How mothers refuse child support - voluntary refusal of child support (model) - how to write a claim of non-support

Support for children is provided by the legislation of the Russian Federation; it is compulsory, but a number of conditions can be met by refusal, which will mean the termination of the security.

This rule applies only under special circumstances and has many nuances.

It will also have to be borne in mind that voluntary waiver without established grounds constitutes a breach that results in various forms of liability.

Can child support be waived?

There is no direct termination, so most of those who do not need to be secured by another person do not apply for it; the format of the refusal will depend on the reasons, in the form of legal grounds, and these grounds must be in full conformity with the law.

Under an agreement, it could be replaced by a new one, and a special declaration would be required in a court decision; it was important to bear in mind that any violations of the rights of the child were unacceptable.

Grounds for refusal of maintenance

1. Change of paternity or adoption: If there is a non-biological father ' s birth certificate, the carer will be tested if he wishes, and if he wishes to do so, he may request the court to remove him from the certificate, which means that the application is automatically terminated. If the same procedure is carried out by the mother, if the adoption process is carried out with the consent of the second parent, the maintenance obligation shall be withdrawn, since the security is now performed by another person.
2. Moving a child from one parent to another. Maintenance obligations may be imposed on any parent. If the child is living with the mother, the father is the alimonyer. If the situation has changed, the alimony is removed from one person and placed on the other.
3. Set-off: An example of the netting of property will be the transfer of property or other benefits by one spouse to another, with further termination of maintenance, but for such a procedure, an agreement must be concluded which specifies the period of non-payment or full waiver.
4. Re-establishment of the family: In re-establishment of the family, i.e., the spouses live together again, maintenance payments continue to be made, which means that, in order to stop this procedure, it is necessary to write a statement that would terminate the maintenance on that basis.

Read also: Parental rights in 2023

Who can initiate?

Either parent may initiate the initiative, but on special grounds; for example, under an agreement, the initiative may belong to both parties, but only the alimony recipient may terminate it.

Article 101 of the Family Code

The disputed transaction may be considered as such in the event of a violation of the rights of the challenger; if there are violations of the law, such as violations of the rights of the child, this option of the agreement shall be considered null and void.

If there is a court decision, the withdrawal is subject to an appeal by the carer, but the claimant has the right not to transmit an executive order to the bailiffs.

If an executive record has been handed over to the bailiff, who is the executioner of the case, only the recipient of the funds may withdraw it, but there is an exception in the form of a challenge to paternity; if there is a court order that the citizen has no blood relations with the children, he may file a claim for cancellation of the security.

It must be borne in mind that the beneficiary of maintenance may, after refusal to receive maintenance, apply again to the court.

Article 101 of the Family Code of the Russian Federation: Procedure for the conclusion, execution, modification, dissolution and invalidation of a maintenance agreement

Consequences of non-payment of maintenance

• Formal exemption from material assistance;
• Maintaining the possibility of further requesting security from the date of circulation;
• Absence of influence on parental rights.

There is an important point here if any conditions have not been met, such as the non-compliance with the terms of the contract, the guilty party can be held accountable, and in the future it will be deprived of its parental rights, as in the case of the usual non-payment of funds.

It must be borne in mind that the refusal of children does not constitute withdrawal of maintenance, except in cases established by law; the deprivation of parental rights for various violations, in particular the child ' s right to maintenance, also does not eliminate the need for material assistance in the amount specified in the agreement or by the State.

Waiver of maintenance in the form of maintenance agreement

The agreement provides for the consent of the parties to the alternative, which is set out in the instrument; such a contract must have a notarization; two other conditions are the correct and complete filling and the absence of evidence of nullity or disputability.

Only if all legal regulations are complied with will the instrument have legal force.

Attention should also be paid to ensuring that the agreement takes into account the interests of the child and does not violate his or her rights in any form.

Necessary documents

Several documents will be required for the contract to be processed in a notary office:

• Participants ' passports;
• The child ' s birth certificate and his/her passport, if any;
• An old-fashioned agreement, if any.

Additional documents should include a receipt showing the payment of a State duty and the paper on the property to be transferred.

