then the child support payer can take a test to establish the fact that he is not the child’s real parent and demand that he be removed from the birth certificate. This factor automatically implies the termination of alimony payments. The same procedure can be initiated by the mother of the child.

An alternative option: the mother’s remarriage to another man who agrees to foster or adopt the child, which involves the transfer of rights and responsibilities to another father. Of course, this requires the permission of the biological father.

Example : After the birth of a child, his mother indicated her husband Vasily on the birth certificate. Later they separated and it turned out that Vasily is not in fact the biological father.

He files a lawsuit and seeks to have him removed from the birth certificate. After some time, the woman finds her biological father and they get married.

A man adopts a child and becomes not only his biological, but also his actual parent.

Either parent can pay child support, although most often it is the father who does this, since children usually stay with their mothers. However, in some cases, after a divorce, the child, of his own free will or at the request of the parties, moves to the second parent. In such a situation, the alimony payer becomes their recipient. That is, the situation is reversed.

Example : After her parents divorced, her daughter stayed with her mother. The father regularly paid child support.

A few years later, the woman married another man, with whom her daughter’s relationship did not work out and developed into an open conflict. The girl asked her mother to let her go live with her father.

Both sides agreed. Since the official move, the mother stopped receiving child support, but began paying it.

Example : The woman actually does not need the alimony paid by the husband; she earns quite a lot.

But she wants to get back the car she drove before the divorce, but which went to her ex-husband as part of the divorce.

The parties enter into an agreement according to which the husband voluntarily transfers the car, and the woman agrees that after transferring the vehicle she will no longer demand alimony.

It is also possible to issue a refusal to receive alimony payments in the case where the former spouses decide to get back together and continue living together. Please note that in such a situation, deductions are not automatically canceled. You will need to submit a corresponding application to the executive service and indicate family restoration as the main reason for stopping payments.

Consequences of refusing alimony

There is a misconception that abandoning a child frees you from child support. Actually this is not true. If the payer really is the biological father and he is deprived of parental rights (or he himself renounces them), this does not mean that he will not have to pay child support.

The consequences also include the potential danger of losing the rights to the child for the recipient of alimony. If the state notes that the woman refused the money, but her own funds are not enough to support the baby, then this could all end in deprivation of parental rights and sending the child to an orphanage. Fortunately, this rarely happens.

How to officially refuse alimony paid by your husband

What needs to be done to officially refuse alimony? The procedure is quite complicated, as it involves several steps, but there is nothing impossible about it.

Procedure

1. Discuss the situation with the alimony payer. Offer him an alternative to payments in the form of the transfer of some specific property. This could be household appliances, transport, real estate, land or anything else.
2. If the other party agrees to this option for resolving the problem, it is necessary to draw up an agreement between the former spouses, which must indicate the fact of the exchange of alimony for property (or rather, the receipt of property for the purpose of alimony) and further refusal of payments.

   If the document contains only a refusal, the notary will not certify it.

3. The drawn up agreement must be notarized.
4. With the completed document, you need to visit the executive service and write an application for waiver of alimony based on the concluded agreement.

   A copy of this document is attached to the application.

Application for voluntary waiver of alimony

The application can be submitted at any time, but you must adhere to the conditions specified in the agreement. If it says that the agreement comes into force 1 month from the date of certification, then you need to go to the executors after 1 month.

Separately, it should be clarified that this is not a claim, but simply an application that is submitted not to the court, but to the bailiffs. As a result, no consideration will be given.

The document will be accepted, studied, checked and, if normal, they will stop writing off alimony from the payer.

How to write

It is very important to write this statement correctly, although in fact there is nothing complicated about it.

• In the upper right corner: the name of the executive service, the details of the bailiff who is involved in this case, as well as information about the applicant.
• The text: describes the situation, indicates the applicant’s demands (in this case, that alimony should be waived) and necessarily clarifies the reason why the person comes to such a decision.
• At the bottom: a list of attached documents, date and signature.

