How not to pay child support legally — when it is possible not to pay child support

Family law > Maintenances > In what cases is it lawful not to pay alimony?

• How does Russia not pay alimony legally?
• The question in itself seemed strange, as such payments were provided for by law.
• Still, payers can take advantage of certain nuances that can help to avoid the payment of child support by legal means.

Maintenance payments under the law

Is it possible to give up the child and the child's maintenance? The same question befell many unhappy fathers who do not want to spend their money on their children after divorceing their mother.

However, child support payments could not be stopped on their own, so that could be done only for good reasons.

No changes were made to the Act in 2023 and no relief was granted in the payment of maintenance.

Maintenances are compulsory payments, the payment of which is prescribed by law, and the evasion of payments is punishable, including criminal penalties.

But there are situations where their size can be legally reduced or rejected.

Since the majority of contributors in Russia are fathers, this article will consider what will happen if child support is not paid and where it is possible.

Legal means of avoiding maintenance

Fathers are required by law to pay alimony for their children up to the age of majority, but if the child is disabled, the child ' s maintenance is paid after the age of 18.

However, not every father is willing to support his children after a divorce from his mother.

As a result, they're looking for ways to avoid payments and not pay them back, and it's hard to avoid them, but it's theoretically possible.

There are only a few ways to avoid the payment of alimony legally:

1. In lieu of child support, transfer of immovable property (housing, garage, etc.) - article 104 of the Family Code of the Russian FederationHowever, this option requires the consent of the guardianship authorities; in addition, such a replacement takes place only if there is a maintenance agreement, i.e. it is not possible in the case of alimony ordered by the court; in addition to the payment agreement, the father also requires authorization from the guardianship authorities, allowing such performance of the parent ' s responsibilities towards the child, and a notarized gift contract.
2. Adoption of a child by a stepfatherWhen a former wife remarrys and a new husband adopts a child, his biological father may renounce paternity and not pay alimony.
3. A father raising a child himself, i.e. taking him to himself.But if the child has reached the age of 10, the child's wish will be taken into account, but if the father decides to take the children away from the maintenance, it will be more expensive for him.
4. Refusal of affinityMany men who learn of adultery ask, "How to avoid payment of maintenance if the child is not mine?" In order to do so, the court will need to present incontrovertible evidence of the absence of affinity, since according to the law, the father of all children born during an official marriage is the husband, unless proven otherwise.
5. The child got a job before he reached the age of majority., i.e., became capable of work.
6. Maintenance agreement ended.
7. Death of payer or child.

It should be borne in mind that if the court did establish the father ' s obligation to pay alimony, but did not do so, then the child ' s debt would not go anywhere upon reaching the age of majority or employment.

The parent still has to pay the debts, otherwise his property and bank accounts will be seized.

Abstention from maintenance on the former spouse

The law also provides for nuances as to how to not formally pay alimony to a former wife if she is unable to work, pregnant and raising a child under the age of 3.

Under the law, a spouse may avoid alimony for his or her ex-wife in the following cases:

• In a short marriage;
• In the event of the spouse ' s misconduct during the marriage, but the scope of the conduct is decided by the court;
• In cases where the former wife ' s inability to work is due to criminal acts, alcohol or drug abuse;
• When the marriage is declared null and void.

Ways of reducing payments

Those payers who ask, "What to do if I can't pay alimony or if it's too big?" can take advantage of the following nuances:

1. Provide evidence to the court that maintenance is very highFor example, when a payer enters a new marriage in which he has yet another child, the court may reduce the amount of the payment in order to avoid keeping the child from the first marriage at the expense of the other.
2. Loss of work or serious illness requiring expensive treatmentIn such circumstances, alimony may not only be reduced but may also be cancelled at all, but such a decision may only have provisional effect, so the court will determine how much it is not possible to pay and when the payments must be renewed.
3. Set up a maintenance agreement in the event of a divorceIn the case of a good relationship between the former spouses, the father of the child may agree with his mother to pay maintenance, the amount of which shall be agreed upon by both parents.
4. Prove to the court that the ex-husband spends alimony on himself and not on child support..
5. If the child is a full-time student at a higher education institutionthe amount of maintenance payments may be substantially reduced.
6. Provide income certificate with specially low earnings.
7. To apply to the court for a firm amount of maintenance.

