Cancellation of child support payments, exemption

The payment of maintenance cannot last forever, and the law has a number of cases in which child support is exempted from payment; this will be dealt with in our article; whosoever is exempt from payment, whether the payment can be cancelled and the procedure for cancellation can be explained in detail below.

Legal grounds and reasons for the cancellation of maintenance

Cancellation of maintenance is a serious decision that can only be obtained through a court of law if a claim for maintenance payments has previously been filed or by agreement of the parties in the case of a maintenance agreement.

With regard to debt obligations, the grounds for exemption from maintenance payments can only be considered by a court and cannot be resolved by mutual consent of the parties, as reflected in article 114 of the UK (family code of the Russian Federation).

This article does not specify the reasons and grounds for the annulment, but it is clear from the case law in the country that maintenance relations are terminated in the following cases:

• The child ' s attainment of majority (only if he or she is not disabled);
• Recognition of a minor child as legal (the child enters into marriage, is registered as IP, is officially employed);
• Contestation (abolishment) of paternity;
• Transfer of paternity (maternity) to another person;
• The child ' s residence with a maintenance worker;
• Death (death) of the alimony recipient or alimony payer (the maintenance obligation is not inherited, only the debt and then, to the value of the inherited property).

When a child has lived or has lived with a father from a certain point of time, the father will have to prove when the child has changed his place of residence and moved to his father; from then on, all payments must be stopped, and if there is a debt, it may be cancelled.

By the way, living with the father during summer or other holidays (non-permanent) is not a reason to cancel payment.

In addition, if child support or maintenance support for the former spouse was paid on the basis of an agreement, the cancellation of the payment may occur in the following cases:

• In connection with the death of one of the parties;
• expiry (termination) of the agreement;
• As a result of the existence of the grounds set out in the agreement.

A new agreement could also be drawn up that would specify different terms of payment but would require the consent of both parties.

Contestation of paternity

There are situations in which a father is beginning to doubt that he is the biological father of his child, which means that he has no reason to maintain him. It is not easy simply to express his doubts that he must go through the procedure of challenging paternity in court. Of course, it will be necessary to prove to the court that he is not involved in the child ' s conception.

Most often, this is done by means of genetic analysis, which will give 100% certainty as to whether the maintenance worker is the child ' s father or not.

If the answer is no, the alimony payer will be exempt from further payment of the alimony and from the debts it owes; in addition, the person may file a counter-claim against the claimant for reimbursement of the money previously paid.

As far as debt is concerned, it's not as clear as it looks.

In the event that he proves that he was objectively unaware of the existence of the order or the execution sheet, or that he was in a serious financial situation (disabled, disabled), the payment of the debt will be cancelled.

It is worth noting that if the father had previously voluntarily made a commitment to fatherhood but knew that the child was not his, it would not be possible to reverse that decision.

I mean, the father's on the birth certificate is a maintenance worker, or there's a court decision to recognize paternity.

Transfer of paternity

Another option, when the withdrawal of maintenance takes place immediately after the refusal of paternity, however, it will not be possible to abandon parental rights simply because the child ' s rights are violated in such a case. The payment can be stopped after the procedure for the transfer of paternity, which implies the refusal of another person ' s rights.

Refusal of paternity and deprivation of parental rights do not imply the immediate withdrawal of the payment; until the person to whom the right to paternity has been transferred has legally become a father, waive the maintenance obligation of the court, consider this point.

Cancellation of the spouse ' s benefit

The question of how to deprive an ex-wife of maintenance should be addressed under this article, in other words, in which cases the support of the ex-wife is terminated.

In order for the former spouse ' s maintenance payments to be terminated early (early before the common child reaches 3 years of age), the court will have to prove that there are no longer any grounds for her maintenance, as follows:

• A disabled or seriously ill child has recovered and does not need material support;
• The former spouse went to work;
• The wife had a new man who kept her (the husband, because to prove that she was receiving financial assistance without being in an official relationship would be problematic).

In any event, the husband is not allowed to pay maintenance to the spouse except by a court decision.

If the couple are reconciled

So it happens that once a happy family breaks up, starts a tedious series of courts, gives alimony payments, and there's hope that everything can be restored to its original position, but how do you cancel child support in the event of reconciliation?

There is nothing difficult about this procedure, and alimony may be withdrawn by the applicant, who will have no choice but to withdraw the alimony payments by applying to the federal bailiff service (FSP) for the return of the executive record or the court order on the basis of which the recovery is effected.

