Termination of child support: at the age of 18

One of the consequences of divorce is the payment of alimony, but the circumstances are sometimes such that the obligation imposed by the court must be lifted; this is possible if there are compelling reasons and, of course, evidence.

Potential for such an event

The court order is a simplified way of collecting maintenance, since the justice of the peace, in response to the plaintiff ' s request, shall, within five days without the presence of the parties, draw up an order having the force of execution.

The defendant may challenge the decision and be given 10 days to do so; if his claim is satisfied, the case for the award of maintenance will be heard by the parties to the conflict.

If the deadline has been missed, but it has not been a year since the order was accepted, the payer can file a motion for annulment, proving that he did not do so earlier for good reasons.

In the claim, the following must be stated:

• Name of court;
• Personal data;
• The circumstances that led the complainant to apply to the courts;
• The date on which the payer receives the maintenance order;
• Claims and their justification;
• Documentary confirmation of the payer ' s objections;
• Requirements;
• Signature;
• The date of the lawsuit.

No provision has been made for this type of application.

Cancellation of child support

Grounds

When alimony was ordered by a court, it could not be cancelled without sufficient justification.The application shall be submitted by the payer to the court that ordered the payment in a number of cases:

• Death of one of the parties to the payment agreement;
• The entry into force of the grounds for the cessation of the assessments set out in the said agreement;
• The child ' s majority (with few exceptions);
• The acquisition by a person of alimony of legal capacity;
• Adoption of a child receiving payment;
• Re-establishment of the capacity to work of a person who has received compensation;
• The conclusion of a new marriage by the ex-spouse and its transition to the present husband;
• Contestation of paternity: If the payer finds out through court of law that he is biologically not involved in the birth of a child, he must not pay anything.

Model application for annulment of child support

The following points need to be written in this paper:

• Name of the court;
• The plaintiff ' s data;
• Information on the person receiving maintenance;
• Description of the situation;
• An indication of the circumstances that make it possible to terminate payments;
• The value of the claim;
• List of annexes.

Details of the calculation of the State's budget for the cancellation of maintenance payments can be found in the first part of the first paragraph of article 333.19 of the Tax Code of the Russian Federation, the amount of which is not recorded and depends on the value of the claim, which means the sum of payments for one year.

Thus, 4 per cent (but not less than 400 p.), 20,001 p. to 100,000 p. - 800 p. + 3 per cent; 100,001 p. to 200,000 p. - 3,200 + 2 per cent etc.

Mode of action

As mentioned, the court of the peace may cancel the payment by setting aside the court order on alimony.A package of documents consisting of:

• The passport of a person who is burdened with alimony;
• The child ' s certificate (usually a copy);
• Copies of the marriage and divorce documents;
• Family composition certificate;
• Documentation of reasons for the interruption of payments;
• An executive list on which money is collected;
• Requisitions of the decision on the basis of which the retention is established;
• Statement.

Payment may be terminated as soon as the decision to set aside the order for recovery (payment) of maintenance becomes effective.The executive list should be handed over to the bailiffs in charge of the particular proceedings.

Discontinuation of the maintenance agreement

The reason why the maintenance agreement is cancelled or reduced is most often because the financial position of the payer is deteriorating; there may be cases where the recipient has more income than the burdened person; and the third option is that the payer has a child from a new marriage.

When both parties agree to cancel the agreement, they draw up the corresponding paper and give it to the lawyer for verification.In order to stop the calculation of salary payments, the former payer must provide the employer with a copy of the document.

The termination of the agreement through the court is effected by filing an action, in which case the amount is likely to be cut, but the payment of maintenance will not be cancelled.

Cancellation of obsolescence

The penalty is a special form of fine for violation of the maintenance period, which may be revoked for a number of reasons:

• Complex disease;
• Crisis of the employer-employer enterprise;
• Family difficulties, etc.

If the payer can prove that he is innocent of the delay, a portion of the debt and maintenance damages will be cancelled.Otherwise, the total amount would have to be paid.

So there's a lot of reasons to cancel or reduce alimony, so the important thing is that the circumstances are confirmed.

Grounds and procedure for discontinuing the recovery of maintenance

In case law, lawyers are most likely to have problems with the award of maintenance and the payment of maintenance, although the maintenance of the child is compulsory for both parents, sometimes the law makes concessions due to a significant change in the circumstances of life.The grounds and procedure for terminating the recovery of maintenance.

