Child support after deprivation of parental rights: father, mother, both parents

Sometimes there is a misconception that there is no need to pay child support after deprivation of parental rights. This is not true. Let us immediately note that maintaining children until adulthood is not a right, but a responsibility of both parents. It doesn't matter whether the parents live together or separately. If the marriage relationship has exhausted itself, but there are children left, both former spouses are obliged to support them.

What does family law say?

can agree peacefully on the procedure, form of payment of alimony, and the amount of
financial assistance for minor children during a divorce

The agreement, drawn up in two copies (in paper form), is certified by a notary.

Otherwise, the document has no legal force.

Agreement on payment of alimony. [14.65 KB]

If the father (less common, but still the same as the mother) evades fulfilling his obligations to support the child, the interested party files a lawsuit in court.

The amount of alimony, depending on the totality of all
circumstances, including whether the defendant has a permanent income,
can be established by a court decision:

• as a percentage of earnings and other funds received;
• in a specific amount.

In paragraph 2 of Art. 74 of family legislation, attention is focused on the fact that persons who decide to have a child are not released from the obligation to provide for their children financially, even if a decision is made to deprive them of their rights.

How to sue for child support: through State Services.

For information! It is not the natural mother who can seek to deprive the father of a child of his rights
, but a woman who has married a widower and adopted his son (daughter).

Under such circumstances, in fact, the stepmother has the right to demand alimony after the deprivation of the father’s parental rights.

Application for alimony. Download sample. [254.07 KB]

Termination of parental rights and child support

• An extreme measure taken in the interests
  of minors who need the care of loved ones, while their mother and father are alive, is
  to deprive them of their rights.
• If there are no relatives who want to take guardianship,
  the fate of the children is to stay in government institutions.
• The reason may be:

• children
  are not given due attention, that is, their upbringing, education,
  health status, when they are left to their own devices;
• the father
  or mother (both parents) shirk their responsibilities, including the payment of
  alimony;
• a newborn
  baby is not taken away from the maternity hospital or children are left in a hospital, kindergarten, or other
  organizations without good reason;
• use
  parental influence to the detriment of children, forcing them to beg, engage in
  prostitution or involve them in gambling, induce them to use alcohol and
  drugs, etc.;
• 
  physical or psychological violence or cruelty manifests itself
• mother,
  father are alcoholics or drug addicts, which poses a potential danger
  to the health and life of children;
• The parents
  were found guilty by a court verdict of criminal offenses that encroached on
  the life and health of family members.

Attention!

The Plenum of the Supreme Court gave clarifications on the application
of family law norms by courts when considering claims for deprivation
of parental rights (Resolution No. 44 of November 14, 2017).

Here are some of them:

1. Deliberate evasion of alimony payments means:
2. existing debt resulting from the fault of the alimony payer who entered into an agreement on monthly payments;
3. The alimony worker hides his true income (for example, he deliberately does not get an official job, receiving wages “in an envelope”);
4. if there is a court decision to collect monthly amounts for the maintenance of the child, the father (mother) is hiding, their whereabouts are unknown;
5. the parent has already been held administratively or criminally liable for failure to pay child support.
6. The issue of collecting alimony is resolved regardless of whether such a requirement was included in the claim.

Parents have a chance to regain their rights if, after realizing
their mistakes, they change their lifestyle.

That is why only six months after the mother and father were deprived of their rights, those wishing to adopt children left without the care of their relatives are given the appropriate permission.

The decision is made only in court. If children are over 10 years old, their opinion will be taken into account.

Download the statement of claim for deprivation of parental rights. [16.32 KB]

Payment of child support after deprivation of parental rights

As with a divorce, alimony can be paid:

• by signing
  a peace agreement formalized in accordance with the requirements of the law;
• according to
  a writ of execution or court order in a specified amount, or as
  a percentage of monthly income.

1. A similar situation occurs when
   both parents are deprived of parental rights.
2. If the child is in an orphanage or boarding school,
   the funds collected for alimony are credited to a specially opened
   bank account.
3. Having reached the age of majority, he will be able to dispose of
   the accumulated funds.

People often ask whether child support is paid after deprivation of parental rights, if the child is subsequently adopted or taken into a foster family.

The law (Article 120 of the RF IC) exempts blood parents from paying alimony only after the child has been adopted.

If guardianship, trusteeship, and alimony are issued,
you must pay.

