Does a father deprived of parental rights pay child support?

Obviously, in the case of deprivation of parental rights, the main aspect is one, but important issue regarding the subsequent financial support of minor children.

Therefore, when answering the question: “Do parents deprived of parental rights pay alimony?”, it is most reasonable to open the Family Code of Russia and read the text of the article № 71.

Due to the relevance of this issue, we suggest we talk in more detail about when the rights to a child are deprived in 2018? For example, if a father is deprived of parental rights, should he pay child support? We invite you to learn everything about the responsibilities of such parents and find out who and when can collect money for the maintenance of a child from the father and mother who have lost their parental title, and how does such collection occur? So, first things first.

When does deprivation occur?

The desire to protect, preserve, take care in every possible way and stay close to their offspring must be inherent in the father and mother on an instinctive level. But unfortunately, for some people, this instinct “breaks down” at the genetic level, and after giving birth to children, they do not feel any responsibility towards them at all.

We will not understand the reasons for the emergence of such a “human marriage”, which happens, as a rule, because the mother and father of a minor lead a marginal lifestyle: alcoholism, drug addiction, etc. Let’s talk not about the causes, but about the consequences neglect of parental responsibilities.

First of all, it should be understood that if the court exempts you from the opportunity to be called mom and dad, then it simultaneously deprives you of all parental privileges in the future.

Important! A father (mother) who was previously deprived of his rights will no longer be able, in the future, to collect money from his matured child for his maintenance in the event of incapacity for work.

Such a parent will no longer be able to receive social benefits for the minor and collect child support from the other parent.

And, for a minor, even after the deprivation of his father (mother) of parental rights, all opportunities provided by law must be fully preserved: the right to alimony and to inherit all family property.

We invite you to familiarize yourself with the reasons why the law immediately cancels the parental title:

1. If the behavior and lifestyle of the father (mother) may be dangerous to the physical life of the minor.
2. If the behavior and lifestyle of the former spouses negatively affects the psyche of the minor.
3. If the behavior and lifestyle of the father (mother) distort the minor’s moral concepts about the world around him and can set him a negative example to follow.

For example, excessive cruelty to a child, and the danger posed by the father and mother, is a good reason for depriving them of their rights. There are often cases when, along with extreme cruelty and obvious immorality, ex-spouses also ignore their responsibilities for the proper maintenance of a minor, and for a long time.

Responsibilities of a parent deprived of parental rights

So, do you need to pay child support after depriving your son (daughter) of rights? The law states that deprivation of parental rights, after the decree has entered into force, does not exempt from paying child support. Therefore, alimony must be paid in full.

Article No. 71 of the RF IC speaks eloquently about this . The process of collecting child support, as a rule, is carried out in parallel with the process of depriving the rights to the child. Collection of alimony occurs on the basis of a statement of claim to the court.

Keep in mind! In the event that the court sees that the plaintiff (guardian) presents irrefutable evidence of the defendant’s unlawful attitude towards a minor, the court makes the necessary decision to deprive the defendant of his paternal (maternal) title. Then the court will order the payment of alimony maintenance as a compulsory measure, and such a defendant will be obliged to pay child support until the son (daughter) comes of age.

Moreover, the current Article No. 86 of the RF IC states that it is possible to carry out additional penalties from the defendant who has been deprived of his rights.

Such a penalty may occur in a situation where a minor is unexpectedly ill or injured, with subsequent disability.

If all these negative circumstances arise, the costs of caring for the patient increase sharply, and the parent will be required to bear these costs.

Who and when can collect child support from a deprived parent?

In the event that one of the former spouses is deprived of rights to a minor, they remain in full with the second spouse. It is he who takes upon himself the responsibility for high-quality representation of children's interests.

For this reason, the second parent has the legal opportunity to demand through the court, at the time of consideration of the case on deprivation of the rights of the first parent, payment of alimony for the minor.

For this purpose, one of the former spouses with whom the minor remains must write a statement of claim to the court with a request to claim child support. It is most reasonable to do this in parallel with the application for deprivation of parental rights of the negligent spouse.