Grounds

According toUK of the Russian Federation,The child must be financially supported by his or her parents until he or she reaches the age of majority; in the event of divorce, the spouses must decide who will remain with the child.

The second parent is obliged to pay monthly alimony and the amount and duration are fixed strictly by the courts, thus protecting the child ' s rights and obligations and maintaining the child ' s normal standard of living.

In the event of a father ' s malicious refusal to pay maintenance, there is administrative liability; men may be prohibited from driving, travelling abroad, taking away movable and immovable property and depriving them of their parental rights.

However, there are circumstances that make the payment of maintenance impossible.

Legislation of the Russian Federation, i.e.Article No. 119The Family Code provides for exemption from punishment in the event of a change in the payer ' s family or financial position.

The reasons for discontinuing the recovery of maintenance are as follows:

• The wife ' s refusal to pay the monthly father ' s allowance;
• Employment of the spouse after decree;
• The attainment of the child ' s majority;
• The employment of a child under the age of 18 if the monthly income of the dependent exceeds the amount of the benefit;
• Co-habitation of the payer with the child;
• Re-establishment of the legal capacity of an adult if a disability group is established;
• Adoption of a child by another person;
• The onset of death by one of the parties to the maintenance relationship(child or father);
• The child ' s lack of need for maintenance allowance, etc.

In addition to the above-mentioned grounds, there may be other social, family or financial reasons for alimony.DisbursementsThey're going to stop.

Contestation of paternity

A maintenance payer may file an application with the court to challenge paternity, and a genetic examination is conducted (the DNA test); if paternity is not confirmed by a medical certificate, the alimony payments are terminated; the wife is obliged to compensate for all previous payments unless the circumstances otherwise provide.

Adoption of a child by another person

The current husband has the right to adopt a wife's child if the father so permits, and the child's maintenance is then the sole responsibility of the guardian, and maintenance payments are terminated by the courts.

In the event of divorce, the adoptive parent would be obliged to pay maintenance allowance until the child ' s majority, and biological parents would be liable only if the interests of the child so required.

In the case of a child living with a maintenance payer

A parent who does not live with the child is most often obliged to pay maintenance; if the circumstances of the spouses have changed, the monthly maintenance may be granted to the mother.

However, a woman must be officially employed and the standard of living of a child cannot change with the payment of maintenance to another parent.

The reason for the total termination may be:Family reunification.

The payer has the right to challenge the amount of the allowance in the event of significant circumstances, which requires that the claim be submitted to the court and that the requirements of the evidentiary basis be confirmed; if the claim is settled, the payer receives an executive notice by which the maintenance payments are terminated in accordance with the law.

For the maintenance of one of the spouses

Support payments are not limited to the maintenance of the child; the spouse who is able to work is obliged to provide support to the wife if she is not working temporarily.

Support for the maintenance of the spouse shall be granted in the following cases:

• Latest pregnancy;
• Care of a child under three years of age;
• Care of an adult child with a disability of 1 group;
• Under substantial life circumstances that require financial support;
• The wife ' s disability;
• A serious infectious or genetic disease requiring constant medical care, etc.

If you have recovered your ability to work, payer may be excused from the monthly payment; and if you are in a position to do so, then you must submit a complaint to a court of law or to a public authority which has issued an assessment order; and if you are in a position to do so, then if you are in a position to do so, then you must make an application to a court of law, or to a public authority which has issued an assessment order; and if you are in a position to do so, then if you are in a position to do so, then if you are in a position to do so, then if you are in a position to do so, then you must make an application to a court of law or to a public authority which has issued an assessment order; and if you are in a position to do so, then Allah is Oft Forgiving, Most Merciful; and Allah is Oft Forgiving, Most Merciful.

The spouse may challenge alimony if the wife, within three years of the birth of the child, has entered into a new marriage, in which case the maintenance obligation is fully binding on the spouse.

The court may cancel alimony if the man is a father again, and it is necessary to confirm the family ' s financial disadvantage by providing proof of the child ' s needs.

In the event of the death of the claimant

Under Russian law, the father is obliged to maintain the child until he reaches the age of majority and the amount of the allowance is calculated on the basis of the salary of the man and the needs of the child.