Read the same: How can a husband be divorced if he is in prison?

Content of the waiver agreement

The form of the agreement is not prescribed by law and therefore has a standard form with mandatory content.

• Address and name of the notary office and date of issue;
• The parties ' data;
• Information on the minor;
• Data from the previous agreement, including the number;
• The date of the beginning of the operation;
• Date of issuance and signature of decrypting persons;
• Data on the process of avoidance of the contract in connection with the provision of various benefits, property with a complete inventory and their documents.

It will be necessary to pay careful attention to the transfer of property, as well as to the time for which the person is exempt from the payment of the goods transferred; all real estate or other tangible goods must be owned by the person to whom they are transferred on the basis of established ownership documents.

Model maintenance agreement

Refusal after obtaining a court decision through bailiffs

In court proceedings, the former spouses have the right to enter into a settlement agreement; if this has not occurred, the executive record shall be handed over to the bailiffs, which may be withdrawn by means of an application from the claimant.

An application shall be filed for this procedure, which shall be considered by the implementing officer, followed by the issuance of an order, which shall be transmitted to all parties in person or by mail; the entire process shall take five working days.

It will have to be borne in mind here that the statement must be correct.

Documents

The Russian Federation ' s own application and passport will have to be provided from the documents; the State is not paid for when applying to the bailiff ' s office.

Content of IL withdrawal statement

The withdrawal of the executive list is carried out after the application has been written to the staff member in charge of the case.

• Address of the SPF and its full name;
• Data of the judgement, including the number and date;
• F. I. O. maintenance recipient, i.e. the child and its date of birth;
• The data of the recoverer;
• Information on the implementation sheet in the form of a number and date;
• Date of entry into the production of ILs;
• Date with decrypted signature;
• Request for return of the sheet as well as termination of maintenance.

If the application form was not completed correctly or any type of error, including spelling or factual errors, the document would not be accepted.

Model application for withdrawal of the execution sheet

Refusal of maintenance through the employer

The payer ' s executive list, when officially employed, is transferred to the organization in which he works; in such a case, an application must be made to the employer or accountant; only the applicant can do so. Once a positive decision has been received, the list is sent by post or delivered in person; the process itself lasts no longer than a week.

It is important to keep contact, in particular the telephone number on which the decision will be communicated.

Necessary documents

In order to apply to an employer or an accountant, it is necessary to have a completed application that complies with all the requirements for registration, as well as a passport, and to provide copies of the child ' s birth certificate and the performance sheet if there are reasons to do so.

Contents of the statement

The document contains several mandatory paragraphs.

• All information concerning the organization, including address, name;
• Information on the manager to whom the appeal is made in the form of F. I. O. and post;
• Data on the payer, in particular personal and workers, e.g., the post;
• The data of the recoverer;
• Information on the child;
• The completed form of the request for return of the sheet;
• Date of compilation as well as decrypted signature.

The form has a standard form.

IL withdrawal form

Under the law, maintenance obligations could not be waived except for a number of regulated grounds; in other cases, temporary termination could take the form of an agreement with certain conditions or withdrawal of the performance sheet.

Most of the options are parties ' agreement, but most of the possibilities for the procedure are the party that receives the funds.

A special statement, the form and content of which will depend on the option of receiving payments, must be properly issued in order to prevent the receipt of funds.

How do you give up child support?

For various reasons, many parents wondered how to avoid child support, and there were many objective and subjective circumstances to clarify the issue.

Refusal of alimony payments is permitted

An official refusal of maintenance for a child who has already been appointed shall not be permitted by law, since:

• Maintenance payments are not intended for the recipient but for the child;
• No one may deprive children of their legal rights to financial support from both parents.

However, the law allowsVoluntary formal waiver of compulsory payment.

In this case:

• The recipient does not apply to the court or to the SPF for judicial action;
• There is no recovery of maintenance, since all these proceedings are initiated solely by the claimant, and no one can compel a person to submit these acts to the authorities.

