Deprivation of parental rights for non-payment of alimony: sample application, documents

Is it possible deprivation of parental rights for non-payment of alimony? If so, how can this be achieved? These questions interest many parents. Especially those who owe money. Often it turns out that the child after the divorce remains with the mother. Father is assigned child support payments, as well as a schedule of visits to the minor. But quite often, the parent-payer refuses to transfer funds to support the child without good reason and explanation. Is it then possible to deprive him of the right to care and educate a minor? What are the consequences of this?

Is there a right

To begin with, let’s look at whether evasion of child support is really a reason for depriving parents of their rights? Maybe for this reason it is impossible to bring the idea to life!

In fact, according to the law, at the moment in Russia the payment of alimony is a kind of substitute for the care and upbringing of a minor. After all, a child can live only with one of the parents after a divorce. The second is assigned monthly cash payments. In fact, this is an obligation that must be fulfilled. Otherwise, certain punishments await the citizen.

For example, deprivation of parental rights for non-payment of alimony. Judicial practice quite often encounters such cases. A parent who constantly cares for a minor may file a lawsuit against the debtor-defaulter. And if the judiciary deems proper, they will strip the rights of the parent.

Effects

In fact, this scenario is extremely rare. Deprivation of parental rights (for non-payment of alimony or for other reasons) entails a number of legally significant consequences. Which ones?

Among the most significant points, the following points can be distinguished:

1. The non-paying parent is no longer responsible for the upbringing and maintenance of the child. A citizen ceases to be the legal representative of a minor, the second spouse has the right to terminate and suppress meetings with the baby. There comes a complete legal relationship gap.
2. A person deprived of the rights of a parent is considered an unworthy applicant for the property of the child if the latter dies. But the minor at the same time has all kinds of inheritance from a negligent father or from a non-paying mother.
3. After the child reaches the age of majority, responsibility for maintaining a parent who has not paid child support is removed. Moreover, even through a court it will not be possible to recover money from an adult child.

These are the most common consequences, because of them the second parent usually tries to achieve legal justice. Also, there will be no need to ask permission from the alimony payer if the new passion wants to formalize paternity / motherhood over the minor. It is because of the high responsibility and serious legal significance of the parent that they are first limited in their rights. Subject to further accumulation of debt, their final deprivation can be achieved.

Good reasons

It should be noted that citizens may not pay alimony in full for good reason. Which one? In what situations does it make no sense to go to court to deny parental rights?

Among these situations, the following points can be distinguished:

1. Payment of alimony may be an optional payment. If during the divorce it was found that the second parent transfers part of his property to the child, then additional funds after this operation do not need to be transferred. Only on personal initiative. For example, a father after a divorce draws up an apartment for his daughter according to the agreement adopted during the divorce.
2. If a parent has entered a university after a divorce, then he has the right to reduce child support. But only for the duration of the training.
3. Also, deprivation of parental rights for non-payment of alimony does not take place if the payer suspects that his money transferred to the maintenance of the child is used for other purposes. But here you have to defend your position. It is recommended that the parent contact the guardianship authorities to conduct an inspection. During it, you can not pay money.
4. They cannot deprive of parental rights if the child for some reason will be living with the payer for some time. During this period, it is not necessary to transfer funds for the maintenance of a minor. Non-payment of such a reception will not be considered. Payments are resumed from the moment when the child begins to live again where he used to be.
5. The last nuance is the deprivation of parental rights for non-payment of alimony (article 69 of the IC of the Russian Federation) should not take place if the money is not transferred by an officially abandoned child and who has consented to the adoption of a minor by another person. After completing all documents, funds should not be paid by law. No one has the right to blame such a "deadbeat" for failure to fulfill their obligations.

All other circumstances cannot be considered valid. Is that the appearance of a new child at the payer. Then it will turn out to reduce the amount of alimony, but not remove it completely. Low earnings or even lack of work - these are also disrespectful reasons. And a person has the right to deprive the title of parent.

The concept of "malice"

As the practice shows, the term "malicious evasion" is applicable to child support. What do they mean by it? It is important to understand this, because only in this case we can talk about the deprivation of parenthood. Otherwise, there is only a restriction of the rights of a citizen in relation to a minor.

The following scenarios can be attributed to malicious evasion:

• a citizen changes his place of residence;
• a person hides his income;
• intentional is not employed;
• hiding from the authorities and society;
• delays payments for 4 months or more;
• has a significant debt;
• It does not fulfill its obligations even after the visit of the bailiffs.

It should be noted that the act will only be considered malicious evasion of payment of funds for the maintenance of the child after the conclusion of the court. Therefore, you will have to try. Here there is a malicious non-payment of alimony. Deprivation of the parental rights of a negligent parent has become possible. But how to bring the idea to life?

Go to court

Need to sue a citizen. To do this, you need to know exactly where to go. In Russia, disputes often arise in this regard. Not everyone understands which courts are required to apply.