Conclusion

• Deprived of the opportunity to raise children who were not
  properly cared for, the mother and father remain obliged to allocate funds
  for their maintenance.
• The exception is situations after adoption.
• Persons deprived of their rights will not be able to:

• continue
  to receive guaranteed child benefits, on which they sometimes live;
• take advantage
  of the benefits provided to families with children;
• claim
  in old age or having lost the ability to work for help from grown children.

A child left without parental care retains
the right:

• for
  housing and other property owned by them;
• for
  inheritance.

We talked about what the law says. In practice, it is difficult to obtain alimony if the former
parents lead a parasitic lifestyle:

• abuse alcohol, illegal narcotic or psychotropic substances;
• they don't work anywhere.

Source: https://pravasemei.ru/alimenty/alimenty-posle-lisheniya-roditelskih-prav/

Child support after deprivation of parental rights in 2020

Deprivation of parental rights is always an unpleasant process, since during the consideration of the case the issue of the future fate of the child is decided.

However, some people are concerned about the question: do parents who have been deprived of parental rights pay child support? We will tell you further about the answer to this question, as well as how deprivation of parental rights occurs, what the amount of alimony is set and how it is calculated.

Does deprivation of parental rights entail termination of child support?

The procedure for depriving parental rights in relation to one of the parents occurs exclusively in court. In this case, the following factors may serve as grounds for its implementation:

1. Repeatedly allowing angry, aggressive, or cruel treatment of a child or children;
2. Repeated acts of mental or physical violence;
3. Committing a crime against another parent of the child or his spouse, or other close relatives;
4. Abuse of one’s legal rights, which does not allow the child to realize and develop. For example, a ban on undergoing a medical examination;
5. Repeated refusal to pick up your child from a preschool institution or hospital for no apparent reason;
6. Non-participation in education and development without good reason;
7. Non-payment of alimony;
8. The presence of chronic diseases such as alcohol addiction, drug addiction, etc.

Important! At its core, deprivation of parental rights represents the loss of rights to one's child. However, this fact does not exempt you from paying alimony. This rule is enshrined in Art. 71 of the RF IC, which states that such a father (mother) loses contact with the child based on the fact of kinship, but does not relieve him of the obligation to support him.

Article 71 of the Family Code of the Russian Federation “Consequences of deprivation of parental rights”

Procedure for deprivation of parental rights

According to the requirements of Art. 70 of the RF IC, the procedure for deprivation of parental rights takes place in a court hearing. In this case, several parties can make such a statement at once:

1. One of the child's parents;
2. Guardian;
3. Representative of the prosecutor's office;
4. Commission on Juvenile Affairs;
5. Organizations designed to support and educate orphans.

As a general rule, a claim for deprivation of parental rights is filed at the place of residence of the father (mother) in respect of whom the deprivation procedure is being carried out.

According to the provisions established by Art. 131 of the Code of Civil Procedure of the Russian Federation, the statement of claim must consist of the following parts:

1. Introductory part containing:
   • name of the court;
   • details and personal data of both the plaintiff and the defendant, indicating telephone numbers;
2. A descriptive part, which describes in detail the circumstances of the case with references to the rules of law, as well as the evidence to which the applicant refers;
3. The pleading part contains the demands that the plaintiff puts forward to the defendant.

• In addition to the above, it is necessary to indicate a list of attachments attached to the case materials.
• In conclusion, the statement of claim must be signed by the plaintiff or his legal representative and dated.
• Download an example of a statement of claim for deprivation of parental rights
• Article 70 of the Family Code of the Russian Federation “Procedure for deprivation of parental rights”
• Article 131 of the Civil Procedure Code of the Russian Federation “Form and content of the statement of claim”

Judicial practice on the issue of assigning alimony upon deprivation of parental rights is such that the issue of assigning payments is resolved automatically, which means that there is no need to file a separate statement of claim.

There are two payment methods:

1. By court decision;
2. Voluntary by settlement agreement.

The amount of deductions is determined as follows, provided that the father (mother) has a permanent income:

1. A quarter of the total income if we are talking about one child;
2. A third of the total income if we are talking about two children;
3. Half of the total income if we are talking about three or more children.

If the deprived parent does not have a permanent source of income, the court has the right to independently establish the amount of payments, focusing on the size of the minimum wage in the region. At the same time, with an increase in the minimum wage, the amount of alimony will also be indexed.