Refusal of maintenance by the mother

The parent of the child with whom he or she lives (mostly the mother) cannot refuse maintenance because it is contrary to the child ' s interests.

Even if the mother writes a receipt that she refuses these payments, such a contract is legally null and void.

However, there are two ways in which it is legitimate not to pay alimony at the request of the recipient:

1. To apply to the court for a reduction in the amount of maintenance or a total waiver of it, with a substantial improvement in the financial position of the recipient.
2. Make a statement to the bailiffs recording the withdrawal of the execution sheet as well as the termination of the payment of maintenance.

Conclusion

All parents are obliged to support their children until their majority.

But there are situations in which even conscientious payers become unable to support their children, so they have to wonder in which cases the father may not pay alimony.

It is not uncommon for a father to ask such a question if he is ill or in a debt pit.

But they should remember that such acts are liable to criminal sanctions, including seizure of property or even a real prison term.

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How not to pay alimony legally

The issue of maintenance has always been the most acute in the divorce process, and it has been shown that the court has been called upon by the mother's units in the hope that the father will support and raise the child in good faith. Only a quarter of the fathers do not turn away from parental responsibility and do so on their own initiative. The rest are either abusive non-payers and under the constant supervision of the bailiffs, or have found a way of not paying alimony legally.

• Attention!
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So, can you really stop paying alimony without violating the provisions of the law?

Voluntary refusal by the recipient

Since it is a child's right to receive alimony, the mother of the dependent has no right to voluntarily refuse the financial assistance of the second parent, thereby violating the interests of the child; if the alimony has been imposed by a court, only the court can cancel it.

No receipt or oral agreement could cancel an executive notice issued by a judicial authority, which could only be withdrawn on the plaintiff ' s initiative and would then be decided by a judge.

In practice, the refusal of maintenance at the voluntary request of the recipient may take place in the following cases:

• The alimonyer complains about his poor financial position, which is due to valid reasons, such as a reduction in wages, a deterioration in health, other dependants;
• If the mother refuses maintenance payments, in the future the father will not be able to recover them from the child if he loses his capacity to work;
• If the mother ' s financial situation allows her to be treated without the father ' s material assistance and to cover all the needs of the minor child;
• Not a total waiver, but a partial reduction in maintenance payments if the amount is detrimental to the payer ' s interests.

Contestation of paternity

It is possible to abolish the recovery of maintenance in favour of a child by establishing paternity; this procedure is carried out only through the courts; there are different situations in life and there are situations in which a woman is pregnant by another man when she is married or in a common-law relationship.

If this fact was not previously known to the child ' s father and he or she formally pays material assistance after divorce, he or she may, in the event of doubt, file a complaint with the court for the determination of paternity.

You must understand that if, at the time of registration of the child and your father's rights, you knew it wasn't your child, but you agreed to be adopted, then in the future, you can't renounce your parental rights by challenging paternity.

Transfer of the child to the maintenance payer

According to chapter 13 of the Family Code, alimony is paid by the parent who does not live with the child; thus, if the child is temporarily or permanently with the father, the obligation to pay alimony is removed.

However, the legal order can only be enforced through the courts, which in practice happens when the mother has left for a permanent place of residence, remarrys and does not take care of the child at all.

It will also require the mother ' s written consent that the child now lives with the father.

Loss of parental rights of the beneficiary of maintenance

If the mother is deprived of parental rights and the child becomes fully State-provided (in-home) or the father takes him to his home, he may no longer be entitled to alimony.

Distinguishment of maintenance

Another way of not paying child support is to prove that the child ' s intended expenditure is not the case; if the beneficiary regularly spends alimony on his or her own behalf, the child ' s interests are adversely affected, the carer may request an official application to the court to cancel or reduce the amount of child support (article 60 of the UK).