In the event that the father (mother) did not apply for child support at the time of deprivation of rights, then it is possible to do this, but within the framework of separate legal proceedings. It is more convenient and logical to request alimony immediately after the court revokes the rights to the children.

Article No. 107 of the RF IC states that the father (mother) has the right to demand alimony money at absolutely any time, after the right to collect it from the deprived alimony provider has arisen. But, the following should be taken into account: if a claim is filed with a long time delay, alimony will be awarded by the court only for three years preceding the appeal.

Important information! It should be understood that it makes sense to file a child support claim in court for the maintenance of a minor, even on the day of his or her coming of age, in order to at least receive children’s money for the three years preceding adulthood.

Do parents who have been deprived of parental rights pay child support when both of them are deprived of them? Unfortunately, there are often situations in which both mother and father find themselves deprived of parental rights; or the baby, from birth, is raised by one mother (father). In such situations, after the fact of deprivation, children are placed in boarding houses. Then the inspectors of the guardianship and trusteeship authorities act as initiators and file a claim for the recovery of child support from the former spouses.

Voluntary payment of alimony

A father or mother who, by a court decision, has lost their parental title, has the legal opportunity to restore it.

The restoration process takes place in the courtroom, and only if there are real grounds for this.

One of the compelling arguments in favor of such a father (mother) is a consciously made decision to pay child support: to do this, you need to draw up in writing an “Agreement on the voluntary payment of child support.”

Former spouses can agree among themselves on the implementation of voluntary payments, their amount and methods of calculation. If the agreement is successfully reached, then the mother and father must draw up a written agreement with mandatory notarization.

Note! In case of voluntary fulfillment of all their obligations in relation to the minor, the father or mother deprived of their rights have a real chance of regaining their rights to the minor. Especially if the positive changes that have taken place in their minds are approved and confirmed by the guardianship authorities.

Methods for calculating and paying alimony payments

Alimony payments accrued to fathers (mothers) deprived of the right to be called parents must be paid in exactly the same order as in relation to trustworthy mothers and fathers.

Article No. 81 of the RF IC states that in the absence of a voluntary agreement between former spouses on alimony payments, child support is assigned by the court. It is the court that makes a verdict on the amount of monthly maintenance, which is calculated as a share of the father’s (mother’s) income.

As a sample, here is a table of the order of the stipulated cash payments for children:

№/№	Number of children	Shared payment
1.	The only baby	A quarter of the income is paid
2.	Two minors	One third of the income is paid
3.	Three children or more	50% of income is paid

Note! Alimony maintenance, in accordance with the established calculation method, can be adjusted by the court either in the direction of its increase or decrease. This correction directly depends on the material and other capabilities of the person receiving this content.

In the case where the mother (father) does not have a stable and regular income, then the court determines the amount of alimony in accordance with the minimum wage of the region where the alimony holder lives. This is called a fixed payment amount .

Fixed payments are also assigned in the case of a voluntary agreement between the ex-husband and wife: the father (mother) independently determines the amount of money that will be paid for the minor. If the second spouse agrees with the amount of this amount, then this figure is entered into the contract.

The peculiarity of the payment of alimony by fathers and mothers who, by a court decision, have lost their parental title, lies in the situation of placing minors in an orphanage.

Since, in this case, the children are fully supported and supported by the state, and it cannot deprive children of alimony payments, they are regularly credited to a bank account specially opened for a minor.

The child will be able to use the alimony money accumulated in this way after he leaves the boarding school (in rare cases, as an exception, this money is allowed to be used earlier).

How is alimony collected?

The law establishes clear rules according to which money for child benefits must be collected.

Here are three main reasons, one of which is why such collection is carried out:

• Ground No. 1 – This is an agreement on the payment of alimony on a voluntary basis;
• ground No. 2 – This is a judicial verdict that was rendered by the magistrate;
• Ground No. 3 – This is a writ of execution drawn up on the basis of a court decision.

