Failure to pay child support: deprivation of parental rights, criminal liability

According to Art. 69 of the RF IC, the mother of a minor child can initiate deprivation of the father’s parental rights for failure to pay child support. To do this, it is important to know the grounds, collect evidence and use step-by-step instructions for deprivation through the court.

Can a father's parental rights be deprived for failure to pay child support?

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The possibility of depriving parental rights to a child is indicated in Art. 69 RF IC. The procedure is allowed in relation to a parent who maliciously evades payment of alimony established by a writ of execution (IL) or a court order.

Grounds for depriving a father of parental rights

“Malicious evasion” should be understood as non-payment of alimony for more than 4 months without good reason solely through the fault of the payer. The main signs of “maliciousness” are contained in the FSSP Letter No. 01-16 dated June 19, 2012; it is these that the bailiffs should be guided by when determining the degree of guilt of the alimony obligee.

This list includes:

• deliberate concealment of real income;
• lack of response to a warning about possible prosecution under 5.35.1 of the Code of Administrative Offenses of the Russian Federation;
• concealment of property that may be subject to foreclosure;
• change of place of employment or residence without notifying the bailiff;
• provision of knowingly false information about earnings and property.

These factors can be used either separately or in combination. The main condition for recognizing alimony obligee as a willful defaulter is a delay in payments for a period of more than 4 months.

Administrative measures are the mildest and are used as a warning. If the debtor did not react and continued to accumulate debts, the next stage may be liability under Art. 157 of the Criminal Code of the Russian Federation.

Important! To deprive a parent of his rights, there is no need to wait for criminal liability: the accumulation of debt over 4 months is enough.

A similar opinion is shared by the Plenum of the RF Armed Forces, which indicated in its Resolution No. 44 dated November 14, 2017 that the duration of the delay must be taken into account. The reasons for non-payment are also taken into account. If it is established that the person liable for alimony did not pay money due to illness or disability, he may be partially or completely released from the debt (Article 114 of the RF IC).

Consequences of deprivation of parental rights

The main consequence for the deprived is the lack of rights to the child. According to Art. 63 of the RF IC, rights mean the ability to educate, educate and treat a minor at his own discretion, but taking into account his opinion.

Having lost their rights, the parent will not be able to see the child or communicate by phone. The following consequences are also relevant:

• the inability to collect alimony when the child reaches the age of majority if the deprived one is recognized as incapacitated;
• all provided and formalized social benefits are cancelled;
• no permission will be required to perform legally significant actions or leave the country;
• can leave property to a minor and evict the deprived person if they live in the same premises under a social tenancy agreement;
• You cannot claim to inherit the child’s property in the event of his death.

For the child, the consequences are expressed in the inability to communicate with his father or mother. He retains the right to alimony and inheritance upon the death of the deprived parent.

The most advantages are noted for the second parent:

• the possibility of traveling with a child outside the Russian Federation or changing his full name without the written permission of the other parent;
• ban on meeting with the deprived;
• It is allowed to adopt a minor by a new spouse without the consent of the deprived person.

The main reason why mothers apply to deprive their former spouses of parental rights is the desire to receive child support without its subsequent collection by the payer himself when the son or daughter reaches adulthood.

Important! Even if the child is placed in a state institution, you will still have to pay child support.

Alimony debt after deprivation of parental rights

Deprivation does not affect the amount and procedure for calculating alimony. Therefore, they must be paid to those obligated for alimony in the previous regime until the child reaches the age of majority. An exception is adoption, but it is allowed only after 6 months have passed after the court decision has entered into legal force.

If the debt has already accumulated, it will have to be paid after deprivation. This is not a basis for exemption from debt payment.

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Procedure for deprivation of parental rights for non-payment of child support

The deprivation procedure can be carried out in one of two ways. The first is the simplest and requires a minimum of effort and time:

1. Information about debts is requested from the bailiff.
2. An application is submitted to the guardianship authority. The court has no right to consider claims for deprivation without its representatives and the prosecutor's office. The guardianship notifies the latter independently.
3. Characteristics are collected. You can request a questionnaire for the debtor from your place of work. It’s good if the employer characterizes the deprived person negatively: this will serve as a plus in favor of the plaintiff. An important reference will be from the child’s place of study, indicating that the deprived parent does not maintain contact with him. You will also need this document from the employer and for the plaintiff. It should indicate trustworthiness, a sufficient level of earnings and optimal socialization of the parent.
4. A statement of claim is sent to the court. Having considered it within 5 days, the judge sets a date for the first hearing.
5. The parties appear at the meeting, present arguments and evidence. Based on this, an objective decision is made that comes into force after 1 month. After this, an extract from it is sent by the court to the registry office. Issued by IL.