Thereafter, the payer will cease to contribute n per month from his/her salary in favour of his/her children.

However, there is one underwater stone in this situation: for example, if an executive notice or a court order is not returned to the SPF within a year, then the husband will no longer be able to recover the money if the marriage is dissolved again — this is the law.

There is a small leifhak in this area, how to retain the right to a subsequent recovery. After 10 to 11 months, it will be necessary to re-apply the executive (judicial order) to the FSP for a period of 3 to 4 days in order for it to enter a single base. The procedure will have to be carried out annually. It is certainly mustorical, but that is the only way to keep the child safe.

Appeals against the decision of the court of first instance may be lodged with the courts of appeal and cassation.

What kind of documents are required for filing a lawsuit:

1. Passport.
2. The birth certificate.
3. Documents confirming the conclusion and dissolution of the marriage.
4. A receipt to pay the mistress.
5. Executive List (Judicial Order).
6. Other documents.

Other documents include the evidence on the basis of which the claimant contests the payment, such as a certificate from the tax authority on the discovery of the IP by a minor child, or evidence of genetic analysis that refutes the fact of paternity.

Change of size

In addition to the total cancellation of maintenance payments, the alimonyer is entitled to claim a change in the amount of maintenance, and how to challenge child support if none of the above conditions exists?

The court shall consider not only an application for relief from payment of maintenance arrears but also a change in their amount in the following cases:

Heavy alimony sickness (in such a situation it is possible to reduce the amount and ask the court to cancel the accumulated debt, if any)

• The birth of a child in the family of a maintenance worker;
• Total or partial disability;
• Dismissed from work.

Judicial practice

In case law, there are many interesting cases concerning the payment of maintenance obligations, some of which are described below.

On the question of when and where the payment is terminated.

I.K. was serving his sentence in a correctional institution, but at the time of his detention he had a debt to his ex-wife. I.K., a citizen of the gunman, while in a correctional institution, did not work and had no fixed income, thereby increasing his debt.

After his release, he applied to the court and was confident that he would be relieved of his debts; however, the court did not grant his request, considering that Mr. I.K. ' s citizen had deliberately refused to work and had not been provided with supporting documents to the effect that he could not work for a valid reason.

The grounds for discontinuing the payment of maintenance may include some other cases not listed in the general list.

Example 2

A citizen of Semakov, M.Y., divorced his wife and entered into a maintenance agreement with her; however, he was called into the army for urgent service, bringing his debts to more than 40,000 roubles.

Upon his return to his home, he had a dispute with his ex-wife and had to go to court, and the Court took into account the fact that a citizen of Semakov M. Yu had been serving as a fixed-term officer and had exempted him from paying his debts in full.

Maintenance relationships are complex, ethically and morally, because the child is not responsible for the separation of the parents and has the full right to a decent life, but in some cases the alimonyer has the full right to challenge the payment and prove to the court that he is correct.

Grounds for exemption from maintenance

Parents are obliged to support their children, which is reflected in their maintenance obligations, until the child reaches the age of 18.

The grounds for obtaining maintenance are an agreement between the parties, or a judicial decision, usually arising from divorce or judicial recognition of paternity.

The Family Code provided for a number of grounds for exemption from child support, which required recourse to the courts; in addition, exemption from maintenance was possible under certain conditions.

Change in maintenance

The decision to exempt or change the amount of maintenance is taken solely by the court; under article 119 of the Family Code, changes in the financial or family situation may be invoked as grounds for review, and exceptional circumstances directly affecting the potential performance of maintenance duties for children may arise.

The court usually reviews the amount of maintenance payments fixed in a firm monetary amount; if alimony is recovered as a percentage of earnings, it is automatically recosted if it is reduced.

Other valid reasons for reducing the level of assistance to their children are the birth of children by the payer, other dependent persons or permanent incapacity for work.

However, there is no clear list of cases that would allow for a change in the level of obligations.

Therefore, in considering the claim, the court must itself assess the validity of the parent ' s claim.

Similarly, not only the reduction but also the increase in payments, such as the need for additional costs due to a child ' s illness, are being addressed.

The Family Code allows for complete exemption from maintenance provided that the recipient commits a serious offence against the payer.