Adoption of a child

If the ex-husband who brings up your common child after divorce remarrys and the relationship between the stepfather and the child is good, then he can adopt the baby.

In this case, he becomes a legitimate father and is entrusted with the responsibility of raising and maintaining the child, as well as with the exercise of all parental rights.

Then the biological father must write the child ' s waiver, after which he may be relieved of the obligation to pay maintenance.

This method implies a slightly different approach to exemption from alimony payments, and here you still provide material assistance to the child, but it is expressed in property nature.

In other words, instead of monthly maintenance payments, it is more convenient for the father to hand over to the child his movable or immovable property, the estimated value of which will immediately cover several months of maintenance payments, or perhaps several years, only by agreement of the mother, i.e. the recipient of maintenance.

This type of maintenance payment is not acceptable in court, but is only possible if the recovery has taken place voluntarily through the signing of a notary maintenance agreement.

Article 104 of the Family Code sets out the right to transfer in lieu of maintenance payments for any type of property.

Cancellation of maintenance through court

If the ex-wife does not voluntarily refuse maintenance, all of the above cases shall be heard only through the courts, including a reduction in maintenance payments.

Only a court decision may deprive a parent of his or her father ' s or mother ' s rights, establish paternity, recover the debtor ' s property in lieu of maintenance, and so on; a claim must be filed in order to commence proceedings.

It is necessary to make a sound statement of the request, to provide legal proof of the grounds for filing the claim, to attach evidence and to pay the State tax on the case, and to submit the claim to the Magistrate ' s Court at the defendant ' s place of residence.

You must file a lawsuit with the court where the maintenance order was issued.

Necessary documents

In order for the case to be heard, binding documents must be provided in addition to the application itself.

• Identification document;
• A copy of the second party ' s passport (if available);
• A divorce certificate (if the child ' s parents were married);
• A court order for child support payments;
• The birth certificate of the child;
• Other documents which will serve as valid reasons and evidence with a view to abolishing or reducing the amount of maintenance.

In order for the court to reach a positive decision and cancel material assistance for the child (which is extremely rare), it is necessary to provide compelling reasons that will have a number of evidence.

Such evidence may include: genetic examination of a father ' s challenge; medical certificate of deterioration of the payer ' s health; job certificate of dismissal or reduction of earnings; other dependants; and others.

Cancellation of maintenance without trial

It is not always possible to cancel the payment of maintenance only through the court; the legal means of recovery of maintenance shall cease without judicial proceedings if:

• The death of one of the parties to the maintenance relationship, a child or a payer;
• The period of the execution sheet or notary contract has expired;
• The child is 18 years of age and is able to work;
• A disabled child over 18 years of age was declared legally capable;
• Emancipation when the child became capable before 18 years of age, for example, when he was 16 years old, he married and found a job.

The abolition of maintenance also takes place without the involvement of the judicial authorities if they have previously been charged in a peaceful manner between the two parents, for which both parents must discuss all the nuances on the grounds that the father cannot pay alimony or the lack of need for it for the child and his mother with whom he lives.

If they were able to reach a mutual agreement, the mother was obliged to sign a waiver of maintenance and to assure him that he was a notary.

Refusal is also possible if the carer has paid a one-time high or temporarily fails to pay alimony for a valid reason, but if the child has an acute need for treatment or other needs, he undertakes to help financially.

Liability for non-payment of maintenance

Some fathers neglect the above-mentioned ways of refusing to pay maintenance legally and simply stop paying it or do not pay it in the first place after a divorce.

But everyone knows that such acts do not go unpunished, and this has been taken care of by the State and by the abusive non-payer of maintenance, there is a different degree of liability, up to and including deprivation of liberty.

Consider, therefore, what may be the case for non-payment of maintenance (article 115 of the SC).