The second option of deprivation involves preliminary bringing the debtor to criminal liability. According to Art. 50 Federal Law No. 229, the claimant has the right to apply for this by submitting a written application to the bailiff. What it looks like:

1. An application to attract the debtor under Art. 157 of the Criminal Code of the Russian Federation.
2. The bailiff examines the application, determines whether there are grounds, and sends a notice to the alimony obligee demanding repayment of the debt and indicating the possible consequences in case of non-payment.
3. If the money is not received within the allotted time, the bailiff prepares the case materials for transfer to the investigator.
4. After a series of procedural actions, the investigator sends documents to the prosecutor's office.
5. The case is being considered in court. The result is a verdict and the adoption of measures under Art. 157 of the Criminal Code of the Russian Federation.

When the debtor fulfills the punishment prescribed by the sentence, the claimant moves on to the next step - deprivation of rights. In this case, it will be easier to achieve a positive decision, since the presence of a verdict already indicates a malicious character. If you take the first path, the court will have to independently determine the degree of guilt of the alimony obligee.

Jurisdiction

Consideration of claims for deprivation of rights is within the competence of district courts. Documents should be submitted to the judicial authority at the defendant’s place of residence. If it is unknown, by the location of his property.

Statement of claim

To file a claim, you will need the following information:

• name of the judicial authority;
• Full name, registration address, passport details of the plaintiff;
• Full name, date of birth of the defendant;
• Full name, information from the certificate and date of birth of the child for whom alimony was collected;
• IL number on the basis of which alimony was to be paid;
• date of making the last payment for the maintenance of a minor;
• description of the circumstances and signs of malicious evasion;
• total amount of debt;
• the period during which the debt accumulated;
• a list of the attached documentation;
• date of compilation and signature.

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

The application is submitted in two copies. One remains in court: a copy is made of it and sent to the defendant, the original is added to the case materials. The second one is marked with registration and is returned to the plaintiff.

List of documents attached to the claim

When going to court you will need:

• passport;
• child's birth certificate;
• receipt of payment of state duty;
• court order to assign payments or IL;
• resolution on debt settlement.

Collection of evidence

The following is used as evidence:

• certificates from the FSSP;
• bank account statements where the money should have been received;
• Characteristics and testimony are important.

The latter are needed to confirm the fact that the father does not participate in the child’s life.

Amount of state duty and terms of consideration of the case

According to paragraph 3 of Art. 333.19 of the Tax Code of the Russian Federation, before filing a claim for deprivation you will have to pay 300 rubles. State duty is not paid only when collecting alimony.

The maximum period for consideration is 2 months from the moment the plaintiff’s application is accepted until the decision is made. The period may be extended by the court upon submission of motions from the parties if there are good reasons, but this happens in extremely rare cases.

Arbitrage practice

In cases of deprivation of parental rights, judicial practice is ambiguous. After studying the documents and evidence, the court must make a reasoned decision, and it is not always in favor of the plaintiffs.

Source: https://SocPrav.ru/kak-lishit-roditelskih-prav-ottsa-za-neuplatu-alimentov

Responsibility for alimony debt

Debt for alimony is an unpleasant phenomenon for both recipients and payers. For non-payment of funds, the debtor faces severe sanctions: ranging from a fine and “cancellation” of a driver’s license to actual imprisonment.

Administrative liability for non-payment of alimony

The following measures of administrative liability are most common and raise the greatest number of questions from both debtors and alimony collectors:

The above responsibilities are discussed in more detail below.

If these methods do not work, the debtor faces more severe penalties:

1. Involvement in a fine ranging from 1000 to 2500 rubles. according to the rules of Art. 17.14 Code of Administrative Offenses (Code of Administrative Offences) of the Russian Federation. The bailiff can independently make a decision to hold the defaulter accountable for this measure.
2. Within the framework of Art. 27.2 of the Code of Administrative Offenses, the bailiff can independently deliver (forced transfer) the debtor to the department of the bailiff service (SSP) in order to draw up an administrative protocol.
3. Article 27.3 of the Code of Administrative Offenses of the Russian Federation allows the bailiff to carry out short-term administrative detention of an alimony defaulter to carry out the necessary administrative measures, for example, drawing up a protocol and so on.
4. Article 5.35.1 of the Code of Administrative Offenses allows the following sanctions to be imposed on non-payers of child support and disabled parents:
   • no more than 150 hours of compulsory work;
   • from 10 to 15 days of administrative arrest;
   • an administrative fine of 20 thousand rubles - for those categories of citizens who cannot be subject to compulsory labor or arrest: pregnant women and women with children under 14 years of age, disabled people of groups 1 and 2, military personnel, investigators.

The bailiff can arrest the alimony worker or involve him in compulsory labor only after a preliminary warning of liability , and also only after twice taking explanations from the defaulter about the formation of the debt, as well as the expected timing of its repayment.

It should be borne in mind that the defaulter faces liability if the debt arose through his fault . If the debt arose against his will (due to an accounting error, disability, and so on), then he has every right to challenge in court the decision to impose sanctions on him for non-payment of alimony.