However, if both parents clearly fail to fulfil their responsibilities for the maintenance of their children, or if one of the parents fails to meet the financial requirements of his or her children, the guardianship authorities, after conducting their examination of the relevant facts, will protect the child and, by virtue of their powers, they may apply to the court for maintenance.

Council: A parent who voluntarily waives a material claim to a second parent to bear the burden of a joint child should consider several times before making a final decision, since he too is responsible for the material well-being of his child and for the measures he is taking to provide for it.

Reasons for refusal of maintenance

There may be many reasons for formally refusing alimony:

1. Psycho-emotional factors are most common, where one parent simply does not want to talk or see another parent, but this is no reason to compromise the rights of the child;
2. Refusal of financial claims may also be required by the prospective payer himself, blackmailing the other with his/her possible actions (inactivity), for example by refusing in the future the removal of a child outside the Russian Federation, depriving him/her of his/her parental rights by publishing some scandalous information;
3. An oral promise by the second parent to volunteer to support the child;
4. A one-time payment of a large amount, which may cover all future expenses, or the transfer of some significant property: home, apartment, land, etc.;
5. The high income of the legal representative with whom the baby was left.

This is certainly a valid reason, but the income level of both parents has no effect on the very equal legal force of their obligation to provide for their child.

Every situation is individual, so it's up to all parents to decide whether or not to collect alimony.

None of the above reasons can be a legitimate reason to refuse child support, and what the mother and father do by mutual agreement has nothing to do with the law and remains solely on the conscience of the people.

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Formal failure is formalized in several ways.

The specific variation depends on the circumstances that are closer in substance to the parties to these legal relations.

In practice, the following procedures are used:

• Pending the payment of court fees;
• After the court ' s decision, but before the enforcement proceedings;
• After the notary agreement has been signed.

Model application for waiver of maintenance:

Pretrial agreement

The party shall not file any application with the court; if the mother can provide a decent maintenance for her child, the guardianship authorities may not notice any trick.

But legally, the mother and father have legal obligations to provide financial support for the co-baptism, so no one can evade such obligations or prohibit their share of children's expenses.

Judgement

In the event of divorce, the court must mention the continued maintenance of minors in its decision; in order to avoid alimony, parents must conclude a settlement agreement on voluntary payment.

If the judgement is already in place and the payment is made, then it is up to the applicant/claimer to do so.

The court of first instance may also lodge an appeal with the peace agreement and the reference to article 326.1 of the Code of Criminal Procedure, in which case the decision of the court of first instance will be quashed and the settlement approved by the appellate court.

Either the wish to conclude a settlement agreement can be stated directly at the appeal hearing.

In this situation:

• An entry will be made in the record;
• The settlement agreement, once signed by the parties and approved by the court, will be deemed to have been concluded;
• The decision of the court of first instance will be revoked.

download for viewing and printing:

Article 326.1 of the Code of Civil Procedure of the Russian Federation, "Defence of the plaintiff, recognition of the claim by the defendant, settlement agreement of the parties before a court of appeal"

Notary agreement

If maintenance payments are made on the basis of a notary agreement, they may be terminated by the avoidance of such a document.

You can do this:

1. By drawing up a notary agreement, in which case the consent of both parties is required; when they visit the notary jointly, a new act is drawn up to repeal the previous agreement;
2. It's only one parent's wish.

One-sided waivers are not permitted.

If the mother and the father have agreed upon the maintenance of their child by a notary or other documentary agreement after the commencement of the execution proceedings, then you may also try to set aside the compulsory penalty on the application of the recipient to the court, in which case the court shall consider the application and, if it is not found that the child ' s rights will thus be infringed, it shall decide to set aside the penalty.

The decision is transferred to the SPF and enforcement proceedings are discontinued.

However, the Court finds in most cases that the annulment of the earlier decision is inadmissible, as it would violate children ' s rights to decent security on the part of both parents.

There are no other legal possibilities for formal waiver of alimony by law.

Council, if you are asked to enter into a maintenance agreement or a contract, you will be deliberately misled; such an act will have no legal effect and you will not be able to apply it.

Look at the video on how to write a maintenance waiver.