• For each day of arrears in accordance with the due date, the execution sheet or notary agreement represents above 0.5 per cent of the total debt;
• A fine of 20,000 roubles if maintenance is not paid for several months consecutively;
• The imposition of restrictions on travel outside the country;
• Arrest for 15 days;
• Administrative liability in the form of public works up to 150 hours;
• If the alimony does not pay for more than six consecutive months, the alimonyer may be deprived of parental rights (article 71 of the UK);
• In the event of a debt for more than a year, criminal liability is incurred (article 157 of the Code of Criminal Procedure). Criminal liability in case of malicious non-payment of maintenance is defined as deprivation of liberty for up to one year;

If enforcement measures, as well as severe prosecution, prevent the recovery of maintenance debts, the bailiffs may assess the property, sell it and cover the debt.

Despite the enormous number of grounds for the annulment of maintenance by legal means, you must understand that this is not a simple case in legal practice and the court most often decides in favour of a mother living with a minor child, so it will be necessary to gather a good evidence base and, if possible, to have the assistance of an experienced lawyer.

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How to avoid child support in or out of marriage

You know, it's kind of weird to say, how do you avoid alimony? In the context of this sentence, you don't mean a vicious evasion of money, but an exemption from maintenance on legal grounds, given a number of valid arguments, let's work out together what those exonerating circumstances are and how to avoid the payment of alimony.

Can we not pay alimony?

Let us first notice that not paying money for the maintenance of their children, as well as other family members, without good reason, is likely to have negative consequences.

If a person does not pay alimony continuously for more than six months, he or she automatically falls into the category of malicious non-payers.

The law enforcement officers have the power to impose the most severe sanctions on such an illegal citizen, ranging from the seizure of his property and the freezing of his bank records to the request to the Ministry of Internal Affairs authorities for a person to be wanted and prosecuted, and it is clear that it is impossible, without good reason, to stop paying alimony and to abandon it without any reason whatsoever, all of which are directly or indirectly stated in the family law, and we shall discuss them in detail.

Legitimate means

The answer to the question of how to avoid the payment of maintenance depends directly on the payer ' s living situation, as well as on whose maintenance they are being recovered, recalling that alimony may be paid to the following family members:

• Underage children;
• Adult children over 18 years of age who are unable to work for certain reasons;
• Pregnant wives;
• Women on maternity leave raising a common child up to the age of 3;
• Wives or husbands caring for a disabled joint child;
• A woman or husband, including former, disabled and in need of financial support.
• In addition, it is possible to write an application for a reduction in maintenance, which is also a good alternative to rejection.

Depending on the recipient, the means of exemption will vary, so let's try to describe the most common situations.

How to avoid child support?

The most typical situation is how to avoid maintenance in divorce, and most often the issue of child welfare arises in the divorce of his parents.

In addition to a divorce claim, a woman is the mother of a child, filing a claim for alimony, and sometimes a father, plus everything, initiates the question of the place of residence of a son or daughter.

There are two ways for the respondent parent to avoid paying children during the divorce process:

• Take the child to live in his or her own home, in his or her own territory;
• To give the child, in exchange for regular monthly maintenance, any valuable property.

In the first case, living with a child can only be achieved with the mother ' s voluntary consent; if not, the matter will have to be decided strictly through the courts.

In court, it will be necessary to prove that the mother has a negative influence on the child, gives him bad examples, and fails to raise him properly.

Once the court determines the child ' s residence with the father, the payment can be cancelled.

Such a manoeuvre is possible only if the parents make an agreement, and this alternative cannot be achieved in court. A small nuance: the transfer of the child ' s property in exchange for maintenance is possible only with the permission of the representatives of the guardianship authorities; it is they who evaluate the fairness of the transaction.

These are the main ways to avoid child support in divorce.

The law stipulates that it is absolutely not important whether a child was born in or out of wedlock; all children are equally entitled to claim protection; however, the question of how to avoid alimony outside marriage has its own characteristics.

If out of wedlock

Civil cohabitation between a man and a woman has no mutual legal obligation.