The circumstances for the cancellation or total termination of maintenance payments

The court may exempt a person from the obligation in its entirety or terminate the payment thereof. Family law contains the following grounds for exemption from the payment of maintenance for minor children:

1. Death of the payer: The obligation is not inherited, but the obligation to pay maintenance debts remains with the heirs, but only within the extent of the estate they inherited.
2. Loss of ability to work by the payer, resulting in the inability to pay maintenance for the child.
3. Termination of the maintenance agreement.
4. After the children have reached the age of 18 or in other circumstances, which indicate that they have acquired the status of a capable citizen despite their underage age, including the child ' s legal marriage, IP status and formal employment.
5. Support for the maintenance of a disabled family member (e.g. a disabled child) is terminated if the disability is restored.
6. Refusal to be a father/guardian.
7. Contestation of paternity
8. Loss of parental rights: It is important to understand that the deprivation of parental rights does not in itself entail an exemption from the payment of maintenance, but in practice the new guardian of the child and the unfriendly parent may conclude an agreement, pursuant to one party will be excused from a material claim in exchange for the refusal of paternity or the granting of a permit to move the child.
9. The child moved in to live with his father and is now in his care.

Other grounds for exemption from maintenance of the person paying them may be contained in the agreement of the parties, such as the transfer of the apartment to the minor, or a lump sum payment of the full amount ordered for the child ' s maintenance.

If, after the death of the payer, the expiry of the agreement or the attainment of the age of majority, maintenance is terminated automatically, then in other cases the claim must be filed with the court.

There is no court to grant relief from the accumulated debt, except for the person to whom the payment is made, and there is no statute of limitations for the maintenance paid, and the debt may be recovered at any time, even after the death of the payer.

Most common situations of exemption from maintenance

Here are the most typical situations in which maintenance obligations can be terminated.

It is often the case that a woman, after acquiring a new family, wants to finally say goodbye to her past.

She believed that the ex-husband was not the best role model for her children and would be better placed under "father" on the current spouse's birth certificate.

In order to do so, she will initially obtain the consent of the parent to the child ' s abandonment and adoption, in which case the biological father will be relieved of all financial support obligations for his child.

In the case of maintenance for the spouse, the payment shall cease upon the remarriage of the spouse.

In a situation where the father has reason to doubt his father ' s paternity, he may file a complaint with the petitioner, and the most important argument in his favour will be the results of the DNA examination; if the absence of affinity is established, this will lead to the cancellation of further payments.

It is not necessary to have in-depth knowledge of the legislation in force to draw up an application to the court, but it is possible to use model document templates; a model for filling out a claim for maintenance may be found on a stand in a magistrate ' s court or requested from a secretary.

A sample of the application is also usually available on the official website of the Magistrate ' s Court, and the court ' s court number and the Justice of the Peace ' s OSI can be clarified here.

In addition to the claim for exemption from maintenance, the plaintiff must attach the following set of documents:

1. The amount paid is determined on the basis of the price of the claim, i.e., the annual amount of the payments, and is 4 per cent of the amount paid, and the payment of the State ' s funds is exempt from the payment by the USSR, the Russian Federation, the VOV, the disabled groups 1 and 2, and the plaintiff, who has financial difficulties, is also entitled to apply for a stay in respect of the payment of the State Ministry.
2. The executive list (his copy) on which maintenance (or judgement) is written off by the debtor is held by the bailiff in charge of the case.
3. Documents supporting the plaintiff ' s arguments (e.g., medical and social examination of the applicant ' s disability) may be applied for by the court if they cannot be provided.
4. Copies of birth, marriage/divorce certificates.
5. A photocopy of the plaintiff's passport.
6. Documents confirming the right to benefits in the payment of the public service.
7. In the case of a child living with the plaintiff: certificate from the passport table on the composition of the family.

Documents may be submitted in person through the secretary or by mail.

The court ' s decision would depend to a large extent on the evidentiary basis provided; the plaintiff ' s arguments could be the testimony of witnesses; representatives of the Public Prosecutor ' s Office, as well as the guardianship authorities, could be involved in the case.

In the first place, the judge must be child-friendly and avoid a drastic and unjustified deterioration of his or her material status.

If the court reached a verdict in favour of the plaintiff, he or she would be exempt from maintenance only after the decision had become enforceable.

Thus, in order to obtain relief from the payment of maintenance by the court, the plaintiff must have a good reason.

One reluctance to maintain and raise one ' s child, which could be justified by various arguments, would not be enough; the court decided that maintenance payments should be discontinued.

Such cases are subject to the jurisdiction of the justices of the peace at the place of receipt of the executive notice for the recovery of maintenance, or at the location of the defendant.