On a note! A detailed list of types of income from which alimony can be withheld after deprivation of parental rights is contained in Decree of the Government of the Russian Federation of July 18, 1996 No. 841.

In other words, this is almost any income, remuneration, scholarship, bonus, etc. received by the parent.

Decree of the Government of the Russian Federation of July 18, 1996 No. 841 “On the List of types of wages and other income from which alimony for minor children is withheld”

Restoration of rights to a child and alimony

It should be noted that the procedure for depriving parental rights is reversible. Thus, the named parent can again be restored to his rights by performing the following actions:

1. A complete change in attitude towards the child;
2. Curing an illness or undergoing rehabilitation;
3. Voluntary financial assistance, in addition to the amount determined by a court decision or settlement agreement.

The restoration procedure is possible in court proceedings, and the place of consideration will be the same court that deprived the father (mother) of parental rights.

Important! If the court decides to restore parental rights, the issue of removing child support obligations is not automatically resolved.

However, if a decision is made to return the child to such a parent, it is permissible to file a petition to cancel the payments, since cohabitation implies child support.

1. Dear readers!
2. We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.
3. To quickly resolve your problem, we recommend contacting qualified lawyers on our website.

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Read also: Shortened working hours for pregnant women: with preservation of wages, according to the labor code

31 August 2018, 15:01 Oct 15, 2019 00:53 Benefits for everyone Link to current article

Source: http://lgoty-vsem.ru/posobie/lishenie-roditelskih-prav-i-alimenty.html

Alimony upon deprivation of parental rights

When parents are deprived of parental rights in relation to one or several children, the most important aspect is the issue of their subsequent financial support. Is a spouse deprived of parental rights required to pay alimony for the maintenance of his own offspring?

According to the set of articles of the Family Code, the obligation to provide material support is not removed from one or two parents, even if there is a decision on deprivation of rights that has entered into force.

The settlement of this issue can be carried out either peacefully, through the parties concluding a settlement agreement, or by applying to the court authorities to forcefully collect from the person deprived of parental rights financial resources to provide for the children.

General provisions

According to the law, a parent in respect of whom a court decision on deprivation of parental rights was previously made, upon the entry into force of the decision, loses kinship rights to his own children. This aspect means the following: a person does not have the right to participate in any way in raising children or live with them.

• The law clearly regulates situations that provide for the deprivation of parents' rights:
• - inadequate upbringing and financial support of children
• - malicious evasion of alimony payments for a long period of time
• - committing a crime against a child, as well as creating a situation in which children, their life and health, are in any danger.

However, deprivation of parental rights does not exempt from alimony , namely: an individual who has lost family rights to one or several children retains the obligation to provide them with material support. The size and timing of alimony payments are directly proportional to the age and number of children, and also depend in some way on the financial and physical situation of each party.

Legal basis

According to Article 70 of the Family Code, the issue of financial support for children in respect of whom one or both parents are deprived of kinship rights is decided by the court, regardless of whether there is a corresponding application. In short, the question of the following nature: “Do parents deprived of parental rights pay alimony” can be answered exclusively in the affirmative.

Also, according to Article 81 of the Family Code, alimony in case of deprivation of the father’s parental rights can also be collected for the maintenance of the mother of the child or children. This happens in cases where the mother does not have the opportunity to independently support herself due to some insurmountable circumstances, for example, the presence of a child under three years of age.

Arbitrage practice

According to generally accepted judicial statistics, in the vast majority of cases, deprivation of parental rights occurs immediately in relation to both parents. In such situations, the party representing the interests of minor children becomes a representative of the prosecutor's office or guardianship and guardianship authorities.

One of the parents can also make a similar statement if there is a need to deprive the other parent of their rights to support children. Any of these situations implies the automatic recovery of alimony payments from one or more defendants, that is, there is no need to consider this issue in additional court proceedings.

However, despite this nuance, the plaintiff party may file an additional application for the collection of alimony if there are any reasons that require a more detailed approach to the consideration of the case, for example:

• The defendant lacks a permanent place of work and, accordingly, lacks regular income.
• The defendant’s deliberate reluctance to indicate his own place of work and the total amount of income, which is possible with unofficial employment.
• The presence of circumstances that require large material costs, for example, maintaining a disabled child.
• Malicious evasion of the defendant from making payments intended to provide financial support for children.