Sample

You can download a sample application form here:

Download a sample application for waiver of child support

Documentation

The list of documents that must be attached to the application for waiver of alimony may vary greatly depending on the circumstances. Here are a few example options:

• Change of paternity : you need to attach a new birth certificate of the child, test results, document about the adoption of the child.
• Moving a child : on the right from the housing office about with whom the child currently lives and where exactly. You can also attach an agreement between the parties that the child will now live not with his mother, for example, but with his father. The same document may also contain information about the future fate of alimony payments.
• Offset : attach an agreement to exchange the balance of payments for the property and the fact of the change of owner for the property.
• Family restoration : certificate of family composition.

Settlement agreement to waive alimony

A settlement agreement can only be relevant if the spouses are currently suing each other and one of the points is the issue of alimony. In such a situation, they can conclude a settlement agreement and describe in it, for example, the fact that the father gives away the apartment, but will not owe anything else.

Regardless of what agreements have been reached, they must be recorded in court or notarized. A simple receipt stating that alimony no longer needs to be paid because the payer gave away the keys to the apartment will not help in this case.

If you need to refuse alimony, you should take into account everything said above, but you also need to understand that each individual situation is purely individual. At a free consultation, our experienced lawyers will help you sort out all controversial issues and prepare the necessary documents.  

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call +7(499)369-98-20 - Moscow and Moscow region
• call +7(812)926-06-15 - St. Petersburg and region

Source: https://ros-nasledstvo.ru/kak-otkazatsya-ot-alimentov-na-rebenka/

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	Solution
Before the court order to pay alimony	Everything is simple here: the parties simply do not submit applications to 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
Before the court decides to pay alimony	When deciding divorce cases, 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 through the conclusion of a settlement agreement securing their payment on a voluntary basis
Immediately after the court's decision	The defendant needs to challenge 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 Civil Procedure Code
During 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 need to 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 Civil Procedure Code, 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 from 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

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/

How to refuse alimony paid by your husband - Application for waiver of alimony (sample) 2020, agreement to waive alimony (sample)

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The concept of voluntary refusal of alimony on the part of both the payer and the recipient is absent in the legislation. This is due to the need to fulfill parental responsibilities. The fact of unwillingness to pay or receive alimony is a violation that is suppressed by the guardianship and trusteeship authorities, because in fact, the mother and father thereby refuse to provide for the child.

However, with all this, the parent with whom the minor child lives still has the right to ignore the help offered by the second parent, provided that he fully provides for the child on his own.

Is it possible to refuse child support?

Refusal of alimony is the reluctance of one of the former spouses to enter into alimony legal relations or support them. The reasons for this may be different - from the cessation of communication between divorced parents and the fundamental reluctance to receive help from a person who has become a stranger to amicable reconciliation and restoration of the family.

Although the waiver of alimony is not officially enshrined, family law is so flexible that former spouses have learned to circumvent the supposedly mandatory requirement to pay for the child.

Of course, in this case they cannot do without the help of a lawyer. Our specialists are ready to advise you free of charge on all issues related to voluntary waiver of alimony.

Attention! Former spouses who, for any reason, do not want to receive (pay) money for the child should take volitional actions aimed at terminating alimony obligations.

The format of such actions depends on the basis on which payments were received previously:

• on the basis of a notarized agreement;
• on the basis of a court decision and a writ of execution.

An ex-wife cannot write a refusal in the literal sense of the word. This must be either a new agreement between the divorced spouses, replacing the old one, or an application for the return of the writ of execution submitted to the bailiff.

The easiest way to waive alimony obligations is to not apply for alimony in the first place.

Consequences of refusing alimony

Voluntary refusal of child benefits leads to:

• official release of the father from payments;
• preserving the opportunity for a woman to request alimony in the future, but only from the moment of application, and not for the last 3 years before it.

The father's parental rights are not affected. If he continues to participate in the material support of former family members, it is advisable to ask his wife for a receipt indicating that she received the money.