Revocation of driver's license for child support debts

Deprive the alimony defaulter of the right to drive a vehicle according to the rules of Art. 67.1 of Federal Law No. 229-FZ of October 2, 2007 (hereinafter referred to as Federal Law No. 229) is possible only if the following conditions are met:

1. Enforcement proceedings must be initiated on the basis of a court order or writ of execution. If alimony is collected on the basis of a notarial agreement of the parties, then the defaulter’s driver’s license must be deprived through the court - that is, a lawsuit will have to be filed.
2. The amount of alimony debt is more than 10 thousand rubles. If the amount is less, the driver’s license cannot be blocked.
3. The bailiff personally familiarized the defaulter with the decision to restrict the right to drive a vehicle. Consequently, if the debtor is wanted, then his rights cannot be “cancelled”.

Read also: Child support: if there is 1 child in the family, two or three children

In addition, even if the above conditions are met, it is impossible to suspend the debtor’s driver’s license in the following cases:

• The defaulter uses a car (other vehicle) due to his disability or to transport a dependent with a disability.
• “Cancellation” of a driver’s license will deprive the debtor of his only source of income: the alimony worker works as a taxi driver, forwarder, driving school teacher, and so on.
• If the debtor and his family live in an area with limited transport accessibility (for example, a remote village), and a personal car is the only available vehicle.
• The debtor was granted an installment plan or deferment of payment of alimony debt.

A decision to restrict the operation of a special right is made by a bailiff. In this case, the alimony claimant has every right to take the initiative and file a corresponding petition.

Is it possible to travel abroad if there is arrears in child support?

As in the case of deprivation of a driver’s license, the bailiff can restrict the movement of the alimony worker even if the amount of debt is more than 10,000 rubles . The effectiveness of this measure lies in the fact that a debtor who is prohibited from traveling outside Russia will not be able to travel abroad either for the purpose of tourism or in connection with a business trip abroad.

The bailiff has the right to independently issue a resolution banning the debtor from leaving the Russian Federation only if alimony is collected on the basis of a judicial act . If the funds are paid by agreement, then either the claimant or the bailiff must apply to the court with the appropriate demand.

It is impossible to restrict the debtor’s travel abroad in the following cases:

1. The alimony payer is not to blame for the debt.
2. There is no correctly executed order of the bailiff restricting the debtor’s travel outside Russia.
3. The debtor had already paid off the alimony debt before the travel ban order was issued.
4. The payer was granted an installment plan (deferment) of alimony debt.

The debtor can check the amount of the debt, and, if its size exceeds 10 thousand rubles, check with the bailiff whether he issued a decree banning travel.

The bailiff can prohibit the debtor from traveling abroad either on his own initiative or at the request of the alimony collector.

Download a sample application

Seizure of the debtor's property

The next type of administrative punishment for arrears of alimony is the seizure of funds and property of the alimony-obliged person. According to Part 1.1 of Art. 80 Federal Law No. 229, the bailiff has the right to seize the property of the defaulter even if there is a fine of 3,000 rubles .

At its discretion, depending on the circumstances (specifics of the use of the property, its significance for the owner, and so on), the bailiff can:

• Prohibit the debtor from using the property.
• Restrict the right of a child support defaulter to use property.
• Confiscate property in order to either ensure its safety, or sell (sell at auction) the property in order to further repay the alimony debt.

Bailiffs have the right to seize the following types of property of a person liable for alimony:

1. The defaulter's funds held in accounts with banks or other credit institutions. In this case, seizure may also be imposed on loan funds.
2. The debtor's vehicle (usually a car), unless it is a means of work and is not intended for the movement of a disabled person (the debtor himself or a member of his family).
3. Luxury items, including household items and personal items: fur coats, jewelry, expensive dishes, paintings, and so on.
4. Non-essential household appliances: vacuum cleaner, washing machine, etc.
5. Residential premises, if it is not the only residence of the debtor and his family: a second apartment for rent, and so on.

Question

Debtors often ask: can they take away their only home for alimony debts? We answer.

Answer

In 2016, the Ministry of Justice developed a bill according to which it would be possible to take away even the only home from the debtor in order to pay off the alimony debt. This innovation would affect those debtors whose apartment or house size is significantly larger than necessary. At the same time, it was planned to give the alimony recipient and his family funds to purchase another, smaller home.

As of 2019, these changes have not been introduced into legislation. Consequently, the bailiffs do not have the right to confiscate the only home of the alimony debtor. The exception is housing purchased with a mortgage, which may be subject to debt collection - paragraph. 2 hours 1 tbsp. 446 of the Civil Procedure Code (Civil Procedure Code) of the Russian Federation.

Child support debt: deprivation of parental rights

Only a court can deprive a debtor of parental rights and only if the following circumstances exist:

1. Malicious failure to pay alimony, which is expressed in:
   • concealment of real income and property that can be foreclosed on;
   • change of place of residence or personal data without notifying the bailiff or recipient of payments;
   • ignoring administrative sanctions for non-payment of alimony;
   • a large amount of alimony debt, growing every month.
2. The parent who pays child support does not participate at all in the life of the child.

