Home / Alimony / Cancellation of child support. Exemption from payment of alimony for minor children
If a man asks the question “How to cancel child support?”, most likely he has a good reason for this. Because anyone can evade payments, but getting alimony canceled or exempted from paying it on a legal basis is a serious matter.
When can they be released from paying child support?
Reluctance to give money cannot be a reason for deprivation of obligations. Cancellation of forced collection is possible only in a number of cases provided for by law, among which are the following:
- the payer is not the biological father of the child, and there is evidence of this;
- there are no grounds for accrual of funds (the presence of another adoptive parent or information about the paternity of a third party);
- maintenance is no longer required (the child has found a job or has become able to work);
- the daughter or son has changed their place of residence and officially lives with the person obligated for alimony.
These points can be provided as a basis for an appropriate conclusion by the judiciary. In other cases, payments cannot be withdrawn until the child turns 18 years old. Challenging paternity, as well as adoption or its revocation, is necessary only in the courtroom in the presence of its representatives, as well as parents and children. After adoption, funds will have to be paid until the child has another guardian.
When considering cases, not only the words of the plaintiff are necessary, but also evidence, documentary evidence and testimony. It is the lack of confirmed information that often becomes the basis for refusal to satisfy claims.
Petition to the Government to cancel alimony
According to statistics, the majority of Russians obligated to pay alimony are men, many of whom do not like not only the fact that they must provide for their children even after a divorce, but also the sanctions for unauthorized refusal of these payments. In this regard, residents of the Men's Movement created a corresponding petition with a request to abolish alimony and the idea of their own replacement bill.
The initiative has drawn criticism because its provisions conflict with children's rights to receive money from their parents before they reach adulthood . There were also supporters of the proposal and they believe that the practice of alimony itself has an extremely bad effect on family life and the psychological state of Russians, since conflicts, quarrels and even cases of blackmail often flare up on this basis. They consider the government agencies responsible for charges to be unprofitable, and the methods of obtaining penalties as ineffective.
The practice of alimony has a negative impact on Russian families. The creators of the petition believe that mandatory child payments after spouses officially separate lead to misunderstandings, quarrels and even blackmail. Eliminating the procedure, on the contrary, will save money in the state treasury. However, they did not take into account the fact that in 2021 alone, bailiffs withheld more than 15 billion rubles from negligent payers for the state budget. In addition, according to the director of the Federal Bailiff Service, Dmitry Arestov, the number of actual proceedings for delayed alimony payments has decreased compared to 2021.
Also, the authors and fans of the petition insist that the measures applied to payers have a negative impact on their fate, interfering with further employment, travel abroad and life in general. Many are frightened by the prospect of being deprived of parental rights and criminal liability. In addition, they consider it not very objective that in most cases the court is inclined to side with the claimant, ignoring the complaints and problems of the debtor.
Another argument was that many refuse to formalize family relationships even after having children, because they are afraid and do not want to litigate with alimony. Whose side is right is something everyone should decide for themselves, but so far there has been no decision on the petition.
Filing a claim to cancel alimony
The statement of claim for the cancellation of alimony must display the following data:
- What is the name of a specific judicial body, its actual address;
- Personal data of the defendant and plaintiff;
- The number of the court decision that served as the basis for calculating child support;
- Brief explanation of the reason for contacting;
- The circumstance that became the basis for the cancellation of alimony obligations;
- Amount and term of payments;
- Plaintiff's claims;
- The total amount of payments for one year per child;
- A list of applications, including evidence, that serve as the basis for canceling alimony;
- Date and signature of the plaintiff.
Important
The claim is drawn up in any form, but failure to comply with the structure may lead to refusal to consider the case by the judicial authorities.
How to compose
The claim displays four important elements: introduction, nature of the problem, demands and a list of attached documents.
Introduction
This part indicates where the claim is being filed, who acts as the plaintiff and defendant, information about them, contact details and other general information. The price of the claim is also noted, which will be used to calculate the state duty.
This is also important to know:
From what point is child support calculated: the period and procedure for collecting funds
The essence of filing a claim
The applicant’s point of view on the problem is displayed here, as well as evidence of correctness and information that can influence the final verdict.
It is necessary to prove all significant and important statements, but there is no need to prove generally known facts if they are indicated in the general text of the claim.
Requirements
The third part specifies the applicant's demands on the defendant. In this situation, the requirement is the abolition of alimony, but in addition to this, the plaintiff can put forward other demands that he considers important.
If the plaintiff notes any additional requirements, then perhaps the state fee will also be slightly higher, because its price is calculated based on the cost of the claim itself, as well as the contents of the requirements.
List of documents
This part of the claim displays a list of attached documents. Remember that if a document is not shown in the list, but is present as such, it can be used during the court hearing. However, it is still recommended to indicate all existing papers at the time of filing the claim.
Sample statement of claim for cancellation of child support
In order for a claim to terminate the collection of alimony to be accepted for consideration, it is worth studying the existing template in advance. A sample claim for cancellation of alimony obligations can be downloaded from the link. Below is a sample application to terminate alimony payments.