IMPORTANT: There is a misconception that abandoning a child frees you from child support. This is wrong. Even the deprived parent is finally deprived of all rights and responsibilities in relation to the child only when the minor is adopted by another family.

How to officially refuse alimony paid by your husband

The procedure for refusing payments for a child depends, as already mentioned, on the basis for assigning alimony and the stage of its collection.

Alimony is paid by agreement

If a man makes contributions as a result of concluding a notarized agreement, then in this case refusal of payments is possible by drawing up a new document, which will cancel the current agreement.

IMPORTANT: To enter into such an agreement, the presence of both parents of the child is required.

Its preparation can be entrusted to a notary, but first it is advisable for the spouses to agree on replacing the husband’s alimony obligations with something of equal value.

Alimony ordered by the court

If alimony is ordered by the court and both parents want to change the order of providing for the child, then at the stage of court proceedings they have the right:

• conclude a settlement agreement and approve it in court, establishing the procedure for maintaining children;
• The plaintiff may withdraw his statement of claim by abandoning the claim.

Attention! A settlement agreement can be concluded immediately after filing claims for alimony and further at any stage of the legal process. The main thing is the desire of the parties to find a compromise.

If the decision has already been made, the claimant may simply not present the writ of execution for execution, thereby abandoning the mechanism for forced collection of child support.

Enforcement proceedings initiated

If a woman independently wishes to refuse alimony at the stage of enforcement proceedings, then this is one of the simplest options.

What should be done? The mother simply submits an application to the bailiff to return the writ of execution to her, and no motivation for such an application is required.

The bailiff issues a resolution to terminate the proceedings in accordance with Art. 46 of Law No. 229-FZ.

If alimony has not been officially assigned, it is advisable for the parties to take care of drawing up a settlement agreement with a notary on acceptable terms or ways of confirming the father’s participation in providing for the child (for example, by issuing receipts by the woman). But this is only necessary for the father in case the child’s mother demands the collection of alimony in the future and accuses him of failure to fulfill the duties of a parent.

Procedure and procedure for refusal

Let's consider the unilateral and bilateral procedure for refusing alimony ordered by the court. The first is permissible only at the stage of enforcement proceedings, when the bailiff is involved in collecting money. The second - at any stage of the process, including when considering a case in court, if a court decision has not yet been made.

Application for voluntary waiver of alimony

To refuse to receive child support payments, the woman sends the bailiff an application for the return of the writ of execution.

How to write

The document is drawn up in any form. It must contain the following information:

• where the application is sent - the number and address of the bailiff department that holds the writ of execution;
• from whom – full name and contact details of the woman;
• information about the alimony payer;
• number of the court decision and the writ of execution on the basis of which the collection is carried out;
• date of acceptance of the writ of execution into proceedings;
• a request for the return of the document and termination of proceedings;
• date, signature.

Based on the application, the bailiff issues a decision to return the writ of execution and sends a copy of this act to the recoverer and the alimony payer. The consequences of such a decision are explained to the applicant - the woman has the right to present the writ of execution to the bailiff again in the future. The decision is subject to appeal.

Both bailiffs (but very reluctantly) and third-party lawyers will help you correctly write an application for refusal to execute a court decision.

Sample

The application form can be obtained from the bailiffs, or you can fill it out yourself using the sample presented below.

Refusal of a claim in court

If the case is heard in court, and the plaintiff decides not to collect, then he has the right to abandon the claim. According to the provisions of the Code of Civil Procedure of the Russian Federation, refusal of a claim entails the impossibility of going to court again on the same grounds.

Refusal of a claim orally or in writing is entered into the minutes of the court session.

• If the refusal is submitted in writing, the signature of the plaintiff in the application is sufficient
• If it is stated orally, the plaintiff must sign the protocol on acquaintance with the consequences.

Settlement agreement to waive alimony

If a woman filed a claim for alimony, but during the hearing she decided to voluntarily refuse alimony, the case may end in the most favorable way for both parties to the lawsuit.