If a parent has not paid funds for a child for more than a year, then he has every chance of being punished in the form of deprivation of parental rights. If this happens, he will no longer be able to:

• represent the interests of the child;
• meet with children without the consent of the parent living with them;
• prevent the adoption of a child by another person: for example, the wife’s second husband;
• in the future, receive alimony from the child due to incapacity for work due to old age, and much more.

In this case, the parent will still be required to pay child support.

For what alimony debt can you go to jail?

Large alimony arrears may also result in criminal liability under Art. 157 of the Criminal Code (Criminal Code). It is difficult to name a specific amount at which they can be sent to prison, but since we are talking about long-term non-payment , the amount of debt must be significant.

The most severe punishment is imprisonment for up to one year. Also, criminal punishment can be expressed in the form of:

• correctional or forced labor (up to 1 year);
• arrest for up to 3 months.

It is impossible to immediately bring a defaulter to criminal liability: first, administrative and civil penalties must be applied to him. Thus, criminal punishment for non-payment of alimony is a last resort measure used in cases where other methods of influencing the debtor do not produce results.

Collection of penalties for late alimony payments

The recipient of alimony has the right to bring the debtor to civil liability and collect a late fee from him. The amount of the penalty is 0.1% of the total debt amount for each overdue day. Therefore, the greater the amount of debt, the greater the penalty.

The payer can be punished for late payments only if he is to blame for the formation of the debt . If the debt arose due to circumstances beyond his control, then it will not be possible to bring the debtor to this type of civil liability.

How to collect a large alimony debt

The formation of large amounts of debt, unfortunately, is not uncommon. Defaulters accumulate debts of one hundred or five hundred thousand, and sometimes the amount of debt reaches a million rubles.

Collection of alimony debts is the task of the bailiff. However, bailiffs conduct a large number of enforcement proceedings at the same time, as a result of which they are not always able to show the necessary initiative in a timely manner.

Since the recipient of alimony has the right to participate in the process of debt collection , he can apply to the SSP with various types of petitions: to hold the debtor accountable, to ban travel abroad, and so on.

If the bailiffs cannot influence the debtor, the recipient of the funds can file a lawsuit to collect the alimony debt and penalties:

If the bailiff is inactive , the recipient of alimony can complain about him to the senior bailiff, to the prosecutor's office, or even sue the bailiffs.

The collector should keep in mind that the child support debt is not written off after the child turns 18: he continues to be registered as the debtor. The amount can be recovered even if the payer dies: the obligation to pay the alimony debt passes to his heirs.

Child support debt: what should the payer do?

If a child support debt arises, the payer is recommended to take a number of measures as soon as possible, because failure to pay funds for the child threatens various kinds of unpleasant sanctions. The debtor may:

1. Personally visit the bailiff, find out the amount of the debt, explain the reasons for its occurrence and name the approximate repayment terms - in this case, the government employee will understand that the payer is not evading his responsibilities.
2. Challenge illegal decisions, for example, on the calculation of debt, if there is an error in it.
3. If there are good reasons, go to court and demand a reduction in the debt or even its cancellation.

If the debt was caused by the payer , then he should repay the debt as soon as possible.

Source: http://alimente-info.ru/vyplata/zadolzhennost-po-alimentam/otvetstvennost/

Deprivation of parental rights for non-payment of child support - father, judicial practice, consequences

Any mother or father must be responsible for the maintenance and upbringing of their child. If one of the parents does not want to fulfill these obligations, then the law provides for various measures of influence.

The most severe measure is the deprivation of such a parent’s legal rights to participate in the child’s life for failure to pay child support. In what situations is this possible, and what are the consequences of the procedure?

Legal basis

According to Article 69 of the Family Code of the Russian Federation, one of the compelling arguments for the loss of parental rights is represented by evasion of parental obligations.

This may mean malicious evasion of alimony payments. The concept of malicious evasion means non-payment of alimony over a long period. But at the same time, an important point is that the alimony provider has the ability to make payments.

According to paragraph 12 of the Resolution of the Supreme Court of the Russian Federation No. 10 of May 27, 1998 “On the application of legislation by courts in resolving disputes related to the upbringing of children”, it is stated that it is unacceptable to take away parental rights from a parent who does not fulfill parental responsibilities for reasons beyond his control.

That is, failure to pay alimony alone is not enough to cause deprivation. There must also be other aggravating circumstances.

In most cases, when considering cases of malicious evasion of alimony, the defendant in the case is obliged to pay the assigned amount of alimony with penalties and fines.

In some cases, they may limit the right to communicate with the child or issue a warning to the parent.

To deprive parental rights, a whole range of illegal actions is required. Another question is that failure to pay child support expresses the parent’s reluctance to care for their child. And in this situation, it is quite possible to find grounds for deprivation.

What should be the grounds?