7 January 2023, 21:31 Mar 3, 2023 13:28 Leaves to all Reference to current article

How to Refuse Child Support — A Model Statement and the Consequences of Ending Maintenance Obligations

The payment of maintenance may be a burden for the former spouses, and the payer is obliged to pay too much; sometimes the mother of the child does not want to use the money to avoid being obligated to the minor ' s father; in some cases, the recipient of the maintenance begins to find out how to refuse payment.

Legal grounds

The rules relating to the material security of children by parents are grouped in chapters 13, 16 and 17 of the Russian Federation. In these sections it is possible to find rules for the calculation of compulsory payments, ways of establishing obligations, etc.

If a citizen is interested in whether voluntary maintenance can be waived, he or she should study the chapters cited. Article 80 of the UK sets out the obligation of every citizen to provide for a child until he or she reaches the age of majority, but does not specify a mechanism for exemption from maintenance.

Cash will not be transferred in the following cases:

1. The child was adopted, and in this situation the duty to provide for the minor is transferred to the new parent, and the ex-husband is released from her.
2. A citizen has become fully capable of marriage or has reached the age of 18.
3. Discontinuation of the payment of maintenance in connection with the death of the payer or minor; if the second parent with whom the child was living has died, the obligation to contribute is reviewed depending on who is now responsible for the upbringing of the minor.

The voluntary refusal of maintenance is not possible, even if both parents consider the decision to be correct, and the child ' s interests are then protected by a local guardianship authority: specialists request the court to order a citizen living separately to pay the money on a regular basis.

If the parties voluntarily set a schedule and amount of payment, the waiver of maintenance may be hidden; for example, the ex-husband does not compensate for the costs and the mother of the child does not file a claim.

However, the consequences of such a decision should be taken into account.

If the wife wants to collect money from previous periods in the future, she will have to prove that the second party to the oral maintenance agreement did not.

Conclusion of agreement

Citizens can decide for themselves how and in what amount a parent living separately will transfer the money to provide for the child; the persons shall draw up a maintenance agreement, sign it with the notary and execute it.

A written waiver of maintenance is not possible because such a document will be declared null and void under article 102 of the Code of Criminal Procedure. The guardianship and guardianship authority will determine that such an agreement violates the rights of the child because it makes his or her financial situation worse; it is the minor, not the parent, who is the recipient of the money.

The ex-husband pays alimony by mail, but the child's mother doesn't take the money, and in this situation it will be assumed that the debtor is carrying out his duties.

Article 120 of the Code of Criminal Procedure states that the termination of maintenance obligations is possible at the expiry of an earlier agreement, but the obligation to maintain the child remains in any case; in the absence of written agreements, the general procedure for the maintenance of minors becomes effective.

Judgement of the Court

If the citizens have failed to reach an agreement, the child ' s parent may apply to the court; the State authority shall, on the basis of article 81 of the Criminal Code, determine the amount of the mandatory monthly payments.

The court ' s decision may be carried out voluntarily or by force, but such a legal act is binding on all citizens and organizations; a parent raising a child may not unilaterally refuse to receive money.

The model application to the bailiffs for revocation of the executive list contains:

• The name of the fund-raising division of the SPF, its address;
• Information on the applicant: F.I.O., address of residence;
• Data of the payer: F.I.O., place of residence;
• Information on the execution process (when and by whom it was initiated), the details of the execution sheet;
• A description of the circumstances that lead to the refusal to receive the money;
• Request that the executive list be returned and that the production be discontinued;
• Date, signature, name and initials.

download on Word [27.50 KB]

The employees of the SPF are obliged to return the document pursuant to article 46 of Act No. 229-FZ of 02.10.2007, but this does not render the executive page null and void; therefore, the former husband will not be considered as the debtor unless the previous decision has been quashed by the courts.

Litigation from maintenance by the courts

Article 119 of the Criminal Code establishes the possibility of total exemption from maintenance for a child; the law does not explicitly specify the circumstances under which the court makes such a decision.