After the right court decision is made, the writ of execution is handed over to the bailiffs so that they initiate enforcement proceedings and, in the future, transfer it to the place of work of the alimony worker.

Maintenance for a minor must be carried out every month, starting from the moment the plaintiff filed his claim, demanding collection.

The calculation of the amount of alimony is calculated by a specific method indicated in the text of the writ of execution.

Summary

The procedure for depriving the right to be called parents is always unnatural, tragic and extremely painful. It contradicts the basic need of every child to have his own cozy home; loving mother and caring father.

In such a process, the fate of a small and defenseless person is decided, in fact, his future.

Therefore, the law firmly, strictly and fairly stands for the protection of the rights of a minor, forcing the father and mother, deprived of parental rights, to make alimony payments for the maintenance of children born to them.

If a father is deprived of parental rights, must he pay child support?

• Until the child has reached the age of full legal capacity, parents are required by law to support him, including financially.
• In some cases, the mother or father does not fulfill their duties and is legally deprived of the right to participate in the life of the child.
• Then the question arises: if parental rights are deprived, do I have to pay child support?

What is termination of parental rights?

Deprivation of maternal or paternal rights is a category of family law that deals with issues of loss of parental authority.

Citizens who:

• do not pay alimony (and maliciously evade payments);
• do not take a newborn from the maternity hospital or an already grown-up baby from other institutions where he was temporarily located, unless they have valid reasons for this;
• abuse their powers (for example, prohibiting them from going to school or forcing them to beg on the street);
• allow themselves to be treated harshly (beating, threatening, intimidating, etc.);
• are recognized as chronic alcoholics or drug addicts;
• intentionally caused harm to the health or life of someone in the family.

The status of a parent is deprived only by a court decision.

The need for this procedure must be declared by the father, mother or other legal representative.

The procedure can also be initiated by the prosecutor, organizations involved in the affairs of minors and guardianship authorities.

After deprivation of the status of a father or mother, a citizen loses all powers that he had due to the fact of having a child:

• he will not be able to demand that his son or daughter, who has become an adult, support himself in retirement or in case of incapacity for work;
• will not be able to receive benefits from the state;
• may be evicted from previously occupied living space in accordance with housing legislation.

IMPORTANT! The minor, in turn, retains all his property rights: both to maintenance and to inheritance.

• In court, such cases are considered with the participation of guardianship authorities and the prosecutor.
• It is during such a meeting that the issue of assigning alimony payments collected from a citizen deprived of parental authority is decided.
• You may be interested in the following articles:

If a father is deprived of parental rights, must he pay child support?

The IC directly states that the termination of family relations established by the court is not a reason for refusing to support a minor.

Moreover, it is stipulated that after deprivation of parental rights, child support is always paid.

IMPORTANT! The only circumstance that allows an entity deprived of the status of a parent not to make child support payments is the adoption of a child by another person.

In this case, another subject acquires the corresponding legal status, so he is already responsible for maintenance, and the “previous” parent is, as it were, released from this responsibility.

How is child support paid when parental rights are terminated?

1. Alimony payments are made on the basis of a settlement agreement between the mother and father or by a court decision, which is made simultaneously with the decision to deprive the status of a parent.
2. The court sets the amount of payments based on the financial situation of the parties, the amount of income of the payer, and the number of minors in need of maintenance.
3. The court is responsible for collecting alimony. He may oblige a citizen to make payments by issuing a decision or court order.
4. Child support is paid throughout the entire period until the child reaches adulthood. Moreover, the plaintiff can go to court for recovery at any time. The court may require payment of alimony for the 3 years preceding the application.

The procedure for deprivation of maternal or paternal rights means for a person the loss of the opportunity to participate in the life of his child and count on his support in the future.

In this case, the obligation to pay alimony for the maintenance of a minor remains in force.

Alimony upon deprivation of parental rights

When parents are deprived of parental rights in relation to one or several children, the most important aspect is the issue of their subsequent financial support. Is a spouse deprived of parental rights required to pay alimony for the maintenance of his own offspring?