Cancellation of child support: causes and reasons, jurisprudence

"Alements" is a word that makes their payers feel bad because they need to remove some of the money they have earned from themselves and transfer it to the child's maintenance. It's not surprising that anyone can be a parent, but to be a parent — to perform their duties in good faith and not to avoid paying compensation — can be far from everyone. If something has changed or new details have been discovered in life, the alimonyer is entitled to receive a reduction in maintenance or a complete release from it.But the cancellation of child support and the exemption from child support must have a strong evidentiary basis, otherwise the case will be lost in court.How is this process going, and what reasons are considered valid?

Legal action

It is possible to contest the recovery of maintenance on the basis of article 120 of the Russian Federation. This law provides several reasons why the payment of financial compensation should be abolished.

If a voluntary agreement has been concluded between the spouses following the divorce,I think it's a little easier.

After the treaty has expired, there is no need to respect it.

If the period of validity has not expired yet, but the grounds for payment of the money (as prescribed in the agreement) have disappeared, the alimony payer is exempt from the obligation to pay; this is legal, because the terms and grounds for payment have been specified in the contract in advance and signed by mutual agreement; therefore, the termination of the payment is the legal right of the payer.

2)But if the alimony was court-appointedit's up to the judge to cancel, reduce or release them.

Reasons for release or waiver of alimony: when can alimony be legally withheld?

The following reasons are considered to be valid circumstances and grounds for a review of a maintenance case under the law of the Russian Federation:

1)The child has reached the age of 18.In exceptional cases, the court requires the payer to assist in the maintenance of the child up to the age of 23 (if he or she is incapable or is enrolled in higher education, regardless of the type of education).

Interestingly, if a child has not yet reached the age of majority, it does not mean that he should be paid up to the age of 18.

The child, who was disabled, went through treatment and recovered.He is now capable and does not need the amount of money that used to go to treatment or health care.

If the child is a minor, the obligation to pay the money is no longer valid. If the child is a minor, the parent is entitled to claim a reduction in the amount of compensation.

The child is in full state care.

4)Death of the recipient or sender of the moneyIf, in the case of the sender, it's clear, in the case of the recipient, it's not about the mother or the father on whom the child's money is deposited and who handles it, it's about the death of the child itself.

If a mother or father dies (who receives money), the other spouse is not relieved of the obligation to pay the allowance; it is simply now that the money will be transferred to another person's account (guardian).

The financial position of the recipient of the money has changed for the betterPerhaps the mother or father raising the child has taken up a job or has begun to earn a high salary, so that such a parent is now in a position to assume most of the financial obligations.

The second spouse may request a review of the amount of maintenance paid or a cancellation at all, especially if his financial condition is very poor.

In the name of the child, movable or immovable property was transferred.This may lead to the cancellation of compensation and gives the right to challenge maintenance arrears, since the value of the gifted property sometimes exceeds the compensation debt.

Remarriage.A spouse raising a child may have entered into a new marriage, so his material and family situation will now allow him to take full care of the child.

Sometimes, the alimonyer, after a remarriage, has new children or other relatives requiring material care, and such circumstances may also affect the reduction or cancellation of the amount of compensation.

The child moved in to live with a maintenance worker.He needs to file an application that the child has changed his place of residence, so the payer no longer needs to pay his allowance, but the opposite party now undertakes to do so.

Other reasons(Father denies paternity, child adopted, parent gives up the baby).

Let us discuss in more detail the ninth fact, since the case law most often addresses these causes.

Contestation of Paternity — If the Child Is Not Home

Article 52 gives fathers the right to question their father ' s father ' s father ' s father ' s father ' s father ' s father ' s father ' s father ' s father ' s father ' s belief in her mother ' s words, to obtain official recognition from her or to see the difference between his father ' s father ' s and child ' s external characteristics, he may file a complaint with the court.

But it is not necessary to go to a judge with conjectures and doubts, but with the results of genetic or blood tests on group matches (less effective than DNA tests), the final results are attached to the complaint and are considered by the judge. If the relationship is not confirmed, the court issues a verdict in favour of the plaintiff and decides to cancel the payment of the monetary benefit.

It's important:When a man knew that he was not a relative of a child, but allowed his name to be included in the baby's birth certificate in the line "Father", he automatically lost the right to challenge later his relationship with the child, and thus the right to be released from the payment of a monetary benefit.

Refusaling Fatherhood — How Can You Voluntaryly Refuse a Child?