Going to court
If alimony was assigned not by a voluntary agreement, but by decision of the judicial authorities, then to cancel it you will have to apply there. In most cases, the problem of forced collection of alimony funds is decided by the district court at the defendant’s place of residence. If the alimony payer evades his obligations, then the case is considered in the magistrate’s court. After receiving the final court decision, it is handed over to the bailiffs, who, guided by an official order or writ of execution, cancel the obligation to pay child support.
Government duty
The claim must be accompanied by a receipt confirming that the plaintiff has paid the state fee. The amount of the fee in cases involving changes or complete cancellation of alimony payments is established in Article 333.19 of the Tax Code. The application amount may be as follows:
- If the price of the completed application is up to 20 thousand rubles, then the payment of the state duty will be 4% of the total amount, but not less than 400 rubles.
- If the claim is up to 100 thousand rubles, but more than 20, then 3% and another 800 rubles are deducted.
- If within the range of 100 – 200 thousand rubles, then the state duty is 2% plus 3200 rubles.
When receiving a court order, the amount of the state fee is only half. The second is paid by the recipient.
The cost of the claim is the total amount of alimony payments for one year, which will be removed from the payer’s responsibility. The cost of the application is almost never set higher than 200 thousand rubles. Even if the amount goes beyond these limits, the state cannot collect more than 60,000 rubles in state duty from the applicant. If alimony payments are canceled at the request of the recipient, the state fee does not need to be paid.
Alimony for spouses
According to family production, it is possible to support not only for children. The legislation provides for the recovery of payments to support a husband or wife in a number of cases, for example, if:
- the applicant spouse cannot work and needs maintenance;
- the wife is pregnant or the child (children) is under 3 years old;
- the ex-husband or wife is caring for a child with a disability.
In the latter case, payments are made until the age of 18, and if the child has the first group of disabilities - for life. In such cases, alimony can also be cancelled. For example, if a spouse regained health and ability to work, a pregnant woman or mother of a child married someone else, and a child recognized as disabled was able to recover for a full life. After a child gains the ability to work, his father or mother has the opportunity to earn money independently and cannot apply for financial assistance.
Withdrawal of alimony: procedure
Cancellation of payments is possible in several cases, for example, if the family or financial situation of one of the spouses has changed. That is, if the ex-wife remarried and has an income, and her ex-husband is in a difficult financial situation or needs expensive treatment, he may be exempt from payments. They can also be canceled if an attempt on health or life was made against the father or mother by a capable child, as well as bodily harm was inflicted. The immoral image of an adult son or daughter obligated to support, associated with alcoholism or drug use, is also a reason for stopping funding.
By the way, the early acquisition of full legal capacity by a minor and the start of work can also be considered as a factor for deprivation of alimony.
Each case regarding child support must be considered separately, and the cancellation of payments must be at the initiative of the paying party. Only the court can make decisions in such cases, therefore, for a positive result of the process, the plaintiff needs to collect an extensive evidence base and arm himself with arguments. Many people already turn to lawyers for help at the stage of writing an application, since with the help of a professional it is much easier to understand the intricacies of all procedures.
The most common reason for termination of alimony is when a son or daughter reaches 18 years of age. In this case, there is no need to wait for a court decision, and unaccountable termination of payments is regulated in accordance with the second paragraph of Article 120 of the Family Code of the Russian Federation. The basis for this is the fact that the child has already become capable and can provide for himself without needing financial support. Payments can be canceled early even when the child reaches their sixteenth birthday. The basis for this may be marriage or starting a business with the permission of the parents.
Court decisions
When dividing property, the court left the wife an apartment purchased during marriage
Divorce proceedings: How to bring ex-spouses to a settlement agreement
Divorce: how to divide property so that everyone is happy
How to reduce alimony and divide property during a divorce
How to return an illegally sold apartment
Divorce and all the ensuing consequences: what difficulties may arise during the divorce process?
How to properly prepare a claim?
When drawing up an application, many people have difficulties even during the formulation. Collecting documents becomes no less difficult. Therefore, it is important to know as much information as possible to successfully resolve the case. The claim must be filed in accordance with the current rules of jurisdiction. According to the provisions of the Code of Civil Procedure, representatives of federal courts or magistrate judges can render verdicts in matters of alimony cancellation. Most often, petitions are transferred to the organization at the defendant’s place of residence. It is possible to consider the case at the place of registration of the plaintiff if he is raising children, has health problems, or is caring for a sick relative.
When writing your application, you must be logical, precise and consistent. The more competently this paper is drawn up, the greater the chances of a favorable outcome of the process. According to Article 131 of the Code of Civil Procedure of the Russian Federation, the following data should be indicated:
- exact address and name of the court;
- information about the parties to the case with name, surname, patronymic, contact details and addresses;
- if the plaintiff has a representative, then his data must also be provided;
- the cost of the claim, if it is subject to assessment;
- description of the rights violated and a list of demands;
- grounds supporting the applicant's claims.
In addition to an accurate and comprehensive description of all the nuances and requests, it must be pointed out that this requirement is not the result of an unwillingness to care for the child, but a consequence of circumstances that have arisen that have become the reason for refusing his financial support.
It is also better to state the reasons that prompted the filing of the statement, for example, the plaintiff being beaten by his own adult child. If the price of the claim is indicated, then it is necessary to provide calculations with the help of which the specified amount was identified. In general, the more information the applicant has, the easier it will be for judges when reviewing the case.
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