The procedure for depriving parental rights is quite complex due to its ambiguity, and it can last quite a long time. This is primarily due to the need to collect evidence confirming the grounds for deprivation.

It should also be taken into account that the obligation to pay alimony arises only after the approval and entry into force of the relevant court decision.

Parents can lose their legal parental rights if several basic conditions are met:

• evasion of alimony payments. In this case, we are not talking about an isolated case, but about systematic non-payment over a long period of time;
• non-participation in the child's life. When a parent is not at all interested in the child’s life, does not see him and avoids any contact, this becomes a compelling argument when considering a claim for deprivation of rights;
• alcohol or drug abuse;
• constant humiliation of the child;
• moral and physical violence against a child.

Read also: What tax deduction is available to a single mother in 2020?

As for evasion of alimony payments, this cannot be recognized as a significant reason in all cases. For example, a parent may not be able to pay child support due to low income or lack of permanent employment.

Sometimes non-payment occurs due to the employer's failure to make payments on time. Therefore, only malicious evasion of alimony matters.

Among the criteria by which the defendant is recognized as a persistent non-payer of alimony, the following can be identified:

• lack of alimony payments for more than four months in a row;
• the defaulter ignoring calls to the bailiff;
• concealing the level of earnings and other income;
• falsification of information about the place of employment;
• evasion of work activities;
• change of place of residence in order to hide from bailiffs;
• direct refusal to pay alimony;
• committing other illegal actions related to child support;
• failure to pay alimony after a written warning from a bailiff.

If there are a combination of grounds, you can go to court to deprive parental rights. In this case, the following categories of persons have the legal right to file a claim in a civil court:

• either parent;
• foster parents, guardians, trustees;
• guardianship and guardianship authorities;
• orphanages and boarding schools;
• juvenile affairs inspectorate;
• prosecutor.

How to deprive

Before filing a claim to deprive a parent of his rights, it is necessary to collect the necessary evidence and documents. Moreover, this can be done in different ways.

One of the simplest, but most time-consuming methods is to apply to the court with a request to organize criminal prosecution of the alimony defaulter.

If the applied measures do not work, the court will decide to recognize the alimony worker as a malicious evader. In this case, to deprive parental rights, you will need to file a proper lawsuit in court, attaching the case materials and the decision of the first court.

In another case, you will need to independently collect evidence that the child support defaulter cannot be considered a parent.

If there is a fact of harm to a child’s health due to acts of a violent nature, you need to contact law enforcement agencies.

In this case, a criminal case will be initiated and the culprit will be held accountable. A copy of the court verdict can be used as evidence when considering a case of deprivation of parental rights.

It is also necessary to contact the bailiff service. Here you can get confirmation of non-payment of child support. The applying parent will be issued a corresponding certificate. It would not be superfluous to contact the guardianship authorities.

Service staff will examine the documents provided. After this, a representative of the guardianship authorities will visit the child and parents.

At the same time, a report on the state of living conditions is drawn up. Also, the guardianship authorities organize a conversation between the child and a psychologist to assess his moral state and issue an appropriate conclusion.

The final stage is drawing up and filing a claim with the court at the place of residence with a request to deprive the parent of his rights. According to Article 131 of the Code of Civil Procedure of the Russian Federation, parental rights can be deprived due to systematic non-payment of child support only by a court decision.

During the scheduled trial, all the evidence presented will be examined and the opinions of the guardianship authorities and the prosecutor will be heard. Only after this will the final verdict be made.

What documents are needed

The main document for starting legal proceedings in the case of deprivation of parental rights is the claim of the second parent.

You need to format it correctly:

• in the upper right corner the name of the addressee judicial body, information about the defendant and plaintiff are indicated;
• then in the middle the title and title of the document are written;
• the main text containing a request for deprivation of parental rights is placed under the title;
• At the end, a list of attached documents is listed, the date of filing the claim and the signature of the plaintiff are indicated.

• It would not be superfluous to indicate in the statement of claim information about how long the relationship between the plaintiff and the defendant lasted, since when they have been living separately, and for what reasons the defendant should be deprived of his legal rights as a parent.
• You can provide information about the child, especially if his maintenance and upbringing requires serious material costs due to certain circumstances.
• The following documents must be attached to the claim:

• child's birth certificate;
• certificate of marriage/divorce (if available);
• a certificate from the bailiff about non-payment of alimony;
• act on the state of living conditions received from the guardianship authorities;
• conclusion of a psychological examination;
• characteristics of the child and the plaintiff parent obtained from the educational institution and at the place of work or place of residence;
• registration extract from the house register;
• certificates of income of the plaintiff and defendant;
• court decision to withhold alimony.

1. In addition, other documentary evidence of the parent’s failure to fulfill his direct parental responsibilities can be attached to the statement of claim.
2. Witness testimony, photographs, videos, personal correspondence and other compelling arguments can be used as such.