Due to the fact that the court in any situation resolves all existing issues solely based on the interests of minor children, alimony after deprivation of parental rights is a mandatory condition that persons deprived of parental rights must comply with. Accordingly, if one of the parents evades paying child support, then it can be withheld from wages.

Settlement agreement

Parents deprived of the right to raise and support their own child are in some cases interested in the following question: “Is alimony paid when parental rights are deprived on a voluntary and not a forced basis?” A similar method of resolving the issue of child support is also possible.

A person deprived of parental rights must pay child support in any case. However, whether he will do this forcibly or on a voluntary basis depends solely on the decision of both parties. For example, when concluding a settlement agreement, the defendant has the right to make payments without a court decision.

A settlement agreement is a document with legal force, which is concluded by the parties in the process of considering a claim for the collection of alimony. If the defendant violates any points previously agreed upon by the parties, the plaintiff has the right to file a claim for termination of the settlement agreement due to the failure of the other party to fulfill its obligations.

Procedure for payment and amount of alimony

As mentioned above, to the question: “Does a parent deprived of parental rights pay child support?” you can get an exclusively affirmative answer, that is, “yes, I am obliged to pay.” This circumstance in no way depends on the reason that served as the primary argument in deciding the issue of deprivation of kinship rights.

Thus, child support must be paid even if parental rights have been deprived. However, the question arises: what are the amounts of these payments and can they vary? In general, the following factors may influence the outcome of the trial and the final decision:

• Age of the child or children. So, for example, a person caring for a child under the age of one and a half or three years also has the right to demand money for his own maintenance due to the inability to provide for himself financially on his own.
• Does the father deprived of parental rights, the mother, or both parents pay child support? If the court has deprived both persons of their legal right, the amount of alimony payments may be slightly reduced due to the fact that the child or children are admitted to a specialized institution and are on state support. Payments received from persons who are parents are transferred to a personal account and can be paid to the child upon reaching the age of majority.
• Do those deprived of parental rights pay child support based on official earnings, or on the accepted minimum subsistence level?
• Number of children in respect of whom parents were deprived of their rights. Thus, the maintenance of one child requires the withdrawal of one fourth of the defendant’s income, two - one third, three or more - half.

It should also be noted that a person deprived of parental rights, despite retaining the responsibility to support his own children, loses the right to file a lawsuit for financial support, where the defendants will be the children of this person.

In other words, if a father or mother, deprived of parental rights, but regularly paying child support, in old age wants the child to support them, then they will not have such a right.

This may seem somewhat unfair, but it is the law.

Source: http://ZnatZakon.ru/semeynoe-pravo/alimentyi-pri-lishenii-roditelskih-prav.html

How is child support paid when parental rights are terminated?

Fulfillment of one's responsibilities for raising children in an improper manner, cruel treatment of them, the danger of a child being near a parent, the commission of a crime against him - all this, as well as many other circumstances, can become the reason why a father or mother (or both at once) is capable of lose parental rights in relation to their offspring. The reason could even be a parent’s malicious evasion of paying alimony aimed at supporting his child (or children).

But the loss of rights by a parent to his child does not exempt him from fulfilling his obligations, including from paying alimony for his maintenance. The second part of Article 71 of the Family Code of the Russian Federation clearly states that a parent deprived of his rights is not exempt from the obligation to provide financial support to his child.

By law, a parent who has been deprived of rights is also required to pay child support. The issue of alimony is considered in the same court at the hearing as the case of deprivation of parental rights.

Therefore, no matter how you look at it, you will still have to pay child support if you are deprived of parental rights to your natural child.

But a parent who was once deprived of his rights to him will not be able to collect alimony for his financial support from an adult child. Also, he will not be able to be the recipient of all kinds of social payments for the child, including alimony from the second parent.

Voluntarily or through court

Deprivation of parental rights and non-payment of alimony are related to each other as follows: evasion of obligations relating to the financial support of a child may be grounds for depriving rights to a child, but deprivation of rights cannot become a reason for non-payment of alimony. A parent can have their rights restored by a court decision if there are grounds for it.

But this will not affect the obligation to pay alimony in any way.

A parent deprived of the right to raise his child will be able to voluntarily make child support payments by concluding a settlement agreement on child support with the other party. The procedure for their payment, conditions, terms and amounts can be discussed amicably in the text of the agreement.