With regard to the payment of maintenance for spouses, if the marriage has not been formally concluded, neither pregnant women nor unemployed men, however in need of assistance, can claim payment; the situation is different for children.

If the child ' s birth certificate refers to the father and mother, they must provide it fully, whether they are married or divorced or in an informal relationship at all.

Often, when a child is born out of wedlock, in deciding whether to grant child support, the common-law husband suddenly wonders whether it is his own child, which leads him to challenge paternity. Doubts about the relationship with the child will have to be raised exclusively in court.

All evidence of a child's absence should be taken into account in advance. The most decisive evidence is DNA testing.

If the relationship is not established, the court will recognize the challenge to paternity and, ultimately, the father will be exempt from payment.

If a person knew that he was not the biological father of a child and had given consent in the registry to record him as such, he could not challenge paternity.

If married

In addition to the above, there is another way to give up your child.

This option is relevant when you don't have to doubt your fatherhood and you don't have the power and the capacity to carry out your immediate duties.

It will not be possible to give up your child for no reason but to agree to a subsequent adoption or adoption of a blood child by another person.

The refusal shall be filled in with the notary. The document shall contain:

• The identity of the child and the father, including their place of residence;
• A declaration of abandonment of his/her blood child;
• Consent to further adoption (or adoption);
• Consent to subsequent deprivation of rights to his or her child;
• Personal signature, number (slip sample).

Once such a refusal has been made, the mother may begin to file a waiver of the rights of the child and the adoption of the child by another person. It is important to note that the refusal of the child does not in itself result in the termination of the payment of the child ' s rights, even after the withdrawal of the right, and the payment is terminated only after the adoption, when the child ' s financial support is taken up by another person.

How can you avoid disqualification for alimony?

If the father does not wish to lose his right to the child, then let him not write it down; and if the father does not want to lose his right to the child, let him not write it down; and if the father does not want to lose his right to the child, let him not write it down; and if the father does not want to lose his right to the child, then let him not write it down; and if the father does not want to lose his right to the child, then he must prove in court that the father's role is complete.

Apart from the parents, if you don't pay maintenance, you can lose your driver's license, which has been imposed relatively recently, since the beginning of this year. It's easy enough not to lose your driver's license. You have to avoid over 10,000 rubles of maintenance debt. That's the amount of debt and above.

How to avoid payment of fixed maintenance?

The answer to this question is article 83 of the Family Code, which stipulates that a fixed amount of maintenance is payable in such cases:

No.	The circumstances
1.	Unless my dad's officially working.
2.	If he has unstable, irregular earnings.
3.	If he receives a salary in dollars or other foreign currency.
4.	If the father earns income in kind.
5.	Other cases where it is problematic to prove the value of the father ' s income to the claimant, or the recovery of the percentage of the income earned, are detrimental to the interests of the children.

In order to expect maintenance as a percentage of earnings, all that is required is formal employment and a stable regular income.

We've done the most we can to avoid child support, and now we're going to look at the circumstances of the other recipients, the parents.

How can maintenance be avoided for a parent?

Article 87 (5) of the UK provides an exhaustive response: if the parent has not in the past performed his duties towards the children in good faith, he or she has not properly raised them, he or she is not entitled to claim alimony from them; if he or she claims payment, the court will release the children from maintenance if they prove it.

The evidence of overdue maintenance can be found in the archives of the bailiffs ' files and the fact that the parent ' s previous lack of willingness to communicate with his or her child without taking care of him or her may be proved by his or her neighbours and relatives by testifying in court.

How can a court refuse to pay?

As soon as the parent paying maintenance has a reason to discontinue the payments, he must apply to the court which originally appointed them.

• Name of the precinct;
• F.I.O., plaintiff and defendant ' s request;
• The details of the court decision establishing alimony;
• An indication of the circumstances that warrant exemption from further payments;
• Application to the court for exemption from maintenance;
• A list of the documents attached to the claim;
• number and signature (slip sample).