Arbitrage practice

Failure to pay child support does not often become the basis for filing a claim for deprivation of parental rights. Most often, the plaintiff prefers forced collection of alimony payments.

Termination of parental rights generally becomes a higher priority when the defendant faces criminal liability at the same time.

In judicial practice, the rule of criminal prosecution for non-payment of alimony is used extremely rarely.

This is due to the fact that when paying even hundreds of rubles a month, the alimony worker cannot be recognized as a willful defaulter.

When considering claims for deprivation of parental rights, courts very carefully study all the circumstances of the case. First of all, it is important that there is a fact of intentional evasion of alimony payments.

So, if the plaintiff has lost his job, become disabled, or has other difficult life circumstances, the court is unlikely to decide to deprive the parent of his legal rights.

In general, judicial practice on this issue is far from ambiguous and entirely depends on what evidence the participants in the process can provide. For clarity, examples of such litigation should be considered.

Example one

A woman filed a lawsuit against her ex-husband with a request to deprive him of parental rights. She stated the grounds for systematic non-payment of alimony and concealment of income.

The evidence base consisted of certificates of alimony arrears and a bailiff’s ruling that the debtor, who was an individual entrepreneur, refused to provide information about his income and interfered with enforcement proceedings.

The defendant presented evidence of participation in the child's life. His regular meetings with the child, participation in his life, giving valuable gifts, and transferring money to the child’s grandmother to support the baby were confirmed.

The claim was denied, since non-payment of alimony cannot be a basis for deprivation of parental rights with the participation of the parent in the life of the child and financial assistance to him to the best of his ability.

Example two

The mother of two children filed a lawsuit against her ex-husband to deprive him of his parental rights. The filing of the application was motivated by the fact that the father never paid alimony, immediately after the divorce he disappeared and did not participate in raising the children, the bailiffs were unable to collect the required amounts due to the lack of property and concealment of the debtor himself.

The court granted the claim and deprived the defendant of parental rights, who, among other things, did not appear at the hearing.

Example three

The plaintiff filed an application to the court with a request to deprive her ex-husband of parental rights. The filing of the claim was based on the lack of child support for five years, concealment of place of residence and income, non-participation in the lives of children, regular drunkenness and causing physical harm while living together.

Evidence in the case included testimony from neighbors and relatives, certificates from the school where the children studied, and police reports about the husband’s unlawful behavior. By court decision, the man was deprived of parental rights.

Example four

The citizen filed a lawsuit with a request to deprive her common-law husband of parental rights, since he did not help her raise the child, either morally or financially.

The defendant objected that he was not the biological father of the child and was not listed as the father on the birth certificate. The court refused to satisfy the claim. In this case, the first step is to establish paternity.

Possible consequences

Deprivation of parental rights involves the elimination of the obligations of the parties, and in addition provides some opportunities for the parent left with the child.

This makes it possible:

• hassle-free relocation to a new place of residence;
• traveling abroad without the consent of the deprived parent;
• changing the child's surname;
• adoption of a child by the parent's spouse raising him;
• Meetings with the child for the deprived parent are possible only at the request of the second parent.

The child also has some benefits when an undeserving parent is deprived of his rights. According to family law, after reaching adulthood, a child is obliged to financially help his parents in need in old age.

That is, the child may be required to pay child support to the parent, even if the latter did not participate in any way in his upbringing. If parental rights are terminated, such obligations are canceled.

In this case, the child retains the right of ownership of the living space in which he was registered with the deprived parent and the right to use it.

All property rights of the child are preserved if they are based on the fact of relationship with the parents. Consequently, the child retains the right to inherit.

Deprivation of father's parental rights for non-payment of child support

A claim for deprivation of the father's parental rights is filed at the place of residence. If this is currently unknown, then you can submit an application at your last known place of residence.

Moreover, according to Article 333 of the Tax Code of the Russian Federation, the applicant in this case does not pay the state duty, since the issue of protecting the rights and legitimate interests of a minor child is being considered.

If parental rights are deprived, as well as with partial restriction, the father has the right to file a counterclaim. By drawing up a statement in the same form and using appropriate evidence, he can prove that he has fulfilled his responsibilities for the upbringing and maintenance of the child.

In this case, the court may impose a short probationary period. During this period, the parent's rights are somewhat limited, but participation in the child's life is possible. If the situation continues to improve, then the court does not have the right to deprive the father of his rights as a parent.

It is worth noting that deprivation of parental rights does not exempt the child from paying child support until adulthood.

Therefore, together with the rendering of a verdict on deprivation of rights, the court assigns the amount of alimony due for payment. By law, it is possible to return lost parental rights.

But to do this, you will have to prove a changed attitude towards the child, participate in his life, help financially and be sure to pay off all old arrears of child support.

When deciding to deprive a parent of his rights to a child, you need to think carefully about everything. There may be a situation in life when a child loses the parent who raised him.

If there are no relatives who want to raise him, the child may end up in an orphanage. In this case, the deprived parent will have to seek for a very long time the opportunity to pick up the child.