In practice, the following circumstances are taken into account:

1. Material situation of the child: It must be established that the parent raising the minor has sufficient resources to ensure his or her development.
2. The debtor ' s difficult economic situation: The husband pays alimony from the disability pension, while he himself needs medical treatment and rehabilitation.
3. The second parent and the guardianship and guardianship authority do not object to the debtor ' s exemption from the obligation to pay alimony.

In order to substantiate these circumstances, the parties shall produce the relevant documents.

The moral and ethical grounds for refusing to pay are not taken into account; the money is given to the child and not to the parent, so the personal relationship of the former spouses is irrelevant.

This is particularly true in cases where the obligation is established by agreement or by a court decision, the consequences of which may be negative for a parent living separately; the citizen will be obliged to pay the arrears and the penalty for the delay.

How to Refuse the Child ' s Mother ' s Maintenance

There is now a situation in which a woman is trying to formally refuse cash assistance and take it away from her.

It can happen for a variety of reasons, mainly influenced by the psychological side.

How can you voluntarily leave money to raise your children?

Before we know if we can give up maintenance, we need to consider the reasons why people don't want help.

• The difficult relationship between a woman and the father of a child;
• Other arrangements under which money will be paid;
• Low incomes for the second spouse;
• The transfer to the child of any securities or valuables that have been transferred in order not to make monthly payments;
• The fact that a mother needs to go abroad with her children and obtain permission from their father.

If you do not wish to receive material assistance, one of these reasons must be written in the contract in order to achieve the desired result.

Refusal of funds

A mother's refusal to receive child support is, of course, a wrong decision in relation to her children. Of course, the second parent is also unjust in not paying the money due. The Family Code of the Russian Federation states that denying material assistance is illegal and that ex-wives thus violate the rights of their children.

If it turns out that he is very low and that his mother does not want to take alimony, he will apply for financial assistance.

If you have a firm decision, write down a waiver of maintenance.

Refusal of maintenance

To understand where it is necessary to turn away money, you need to find out at what stage the recovery process is going on. It could be a court of law, a bailiff's office or a notary office. So, how do you process the withdrawal of maintenance? Where should you turn to in different cases?

Pending the court ' s decision

If a girl immediately decides that she can take care of her children and she doesn't need money, she shouldn't go to court at all.

Another situation is that a marriage has been registered, that in order to divorce a person with a small child, it is necessary to go to court, in which case there is some evidence that the court will decide that the mother does not need cash assistance.

A good option is to draw up a maintenance contract in a notary office between the parents. The court will take it into account. If the arrangements do not violate the rights of minor children, you will be able to achieve the desired result.

A notary's license

If the ex-wives entered into a maintenance contract a few years ago, they will be able to terminate it. In order to issue a notary waiver of financial assistance, a new mother ' s application for maintenance is required, which will have to be confirmed later by the notary.

• Passport;
• The birth certificate of the child;
• written by you, a maintenance agreement.

As we have previously considered, this agreement can be witnessed if it does not violate the rights of the child; of course, the refusal of cash assistance will give rise to suspicion; to avoid it, it is necessary to prove that the former spouse has paid a large lump sum or transferred the property.

Only those funds could not be less than the amount that had to be accumulated from all payments under the old contract, in which case the notary would have no impediment to the issuance of the document.

After commencement of proceedings

If a court decision providing for the payment of child maintenance money had been taken but enforcement proceedings had not been opened, it would be easy to decline to receive assistance.

In fact, you can stop at this point, because until you bring the executive document to the bailiff, the money will not be recovered.

Even if the executive document had already been handed over to the relevant authority and the money had already been recovered from the parent, the action could be dismissed; in order to do so, a statement must be made to the bailiff.

You can download a sample of the cut-off claim here.

The parents' refusal to pay maintenance will be approved if there is a significant reason; if you choose not to receive money temporarily from the former spouse, you will need to specify a time frame.

This agreement should be written in an arbitrary form, but it should state:

• Name and address of the marshal department.
• Information on ex-husbands.
• It is necessary to indicate when and by whom the court decision was rendered and when the case was brought to trial.
• You have to write a request to stop the production.
• The reason should be stated in the agreement.
• at the end, indicate the date and sign.

The first one will be left by the bailiffs and the second by the mother, where the acceptance mark will be placed.