There are no differences in its preparation from the document concluded between parents who are not deprived of their rights.

In other cases, issues of collecting alimony from a deprived parent are resolved in court. At the end of the court hearing, a court order or writ of execution is issued, in accordance with which alimony will be collected in the future.

The court will be able to assign alimony in the form of a fixed amount or in proportion to the payer’s earnings. This will depend on the wishes of the plaintiff, the employment and constant income of the defendant, and the financial situation of both parties.

Who is suing

When only one of the parents is deprived of parental rights to a child, then the second has every right to file a claim in court to demand alimony from him. This must be done no later than three years from the moment the child’s rights to alimony arise. (You will find a list of documents for filing for alimony in this article.)

There are often cases where the father and mother are deprived of the rights to a child (or children) at the same time. Or the parent was initially alone. Under such circumstances, the child is sent to be raised in an orphanage, boarding school, etc.

Read also: Benefits and benefits for a single mother in Moscow 2020-2021

Then alimony from the deprived parent is collected at the request of the guardianship and trusteeship authority, to whose support the child is sent. It is this body that will act in court as a plaintiff.

An employee of the prosecutor’s office will also protect the interests of the child.

Often, there is no need to file a separate claim for the collection of alimony in court, since when considering civil cases on deprivation of parental rights, the issue of alimony payments must be resolved automatically.

Calculation and payment of alimony

Alimony payments from parents deprived of their rights are established by the court in the same manner as regular alimony.

The judge will take into account the financial situation and need of both parents, the stability and amount of income of the payer, and the number of children for whom alimony will be collected.

If you don’t know how child support is calculated, we talk about it here - https://divorceinfo.ru/2416-kak-rasschityvayutsya-alimenty-na-rebenka-iz-dohodov-platelshhika)

There are special features when paying alimony for children who, after their parents lost their rights to them, ended up in special children's institutions - orphanages, boarding schools, orphanages, etc.

Such children receive full state support. Only this does not deprive their natural parents of the obligation to pay alimony for their maintenance.

But such a circumstance could serve as a reason for reducing the amount of alimony payments.

Funds received as alimony are credited to a personal bank account opened in the name of the child. He will be able to use them after leaving a special children's institution, or earlier if special circumstances arise.

Arbitrage practice

A claim for deprivation of parental rights is filed by one of the parents, trustees, guardians, prosecutor, guardianship authorities or other institutions acting to protect the rights of children. Other persons do not have the right to file such a claim, but they are able to petition the relevant authorities with a request to go to court.

The procedure for depriving parental rights is carried out in court, initiated by the guardianship and trusteeship authority or the prosecutor. Judicial practice is such that the issue of collecting alimony from parents who are deprived of their rights to children is resolved automatically.

Therefore, it is often not necessary to specifically file a claim for their recovery.

In this order of things, the question of whether parents deprived of parental rights pay child support is resolved by itself.

In practice, there are almost no cases where the court makes a decision to refuse to collect alimony from a parent deprived of parental rights. Since it acts exclusively in the interests of minors. If such decisions occur, then the reason for not collecting alimony is not the deprivation of parental rights, but completely different circumstances.

Source: https://divorceinfo.ru/2514-kak-platyatsya-alimenty-pri-lishenii-roditelskih-prav

Mother deprived of parental rights and does not pay child support

Article current as of: January 2020

If it is necessary to influence one or both parents, one of the most severe but effective methods is to deprive them of their rights to the child. How this affects alimony, whether you need to pay it, in what amount and how to do it, read this article.

On what basis can parental rights be deprived?

The court and guardianship authorities are extremely reluctant to deprive parental rights, since often even a defective or not the best family is much better than an orphanage or other similar applications. However, in some cases there is simply no other choice. Rights are deprived under the following conditions:

• Failure to fulfill parental responsibilities. It is assumed that one or two parents do not monitor their children at all and leave them alone for a long time.
• Use for personal gain. In such a situation, the parent or parents deliberately and deliberately use the child in order to make a profit. For example, they force you to beg.
• Violence. When a child is regularly and severely beaten. This should not be confused with regular spanking, which many parents use as punishment, although this is usually not recommended. This point also includes sexual violence, that is, pedophilia.
• Alcoholism or drug addiction. A parent may be deprived of his rights regarding his child if he regularly abuses alcohol or takes drugs.
• Evasion of paying alimony. This point can also be included in the section on failure to fulfill one’s duties, since supporting a child is precisely an obligation. However, in this case it is much easier to prove the fact of such actions. It is this factor that most often causes the deprivation of parental rights.
• Child abandonment. If parents do not pick up the baby from the maternity hospital or other institutions where he has been rightfully staying for some time, they will also be deprived of parental rights.