With the dependent ' s age, payments may increase or decrease, depending on the circumstances, but in the event of gross evasion of maintenance payments, the payer is held administratively liable.

In order to eliminate the maintenance obligation, the father is required to file a claim with the court, and the document must be accompanied by:

• Identification of the applicant;
• A court order awarding the amount of maintenance;
• Executive sheet;
• A child's death certificate.

If there is a debt of alimony, it must be paid.

Method of discontinuing the recovery of maintenance

For cancellationRecovery of maintenanceThere is a voluntary or judicial procedure.

If the spouses remain in trust and there are substantial grounds for terminating the payments, the ex-husband and wife may discuss the terms of mutual consent.

This requires drawing upA maintenance contract.The document shall be drawn up in two copies and marked by a notary ' s visa.

In the event that the spouses are unable to negotiate,Court proceedings.In order to remove the benefit, a claim must be brought before a court that has ordered the award of maintenance, and the application must be based on legislation and must be accompanied by any evidence that might affect the court ' s decision.

The payment of maintenance shall cease as soon as the court order has been issued.

List of documents

The claim must be attached to the claim.documentation packagewhich will confirm the grounds for discontinuing the payment of maintenance allowance.

List of court documents:

• The complainant ' s identity card;
• The birth certificate of the child;
• Dissolution of marriage from the civil registry;
• A certificate on the marital status of parents;
• Family composition certificate;
• Copies of the documents on the basis of which the payment of maintenance is required to cease;
• An executive list on which the child ' s maintenance was paid;
• A court order for the award of maintenance;
• A receipt for the payment of the Minister ' s Office, etc.

After a review of the case file, the court shall issue a decision on the basis of which an executive note shall be issued, on the basis of which the applicant shall be exempt from the payment of maintenance.

Model statement of claim

Compilationof a claim for damages under article 5, paragraph 1, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentCessation of the recovery of maintenanceregulated by law, i.e.Article 394The text of the document requires an indication of all the material facts that may affect the outcome of the court decision.

The content of the statement is as follows:

• The details of the Trial Chamber;
• The name of the document;
• The applicant ' s passport data;
• Information on the defendant (spouse or child);
• Reference to the maintenance order;
• The substance of the statement;
• Reference to legislation;
• The plaintiff ' s claims;
• Evidence;
• List of attached documents;
• The value of the claim (total amount of maintenance listed for the year);
• The date, the plaintiff's signature.

Cancellation of maintenance

Life goes on its own, with the payer or the recipient of the maintenance changing family circumstances.

The improvement or deterioration of living conditions also affects benefits intended for children under the age of majority.

The abolition of maintenance is possible, and the main condition is to stop the need for additional support from a citizen who cares for a child under the age of 18.

There are many situations in which alimony can be cancelled, for example, a woman who has been given money by a maintenance payer remarrys and the new spouse adopts a child, in which case the need for alimony is eliminated.

Another option is for a citizen who is raising a minor child to have an additional source of income, and that person is no longer in need.

In order to stop the alimony payments, the payer has to collect evidence, and must file with the court a set of documents and a statement to that effect; once the decision has been passed, the parties are deemed to be in a position to do so.

Officially, the recipient of maintenance no longer needs material assistance.

Grounds for exemption from maintenance

Exemption from the payment of child support is provided for in the Family Code of the Russian Federation, and the grounds for discontinuing payments are set out in several laws, namely article 120 of the Code of Criminal Procedure, which provides for the completion of monetary support.

Disbursements shall cease as a result of the occurrence of one of the following events:

• Death of a participant (payer or recipient);
• The child has reached the age of 18;
• The legal capacity of a disabled child has been restored;
• The child was adopted by the new spouse of the beneficiary of maintenance;
• The spouse who received maintenance contributions entered into the marriage;
• The spouse/ex-wife who received cash assistance began to earn her own income (re-established her capacity to work).

Another option is the entry into force of the grounds laid down in the agreement previously concluded between the recipient and the payer; the grounds for the cancellation of maintenance are broad enough.

Events ranging from social to biological can lead to the cancellation of alimony payments.

Parties (payer and recipient of maintenance) need to understand that there is a difference between the cancellation of cash assistance and exemption from maintenance; the second option is of a temporary nature.