How to obtain assistance after the maintenance agreement has been drafted

If you wish to make a new maintenance contract, you will have to terminate it, and if you wish to make a new agreement, you will need the consent of the two spouses, and if you are to refuse to provide financial assistance in the proceedings, you will have to apply to the court, after which you will have to take a court decision, you will have to take an executive note and return to the bailiffs.

In accordance with the law, the payment of alimony may be renewed, and it is necessary to come to the office where the bailiffs work, and to write an application for financial assistance; unfortunately, it will not be possible to re-apply for the payment of money until after three years of re-application.

The parents ' notice of non-payment of maintenance may be facilitated if the executive document has not yet been submitted to the bailiff ' s office after application to the court; otherwise, of course, the payment may also be refused, but it is necessary to refer it back to the court; after explaining the reasons for the refusal, the relevant authority may agree to the mother ' s request.

Any questions left?You can consult a lawyer to ask your question in the form below, in the window of an online consultant on the right at the bottom of the screen, or call the numbers (round the day and without the weekend):

• +7 (499) 703-35-33 ext. 507- Moscow and the U.S.;
• +7 (812) 309-06-71 ext. 155- St. Petersburg and the U.S.;
• +7 (800) 777-08-62 ext. 132- All regions of the Russian Federation.

How to Refuse Maintenance

It seems strange, but the refusal of maintenance on the part of the recipient is common, and the reasons for this are most often in the field of psychology: the child's parents want nothing to do with it.

In other cases, the parent with whom the child lives is motivated by selfish motives.

Some say, for example, that if they refuse to receive payment, they will later be able to deprive the former husband or ex-wife of their parental rights on the basis of malicious evasion of alimony, but all these assumptions are unfounded.

Why you can't officially give up maintenance?

Therefore, if a parent refuses to accept money from the former second half to support their common child, the child ' s rights are violated; therefore, it is not possible to formally refuse maintenance, for example, through judicial proceedings.

Refusal of maintenance is often the subject of a trade in former spouses, for example, the former husband does not sign a permit for the child to leave the country until the wife gives up her claims.

In fact, it is illegal to demand that maintenance be waived, and such a blackmailer can easily be held criminally responsible and deprived of parental rights.

How a refusal can be formalized

Refusal of maintenance is done informally. The simplest way is "silent." So the parties don't go to court or a lawyer to make a maintenance agreement, they just break up the marriage and they don't bind each other to any action.

If both parents are not interested in providing maintenance, the child ' s interests may be defended by the guardianship and guardianship authority and even the prosecutor, by initiating an investigation, and in some cases the parent does not collect alimony and debts because the second parent has made a number of concessions, such as:

• I gave it to the kid.
• Handed over a large sum of money to his ex-wife.

It is more difficult to refuse to receive maintenance in the following cases:

• Once the maintenance has been ordered by the courts.
• After the enforcement proceedings by the bailiffs have commenced.
• After the conclusion of the maintenance agreement.

In order to prevent a court hearing, the parties may conclude an agreement, but if no one objects, the terms of the agreement will not be fulfilled, which means that the agreement will be under the scum, and no one will use it.

In the event that the execution proceedings are initiated, the beneficiary of the maintenance may formally refuse to receive the money, and the bailiffs will have reason to close the case.

There is another way to formalize the refusal, but subject to the following conditions:

• A voluntary agreement was reached.
• The documents were certified by a notary.
• Life circumstances have emerged that have had an impact on the material and social situation of the parties.

The agreement could then be amended, for example, to suspend the maintenance payments indefinitely until the payer ' s capacity to pay had been restored.

Re-treatment after refusal

The recipient has the right to apply to the court at any time for the recovery of maintenance and its arrears, even if there is a written receipt or agreement; the recovery takes place according to the normal procedure.

The child has the right to recover the debt after reaching the age of 18; even if his parents have concluded an agreement that "no one should have anything to do with it", he has the right to sue for maintenance over the past three years; the parents' agreement will be deemed null and void, and the court will oblige the defendant to compensate the applicant for all debts over the years.