Termination of an agreement to pay alimony is discussed here.

You can find a sample objection to a court order for alimony in this article.

Source: http://finbox.ru/lishenie-roditelskih-prav-za-neuplatu-alimentov/

Non-payment of alimony

Failure to pay child support on time is a problem that has become very serious in 2020.

According to statistics, society has come to the conclusion that more than 30% of parents refuse to pay child support to their children, neglecting not only the legal rights of their children, but also the moral aspects of the situation.

Read also: Easy work for pregnant women: translation according to the labor code

Most defaulters hope that the parent who has taken upon himself to raise the child will cope alone, and will not be able to carry out serious actions that will cause unnecessary problems for the evader.

Evasion of payment of money due to a child is a real crime that must be punished, and the consequences according to the law can be the most unpleasant.

As a rule, this situation arises with parents who do not try to maintain a normal relationship with the child.

After all, harmony in relationships is inextricably linked with material content and the absence of disputes between parents.

But all this is poetry, but we will consider further how to actually force a parent who is trying in every possible way to avoid this responsibility to fulfill his duties towards a child.

Application to court

To increase the chances of receiving the alimony due for raising a child, you can file an application with the court against the evading parent under Article 80 of the Family Code. It must be compiled in compliance with certain rules.

In accordance with Article 142 of the Civil Code, the application must contain:

• the correct full name of the judicial authority, the district to which the application for arrears of alimony is submitted;
• passport details of the applicant, namely first name, last name, patronymic and registration address;
• passport and other known data of the person (parent) from whom child support must be collected, this is the name, surname, patronymic, actual place of residence, date of birth, place of work;
• statement of requirements (description of the situation, application of justifications, that is, the child’s birth certificate indicating the parents or a court decision to establish paternity, etc.);
• attachment of documents serving as the basis for the collection of funds;
• a list of applications, where the first item is always a receipt for payment of the state duty, which, in accordance with the Tax Code Article 333, is 50% of the rate in effect at the time of filing the application for ordinary claims.

A fully completed application is submitted to the judicial authority (magistrate court) at the applicant’s place of residence.

This can be done by the plaintiff himself or his legal representative, acting on the basis of a notarized power of attorney on behalf of the citizen who is collecting alimony.

The application is considered within 5 days (Article 126 of the Civil Procedure Code) from the date it is received by the court.

The case of collecting alimony from a parent is considered in a special manner. The parties are not summoned to court for the proceedings.

The judge considers the case and makes a decision in the form of an order, then sends it to the citizen who is in debt.

In this case, the debtor can present his claims under the order within 10 days; if this does not happen, then another copy of the order is sent to the bailiff service to enforce the penalty.

If the debtor exercises his right and sends a written disagreement with the order, it will be canceled, and the person collecting the claim will have to file a claim in the general manner also in the magistrate’s court (the procedure is described in Article 129 of the Civil Code). To file a claim, another application form is used.

Download a sample application for alimony collection:

Receiving arrears of alimony

If a willful defaulter has evaded his duties for a long time, then a debt is formed. But there are legal grounds and a starting point from which official calculations are made.

The court may assign the following amounts of debt to the defaulter as debt:

• When calculating alimony in a fixed amount (often used if the defendant’s salary is not official, the income is not constant, but from time to time or too much income) and their non-payment, the debt is calculated by simply multiplying the amount approved by the court by the number of months missed by the defaulter.
• When calculating alimony as a percentage of the debtor's salary, the calculation is based on the actual accrued salary. In cases where he does not work and does not have any additional income, according to the average monthly salary accepted in the country at the time of calculating the debt by calculating interest and multiplying by the number of months missed in payment of alimony payments.
• A fine or penalty can be assessed by the court at its discretion; it is usually prescribed for maliciously evading parents who ignore paying child support without good reason. This measure is intended to motivate the draft dodger to repay the debt as soon as possible, since the percentage by law is quite high and amounts to 0.5% of the total debt.

The penalty is accrued from the moment the court decision to pay the debt comes into force. The specified percentage is charged for each day of delay.

In legal relations, there is such a thing as malicious evasion of alimony payments. Such an offense entails quite serious consequences. The seriousness of non-payment is established through the court.

Malicious evasion is considered a systematic neglect of one’s obligations to support a child or children. Such violation is not justified by any valid reasons.

Malicious evasion is supported by the following signs noted in the behavior of the offender:

• real income is hidden;
• permanent change of residence, concealment of real place of residence;
• change of surname;
• lack of permanent work and desire to get one, including with the help of the state employment service;
• lack of financial support for the child for more than 4 months;
• lack of income from arrears of alimony even after a warning was issued by the bailiff service;
• wanted notice due to non-payment of alimony.