Application for cancellation of maintenance

Article 132 and 131 of the Code of Civil Procedure of the Russian Federation are the main documents to draw attention to.

We shall identify the main points to be made in the claim:

• The complainant ' s data (FIO and place of residence);
• Information on the defendant (FIO and place of residence);
• The name of the court to consider the documents;
• A description of the situation between the parties;
• An indication of the reason why the claimant ' s interests were violated;
• Calculation of the amount of payments to be recovered from the respondent;
• Annexes and necessary additions.

The payment of the State duty is a mandatory condition, so the documents provided in the package must include an appropriate receipt.

The amount of payment is calculated by the method set out in article 333.19 of the Code of Criminal Procedure.

The form contains items that are mandatory for filling in. If necessary, you will be able to consult the sample.

To download a sample application for the cancellation of maintenance:

The most common situations are: termination of maintenance; adoption of a minor; challenge of paternity.

If a citizen seeking to challenge paternity knew that the child who had been born was a child of another man, but had decided that the certificate would include him, he had no right to appeal against paternity.

Consider each of the conditions outlined above in detail:

• This is one of the most common reasons why payments may be discontinued. If the fact is established, the situation may change fundamentally. The fate of participants in legal relations depends on the outcome of the procedure provided for in article 52 of the Code of Criminal Procedure. According to this legislation, a person who has doubts about his or her paternity has the right to file and file an application with the court to challenge the biological relationship. If the material evidence is sufficient, the court will take a positive decision. In situations where the evidence is not justified, a genetic examination is made. Once the act of lack of biological relationship has been received and taken into account by the court, the alimony payer may terminate the payment for the maintenance of the minor. In order that the service of the bailiffs is not required to provide an executive record;
• The family code of the Russian Federation provides for the following situation: if a child is adopted, all the obligations relating to his or her maintenance shall be transferred to the adoptive parent; from the time of adoption, the person who has transferred the financial assistance until then shall cease to do so; in order to avoid problems, it is necessary to notify the bailiffs of the exchange of maintenance in a timely manner; and in the context of the executive proceedings, the specialists shall order the termination of the cash transfer.

The conclusion of the maintenance of the wife is another reason why maintenance is cancelled.

Article 89 of the UK stipulates that monetary support may be given to: a spouse who is unable to work and who needs support; a pregnant woman; a young mother who is responsible for raising a child under the age of 3; and a wife who is responsible for caring for a disabled child.

The termination of cash support under the said provisions is subject to judicial review and the plaintiff must provide the court with reliable information, which must be confirmed by: the restoration of the spouse ' s capacity to work, the beginning of the payment of wages or other circumstances that may constitute evidence.

Another important point is the abolition of the payment of children with disabilities, which is provided only if the child ' s legal capacity is restored; another option is that of a person who cares for a disabled person who does not need additional financial assistance (in the case of alimony).

Procedure for rescission of maintenance in court

The maintenance payer has the right to file a claim with the court in order to demand the cancellation of the cash assistance that he transfers to the maintenance of a minor, the only condition being the provision of evidence that justifies such claims, and to appeal to the justice of the peace, which in due course has ordered the payment.

In order to move the case forward, the following package of documents must be collected:

• Passport;
• Copies of the birth certificate of the child and of the marriage (dissolution);
• Family composition certificate;
• Copies of documents confirming the termination of payments;
• Executive sheet;
• props.

Such a set of documents must be accompanied by a statement of claim, in accordance with all the rules, which is drawn up pursuant to article 394 of the Code of Civil Procedure and which contains: the name of the court, the OFI and the addresses of the parties, a request for the cancellation of payments, etc.

Once the judge has reviewed the case file, an executive report shall be issued on the basis of the results of the judgement, and this document shall be made available to the bailiff ' s office where the proceedings were conducted.

The cancellation of maintenance begins with the court ' s decision.

The most common reasons are: adoption of a child by another father, challenge of paternity, completion of maintenance of a wife, death of a payer; another pretext: the recipient is no longer in need of financial assistance; it is worth noting that the court will always protect a minor child.

If the alimonyer does not have a strong evidence basis for the annulment of the maintenance, he is unlikely to be able to rely on a decision in his favour; termination of payments is only lawful if the justice of the peace so decides.