Refusal of child support

Psychology is at the heart of the refusal to pay maintenance, since there is no logical basis for the voluntary withdrawal of funds, even if the parent ' s financial security is high.

When a parent or guardian refuses to receive funds, it is on behalf of the child that maintenance is intended to ensure his or her comfortable and smooth existence up to the age of majority, whether extracurricular development or learning, rather than to improve the material well-being of adults.

On the basis of the UK of the Russian Federation and the Children's Rights Act, the subjective right of any child is the obligation to provide parents with and receive money from a parent who does not pay alimony voluntarily.

The current judicial system completely excludes the positive outcome of maintenance claims and provides for cases in which recovery may be initiated by the guardianship and guardianship authorities if both parents do not wish to do so, but in practice there are several instruments that allow for the actual non-payment of payments.

Reasons for refusal

The most common reason for refusing alimony payments is the emotional reluctance of one of the spouses to depend on the other, but there are other options that have a more rational basis:

• When the refusal is required by the payer on whom the consent to the child ' s removal to another country depends;
• The grounds for depriving the spouse responsible for the maintenance and maintenance of the child of his or her parental rights are hidden;
• The payment of maintenance in a lump sum sufficient to support a child up to the age of 18 is appropriate in cases where the parent ' s non-official income is not available and it is not possible to legalize their transfer.

However, in a given situation, the law of the Russian Federation regulates the absence of a reason to limit the child ' s rights to the cancellation of maintenance; therefore, the refusal requires careful preparation of documents and strict observance of the procedure.

Cancellation

Refusal of maintenance payments depends on the situation of the parents:

Situation	Decision
Before the court order for maintenance	It's simple: the parties simply do not file an application with the court and live separately by agreeing to refuse maintenance. If the child receives adequate financial support, and there is no reason for the guardianship and guardianship services to intervene, it is the best option, but if one of the parents wishes to pay for the maintenance of the child on legal grounds, the guardian or guardian cannot refuse to pay for the maintenance of the child.
Pending the court ' s decision to pay maintenance	In divorce cases, the court has the power to decide on the child ' s future maintenance if he or she is a minor; however, maintenance may be avoided in court proceedings by means of a settlement agreement providing for their payment on a voluntary basis.
Immediately after the decision of the court	The defendant must appeal against the judgement by way of appeal and then submit to the Magistrate ' s Court the settlement agreement signed by both parties in accordance with article 326.1 of the Civil Code.
During appeals proceedings	The parties must declare their wish to conclude a settlement agreement, which will be reflected in the case file and, at the end of the proceedings, the defendant and the plaintiff will have to sign it.
In the course of the proceedings	The parties need to write an application under article 440 of the Code of Criminal Procedure. The Court will consider the instrument adopted and decide: the verdict will be given to all parties to the case, including the bailiff, who will terminate the proceedings in the executive proceedings. Important point is that, in accordance with article 39 of the Code of Criminal Procedure, the court will refuse a settlement agreement or a waiver of maintenance if it may harm the rights and legitimate interests of the children in the form of material security on the part of the parents.
After the conclusion of the child support agreement on a voluntary basis	If there is a payment agreement concluded by mutual consent of the parents, the document may be terminated by notarization under article 101 of the UK. If not, avoidance is only possible in a court case, as only one of the parties may refuse.

Refusal: Most often, the refusal of maintenance is required in the course of the execution proceedings, and the court ' s decision is required in order to terminate the execution; this is done by writing and filing the plaintiff ' s application.

Model application for waiver of maintenance

To download a sample of the application for waiver of maintenance:

Refusal of maintenance is an almost impossible procedure from the point of view of the law; however, if there are compelling circumstances, and provided that the refusal does not harm the child's financial support, it is possible to find tools to stop payments.

Refusal of maintenance

Maintenances are the means to support children, parents, and spouses for a number of objective reasons: underageness, incapacity, and material hardship.

It must be understood that the article describes the most basic situations and does not take into account a number of technical points.

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A common practice in Russia is the maintenance of young children by a parent who does not live with his family.

This is not provided for in the law, as the refusal of maintenance is considered a violation of the child ' s right to maintenance by parents.