Responsibility for non-payment of alimony

Failure to pay child support may result in liability, usually for:

• Civil liability, expressed in the payment of a fine (penalty), if the direct fault of the debtor is established. The penalty, as mentioned earlier, is equal to 0.5% of the debt amount for each day of delay. A person who is required by law to receive a penalty can recover it with the help of the prosecutor's service by filing a lawsuit demanding that the defaulter pay off the entire debt and the amount of the penalty.
• Criminal liability arises in accordance with Article 157 of the Criminal Code of the Russian Federation. The basis for initiating a criminal case is the systematic evasion of payment of money by one of the parents for child support to the other parent. It is known that the child has not reached the age of majority. Under this article there cannot be punishment in the form of actual imprisonment. Punishment includes correctional labor for up to 12 months, forced labor for up to 180 hours, and possible arrest for up to 3 months.

Source: https://YurPortal.info/alimenty/neuplata-alimentov/

Deprivation of parental rights for non-payment of child support

Deprivation of parental rights for non-payment of child support is an issue that is often raised in those families where a parent, obligated to pay the costs of child support, evades fulfilling this obligation. Unfortunately, such situations are not uncommon - many parents (negligent fathers and mothers of the child) do not pay child support.

They don't do this for many reasons:

• someone feels sorry for their hard-earned money for their own child;
• someone does not have enough money to provide for themselves;
• someone just wants to see how their ex-spouse copes with raising a child or several children alone.

But in any case, such parents should remember that the consequence of their behavior may be deprivation of parental rights - when they legally cease to be parents to their child.

When depriving parental rights, the second parent has the right:

1. Travel abroad with a child without the permission of the other parent.
2. Without his consent, change the child’s first name, last name and even patronymic.
3. Prohibit him from meeting the child, as well as from taking part in the education and upbringing of the child.
4. Allow the other spouse (stepmother or stepfather) to adopt the child without obtaining consent from the biological parent.

In addition, the child in such a situation is freed from the obligation to support in old age the parent who evaded paying child support.

A negligent parent also loses the following legal rights in relation to the child:

• protect his interests;
• demand it from other persons;
• give consent to transactions by a child aged 14-18 years;
• petition to limit or deprive a son or daughter aged 14-18 years of the right to independently dispose of their income;
• give consent to the emancipation of a child under 18 years of age;
• receive pension benefits in connection with the death of a child (breadwinner);
• inherit from a child by law.

Thus, deprivation of rights for non-payment of alimony is a procedure that is quite difficult for both parties to the alimony legal relationship and entails serious consequences.

Conditions of deprivation

The conditions under which parents (or one of them) may cease to be such by law are as follows:

1. Malicious evasion of payment of alimony . This is a systematic and persistent deliberate failure to fulfill one’s obligations to support a child within the framework of alimony legal relations. The following features of the payer’s behavior can indicate “maliciousness” as the main symptom: concealing the place of residence, concealing the place of work, leaving in an unknown direction. That is, there must be a long-term and without good reason refusal to provide financial assistance in supporting the child and behavior that indicates an unwillingness to do this.
2. Complete lack of parental involvement in the child's life. This is a situation when dad or mom does not visit the child, do not walk with him, do not give him gifts - that is, there is no standard, normal relationship between parent and child.

Required documents

In order to achieve deprivation of the parental rights of the other parent for non-payment of alimony, the mother or father raising the child must collect a package of documents in order to later go to court (since it is the court that makes the decision to terminate parental rights in relation to the child, and nothing else). The following documents will be needed:

• child's birth certificate;
• marriage or divorce certificate;
• a certificate of the amount of alimony payments and the period of debt (this can be obtained from the bailiff);
• a certificate from the educational institution that the child attends, stating that its employees did not observe how the alimony payer deals with the child (bringing him to or picking him up at the institution, being present at meetings, etc.);
• testimony of several witnesses that the defaulter does not take part in the life of the son or daughter (such testimony is usually given by neighbors or relatives; they are certified by the signatures or seals of the HOA or Housing Office), etc.

Procedure for deprivation

If you decide that your child’s other parent no longer has the right to claim the status of mom or dad, you need to enlist the support of the court. To do this, you need to collect all the necessary documents and follow one of the paths described below:

• The first way (fast, but not always with a guaranteed result): go to court and write a corresponding statement of deprivation of rights. A court hearing will be scheduled in which the circumstances of the case will be examined, evidence will be examined and a decision will be made on the case. However, this path is suitable only for those plaintiffs who have a previously issued court decision on the collection of alimony.
• The second way (longer, but almost guaranteed to be successful): you need to apply to the court to prosecute the parent who evades paying child support. If an appropriate sentence is passed, this will be the main and indisputable evidence that the evasion was malicious, and therefore problems with the termination of parental rights should not arise. To initiate proceedings regarding the termination of rights, a new application will need to be filed.

Remember, however, that the other parent has the opportunity to regain his rights.

• Answer a few simple questions and get a selection of site materials for your case ↙

Source: http://alimenty-expert.ru/neuplata/otvetstvennost/lishenie-roditelskix-prav/