To do this, the child’s parents can agree to conclude a settlement agreement (Article 39 of the Code of Civil Procedure of the Russian Federation), where options for maintaining the child will be provided. Thus, the court will take into account the wishes of the plaintiff and defendant, approve the agreement and terminate the proceedings.

The agreement drawn up by the parties must be presented to the judge at any stage of the process. This agreement should define the rights and obligations of the husband and wife, and also ask the court to approve the agreement and terminate the alimony proceedings.

After the document is approved by the judge, the parties sign it. The proceedings are terminated.

The option of concluding an agreement is also suitable for those who have not yet submitted a writ of execution to the bailiff due to the fact that the decision on alimony has not yet entered into legal force. The defendant must appeal the decision of the trial court. During the process, a settlement agreement between the parties is approved in accordance with Art. 326.1 Code of Civil Procedure of the Russian Federation.

In order for the husband to have the opportunity to prove his participation in the child’s life, he has the right to demand a receipt from the child’s mother indicating that she has received payments.

The receipt is drawn up in any form and serves as proof of the father’s participation in providing for the child in the event that government agencies are interested in the man, or the spouse re-applies for alimony. It is recommended that the document indicate that there are no material claims between the parties to the alimony relationship.

Need a lawyer

It is advisable for the parties to consult with a legal practitioner regarding the following points:

• how to document a refusal depending on a specific situation;
• what rights and obligations should be specified in the settlement agreement if it is necessary to draw it up;
• how to properly file a waiver of claim
• how to protect yourself from the attention of guardianship authorities;
• How can a man confirm the fact of payment of financial assistance for a child?

Remember that refusal of alimony, although a family matter, can lead to extremely negative consequences for both women and men. Do not neglect the help of a specialist, especially since our lawyers are ready to advise you free of charge and right now.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Source: http://allo-urist.com/dobrovolnyj-otkaz-ot-alimentov/

How to refuse alimony

You can officially refuse to pay child support:

• using the services of a notary to draw up a peace agreement;
• By the tribunal's decision.

During court proceedings, there are often cases when the spouse does not want to receive alimony from the father of the child. However, it is even more common when the ex-spouse is not eager to fulfill his immediate obligations to the child. Usually this refusal is due to the man’s lack of stable or any income.

If one of the child’s parents refuses to pay the required benefit, then the case must be referred to the court.

During the trial, the amount of the parent’s income will be determined and the amount for subsequent payments will be calculated from it.

This procedure is considered each time on a purely individual basis, and all external factors are taken into account, such as:

• features of the defendant’s financial situation, the ability to support himself and a minor child;
• the state of physical and mental health of the defendant, which is directly related to his performance;
• the presence of other children or people in support, etc.

However, this can be done in other ways, described below.

1. In order to refuse child support payments in pre-trial order, you need to contact a notary. It will be necessary to draw up a formal bilateral agreement, which will mention not only the fact of refusal to pay. This notarial agreement must specify the conditions for maintaining the child, which, logically, should be more beneficial than paying alimony. The mechanism for resolving the conflict and the requirements for the stability of fulfillment of the undertaken obligations should also be described.
2. If there is a court decision that has entered into force, two versions of the development of events are possible. First: the child’s mother receives a writ of execution, but does not transfer it to the appropriate authority, and therefore, thereby refuses to receive funds for the development of the baby. Second: the recipient (usually the mother of the child) can write a statement asking to withdraw the writ of execution ordering the payment of alimony, thereby closing the proceedings.

Refusal to pay alimony is a reversible process, since the law is always on the side of the minor citizen, who has the right to be provided with funds by his parents.

Cases of failure and list of consequences

There may be several reasons for refusing alimony payments. Among the most common are the following:

• existence of an oral agreement between parents to establish the maintenance of a minor;
• the presence of psychological problems between parents;
• inability to support a child due to the father’s poor earnings;
• transfer of a one-time large cash payment covering alimony amounts;
• repayment of alimony amounts by donating property to the child, for example, an apartment;
• the need for the father to issue permission for the minor to travel abroad.