Remember, the procedure for the cancellation of a child ' s detention is very complicated, and each case requires an individual approach.

The judge in charge of the case must understand all the circumstances, assess the evidence adequately and impartially, and finally make a balanced decision; in most cases, the assistance of an experienced and competent family law lawyer will be required.

Discontinuation of maintenance payments in connection with the death of the recipient or payer

The regular payment of maintenance funds greatly facilitates the maintenance of children, but life dictates its conditions, and any obligations may change unexpectedly, one example being the cessation of maintenance payments in connection with the death of the parties to the maintenance contract.

Modern jurisdiction interprets death as a condition for the violation of the legal relationship of the deceased with other persons.

Among a number of death-related conditions, there are performances that are terminated; other contracts arise, but there are others that are inherited.

The legal legislation of the Russian Federation (article 120 of the UK) provides the following grounds for repealing maintenance agreements:

• The attainment of the child ' s majority;
• Adoption of a child where the responsibility for security is transferred to the new parent;
• Failure to work or lack of means;
• The death of one of the parties to the agreement.

Death is a factor in the cessation of maintenance payments and all related transfers, without the possibility of diversion of such payments to other persons.

Similarly, article 43 of the Federal Law of the Russian Federation "On the termination of enforcement proceedings" states that the enforcement proceedings shall be annulled by a court if the person who is the subject of the action has passed away or has been declared missing if the obligation to pay cannot be transferred to another person (the successor).

Russian legislation requires that alimony be assigned to the following categories:

• Children under 18 years of age;
• Disabled persons in need of family support: disabled children and other relatives.

Retrievers, on the other hand, are persons who are capable of earning the living expenses of the persons in charge.

After leaving the life of the mother receiving child support, the husband ' s obligation to compensate for maintenance does not end, and the payment of alimony is discontinued in the event of the child ' s death, regardless of the fact that the mother receiving the maintenance money is alive.

A maintenance relationship shall be considered null and void from the time of the death of the direct recipient for whom the funds have been recovered.

In order to collect maintenance debts, the applicant must file an application with the court, as well as prepare all evidence of the outstanding debt.

The list of such documents is as follows:

• The court ' s decision to grant the claim for maintenance;
• A maintenance agreement, certified notarized, where the spouses voluntarily recorded the conditions of the funds being recovered;
• :: Documentation of the amounts owed and payments made: in order to fulfil the financial obligation, these documents must be compared with the bailiffs;
• Information confirming the regularity of payment (quints, cheques, bank statements, etc.);
• Schedules of payment, receipts confirmed notarized, and so on.

Confirmation of the debtor ' s lack of debt should be provided by the person who inherited the debtor ' s tangible property.

After the claimant ' s death, the beneficiary of the maintenance must provide the facts of the debt before the payer ' s departure, since there is no legal basis for seeking compensation in the future from the heir of the deceased beneficiary.

If a maintenance worker dies, the first thing to do is alert the bailiffs to the fact in order to avoid the next payment and debt.

The end of the payment of maintenance provides for two options in the legal process:

Under the agreement of the parents, which in turn provides for the following grounds:

• Out of the life of one of the parties to the contract;
• End of agreement;
• The change or violation of the situation provided for in the agreement (the former spouse remarried or the father returned the child to live together).

Since the agreement is legally binding, it is not necessary to apply to the courts to terminate it, it is possible to simply remove the document from the bailiffs or from the payer ' s assigned place of employment.

Long-term security and co-location between the debtor and the recipient of maintenance may be grounds for rescission.

The following grounds are necessary for the termination of court-ordered payments:

• Death of the payer or recipient;
• Adoption of children (termination of maintenance payments is transferred entirely to new parents);
• In the event of reaching the age of 18 or of full self-sufficiency (registered marriage of the alimony recipient, entrepreneurship, etc.)

The occurrence of the above-mentioned reasons does not always mean the automatic termination of payments; each case is individual, and in the event of a personal occurrence, the necessary documents must be prepared for consideration, and the court will resolve all disputed nuances.

There are cases in which the day-to-day maintenance payer made irregular payments and, after his death, a certain amount of debt could be paid by the heirs who inherited his property.

If the person who inherited the deceased debtor ' s property does not agree to pay the debts voluntarily, the consignee has the right to bring the claim to court.