But it is possible to refuse to receive maintenance, although the procedure is illegal, despite the fact that the parent has the means to support the child on his or her own.

If, however, you are firmly convinced of the decision to discontinue payments by your spouse, do not forget that there are serious payments by your spouse.The consequences of the abandonment of child support:: You may be deprived of your parental, guardianship rights if the other party has a claim in this regard and brings a refusal to the court.

This is not the case where a parent refuses to pay the child ' s maintenance; this entails not only arrears in the period of maintenance but also criminal liability.

Reasons for refusal to pay maintenance

The reasons whyVoluntary waiver of maintenance:

• The deprivation of parental rights due to the adoption of a child by another person (e.g. the mother ' s new legal husband adopted the child);
• Lack of blood relations with the child following the paternity determination procedure;
• The child ' s move to the parent, which paid alimony, for living;
• The child became able to work;
• The parent has not been responsible for the upbringing, maintenance and care of the child (impairment of the rights of the guardian or of the mother (paternity), e.g.);
• The family is provided well enough, so there is no need for support from the former spouse.

Many refusals are motivated by moral principles, but such reasons have no legal weight in the preparation of documents.

If the parent has refused to pay anything, but the financial situation has changed to the worst, it is always possible to renew the claim.

Refusal of maintenance

How do you get a maintenance waiver?There are three ways:

1. An agreement with a notary.
2. Through court proceedings.
3. Through the bailiff.

Method OneThe fastest and most effective way to deal with the issue is to notarize the parties ' receipt of voluntary waivers in favour of a common child.

Application for waiver of maintenanceyou can download on the website and write a document yourself according to the form thatThe notary's gonna make sure..

You can look and download here:

In doing so, your decision must not be unfounded: you must have substantial reasons for refusal and proof that your family is not experiencing material difficulties; otherwise, the lawyer will not take the risk of formalization if there are clear violations of the rights of the minor child.

If you need maintenance for a certain period of time, you can make an agreement between the spouses to pay maintenance.arts. 100-103 of the Family Code) You can change the refusal agreement later.

Maintenance may be not only cash payments but also property; for example, a parent may be exempt from the payment of maintenance in cash equivalent for a period of time (i.e., an apartment left behind by a child) (i.e. a parent may be exempted from payment of maintenance in cash equivalent).article 104 of the Family CodeThis may be used by mutual agreement in the treaty.

Way two.Pre-trially do not file a claim for maintenance; this will greatly facilitate the procedure; since the judicial procedure does not provide for a waiver of maintenance, you will be asked to draw up a settlement agreement for the payment of maintenance.

Way three.If, however, maintenance is ordered by the executive list, the claimant may simply inform the bailiff that you do not need to receive payment, rather than refer it to the executive service.

The decision will not be implemented, and the executive notice may also be revoked if the payment court ' s decision has already been implemented.

However, if your decision is changed by means of it, the recovery of maintenance may be renewed until the child ' s majority.

In connection with divorce proceedings and the question of maintenance, the local or district court may, if it is not available in your residential area, refer to the competent lawyers and notaries for the processing of claims and documents, and the bailiffs may be contacted after the execution proceedings have been initiated.

List of documents for waiver of maintenance

• For notarization of maintenance:
• For the settlement agreement:
• For withdrawal of the performance sheet:

• A copy of the passport;
• Application for an executive list.

Conclusion

Refusal of maintenance is only notarized, although there is no such right under the law.

1. No court will hear or approve a claim to refuse material assistance to a child.
2. Your reasons must be truly objective and valid for the lawyer to approve the document.
3. The child shouldn't get hurt if the alimony from the parent isn't paid.
4. If a lawyer agrees with his or her ex-husband, he or she can file a refusal document.
5. Refusal of a child shall be exempt from maintenance only if there is no blood link with the child.

List of laws

• Chapter 17 of the SC of the Russian Federation;
• Articles 100 to 103 of the Russian Federation;
• See article 104 of the Russian Federation.

Model applications and forms

You will need the following sample documents:

• An application to refuse maintenance.

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