According to the set of articles of the Family Code, the obligation to provide material support is not removed from one or two parents, even if there is a decision on deprivation of rights that has entered into force.

The settlement of this issue can be carried out either peacefully, through the parties concluding a settlement agreement, or by applying to the court authorities to forcefully collect from the person deprived of parental rights financial resources to provide for the children.

General provisions

According to the law, a parent in respect of whom a court decision on deprivation of parental rights was previously made, upon the entry into force of the decision, loses kinship rights to his own children. This aspect means the following: a person does not have the right to participate in any way in raising children or live with them.

The law clearly regulates situations that provide for the deprivation of parents' rights:

•  inadequate upbringing and financial support of children
•  malicious evasion of alimony payments over a long period of time
•  committing a crime against a child, as well as creating a situation in which children, their life and health, are in any danger.

However, deprivation of parental rights does not exempt from alimony , namely: an individual who has lost family rights to one or several children retains the obligation to provide them with material support. The size and timing of alimony payments are directly proportional to the age and number of children, and also depend in some way on the financial and physical situation of each party.

Legal basis

According to Article 70 of the Family Code, the issue of financial support for children in respect of whom one or both parents are deprived of kinship rights is decided by the court, regardless of whether there is a corresponding application. In short, the question of the following nature: “Do parents deprived of parental rights pay alimony” can be answered exclusively in the affirmative.

Also, according to Article 81 of the Family Code, alimony in case of deprivation of the father’s parental rights can also be collected for the maintenance of the mother of the child or children. This happens in cases where the mother does not have the opportunity to independently support herself due to some insurmountable circumstances, for example, the presence of a child under three years of age.

Arbitrage practice

According to generally accepted judicial statistics, in the vast majority of cases, deprivation of parental rights occurs immediately in relation to both parents. In such situations, the party representing the interests of minor children becomes a representative of the prosecutor's office or guardianship and guardianship authorities.

One of the parents can also make a similar statement if there is a need to deprive the other parent of their rights to support children. Any of these situations implies the automatic recovery of alimony payments from one or more defendants, that is, there is no need to consider this issue in additional court proceedings.

However, despite this nuance, the plaintiff party may file an additional application for the collection of alimony if there are any reasons that require a more detailed approach to the consideration of the case, for example:

• The defendant lacks a permanent place of work and, accordingly, lacks regular income.
• The defendant’s deliberate reluctance to indicate his own place of work and the total amount of income, which is possible with unofficial employment.
• The presence of circumstances that require large material costs, for example, maintaining a disabled child.
• Malicious evasion of the defendant from making payments intended to provide financial support for children.

Due to the fact that the court in any situation resolves all existing issues solely based on the interests of minor children, alimony after deprivation of parental rights is a mandatory condition that persons deprived of parental rights must comply with. Accordingly, if one of the parents evades paying child support, then it can be withheld from wages.

Settlement agreement

Parents deprived of the right to raise and support their own child are in some cases interested in the following question: “Is alimony paid when parental rights are deprived on a voluntary and not a forced basis?” A similar method of resolving the issue of child support is also possible.

A person deprived of parental rights must pay child support in any case. However, whether he will do this forcibly or on a voluntary basis depends solely on the decision of both parties. For example, when concluding a settlement agreement, the defendant has the right to make payments without a court decision.

A settlement agreement is a document with legal force, which is concluded by the parties in the process of considering a claim for the collection of alimony. If the defendant violates any points previously agreed upon by the parties, the plaintiff has the right to file a claim for termination of the settlement agreement due to the failure of the other party to fulfill its obligations.

Procedure for payment and amount of alimony

As mentioned above, to the question: “Does a parent deprived of parental rights pay child support?” you can get an exclusively affirmative answer, that is, “yes, I am obliged to pay.” This circumstance in no way depends on the reason that served as the primary argument in deciding the issue of deprivation of kinship rights.