Does a father who has been deprived of parental rights pay child support?

Should parents, father or son, who are deprived of their rights to pay child support? Yes, without a doubt. Deprivation of rights does not imply deprivation of responsibilities. Thus, even if a parent is deprived of the opportunity to interact or influence the child in any way, he is still obliged to support him on a general basis.

Does deprivation of parental rights exempt from child support?

Obligations to support a child when parental rights are deprived do not imply that there will be any reverse interaction. A father deprived of his rights must support the child, but at the same time, such a child is not obliged to support his father in old age. Also, such parents automatically lose the right to receive any alimony, benefits and privileges associated with the birth of a child.

Who has the right to file for child support when parental rights are terminated?

If parental rights are deprived, persons who have retained or received these rights can apply for child support. If both parents are deprived, then this right is received by the guardianship authorities or other relatives who, instead of the child’s parents, have taken upon themselves the responsibility of maintaining him. If only one parent is deprived of rights, then the second can apply for child support.

Deadlines for filing and collecting alimony

You can apply for alimony if the rights of the mother or father are deprived at any time before the child reaches the age of 18 or reaches the age of majority in any other way.

However, the maximum period of the past period for which alimony can be recovered is only 3 years and only on the condition that the applicant can provide evidence that he has been trying to resolve the issue in another way all this time.

In addition, after reaching the age of majority, the child can independently apply for alimony for the last 3 years for 3 years from the moment of majority.

Please note that this rule does not apply to debts. That is, if the application has already been submitted and the debt grows, then after three years it will not disappear on its own, but will only accumulate due to the penalty.

Its size is 0.5% of the amount per day.

Amount of alimony

A person deprived of parental rights is obliged to pay money for the maintenance of his own child. However, the amount of payment, both minimum and maximum, is not established by law. It will depend on the financial status of the potential payer, as well as on the current costs of the child.

Percentage of income

Usually, if there is an appropriate court decision and the payer receives a fixed salary, then alimony is paid depending on the number of children. For one child, a quarter of the net income is supposed to be transferred, for two – a third, for three or more – 50%.

Fixed payment

If the payer does not have a clear salary or does not work at all, the court may decide to assign a fixed amount that will not be tied to the money received by the person deprived of parental rights.

Its size is usually 1/2 of the cost of living for a child in the region of residence, but this is not a mandatory rule.

If the second parent with whom the child lives can prove that he spends significantly more on his maintenance, then the amount will be increased accordingly.

Hybrid option

This system is rarely used and involves both a percentage of income and a fixed payment at the same time. It is used mainly when the parent has a relatively small salary, but there are additional sources of income, the profit from which is not possible to calculate.

Payment of child support after deprivation of parental rights

A parent who has been deprived of paternity or the mother of a child whose rights have been taken away are required to pay child support. In the vast majority of cases, this issue is considered simultaneously with the filing of an application for deprivation of rights. But if for some reason this does not happen, the problem can be resolved either voluntarily or forcibly.

Voluntary agreement

This is a rare option that practically never occurs, since a person deprived of parental rights is usually not going to make concessions and voluntarily pay for the maintenance of his child. Nevertheless, this is the option you need to start with. If only to provide the court with evidence that they tried to resolve the issue out of court.

Procedure

1. Negotiate with the parent deprived of rights to the child regarding voluntary payments.
2. If he agrees to transfer the money himself, draw up an agreement. It must take into account the requirements of both parties.
3. Sign the agreement and have it certified by a notary.

   This is a mandatory item, since without notarization such a document will not have legal force.

4. Wait until the agreement comes into force (if the corresponding clause is specified, otherwise the document comes into force from the moment of signing).
5. Follow the terms of the agreement.

Agreement

Agreements of this type are no different from ordinary ones. You don’t even have to indicate the fact that the payer has been deprived of parental rights.