A judicial action of this kind should be brought before the local authority at the place of the successor ' s propiska.

Judicial maintenance is based on the following nuances:

• The recipient of maintenance is required to provide documents indicating the obligation of the deceased under maintenance in the course of life;
• The court that accepted the claim will provide the heirs with a request for payment of the sum in question;
• The heirs of the debtor ' s property are required to provide a list of the inherited values and their estimated value;
• The heirs of the deceased debtor may provide documents (if any) confirming the payments and challenge the amount of the debt claimed by the consignee;
• The court ' s decision may be appealed by the unsatisfied party in the event of unrecorded facts or circumstances.

The court ' s decision is incumbent on the bailiffs, but may also be enforced by the applicant himself.

In conclusion, it is important to note that the debts owed in the course of the maintenance worker's life are equated by law with a credit obligation, as evidenced not only by the decision of the State Duma and the Supreme Court of the Russian Federation No. 81-KG13-14, but also by the numerous excerpts of the current year's jurisprudence.

Model application for termination of maintenance upon reaching the age of 18

According to paragraph 19 of decision No. 9 of the Plenum of the Supreme Court of the Russian Federation on the application by the courts of the Family Code of the Russian Federation in cases involving the establishment of paternity and the recovery of maintenance, if a minor child on whom alimony is collected by court order or by court decision before reaching the age of 18 years becomes fully capable, the payment of maintenance from the parent's salary and other income shall cease in accordance with article 120, paragraph 2, of the Family Code.

However, the recovery of maintenance for a minor child upon emancipation and marriage before the age of 18 is automatically terminated, i.e. no court decision is required.

Termination of child support payments

This may happen because a child may have a new father who has established an adoption procedure under all the mandatory rules and a mother who has officially married the child; this may also be the case if the mother who has custody of the child has found the source of additional or basic income and no longer needs maintenance; in addition to these situations, there are many similar cases in which maintenance is cancelled; and the cancellation of maintenance in court provides for the preparation of the evidence that you or your lawyer will provide at the hearing.

In doing so, it is necessary to file an application for the cancellation of maintenance and to submit it together with the evidence.

Application for cancellation of maintenance (model application)

It's important.

• Completion of payment by voluntary agreement
• Cancellation of payment through court
• Conditions for completion of payment through court
• In the event of a minor ' s majority or re-establishment of legal capacity
• Return to work, cancellation of need
• Adoption
• Death of the alimonyer or alimony recipient
• A mechanism for completing the child ' s payment of money in court, a statement and a package of documents for completing the transfer of money to children.
• When child benefits are not completed

The time limits for the payment and termination of maintenance are set out in the Family Code of the Russian Federation.

In some situations, the grounds for completing the payment are undeniable, and the suspension of the payment of maintenance itself takes place on a submachine machine.

Preparation of a claim for cancellation of maintenance

Discontinuation of maintenance payments

The child ' s adoption of the child ' s obligation to pay alimony shall cease when the child has been adopted.

However, if payment proceedings have already been opened, a special leave must be obtained from the Magistrate ' s Court to cancel payments or to suspend them within the scope of the proceedings.

This will require the following package of documents: • the birth certificate of the child (copy), • the passport, • the certificate of the composition of the family, • the certificate of termination of the marriage (copy), • the documents that will be able to confirm the facts on which the termination of the proceedings will be based, • the certificates of the decision of the stay, which must be in addition to the statement of claim.

What are the grounds for terminating alimony payments?

The procedure for rescission of maintenance through a challenge to paternity is not possible if the child has been adopted; family law considers that a citizen who has taken the decision to adopt must be held responsible for his or her child until the end.

The option of challenging affinity is not possible for children who pay alimony to their parents.

If adults have performed their parental duties, kept and raised minors, the fact of their blood relationship is irrelevant to family law.

The transmission of paternity to a citizen cannot give up a child in order to avoid maintenance obligations, but another person cannot adopt a minor if he has a father or a mother who has not been deprived of parental rights.

Sometimes the parents make an agreement, the biological father writes a rejection of the child, and the new stepfather here adopts him.

Cancellation of maintenance

The date of the divorce and the FIO of the former spouse, the date of birth of the child and the date of birth of the child; one or two proposals also mention the cause of the divorce; indicate whether the applicant has been deprived of his or her parental rights; download the sample.