Thus, child support must be paid even if parental rights have been deprived. However, the question arises: what are the amounts of these payments and can they vary? In general, the following factors may influence the outcome of the trial and the final decision:

• Age of the child or children. So, for example, a person caring for a child under the age of one and a half or three years also has the right to demand money for his own maintenance due to the inability to provide for himself financially on his own.
• Does the father deprived of parental rights, the mother, or both parents pay child support? If the court has deprived both persons of their legal right, the amount of alimony payments may be slightly reduced due to the fact that the child or children are admitted to a specialized institution and are on state support. Payments received from persons who are parents are transferred to a personal account and can be paid to the child upon reaching the age of majority.
• Do those deprived of parental rights pay child support based on official earnings, or on the accepted minimum subsistence level?
• Number of children in respect of whom parents were deprived of their rights. Thus, the maintenance of one child requires the withdrawal of one fourth of the defendant’s income, two - one third, three or more - half.

It should also be noted that a person deprived of parental rights, despite retaining the responsibility to support his own children, loses the right to file a lawsuit for financial support, where the defendants will be the children of this person.

In other words, if a father or mother, deprived of parental rights, but regularly paying child support, in old age wants the child to support them, then they will not have such a right.

This may seem somewhat unfair, but it is the law.

How is child support paid when parental rights are terminated?

Fulfillment of one's responsibilities for raising children in an improper manner, cruel treatment of them, the danger of a child being near a parent, the commission of a crime against him - all this, as well as many other circumstances, can become the reason why a father or mother (or both at once) is capable of lose parental rights in relation to their offspring. The reason could even be a parent’s malicious evasion of paying alimony aimed at supporting his child (or children).

But the loss of rights by a parent to his child does not exempt him from fulfilling his obligations, including from paying alimony for his maintenance. The second part of Article 71 of the Family Code of the Russian Federation clearly states that a parent deprived of his rights is not exempt from the obligation to provide financial support to his child.

By law, a parent who has been deprived of rights is also required to pay child support. The issue of alimony is considered in the same court at the hearing as the case of deprivation of parental rights.

But a parent who was once deprived of his rights to him will not be able to collect alimony for his financial support from an adult child. Also, he will not be able to be the recipient of all kinds of social payments for the child, including alimony from the second parent.

Voluntarily or through court

Deprivation of parental rights and non-payment of alimony are related to each other as follows: evasion of obligations relating to the financial support of a child may be grounds for depriving rights to a child, but deprivation of rights cannot become a reason for non-payment of alimony. A parent can have their rights restored by a court decision if there are grounds for it.

But this will not affect the obligation to pay alimony in any way.

A parent deprived of the right to raise his child will be able to voluntarily make child support payments by concluding a settlement agreement on child support with the other party. The procedure for their payment, conditions, terms and amounts can be discussed amicably in the text of the agreement.

There are no differences in its preparation from the document concluded between parents who are not deprived of their rights.

In other cases, issues of collecting alimony from a deprived parent are resolved in court. At the end of the court hearing, a court order or writ of execution is issued, in accordance with which alimony will be collected in the future.

The court will be able to assign alimony in the form of a fixed amount or in proportion to the payer’s earnings. This will depend on the wishes of the plaintiff, the employment and constant income of the defendant, and the financial situation of both parties.

Who is suing

When only one of the parents is deprived of parental rights to a child, then the second has every right to file a claim in court to demand alimony from him. This must be done no later than three years from the moment the child’s rights to alimony arise. (You will find a list of documents for filing for alimony in this article.)

There are often cases where the father and mother are deprived of the rights to a child (or children) at the same time. Or the parent was initially alone. Under such circumstances, the child is sent to be raised in an orphanage, boarding school, etc.

Then alimony from the deprived parent is collected at the request of the guardianship and trusteeship authority, to whose support the child is sent. It is this body that will act in court as a plaintiff.

An employee of the prosecutor’s office will also protect the interests of the child.

Often, there is no need to file a separate claim for the collection of alimony in court, since when considering civil cases on deprivation of parental rights, the issue of alimony payments must be resolved automatically.

Calculation and payment of alimony

Alimony payments from parents deprived of their rights are established by the court in the same manner as regular alimony.