If the father-child relationship is an undeniable fact, it will not be possible for him to obtain a prompt withdrawal of the payment of compensation.Not wanting to pay the money, fathers decide to write a child-free letter.

They think a refusal on paper will automatically relieve them of their parental responsibilities in life, but it's not.

The father has the right to go to the notary and write a document stating that he has abandoned his child. The statement is certified by the notary ' s signature and stamp. The document must also indicate his agreement that the rights to the child may be transferred to any other person. The application, together with the other documents collected, is sent to the court.

The model of rejection of paternity is the consequence of the abandonment of the child. In the end, the father loses all parental rights to the child, but he will not receive the long-awaited freedom from maintenance.Since, by law, the deprivation of parental rights does not relieve the parent of the obligation to pay the child ' s financial benefitThe only condition is that he will be released if there is someone who wants to assume his obligations and adopt his baby.

Adoption

If a woman remarrys after divorce, her stepfather may wish to adopt another's child.

Then bring her to court so that the biological father will be deprived of his parental rights (if not already done so), and the stepfather must also apply to the court for adoption of the child.

From now on, the real dad can breathe, he won't have to pay any more money for the baby.

Cancellation: How can you not pay alimony for an adopted child?

If a child's adoptive parent is to be released from child support payments, he or she must first have the adoption cancelled, but this is not a guarantee of exemption from liability.

The Court shall take into account such factors:If the results are unsatisfactory, the court is entitled to leave a financial obligation to the former adoptive parent.

How to obtain the cancellation of maintenance: procedure, application to court

It would be better if an action to set aside the maintenance was brought before the court in which the order for its award was issued.Application may be lodged with the Magistrate ' s Court in the complainant ' s place of residence.

Upon receipt of the complaint, the judge is given five days to examine the case and decide whether to proceed with the case; if the result is positive, the plaintiff will be notified in writing.

After careful examination of the details of the case, the court makes a decision; the payer is given an executive notice in his hands. If the decision is in his favour, he may refer it to the bailiffs to remove himself from the list of maintenance payers. During what time can you appeal? Within 10 days from the date of the verdict of the judge, the parties may appeal to the District Court by way of appeal. The case is re-examined. If the party has not entered the said time limit (but not more than 6 months), an appeal may be filed after the expiry of the deadline. In this case, a panel of judges has already met to consider the fairness of the earlier decision.

The claim must be based on the paragraphs of article 132 of the Code of Criminal Procedure:

• Name of court to which the claim is filed;
• Information about the maintenance worker and the recipient of the money – the child (informative and passport data);
• Information on the court ' s earlier decision concerning the award of maintenance and its amount;
• Reference to the legal ground for the cancellation of maintenance;
• Reference to the conscious abandonment of the child and the voluntary transfer of rights to any other person (if necessary);
• Consent to be deprived of parental rights (if necessary);
• The realization that giving up a baby is an irreversible process (if required);
• The indication that all parental rights and duties are reserved for the mother;
• Specific request to the court (downgrade, cancel alimony, satisfy the child ' s rejection);
• List of attached papers;
• Date of filing of the claim;
• A maintenance payer's signature.

Relevant documents:

1. Patron's passport.
2. Documents relating to the conclusion/dissolution of a marriage.
3. Birth certificates.
4. A certificate from the HEC on the composition of the family.
5. A copy of the court ' s decision on the award of maintenance.
6. Executive or other judicial papers.
7. Evidence of the reasons for the cancellation of maintenance.

A maintenance worker, in which case, is charged a government fee.The amount of the duty is determined by the Tax Code (art. 333.19, para. 1).

The State is dependent on the amount of maintenance accumulated by the contributor for one year, which it wishes to cancel.

According to the rules of calculation, when the price is less than 20,000, 4 per cent of the sum, but not less than 400 rubles, if the price of the claim is 20 to 100,000 rubles, the amount of the state service = 800 rubles and 3 per cent of the sum in excess of 20,000 rubles, and if the claim is worth 100 to 200,000 roubles, a duty of 3,200 pp and 2 per cent of the sum of over 100,000 roubles is paid.

Cancellation of child support: grounds and procedure for exemption from child support for minor children

Once a child ' s maintenance is ordered, the payer is obliged to comply with it; the same rule applies to the maintenance agreement; it is terminated by agreement of the parties.

However, the obligation to pay was not waived and could be renewed through the courts, but there were cases in which there were applications to cancel child support, and there were compelling reasons to do so.