Source: https://TvoiRazvod.ru/roditelskie-prava/mat-lishena-roditelskih-prav-i-ne-platit-alimenty.html

Child support upon deprivation of parental rights in 2019: father, mother, both parents

Deprivation of parental rights is a last resort and is used in cases of repeated abuse or failure to fulfill parental responsibilities. After the loss of parental rights, it is prohibited to see and communicate with a minor. But the obligations to provide for children do not disappear; if parental rights are deprived, alimony must be paid.

Procedure for deprivation of parental rights

Parents (or one of them) can be deprived of parental rights only in court.

In this case, the plaintiffs may be:

• mother or father of a minor;
• guardians;
• representatives of the Commission on Minors' Affairs;
• prosecutor's office;
• specialists from organizations where children can live and be raised.

The claim must be filed in the district court at the place of residence of the responding party.

Financial support for children after loss of parental rights

The issue of collecting alimony for minors is decided by the court during the procedure for depriving the rights of a parent. There is no need for separate proceedings. Money for children can be transferred in the following ways:

1. by mutual agreement of the parties;
2. based on a court decision with the corresponding resolution;
3. based on a court order.

If a parent who has lost parental rights transfers money for his maintenance on a voluntary basis, then all documentation confirming the transfer of money should be kept.

Such evidence may include:

• a receipt from the recipient of alimony payments with the date and amount;
• a copy of the request to withhold alimony from earnings sent to the employer from a citizen deprived of parental rights;
• other evidence certifying the fact of transfer (transfer) of money: checks, receipts, and so on.

If the basis for paying alimony is a document from the court (order or decision), then to begin payments it is transferred to the Bailiff Service.

The responsible specialist opens enforcement proceedings against the debtor, after which the necessary documentation is sent to the payer’s place of work.

Responsibilities for withholding and transferring alimony are assigned to the accounting service of the employer of the alimony payer.

Amount of alimony payments

If the father (mother) has a source of permanent income, then the amount of the penalty will be:

• one child – 25% of salary;
• two children – 33%;
• three or more – 50%;
• if there is arrears of alimony, then up to 70% of earnings can be withheld.

In the absence of a permanent place of work, a fixed amount will be charged for the maintenance of minors. Its value is determined by the court, based on the minimum wage in the subject of residence. If its value increases, the amount of child support will also be indexed.

Responsibilities of a parent deprived of rights

Does a parent who has been deprived of child support pay child support? The law obliges both parents, in the event of deprivation of parental rights, to provide financial support to minor children. This provision is determined by Article 71 of the family law.

If during court proceedings it is proven that parental responsibilities are not fulfilled properly, then the claim for deprivation of rights to children will be satisfied.

At the same time, the court will determine the procedure and amount of alimony transfer. The required amount will be withheld until one of the children turns 18.

In the future, if there are several children, the amount of child support payments is subject to recalculation.

The need for financial support disappears in the following cases:

• if the minor has created his own family;
• if the child has a permanent source of income that significantly exceeds the parent’s earnings (the child gets a job, acts as an individual entrepreneur, receives income from renting out real estate, etc.);
• after the death of a minor;
• if a parent who is not deprived of the rights to the child applies to the bailiffs with a request to stop collecting alimony;
• when adopting a baby.

Article 86 of family law defines situations in which the amount of alimony collected may increase. Additional support will be required if the child needs expensive treatment, care from a stranger due to disability, etc.

In addition, children who are left without parents retain their rights to real estate owned by the powerless parent. In this case, the child is deprived of the obligation to provide material support to the negligent father (mother) in old age.

Let's sum it up

Thus, even if parents have lost their rights in relation to children, this does not relieve the obligation to financially support minors. Legislators in this situation protect the interests of minors.

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Source: https://pravovoiexpert.ru/alimenty/alimenty-pri-lishenii-roditelskix-prav/

How is the parental rights of a father or mother deprived of parental rights for non-participation in the child’s life?

At the birth of any child, parents have both rights and responsibilities.

Parental rights end when the child becomes legally competent, either when he or she turns 18 or earlier if full capacity is legally obtained (usually upon the minor's marriage).

However, the parental rights of the father or mother can be deprived at any time if the parent evades fulfilling his duties, abuses his rights, etc. We will find out how the parental rights of a father or mother are deprived for non-participation in the child’s life and for other possible reasons.

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On what grounds can a father or mother be deprived of parental rights?