Parents must understand that such transactions cannot be absolutely legal. An exception is the payment of alimony benefits in a lump sum.

If you refuse alimony payments, there are consequences for both parties. When drawing up an agreement, especially an oral one, you should not expect a 100% guarantee of exemption from the need for monthly transfers.

She can also file a claim for alimony for the last three years.

Refusal of child support if one of the parents does not agree

When one parent does not want to refuse to pay child support, this issue is resolved in court by filing a statement of claim.

The court will ask the plaintiff to provide compelling reasons for such a decision, for example, it must be proven that the child does not require the help of his father or mother, since he is completely transferred to the care of the second parent.

In this case, there must be witnesses who agree to testify for the court, or, if the child is already quite old, he can say for himself which parent he lives with. Additionally, a certificate of family composition may be required.

Also, if the payer refuses to pay alimony, he must provide a certificate stating that he is truly unable to pay alimony, since he has lost his solvency. For example, this can happen due to illness or due to a difficult financial situation.

There are cases when a mother does not have the right to receive cash payments for the maintenance of a child, since she is deprived of parental rights, which means that all parenting responsibilities have fallen on the shoulders of another person.

Based on this, alimony will be received by a relative or guardian who has assumed all obligations.

wife's refusal of alimony: how to write an application and have it certified by a notary

My son divorced his wife and they have a daughter. The child’s mother wanted to file for alimony, but we agreed, because she had a lot of debt and was drinking, she changed her mind. The father dresses and pays for the garden and buys everything he needs himself. How or what kind of application to write so that in the future she does not apply for alimony and all this is certified by notaries so that there are no complications in the future

Vladimir (02/26/2013 at 11:23:44)

Hello, The refusal of alimony does not have legal force, it is better to draw it up in accordance with Article 80. Obligations of parents for the maintenance of minor children 1. Parents are obliged to support their minor children.

The procedure and form for providing maintenance to minor children are determined by the parents independently. Parents have the right to enter into an agreement on the maintenance of their minor children (agreement on the payment of alimony) in accordance with Chapter 16 of this code.

have it notarized, indicate the minimum amount in the agreement and pay it out. Because subsequently the ex-wife will want to file for alimony and has the right to collect it for the past three years. So you better protect yourself.

Pronichkina Yana Igorevna (02/26/2013 at 11:59:15)

Hello! It is impossible to write an agreement waiving alimony, as this violates the rights of the child.

You can enter into an agreement to pay child support. According to Article 99 of the Family Code of the Russian Federation, an agreement on the payment of alimony (amount, conditions and procedure for payment of alimony) is concluded between the person obligated to pay alimony.

and their recipient, and in case of incapacity of the person obligated to pay alimony and (or) the recipient of alimony - between the legal representatives of these persons.

Persons who are not fully capable enter into an agreement to pay alimony with the consent of their legal representatives.

USEFUL INFORMATION: How to live alone after divorce

According to Article 100 of the Family Code of the Russian Federation: 1. An agreement on the payment of alimony is concluded in writing and is subject to notarization.

Failure to comply with the statutory form of the agreement on the payment of alimony entails the consequences provided for in paragraph 1 of Article 165 of the Civil Code of the Russian Federation. 2.

A notarized agreement on the payment of alimony has the force of a writ of execution.

According to Article 103 of the Family Code of the Russian Federation: 1. Amount of alimony. paid under the alimony agreement is determined by the parties to this agreement. 2.

According to Article 104 of the Family Code of the Russian Federation: 1. The methods and procedure for paying alimony under an agreement on the payment of alimony are determined by this agreement. 2.

Alimony may be paid in shares of the earnings and (or) other income of the person obligated to pay alimony; in a fixed sum of money paid periodically; in a fixed sum of money paid at a time; by providing property, as well as in other ways regarding which an agreement has been reached. The alimony agreement may provide for a combination of different methods of alimony payment. Good luck to you!