A model of a claim for the annulment of child support is standard for all, but in the main part it needs to be filled with unique circumstances that will prove to the court the need to remove the plaintiff from payment.

It is necessary to write down all the arguments that may lead to the cancellation of payments and to refer to the evidence attached to the suit, if any.

The father then makes a claim after the word "please": to cancel the payment of maintenance, or to pay for the transfer of the child's property; the application must end with a list of the documents attached to it, and the date and signature must be retained.

Discontinuation of child support at the age of 18

It should be borne in mind that the amounts previously paid cannot be claimed back, the payments may be terminated after the court order has been issued; if the child has been adopted, the payments shall be discontinued.

The new parent automatically assumes responsibility for the maintenance of the minor; the deprivation of parental rights does not constitute grounds for the cancellation of the child maintenance obligations.

Upon the death of the parent living with the children, maintenance is transferred to a guardian or other relative who replaced the deceased.

How to Cancel Child Support: A Model Statement

The child has reached the age of 18 years, starting with the most common termination of maintenance: the child's majority; when the period of retention ends, the last day of maintenance ends on the date of the child's 18th birthday.

In fact, since the child was 18 years of age (see figure 1), alimony is no longer retained (art. 120, para.

Figure 1 Maintenance obligations before and after 18th birthday for an accountant is important because he will have to calculate the amount of income from which to retain the last alimony.

How to calculate the income from which to retain alimony for the last time, the responsibility for the late payment of alimony lies with the person who is obliged to pay it (article 115 of the Code of Criminal Procedure) on the day of birth of the first date; the simplest case in which the child ' s birthday falls on the first day of the month.

If the child becomes legally capable before reaching the age of 18, the court shall, on the basis of the payer ' s claim, cancel the payment; on the basis of articles 21 and 27 of the Civil Code of the Russian Federation, a citizen who has married before reaching the age of majority shall be deemed capable.

Even if there is a divorce, the law does not provide for grounds for the renewal of maintenance payments; a child who has started working with an official registration under the Criminal Code of the Russian Federation cannot count on the parent ' s material support.

This is not the case for seasonal work and vacation work; the start of business activities at the Tax Service allows the court to refuse to recover maintenance; the lifting of the penalty is possible in such cases only on the basis of a claim for the termination of maintenance of the payer, with a request for the interruption of payments due to the circumstances.

Source: Glavbuch Journal, where maintenance obligations are established by a maintenance agreement, they are terminated in accordance with article 120, paragraph 1, of the Family Code: in the event of the death of one of the parties to the agreement; in the event of its expiry; on other grounds provided for in the agreement; if the employee pays child support upon a court decision, their retention is terminated for the following reasons (art. 120, para. 2, of the Family Code): the child has reached the age of majority; the child has acquired full legal capacity before the age of 18; the child is adopted; either the parent paying maintenance or the child for whom they were paid has died.

We will consider how to proceed with the suspension of maintenance ordered by the court in connection with the child ' s attainment of the age of 18 years and the child ' s recognition of legal capacity until his or her majority.

As mentioned above, the court of the peace may cancel the payment by setting aside the court order on maintenance, and it is therefore necessary to place the package of documents, which includes:

• The passport of a person who is burdened with alimony;
• The child ' s certificate (usually a copy);
• Copies of the marriage and divorce documents;
• Family composition certificate;
• Documentation of reasons for the interruption of payments;
• An executive list on which money is collected;
• Requisitions of the decision on the basis of which the retention is established;
• Statement.

Payment may be terminated as soon as the judgement to set aside the order for recovery (payment) of maintenance becomes effective and the executive list must be handed over to the bailiffs who control the particular proceedings.

Samples of the application for termination of maintenance in connection with the death of the claimant

The Code of the Russian Federation provides for a couple of grounds on which the payer is exempt from compulsory payment, and there is a mandatory procedure for the abolition of maintenance, which we shall consider below, and payments may be cancelled in connection with the following situations:

Application for cancellation of maintenance (model application)

Rescission of the court order against Sidorov Mikhail Prokhorović, born in 1974 in favour of Sidoro Helena Petrovna maintenance for Sidorov Elizabeth Borisovn, born on 12 May 1997, amounting to 1.4 per cent of all earnings per month, from "April 1, 2001 until her majority.