In fact, everything is simple. The trial will involve district courts. It is in them that the deprivation of parental rights for non-payment of alimony occurs. A statement of claim with a specific list of documents is filed with the relevant authorities at the place of residence of the defendant. This is important to remember.

But what if it is not known where the citizen is? For example, if the paying father is hiding? Then you can contact the district court at the location of the defendant's property. No one has the right to refuse to accept the application.

Documentation

Next, an important point is the collection of a certain package of securities. A parent (usually a mother) or another plaintiff (for example, guardianship authorities) must provide, in addition to a statement of claim, a certain list of documents. Which ones?

Among the main and important papers, the following components are distinguished:

• identity card of the applicant (passport of the Russian Federation);
• certificate of divorce, as well as the birth of all minor common children;
• details of the account to which money is transferred from the payer;
• a copy of the court decision on "malicious" non-payment, as well as on the appointment of alimony;
• certificate of marriage (if any);
• certificates and bank statements confirming a long non-payment of alimony (optional if there is a court decision, but it is desirable to have them);
• testimony (all witnesses must be registered in a lawsuit indicating contacts for communication);
• other documents that may affect the course of the case (for example, audio recordings on which the payer says directly that he will not pay money).

Only after this there will be a deprivation of parental rights for non-payment of alimony. Documents listed above can be supplemented. For example, SMS messages from the second parent. Any evidence and materials capable of proving failure to fulfill parental obligations will do.

Court proceedings

How will the trial take place? It all depends on the situation - whether the non-payer is hiding from non-payment of alimony and the court hearing, or not. In the first case, everything is simple: on the appointed date, the plaintiff and witnesses come to court, all materials are studied, then one or another decision is made on their basis. But usually non-payers still come to the meeting.

In this case, the deprivation of parental rights for non-payment of alimony (a sample application will be presented) may not take place. After all, the defendant has the right to provide documents that will help defend his point of view.

How is the trial going? The decision will be made according to the following algorithm:

1. A lawsuit is filed with a judicial authority along with a list of documents. The selected authority sets the date for the meeting.
2. On the appointed day, guardianship authorities, the plaintiff, defendant, witnesses are invited.
3. The judge announces the essence of the claim.
4. The word is given first to the plaintiff, then to the defendant. At this point, the non-payer can provide materials that will affect the course of the case.
5. Witnesses are heard.
6. The judge studies all the information received and issues a decision in the form of a writ of execution.

In fact, everything is simple. Especially if the defendant is not ready to pay the debt. But if he agrees, then, most likely, the deprivation of parental rights for non-payment of alimony will not take place. The person will again be forced to fulfill obligations, and he may also be restricted in his rights as a parent.

Principles for writing a lawsuit

By what principles should a lawsuit be written? It is not so simple to carry out deprivation of parental rights for non-payment of alimony. A statement may look different. But there are basic rules that the plaintiff must follow.

Which one? It:

1. In the upper right corner of the sheet the name of the body to which the citizen applies is indicated. There you need to write information about the sender.
2. After the word “Statement” is displayed in the center, this inscription indicates the reason for filing the claim.
3. The plaintiff describes the whole situation in detail, indicating what evidence he attached.
4. At the end of the claim, a requirement is written of the type "Please deprive the parental rights ...".
5. In the lower right corner of the page is the date and signature of the plaintiff.

These are the basic rules to keep in mind. Also at the very end, it is advisable to list all the witnesses. Otherwise, they simply will not be invited to the meeting.

Sample

Now it’s clear how the deprivation of parental rights for non-payment of alimony goes. The statement of claim looks something like this:

I, Ivanova Marina Dmitrievna, (passport data with the date of birth), mother of Ivanov, Kirill Ivanovich, (date of birth of the child), by this lawsuit, I ask you to consider the possibility of depriving the parental rights of my ex-husband, father of the child, Ivanov Ivan Ivanovich (passport data or at least the date birth).

In October 2005, we divorced. By court order, my husband was assigned child support in the amount of 5,000 rubles per month. In December 2006, Ivanov Ivan Ivanovich announced that he would not pay for the maintenance of the child “out of principle” anymore. At the same time, he came to meetings with his son regularly. In July 2007, by a court decision, my ex-husband was supposed to pay the debt for the accumulated time, but he ignored the writ of execution. He doesn’t react to repeated requests for debt repayment. The evidence is attached to this claim. In October 2007, I received a decision to recognize my ex-husband as a malicious payer.

Based on the foregoing, I ask you to deprive Ivanov Ivan Ivanovich of parental rights.

(date, signature).

Conclusion

Now it’s clear how the deprivation of parental rights for non-payment of alimony occurs. In fact, this process is serious. Judicial practice most often does not try to immediately deprive the defaulter of the rights of the parent. Usually they give time to pay off the debt.

Nevertheless, non-payment of alimony is a good argument for the deprivation of parental rights. This is a direct default. And it is prosecuted by law. You can deny the rights of a parent to both father and mother. The main thing is that the debt should be long-standing and large.