Increasingly, parents are thinking about how to avoid child support. This question arises for various reasons. For example, someone simply spares money on their minor children, and some suspect that the allocated funds are spent for other purposes. If we talk about child support for his wife or parents, then such payments often cause a lot of questions. Sometimes it happens that in fact elderly close relatives do not need, but out of “harm” they go to court and require legal financial assistance from adult children. It is possible that the judge will side with the old parents, which may cause indignation of the potential alimony. Therefore, you have to think about how to legally avoid child support obligations. Below we consider possible scenarios. We will focus on the financial support of minor children, because this is the most common contentious issue when divorcing.
About child support
How to avoid child support payments? First you need to find out in which cases you will have to allocate money to support close relatives.
According to the law, alimony is considered material assistance provided to a needy family member. Most often they can count on it:
- spouses (in particular, disabled);
- parents;
- children (minors without fail).
The main problem is that in certain situations it is necessary to prove and confirm the fact of need. Russian law does not have a clear definition of need. And therefore, occasionally situations arise (especially with child support for parents), when it becomes not entirely legal to become an alimony. For example, if the recipients of the funds do not really feel the need.
Important: getting rid of child support is extremely difficult.
Support Type Replacement
How to avoid child support? There are various scenarios. The main thing is to know how to use them.
For example, you can change the type of support provided. Let’s say, to provide a relative or child by buying food, medicine, things and paying for certain services. That is, support not by money, but by direct purchases.
This option is rare in real life. He most often works with respect to supporting the needy parents of a potential alimony. In the case of children, agreeing on such a solution is problematic.
Transfer of property
How can I avoid child support? Legal methods are not so few, but it is problematic to use them.
The next trick is changing the form of alimony. In such circumstances, payments are replaced with expensive property, transcribed to a potential recipient of money.
Usually donating an apartment or house. Upon delivery of the property, the proceeds will be considered as alimony. Often this amount exceeds the payments made by the court.
Important: this technique is relevant in the case of the signing of a peace agreement on alimony without the participation of the judiciary.
Official denial
How to avoid child support for a child or other needy relative? An official refusal of the recipient of funds from material support can give such a chance. This decision must be voluntary.
Refusals are made at the notary public. If the parties meet in court, the potential recipient of the money can report his decision on the spot. After that, a refusal is issued with an official form.
Important: as a rule, this situation occurs in relation to the distribution of child support to parents. A needy ancestor refuses to receive money from this or that of his child. In this case, alimony is not subject to recalculation. The amount assigned to the payment of a child is simply subtracted from them.
Adoption
How to avoid child support payments for children? Another technique is giving consent to the adoption of a child.
Suppose that the couple divorced, after which the children remained to live with their spouse. The woman has entered into a new marriage. Her current husband wants to adopt minors from his wife's past marriage.
In this case, the consent of the biological father is required. After the adoption procedure, child support obligations will be withdrawn from the blood parent. The burden of keeping juveniles will rest on the shoulders of the stepmother or stepfather.
Important: adoption does not eliminate maintenance debts. They still have to pay off.
Paternity in doubt
How to avoid child support? Under current laws, citizens are required to support their minor children, including adopted children. But there are times when a man does not suspect that the child is not from him. In fact, the role of the father is fulfilled, but this is done intuitively, without legal grounds.
In this situation, it is advisable to challenge paternity. The thing is that child support is awarded only after "establishing parenthood." If a person proves that the child is not really his and disagrees with the official adoption, the alimony obligations will be canceled.
Important: this scenario also does not exempt the payer from the accumulated debt. He still has to give it up.
Emancipation Design
How can I avoid child support? Everything is not as simple as it seems. Especially if minor children are involved in the case.
In Russia there is the concept of emancipation. This is becoming capable of early - from 16 years old. Usually it requires a legal basis. They can serve:
- full autonomy of the child from parents (the minor is able to provide for himself independently);
- doing business with minors;
- marriage
In these cases, the child actually becomes an adult and fully competent ahead of schedule. Alimony allocated by parents to support a minor is terminated by law.
Important: an adult child will have to be supported if he enrolled in a "budget" at a university. In this case, child support is paid even after adulthood.
Peaceful agreement
How to avoid child support? Some people are able to agree among themselves. For example, a complete release from maintenance obligations or to alleviate the corresponding burden.
In such circumstances, it is recommended that you contact a notary and sign a peace agreement / waiver of alimony. It is desirable that such a step be justified. For example, the payer has material difficulties, problems at work or new dependents.
Achieving such a consensus is extremely difficult, but possible. It is worth trying to peacefully agree on alimony, rather than hiding and shirking their obligations.
Reduce Payouts
But that is not all. Thinking about how to avoid child support, sometimes citizens decide that they do not want to refuse full financial support from a relative. I just want to allocate a smaller amount than the court appointed or indicated in the peace agreement.
By law, every alimony citizen has the right to:
- appeal a court decision;
- file a lawsuit to reduce child support.
In the second case, legal grounds are required to satisfy the request. They can serve:
- a strong deterioration in the financial situation of the payer due to circumstances beyond his control;
- the emergence of new dependents;
- birth of children;
- a sharp improvement in the material well-being of the potential recipient of the money (usually the rule applies to the wife and parents);
- studying at a university;
- disability;
- serious illness (including close relatives).
Usually it is enough to apply to the local judicial authority with a passport, a claim, previously issued by a decision and evidence of your position. Such a technique will not completely relieve child support, but it will ease the financial burden.
Does not need
How to avoid child support during a divorce? Almost all of the previously listed arrangements are applicable to divorce in the presence of minor children. But what if we are talking about child support for parents or other needy relatives?
As we have already said, alimony is allocated for the maintenance of a really needy loved one. To free yourself from the burden of financial support, you will need to collect evidence of the viability of the potential recipient of the funds and file a lawsuit with the court.
To meet the requirements, you may need:
- Witness's testimonies. They will not be superfluous. It is desirable that disinterested persons appear in the case.
- Documents on property rights to property in the name of the recipients of alimony. It is possible that real estate can be sold by earning income from it for a normal life.
- Photos, videos and correspondence. These materials often help refute real need. For example, when parents in court pretend to be poor, and in real life they often go to resorts or on holidays to expensive hotels / tours / cruises.
- Other materials that can refute the need of the recipient of money.
Often this is the technique that saves children from parenting. In most cases, it is enough to take a certificate of a pension received by citizens. If it is not lower than the living wage, most likely the court will side with the potential alimony.
Past and future
We found out how to avoid child support during a divorce. But what about the material support of the parents? Far from always, older people behave honestly towards their own children. And at such moments, the descendants have no choice but to search for legal ways to evade responsibility for their ancestors.
More and more often there are situations in which parents did not cope with their parental obligations during the minority of children. Should a child become an adult, the descendants go to court for child support.
Under the circumstances, the judiciary will protect children. If parents are deprived of parental rights or a citizen can prove that their ancestors did not cope with their obligations, you can not pay child support. Moreover, it is completely legal.
Important: deprivation of parental rights does not exempt from the maintenance of minor children.
Child's place of residence
How to avoid child support? For example, when registering a divorce?
The last legal means is to determine the place of residence of minors after divorce from a potential alimony. A parent with whom the children do not live is required to pay alimony.
Unfortunately, in Russia, judges most often leave minors with their mothers. It is almost impossible to “take” a child from an adequate woman without addictions. Therefore, it is not worth counting on such a solution.
We figured out how to avoid child support payments. Some people prefer not to work officially to solve the task. This is not a completely honest and legitimate trick. It leads to the accumulation of alimony debt. And this fact will have to be taken into account.