Model application for cancellation of maintenance

• Name of court;
• Personal data;
• The circumstances that led the complainant to apply to the courts;
• The date on which the payer receives the maintenance order;
• Claims and their justification;
• Documentary confirmation of the payer ' s objections;
• Requirements;
• Signature;
• The date of the lawsuit.

Model application for annulment of maintenance and procedure for its filing

• Name of the vessel;
• Data of the plaintiff (recipient) and defendant (support payer): F.I.O., date of birth, address of residence and registration;
• Information on the award of maintenance (date and time of the court decision on recovery, record of the court decision and the executive document), the amount and form of payment of maintenance;
• Grounds for discontinuation of maintenance payments, reference to documents that confirm this;
• A claim for cessation of the payment of maintenance under family law.
• List of annexes;
• Date and signature.

Termination of child support payments

The ex-husband is obliged to pay child support from time to time, but sooner or later the question will arise as to whether the circumstances that led to their appointment have ceased to be valid and whether it is possible to reverse them.

Preparation of a claim for cancellation of maintenance

The circumstances are confirmed by _________________________________________________________________________________________________________________________________________________________________________________________________________________ (to provide evidence).

Application for cessation of recovery of maintenance for the former spouse and child: sample claims

1. Executive document on the award of maintenance: maintenance agreement, court order, executive notice.
2. Documentation of the debtor ' s enforcement proceedings is prepared and submitted to the court by bailiffs.
3. Other documents: cheques, checks, receipts.

Exemption from child support in connection with the child ' s death

Marina and Alexander, I'm sorry that they didn't post it on Monday, only that day the court's ruling came into force, and they got it in their hands.

I also report that yesterday a claim for exemption from maintenance was prepared, where the defendant : the guardianship authority of the children ' s place of residence is currently in place, and a third party, the employer, in the Magistrate ' s Court, accepted, will inform the conference of the future proceedings.

Cancellation of the recovery of maintenance for the death of the claimant

The payment of the State duty is a mandatory condition, so the documents provided in the package must include an appropriate receipt.

The amount of payment is calculated by the method set out in article 333.19 of the Code of Criminal Procedure.

The form contains items that are mandatory for filling in. If necessary, you will be able to consult the sample.

Cancellation of maintenance

In order to cancel the payment, it is necessary to file a lawsuit with the court, attaching evidence of the child ' s residence with the father.Such evidence may include a certificate of the child ' s registration in the father ' s apartment, as well as checks and receipts confirming that the dependent is in the care of the father.

Where to go and what documents are needed to cancel maintenance?

• The court ' s decision to terminate the execution of an executive document issued by it;
• The court ' s acceptance of the applicant ' s refusal to be punished;
• Approval by the court of the settlement agreement between the claimant and the debtor;
• Rescission of the judicial act on the basis of which the executive document is issued;
• The annulment or invalidation of the executive document on the basis of which the execution proceedings are instituted;
• Discontinuation of the execution of a judicial act;
• record the exclusion of a legal person (organization-revenue or debtor-organization) from a single State register of legal persons.

Application for termination of enforcement proceedings

With regard to situations in which the bailiff has the right to stop the case on his own, the law only allows for the recovery of maintenance; accordingly, when the recipient or payer dies, the FSPF inspector closes the proceedings without a court order.

Maybe Lee Mother-in-law can be the godmother of his child.

Termination of enforcement proceedings in connection with the death of the debtor

Note that Act No. 229-FZ "On execution proceedings" does not provide grounds for the termination of the case, such as the child's reaching the age of majority; if the child's son or daughter has reached the age of 18 but under maintenance obligations there is a debt, the bailiff will not terminate the execution until the debt is settled.

Discontinuation of maintenance enforcement proceedings

If the father is deprived of his parental rights or simply gives up his child, the obligation to pay alimony will not cease.

How to Cancel Child Support: A Model Statement

• Death of the payer or recipient of maintenance.
• The grounds provided for in the text of such an agreement, if any, are to be met.
• The child's full age.
• Rehabilitation of working capacity (for disabled children).
• Adoption of a child whose maintenance has been awarded.
• If one of the spouses received alimony on the grounds of incapacity for work, the cancellation takes place after the restoration of health.
• When a court awards maintenance for one of the spouses, remarrys.