The Family Code of the Russian Federation provides several grounds for depriving a father or mother of parental rights. Only a court can deprive parents of their rights to a child. An application in this regard can be submitted by the second parent, a person acting in loco parentis, a prosecutor, guardianship authorities or educational institutions.

A prosecutor and a representative of the guardianship must participate in the court.

According to the Family Code of Russia, a father or mother may be deprived of parental rights in the following cases:

• the parent evades fulfilling his duties, including maliciously evading payment of alimony,
• parents, without good reason, refuse to take the child from the maternity hospital, hospital, educational institutions, etc.,
• the parent abuses his rights to the child,
• a parent abuses children, carries out physical or mental violence against them, violates sexual integrity,
• parent is a chronic alcoholic or drug addict,
• the parent committed a deliberate crime against the life or health of the children or the second parent.

Thus, there is no wording “non-participation in the life of a child” in the Family Code as such. However, in fact, it is quite possible to deprive the father or mother of children of parental rights on this basis, since it falls under evasion of parental responsibilities.

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What is considered evasion of parental responsibilities?

Avoidance of the duties of a parent in the form of non-participation in the life of a child is usually considered to be a situation where the father or mother is absent from the life of the former family for at least six months without good reason and does not pay child support.

The accusation of non-participation in the life of a child should not be unfounded. When submitting an application to the court, you will need any documents that confirm this. First of all, documentary evidence of non-payment of alimony, which can be obtained from bailiffs.

The testimony of independent witnesses will also help, confirming that the father or mother has not shown any signs of themselves in the last six months.

Moreover, if the parents are formally married, lawyers advise starting with deciding whether the marriage continues or is dissolved. It is also worth starting the debtor search procedure first. If the bailiffs find where the parent lives and force him to pay child support, it is possible that deprivation of parental rights will not be necessary.

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Does deprivation of parental rights mean deprivation of the right to child support from a parent?

No, if parental rights are deprived, the parent’s obligation to support the child remains. But he himself is deprived of the right to receive state benefits and benefits associated with having a child. Such a parent will not be able to apply for a tax deduction for the child, etc.

Moreover, in old age such a parent will not be able to claim that the child fulfills his responsibilities for his maintenance.

It is also worth understanding that a child, one or both of whose parents have been deprived of parental rights, retains all rights to own and use residential premises. Also, a child whose parents have been deprived of parental rights retains full rights to receive an inheritance from such parents.

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How to apply for deprivation of parental rights of a father or mother for non-participation in the life of a child

The application is sent to the district court at the defendant’s place of residence. Typically, such a statement indicates the following required minimum data:

• Name of the court to which the application is sent.
• Information about the plaintiff (who is filing the application), his place of residence. If the application is submitted by a representative of the plaintiff, the same information about him is additionally required.
• Details of the defendant (against whom the application is being filed) and his place of residence.
• Description of the situation - how exactly the rights and legitimate interests of the plaintiff were violated, what his demands are (to deprive the defendant of parental rights).
• The circumstances on the basis of which the demand was made, evidence of the existence of these circumstances.
• List of documents attached to the application.

As for additional documents, in this case these could be certificates from bailiffs stating that the defendant is maliciously evading payment of alimony.

It is necessary to attach certified copies of the marriage certificate, its divorce, and the birth certificate of the child.

Copies are considered certified if they are certified by a notary or if the originals are provided along with the copies - in this case, the court office itself certifies the copies.

The application will need to be submitted in several copies - according to the number of respondents and third parties.

If, in addition to non-participation in the child’s life, other serious claims can be brought against the father or mother, on the basis of which the person is deprived of parental rights, this is also worth doing. All circumstances must be listed in the same application and supported by documents and witness statements.

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Is there a procedure for restoring parental rights?

Exists. If the parent of a child, deprived of his rights to him, changes his behavior, lifestyle and attitude towards raising the child, he can apply to the court to restore himself in parental rights.

A meeting on this matter is also held with the participation of the prosecutor and a representative of the guardianship authorities.

It is worth keeping in mind that restoration of parental rights involves many nuances. One of them is this: the opinion of the child himself becomes decisive for the court if he is already 10 years old. If a child older than this age is strongly against the restoration of parental rights for the deprived father or mother, the court will refuse the plaintiff.

The original article is posted here: https://bankiclub.ru/zakony/kak-proishodit-lishenie-roditelskih-prav-ottsa-ili-materi-za-neuchastie-v-zhizni-rebenka/

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