The judge will take into account the financial situation and need of both parents, the stability and amount of income of the payer, and the number of children for whom alimony will be collected.

There are special features when paying alimony for children who, after their parents lost their rights to them, ended up in special children's institutions - orphanages, boarding schools, orphanages, etc.

Such children receive full state support. Only this does not deprive their natural parents of the obligation to pay alimony for their maintenance.

But such a circumstance could serve as a reason for reducing the amount of alimony payments.

Funds received as alimony are credited to a personal bank account opened in the name of the child. He will be able to use them after leaving a special children's institution, or earlier if special circumstances arise.

Arbitrage practice

A claim for deprivation of parental rights is filed by one of the parents, trustees, guardians, prosecutor, guardianship authorities or other institutions acting to protect the rights of children. Other persons do not have the right to file such a claim, but they are able to petition the relevant authorities with a request to go to court.

The procedure for depriving parental rights is carried out in court, initiated by the guardianship and trusteeship authority or the prosecutor. Judicial practice is such that the issue of collecting alimony from parents who are deprived of their rights to children is resolved automatically.

Therefore, it is often not necessary to specifically file a claim for their recovery.

In this order of things, the question of whether parents deprived of parental rights pay child support is resolved by itself.

In practice, there are almost no cases where the court makes a decision to refuse to collect alimony from a parent deprived of parental rights. Since it acts exclusively in the interests of minors. If such decisions occur, then the reason for not collecting alimony is not the deprivation of parental rights, but completely different circumstances.

Does a father deprived of parental rights pay child support?

Many women are concerned about whether a father who has been deprived of parental rights pays child support, since some of them are afraid to take such an important and necessary step for fear of no longer receiving child support payments.

And for many mothers, paying child support is a significant increase in monthly income, which allows the child to eat better, dress more comfortably and receive more qualified services from various specialists.

The basis for deprivation of parental rights may be evasion of alimony obligations, therefore, when resolving the issue in court, mothers are afraid that after the court’s decision, they will not be able to return the due money, as well as receive the due alimony.

The loss of parental rights does not automatically entail the deprivation of children's rights to their parents' property.

When does child support stop?

If there is an agreement signed by the parties and registered with a notary, in which the condition for the termination of child support obligations due to the deprivation of the father of parental rights will be recorded, by law such an agreement is recognized as valid unless the court finds a violation of the rights of the minor.

Based on this, the fact of termination of alimony obligations in any case remains the child’s reaching the age of majority or legal capacity (which in some cases are different points in life). The second case is the mother’s appeal to the bailiffs with a personal statement to terminate enforcement proceedings.

There are cases when alimony obligations are terminated by agreement of the parties, when a father, deprived of parental rights, not wanting to continue paying alimony, transfers ownership of certain real estate to the child, as a result paying off debt obligations to the child. If such an agreement exists, or it is adopted during a court hearing, it is considered that this document takes the form of a writ of execution, terminating the validity of the previous one by replacing and absorbing it.

The law provides for one tricky maneuver called “adoption.”

If a child, whose father has been deprived of parental rights, is adopted by another man, then the responsibility for maintaining the child passes from the natural father to the adoptive parent.

In this case, payments stop, but according to the law, it is possible to adopt a child only after six months, when the decision to deprive parental rights has entered into legal force.

Are children's rights changing?

The fact of payment of alimony by a father who, by a court decision, has been deprived of parental rights, does not give him the right in the future to demand money from the child for his maintenance.

The fact of deprivation of parental rights will not affect the rights of the child in any way, since according to the rules of housing and inheritance law, the child does not lose rights in relation to the father.

As a result, deprivation of parental rights not only does not lead to the termination of alimony payments, but does not even provide grounds for canceling the child’s registration at the father’s place of residence.

Is a father deprived of parental rights required to pay child support?

Many women are interested in the question, does a father who has been deprived of parental rights pay child support? The emergence of this issue is associated with a number of circumstances.