The article will examine whether alimony can be abolished, on what grounds, and how.

Can you cancel the alimony?

Child maintenance is paid by a parent who lives separately from him or her and the funds received are allocated for the maintenance of a minor or a disabled person who has reached the age of 18 years; non-payment of maintenance is punishable by penalties in the form of penalties, administrative and criminal liability, and deprivation of the right to drive a car.

There are situations in which the payer expresses an intention to cancel the alimony, in which cases the legal grounds for payment are waived; the issue of cancellation of payments is decided by the courts; only the court has the power to decide whether there is a reason for it or not.

The applicant must take the preparation of evidence seriously; until such time as a court decision was taken, it was not necessary to waive his obligations; otherwise, the payer ' s actions would be regarded as an evasion of the payment of maintenance.

Legal grounds for the cancellation of maintenance

As a general rule, parents maintain a child until the child reaches the age of 18; early maintenance is cancelled in the following cases:

• Emancipation of a minor at the age of 16 (marriage, employment, entrepreneurship with parental authorization);
• The removal of parental responsibilities towards the child (dispute and rejection of paternity, adoption);
• Moving the minor to the payer;
• The removal of disability.

Consider the grounds for the cancellation of maintenance in more detail.

Emancipation

Under the law, a citizen becomes fully functional after 18 years of age, until the same time, the parents provide for his or her financial capacity, and his or her capacity is acquired at 16 years of age in the following cases:

• Marriage;
• Recruiting for employment under a contract of employment;
• Registration of IPs.

Emancipation is carried out by decision of the guardianship authorities with the consent of the parents, after which the payer is entitled, under article 120, part 2, paragraph 1, of the Code of Criminal Procedure, to apply for the cancellation of maintenance.

It matters!The UK of the Russian Federation establishes cases in which parents are not exempt from maintenance obligations with respect to an adult child.

Contestation of paternity

In the event of doubt as to the father ' s relationship with the child, he has the right to challenge paternity and a DNA examination is carried out at his expense and a statement to the court is then drawn up.

If the father proves in court that he did not know that he had no biological relationship with the minor, his maintenance obligations will be removed. However, there is one reservation: the court will refuse to cancel maintenance if the "father" of the birth certificate has a record of his father's status as a father.

Judicial practice showsWhen a child is adopted, the procedure for challenging paternity is not possible; the decision to adopt implies that the citizen has assumed responsibility for the child until the end; the exception is situations in which a new adoption is carried out for another person.

A court decision on the absence of a blood link between a natural person and a minor is the basis for the annulment of the maintenance, and the amount previously paid for the maintenance is not refunded or compensated.

Abandonment of a child

Sometimes there's no doubt about being a father, but a citizen doesn't want to perform his duties towards a child, and it's just not possible to give up being a father, and you have to hand it over to another person through adoption.

The refusal of paternity shall be in writing. The text should indicate:

• Father ' s information (FIO, place of registration, date of birth);
• A declaration of voluntary and informed abandonment of the child;
• Consent to be disenfranchised;
• Consent to adoption;
• Information that parental rights are reserved for the mother;
• Date and signature.

The document is confirmed by the notary.

Upon receipt of the refusal, the mother applies to the court for the deprivation of the father ' s parental rights; the adoptive parent, in turn, applies for adoption; the guardianship authorities are involved in the case.

After a favourable court decision, paternity passes from one citizen to another, and from that point on, the father is exempt from maintenance obligations.

Adoption

When the child ' s mother remarrys, it is likely that the second husband will express his intention to become a father; the transition to paternity takes place during the adoption process; upon completion of the procedure, the child ' s financial support is transferred to the adoptive parent.

If legal maintenance is to be abolished, the former father must apply to the court; the application must be accompanied by the refusal of paternity and adoption of the child by another person; after a court decision, the obligation to maintain the minor is withdrawn.

Moving a minor to a payer

In the event of the dissolution of the marriage, the court shall determine which parent will retain the child; the second parent shall have the obligation to pay maintenance.

A minor may move permanently with the payer in such a situation, and the procedure for the cancellation of maintenance may be initiated through the court.

The child ' s address change document (family composition certificate, sign, minor ' s explanation) must be provided in support.

Withdrawal of disability

Adult children receive alimony from their parents if they are disabled. Group I is clearly incapable of work, so it will not be possible to cancel maintenance obligations.