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Reasons for refusing alimony

There are actually many reasons why a father may refuse to pay child support, here are the main ones:

1. The child changes his permanent place of residence and moves to live with his father. Full financial support is transferred to the shoulders of the parent, who previously had to pay child support.
2. The parent who previously paid child support is deprived of parental rights for some reason, and the child himself is adopted by another person, for example, the mother’s new spouse or the father’s new wife.
3. Refusal to pay alimony is accepted by law if there are no family ties between the child’s father and the child himself, and during the examination it was established that the man is not his biological father.
4. If a child who was previously recognized as disabled has reached the age of majority and has become able to work.

Each refusal to pay alimony listed above must be confirmed by the court.

When is alimony waived?

The law insists that a parent, as a child’s legal representative, does not have the right to refuse money and thereby worsen the child’s living conditions. Former spouses can draw up a joint agreement with a notary, in which both parties benefit. The father provides the opportunity to take the child to another country and does not pay any money for the child’s maintenance.

One of the spouses can give alimony in the form of property. Such an agreement is permitted by law, and this becomes a reason for refusal. The legislation allows the refusal of alimony when the court has recognized the absence of family ties with the child. The received court decision gives the right to refusal.

The refusal is issued upon adoption of the child. The new legal father takes on all the functions of a parent with full financial support, and child support is no longer required to be paid.

Often refusal becomes possible because the child has transferred to the full support of the person who made the payments. Refusal to pay sums of money can be issued when the parent, guardian or relative receiving them did not fulfill their duties and did not spend them purposefully on the child.

If an adult received an interest from the total income of the payer, then the refusal is issued after the restoration of his ability to work or a change in his material well-being, when the help of the ex-spouse ceases to be necessary. The refusal is also issued if one of the parties to the alimony payment agreement has died.

Causes and Effects

A few things to remember when going through a divorce:

https://youtube.com/watch?v=RjbDYT8x08k

So is it possible to refuse alimony? Such a refusal is considered legally. And these are cases where evidence is presented against the former spouse that he is not entitled to receive alimony or the children are adopted by another person who is the new spouse.

Thus, a spouse deprived of parental rights is entrusted with the responsibility of providing financial support for the children, but is deprived of the opportunity to raise them, to collect their maintenance from them after adulthood, and the right to inherit their property.

Options for refusing alimony payments

There is no point in filing a petition for refusal in court. However, there are several options to do this bypassing the court. The options depend on the payment method.

The child's representative may voluntarily not submit a request for maintenance. The mother has the right to write a receipt indicating that she has no claims against her ex-husband. In this case, citizens do not try to formalize the agreement.

You should know that such actions are illegal in relation to a child. In such a situation, the guardianship service may come into play. Its employees are checking the living conditions of the minor. They can force the mother to demand child support from the father.

A way out of this situation can be considered by including in the agreement information about the payment of multi-year maintenance to the child in a single payment.

The one-time payment must correspond to the amount of all payments until the offspring reaches adulthood. In this case, the agreement is legal.

A similar option is possible when transferring property as a gift.

It is important to understand that you cannot get by with a simple promise. The agreement should describe the possibility of waiving monthly payments for the donation of an apartment or house

Often, fathers make a mistake and draw up a gift agreement without signing the obligations on the part of the mother. The former spouses do not specify that payments stop due to the provision of property to the children.

The offense leads to the fact that after some time the woman files a claim for alimony. The fact of refusal of alimony payments to transfer an apartment or house to a child should be certified by a notary.

How not to pay child support legally

It is more difficult to refuse parental benefits after receiving a court decision. This can be done if the writ of execution is not handed over to the bailiff. Production on it will not begin.

If the writ of execution is nevertheless handed over and the proceedings are opened, you can write a statement to stop collecting funds from the alimony provider. Enforcement proceedings will be closed if there are serious reasons. A sample application can be obtained from the bailiff himself or found online.

Source: https://VsemoBrake.ru/other/kak-otkazatsa-ot-alimentov.html