In recent years, a situation has often arisen where fathers behave inappropriately, abuse alcohol and drugs, and injure their children by using violence against them. To protect the child from this, mothers resort to various measures, and the most common is depriving the father of parental rights.

Not all women can decide to take such a step, for fear of being left without financial support from their ex-spouse - alimony. On the other hand, it is the failure to pay maintenance that may become the main reason for depriving the father of his rights.

Today, the courts are considering this issue comprehensively, and if a woman considers it right to protect her child from communication with the second parent and deprive him of his rights, this does not mean at all that she will no longer receive child support.

Currently, mothers can apply for the existing arrears of alimony, as well as for further receipt of funds for the maintenance of the baby. Here everything depends on the circumstances that have developed in the family and the nuances identified during the trial.

How is parental rights terminated?

To come to a conclusion whether it is necessary to pay child support to a father deprived of parental rights, you should first understand for what reason and in what order this procedure takes place. In fact, the process of depriving a citizen of his powers in relation to a minor is quite simple and standard.

This is an ordinary legal process that can be initiated not only by the mother of a minor, but also by other officials, as well as guardianship and trusteeship authorities, the prosecutor's office, representatives of a medical institution or a child care institution that the child or teenager attends.

During the consideration of a claim to deprive a citizen of parental authority, other issues related to the financial support of a minor citizen are raised.

According to the current legislation, namely the provisions of Article 71 of the Family Code of the Russian Federation, a parent deprived of his rights is not exempt from paying alimony for his son or daughter, as well as from fulfilling other obligations determined by law.

Moreover, a parent cannot go to court even to reduce child support payments on the basis of deprivation of parental rights.

When child support payments stop when the father is deprived of parental rights

If a father has been deprived of parental rights, this does not mean that he does not have to pay child support; moreover, he retains all his responsibilities, regardless of the reasons and grounds that were used to make the decision to completely restrict a citizen’s rights.

Termination of alimony payments is possible only in those cases provided for by the Family Code. First of all, this condition is that the child reaches the age of majority.

After this moment, the father stops paying funds for his maintenance, however, if the parent had a debt for previous periods, then he is obliged to repay it in full.

Also, a condition for stopping payments for the maintenance of a minor citizen may be the conclusion of a special agreement between the minor’s parents, according to which the child will be given property of special value, or a large sum of funds that replaces the regular payment of alimony.

The law defines another option in which alimony ceases to be collected from the parent - when the minor has been adopted.

In this case, the responsibility for maintaining the child is transferred to the new father, but the law stipulates that the procedure can only begin after six months from the moment the citizen is deprived of parental rights.

Other rights of the child and parent

Deprivation of the father's rights in relation to the child implies the loss of all privileges that he can enjoy in the presence of family relations. If the court makes such a decision, the parent can no longer express his opinion regarding the choice of place of education or treatment for the child.

And one more important question that many mothers want an answer to: if a father, deprived of parental rights, paid child support, this does not mean that in old age he can count on receiving financial assistance from the child. In addition, in the event of the death of a minor, the parent deprived of parental rights will also not act as an inheritor.

As for the rights of the child, all his material claims are valid, including maintenance payments. In addition to the rights to alimony, the child can live in the father’s home, and also have the right to inherit after his death.

Conclusion

As a result, we can conclude that a father who has been deprived of his rights to a child in court is not exempt from paying regular financial support in the form of alimony, but continues to pay it until the child reaches adulthood.

Does a parent deprived of parental rights pay child support: should the father after

According to the Family Code of the Russian Federation, a parent is responsible for the upbringing and development of the child, physical and mental condition, and for protecting the interests of his own blood. The parent is obliged to fulfill his duty until he reaches full legal capacity - 18 years. Failure to fulfill due obligations:

• cruel treatment;
• evasion of payment of funds for the maintenance of a minor;
• committing a crime against a son or daughter leads to the deprivation of rights of both mother and father.

General provisions

To resolve controversial issues regarding the maintenance of a child until the age of majority, the parent is exempt from rights, the IC of the Russian Federation, Part 2 of Art. 71, regulates the fact that a father or mother who has lost parental rights is obliged to provide financial support to their child.