Persons with disabilities in groups II and III have the opportunity to obtain a profession, employment and permanent income. Once they regain their capacity to work, they are no longer in need of financial support. There may also be cases of recovery and withdrawal of disability. In such cases, the payer has grounds for exemption from maintenance.

Can alimony be cancelled if parental rights are denied?

Some consider that maintenance obligations are withdrawn after the deprivation of parental rights, which is applied in the following cases:

• Deliberate evasion of maintenance;
• Refusal to raise a child;
• Leave the minor in hospital;
• Ill-treatment;
• Alcohol and drug addiction;
• The commission of a crime against a child.

As practice has shown, deprivation of parental rights does not relieve the payer of maintenance obligations, which requires the adoption of a child by another person.

If you have any questions about the grounds for the cancellation of maintenance, we recommend that you consult a family law lawyer.

How do you cancel child support?

A request for the cancellation of maintenance obligations must be made to the court, which has decided on the placement of a minor, and the procedure is carried out in several stages:

• The payer prepares a documentation package;
• A statement of claim is drawn up and filed with the court;
• Trials are under way;
• The decision of the court shall be handed over to the bailiff.

Consider them in more detail.

Phase 1 - Preparation of documents

The payer must prove the circumstances that led to the cancellation of maintenance obligations and a documentation package is being prepared for this purpose:

• Identification;
• Decision on the assignment of content (allocation agreement);
• Information on the payer ' s income;
• Birth certificate;
• Medical records;
• Refusal of paternity;
• Genetic analysis;
• Other depending on the situation.

We also need to attach a receipt for the payment of the mistress.

If there is a lack of documents, the court will ask them in the course of the proceedings.

Step 2 - Preparation of the claim and recourse to the court

The payer then prepares the statement of claim and must specify:

• Name of vessel;
• Information on payer and recipient;
• The value of the claim;
• The details of the judgement or agreement establishing alimony;
• The circumstances for exemption from maintenance obligations;
• References to the law;
• Request to cancel alimony;
• List of evidence;
• Date and signature.

A suit is filed in person or through a representative, the latter being subject to a notary power of attorney.

The model suit is not defined by law; if you have difficulties in making an application, a competent family lawyer will help your council, and you can also entrust it with the preparation of a document.

Stage 3 - participation in the trial

After the adoption of the documents, the judge shall set the date of the proceedings; normally, the procedure takes two months; the guardianship authority may be involved in the case; if necessary, witnesses shall be questioned; once a decision has been received, it must be given effect.

Step 4 - resort to bailiffs and cessation of enforcement proceedings

Once the decision has entered into force, the bailiff, who conducts the execution proceedings, shall, on the basis of a statement by the payer, terminate the execution proceedings; from then on, the maintenance obligations shall be withdrawn.

Let's take stock.

So,There is a need for strong justification for the cancellation of maintenance obligationsThe payer needs to apply to the court and provide sufficient evidence, and after a favourable decision has been reached, it is referred to the SPM. Once the enforcement procedure has been discontinued, the citizen is legally entitled not to pay maintenance for the child.

Cancellation of maintenance

Current law enforcement practice shows that the main reason for the court to cancel pre-sentencing payments is the disappearance of the recipient ' s need for financial maintenance, but the law also allows for other grounds for the cancellation of maintenance.

Grounds for exemption

The legal grounds for the court to waive the obligation to pay alimony payments may be as follows:

• Death of one of the parties to the maintenance relationship;
• The occurrence of an event which is stated as the basis for the cessation of payments in the voluntary agreement of the parties for their payment;
• The child ' s attainment of his or her eighteenth birthday or his or her full legal capacity under the age of 18 in cases permitted by law;
• Re-establishment of the legal capacity of an adult child to whom a disability unit has been appointed;
• Adoption of a child by another person (e.g. stepfather);
• Significant improvement in the financial position of the alimony recipient and elimination of the need for financial assistance from the payer;
• Re-establishment of the recipient ' s lost ability to work;
• Changes in family circumstances (e.g. remarrying the former spouse of the alimonyer in favour of whom the latter made payments).

In addition to the reasons listed, there may be other social, family or financial circumstances that may provide grounds for exemption from alimony payments.

Consider in more detail the most common circumstances that warrant the cancellation of alimony payments.

Contestation of paternity

Contestation of paternity implies the possibility for a man to prove in court proceedings that he is not the biological father of the child to whom payment is made, for which he must file a claim and provide sufficient evidence (e.g. a genetic report).

If paternity was legally challenged, the court would cancel further maintenance payments, but only from the date of the relevant decision.

