In judicial practice, there are many different cases when the mother of the child does not want to accept child support from the father for some reason, but it also happens that the father himself does not want to pay child support. All these problems can be solved with the help of the court, therefore, we will consider in more detail how and when the waiver of alimony can be made, and what is required from a legal point of view.
Reasons for rejecting child support
There are many reasons why a father may refuse to pay child support, here are the main ones:
- The child changes his permanent place of residence and moves to live with his father. Full financial support is transferred to the shoulders of the parent, who previously had to pay child support.
- A parent who has previously paid child support is deprived of parental rights for some reason, and the child is adopted or adopted by another person, for example, the new spouse of the mother or the new spouse of the pope.
- The refusal to pay alimony is adopted by law if there are no family ties between the child’s father and the child himself, and during the examination it was established that the man is not his biological father.
- If a child who was previously recognized as incapable of work has reached the age of majority and has become able-bodied.
Each refusal to pay child support listed above must be confirmed by the court.
Where should I go when I refuse child support?
When the documents have already been considered by the court, then in order to conclude an agreement, one must resort to the help of a notary. When contacting a lawyer, you will need to provide your passport and birth certificate of the child.
Refusal of child support is valid only by court order. If alimony is not paid on the basis of the court, then you should apply to the bailiffs with the following package of documents:
- Application for payments that are not made specifying the reasons.
- Documents indicating the identity of the person submitting the application and birth certificate of a minor child.
- Execution sheet.
- If the waiver of alimony is made in favor of the child, then a receipt is given that all payments have been made.
How to refuse child support without the consent of one of the parties
There is a possibility of refusal to pay alimony without the official consent of one of the parents; you must go to court at the recipient's registration with a claim that the payment obligations are terminated. The following documents must be submitted to the court:
- Application and a package of personal documents, which includes a birth certificate of a child and a divorce certificate.
- Evidence that one of the parents does not need child support.
- Evidence that the defendant cannot pay child support because he lost his legal capacity.
- Evidence that the beneficiary has lost the right to receive it.
A typical example of refusal of alimony can be considered on the example of the case when the mother does not want to receive alimony from her father. Then both parents must come to the notary with documents confirming their identity and conclude an agreement at the mutual desire of the parties. In this case, the father must give permission to leave the child outside the state.
What should I do if I refuse child support?
Refusal of alimony is made quite quickly. The main problems will depend on the stage at which this refusal is made out. To fulfill all obligations, you will need to seek help from a notary or a bailiff. The initiator of the refusal may be any party.
Failure Procedure Before Appointment
Failure prior to appointment is considered a simple procedure. As soon as the marriage is dissolved, the mother or father may not apply for child support, and if the marriage is civil, it is still much easier. But it is important in this case to remember the interests of the child himself. If the marriage is official, then the question of collecting money for raising a child is decided by the court. For refusal, one party is obliged to provide facts that the child does not need the help of one of the parents. The refusal is made out with the help of a voluntary agreement certified by a notary. The lawyer will definitely ask what the refusal is justified, and in addition he can check whether the rights of the child are infringed.
After the court ruling
Judicial practice shows that many reasons can lead to child support failure, and often they arise after the parents divorce. Often refusal is required when the parents have not been married for a long time, and one side, according to the court decision, has paid alimony for a long time. In this case, one party draws up a request to terminate production execution. Copies of documents are attached to such a statement: passport, birth certificate of a minor, writ of execution, agreement of refusal of both parties, certified by a notary, receipt of a one-time payment, for example, one of the parents leaves the apartment or car to the heir. Also in practice there are cases when the applicant receives a sheet of fulfillment of obligations in her hands in court and leaves it without execution.
It would also be more correct to turn to the bailiff and leave a personal statement stating that it is not required to collect more alimony from the recipient. Based on the fact that there is an official declaration of refusal, the proceedings will not be opened. It should be noted that if the decision changes over time, then production can be opened again, and child support will be paid again.
Failure by agreement of the parties
When parents conclude a voluntary application for the payment of alimony, it can be terminated at any time by agreement of the parties, and an agreement to refuse alimony can be concluded. Going to a notary public for this, you should carefully consider the reason why such an agreement is concluded, because without good reason, the statement is unlikely to be accepted. In this case, you can provide a receipt in which it will be indicated that one of the parents made a one-time large payment, and this amount fully covers the constant monthly payments. A refusal by agreement of the parties may be annulled if one party considers that the interests of the child are affected in this case and provides evidence and weighty arguments for this.
Refusal of alimony, if one of the parents did not give an agreement
When one parent does not want to refuse to pay child support, this issue is decided in court, for this a statement of claim is submitted. The court will ask the plaintiff to provide good reasons for such a decision, for example, it should be proved that the child does not require the help of the father or mother, since he completely transfers to the care of the second parent. In this case, there must be witnesses who agree to testify for the trial, or if the child is already quite old, he can tell himself which parent lives. Additionally, a certificate of family composition may be required.
Also, if the payer refuses to pay alimony, he must provide a certificate stating that he is really not able to pay alimony, since he has lost his solvency. For example, this can happen due to illness or because of a difficult financial situation. There are times when the mother does not have the right to receive cash payments for the maintenance of the child, since she is deprived of parental rights, which means that all the responsibilities for the education fell on the shoulders of another person. Based on this, a relative or guardian who has assumed all obligations will receive child support .
Is it possible to resume child support payments after refusal
The child should not be infringed on anything, therefore he is protected by the state and has his right. Failure (alimony in court may be deprived of and by agreement of the parties) does not mean that payments cannot be renewed again. Until the child reaches the age of eighteen, the parent who is involved in his upbringing can go to court and demand that payments be resumed. To return the payments, it is enough to take one of the following methods:
- Conclude an agreement with the second parent, according to which one of the parents again agrees to pay child support.
- Solve the problem through the court and turn to him for a court order.
- Take the writ of execution.
Basically, all questions about the recovery of repeated funds for raising a child will be decided on an individual basis. When refusing child support, absolutely all the nuances are taken into account, because there are atypical cases in judicial practice that are decided privately with both parents.