The plaintiff’s statement of claim is considered in court if the parties ignored the voluntary drawing up of an agreement on the payment of alimony, relying on Chapter 16 of the RF IC.

When choosing the route of assigning maintenance benefits through the court, payment is collected in the amount of one third of the income for one and two children, half of the amount from the income of the alimony is withdrawn if there are three or more children in the family. The purpose of payments may vary, taking into account the financial and marital status of the two parties (plaintiff and defendant).

It is the responsibility of each parent to provide the child with the necessary

But a reasonable question may arise: if the father is deprived of parental rights, will he pay child support?

If the parent who undertakes to pay child support does not have a regular income, the recovery of benefits is paid monthly in accordance with Article 81 of the RF IC.

Additional Information! Judicial practice establishes facts of loss of duties on the part of the mother and father simultaneously.

In this case, the children are placed in the care of specialized children's institutions: orphanages, boarding schools and orphanages. Children assigned to the listed guardianship authorities are fully supported by the state.

Do parents deprived of parental rights pay child support, of course. This right is fixed by Art. 71 part 2. By depriving the court of rights, it forces men and women not only to pay the assigned fees, but also to face a number of legal consequences:

• the accused party is deprived of personal obligations to educate and develop the minor;
• the parent is legally annulled as the legal representative of the child;
• he says goodbye to benefits, state assistance and is deprived of the right to receive property rights in the future due to his inability to work, for example: receiving a pension and inheritance;
• exclusion of the fact of relationship with the baby.

Restriction of parental rights

Note! If a parent, by a court decision, loses his responsibilities to his son or daughter, then the child does not. He automatically retains all his inherent rights associated with the fact of kinship, for example: he is assigned the opportunity to collect alimony and register an inheritance in the event of the death of a parent.

The Investigative Committee of Russia has prescribed a number of compelling reasons that prompt the process of annulment of parental rights:

• deliberate evasion of the due obligations of parents;
• voluntary refusal;
• child abuse (physical or violent injury, psycho-emotional disorders);
• parents suffering from alcoholism or drug addiction;
• mother, father or guardian who has committed a deliberate crime causing harm to the health of children or the second spouse.

Grounds for loss of rights to a child

Should a father pay child support when parental rights are terminated?

The father, having undergone a court hearing regarding removal from duties, does not have the right to represent the interests of his own child in social protection authorities and various services. He has no right to see him, communicate with him, or lay claim to property. If a father loses parental rights, will he have to pay child support?

Regulation Art. 71 part 2 of the Russian IC states that parents, by removing themselves from parental obligations, are not released from the fact of maintaining a child. This means that if the baby’s father paid maintenance benefits, then the current obligation for the child does not depend on the final court verdict in the case of deprivation of rights.

When considering a case on the removal of child support by one of the parents, the case on the assignment of alimony is simultaneously considered in accordance with Article 70, paragraph 3 of the Family Code of the Russian Federation. This means that the court decides to collect benefits for the maintenance of a minor in a fixed share of income or in a fixed sum of money.

In any case, the RF IC obliges to pay the due amount of alimony in case of loss of parental rights.

How to deprive a father of parental rights

Note! If, by a court decision, a parent has received the status of “protection from rights”, he has the right to see the child, spend time together, live in the same living space, but if the court decides to deprive maternity or paternity completely, the rights described above are canceled and are not disputed by the court.

A chance to avoid financial support for children

You can be exempt from paying benefits for the maintenance of a minor by specifying the grounds in the agreement, this could be a donation of real estate, a one-time payment of the agreed amount of funds.

Statement of claim for deprivation of parental rights

Important! In order for the case of release to be considered, the plaintiff must write an application and attach the following documentation: a receipt for payment of the state duty, the payment amount is 4% of the annual payment amount. Heroes of the USSR, the Russian Federation, the Great Patriotic War, and disabled people of groups 1 and 2 do not pay the state duty.