Adoption of a child

The adoption of a child means that all obligations relating to the child ' s maintenance are transferred to the adopter; if the new spouse of the foster child or another person adopts a minor child, the obligation of the former payer is terminated by a court order.

If there is open proceedings for the recovery of maintenance, the person concerned is required to obtain an order from the justice of the peace to cancel the alimony payments, then to take the relevant executive note and hand it over to the bailiffs for the closure of the enforcement proceedings for the recovery of maintenance.

The adopter must understand that the obligation to maintain the adopted children continues after the divorce of their parent, so that the adoptive parent may also be obliged to pay, and even after the judicial annulment of the adoption, the obligation to pay alimony does not automatically cease.

The cancellation of the payment of the former adoptive parent is either on general grounds for the termination of maintenance payments or in proceedings under article 143, paragraph 1, of the Russian Family Code.

According to the said article, in the event of judicial annulment of the adoption of a minor child, the mutual rights and obligations of the adopted child and the adoptive parents shall cease and the rights and obligations of the child and his or her parents shall be restored only when the interests of the child so require.

Loss of parental rights

This is not considered to be the reason for the payee ' s exemption from his or her financial obligations to the child; a parent who is forcibly deprived of his or her parental rights is obliged to provide financial support to the child; the funds will be paid to the citizen (guardian, guardian) or the child ' s institution in which he or she is located.

Termination of the spouse ' s maintenance

Maintenance payments for the spouse may be made at:

• A woman ' s pregnancy;
• The existence of a child under 3 years of age or a minor disabled child (generally with the payer) or a common adult child with the first category of disability;
• Her incapacity if material support is required;

• If the grounds listed have disappeared, for example, the spouse who has received the payment has recovered the capacity to work, the payer has the opportunity to file an action to cancel the payment.
• It is also permissible to cancel alimony payments if the payer (former husband) was entrusted with the maintenance of the former wife caring for a child under the age of 3, but he submitted evidence to the court of the former spouse ' s remarriage during this period.
• In this case, the obligation of financial maintenance is transferred to the new husband and the former spouse is exempted from payment.

Procedure for rescission of maintenance by the courts

A payer may, if there are grounds for setting aside maintenance payments, file a claim and present to the court an evidentiary basis justifying the claim.

Having considered the evidence and claims, the judge will either cancel the penalty or refuse to grant the payer ' s claim.

If a favourable decision is reached, the claimant shall receive the executive notice required to be handed over to the bailiffs in order to complete the proceedings.

Application for cancellation of maintenance

The statement of claim shall be made in accordance with article 394 of the Code of Criminal Procedure, i.e. in the light of newly discovered circumstances.

• Name of the vessel;
• Data of the plaintiff, defendant;
• Requisitions of a previous court decision on the recovery of maintenance payments;
• The requirement to set aside the court ' s previous decision on the payment of payments;
• Description of the situation and justification of the claim with reference to evidence;
• The value of the claim is the amount of the payer's recovery for the year of payment.

Model

Necessary documents

• A maintenance passport;
• The birth certificate of the child;
• Marriage certificates, divorces;
• Documentary evidence of the need to cancel alimony payments;
• Executive list of the previous decision on recovery of payments;
• The claim for payment by the claimant is public.

Where do you want to go?

A claim must be brought before the court that had previously ordered the recovery of the alimony payer.

Payment of the Minister ' s office

In contrast to the claim for maintenance payments, in filing a claim for cancellation of these payments, the State is required to pay, which is considered as a percentage of the price of the property claim, in accordance with the requirements of paragraph 1 of paragraph 1 of Part 333.19 of article NC.

Debt cancellation

The recovery of maintenance and the calculation of arrears shall cease on the date on which the judge orders the termination of payments.

Having obtained the judge ' s decision to waive the obligation, the payer is no longer obliged to make regular payments; in order for the bailiffs to close the enforcement proceedings on previously recovered alimony, the payer is required to obtain an executive note and submit it to the SPF unit.

It is worth noting that the old maintenance arrears (if any) that arose prior to their cancellation remain.

These are situations in which the failure to pay alimony was due to the payer ' s illness or other valid reasons, and his financial, family situation precludes the possibility of repayment of the outstanding debt.

Judicial practice

The judges, first of all, were based on the interests of minors, so that they would not cancel alimony if there were no proven grounds for setting it aside, but as the case law showed, if the payer could prove that such legal grounds existed, they would be able to obtain a valid court decision.