The application shall be accompanied by such documents:

• Passport;
• Civil status documents: marriage to the plaintiff (or divorce), birth of common children;
• Evidence of grounds for termination of maintenance;
• A court decision on the award of maintenance;
• Executive sheet;
• a receipt for the payment of the duty.

The amount of the fee to be paid will be different in each case, as it depends on the price of the claim; the value of the claim is equal to the amount of maintenance paid for one year; how the duty in such a case is established is set out in article 333.19, paragraph 1, of the NC; the court ' s decision must be sent to the bailiff to terminate the obligation and close the execution case.

In what cases may the recipient refuse payment?

Refusal of maintenance on the part of the recipient is rare in practice, but there is still a case, and the reasons for this may be as follows:

• The father ' s authorization to leave or reside abroad in lieu of maintenance;
• The child ' s ownership of the apartment, car and other material goods from the father in exchange for the payment of maintenance.

You can't just give up child support without an alternative.Such arrangements are most often made with a notary.

A parent who has decided not to receive maintenance must carefully weigh his/her pros and cons and assess his/her financial ability to support the child independently.

If you give up maintenance one day, you can't count on your father's help in the future.

How to reduce the amount of payments?

The law also allows for the possibility of changing the amount of payments in the subsequent period. The circumstances of both the child receiving maintenance and the father paying may change. The baby may start to need additional costs.

For example, because of a long illness, he needs to take expensive drugs at all times, and his father's ability to pay can also change over the years.

In order to change the usual amounts of payments, the interested party will file a suit with the court, with all the reasons given, if the reasons are valid, the judge will most likely set a new amount.

Complete termination of payments without trial

The grounds for the cancellation of payments without trial are set out in article 120 of the SC. These include:

• Eighteen-year-old child;
• Emancipation of the child;
• Adoption of the child;
• In maintenance of the spouse, including the former spouse, the acquisition of her capacity and the termination of her financial means, as well as her registration of a new marriage;
• The death of the recipient is equal to the maintenance payer.

Last but not least, it is possible to avoid alimony only if there are certain circumstances laid down in the law and in practice, and the unjustified removal of children from payment can have negative consequences, including criminal prosecution.

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How not to pay child support legally — when it is possible not to pay child support

How do you not pay alimony legally?

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The reality of life is that even an honest father may not always pay the amount of maintenance in full and on time.

It happens that the reasons for this are quite respectful — severe illness, heavy debts, loss of employment.

When a critical situation reaches its peak, such a father gives serious thought to how not to pay alimony, at least for a while until life's circumstances change.

Are there any cases in which it is legitimate not to pay alimony?

As we go forward, we have to say,There is, and cannot be, a legal way to stop the payment of maintenance at will.The law is the guardian of children ' s rights.

The article "Cancelling child support" discussed in detail the non-payment of child support:

• The child ' s attainment of majority;
• A challenge to paternity;
• Adoption of a child and several other objective reasons for exemption from maintenance obligations.

In all other cases, it is the responsibility of parents to provide for their children in a material way that does not prevent them from doing so.

True, there are ways to ease the heavy maintenance burden (e.g. reduce maintenance) and there are legal cases in which maintenance obligations are terminated.

In what cases isn't alimony paid?

In the event of a change in the form of alimony payments

Under article 104 of the Family Code, a parent may give his or her child accommodation free of charge in lieu of alimony.

The realization of this vision will require:

• Authorization of the guardianship and guardianship authority to replace the money with a transfer of immovable property;
• A written and notarized maintenance agreement between the child's parents – the transfer of real estate to maintenance.

If a court order has already been made and has entered into force, it will not be possible to replace the money form with a transfer of real estate.

In the event of a reduction in the amount of maintenance

The issue of reduction of maintenance is discussed in detail in the article "How to Pay Less Maintenance." In short, it is realistic to reduce maintenance payments if...

1. Make a voluntary agreement with the child ' s mother and set a small amount of maintenance.
2. To provide a low-income certificate – many today receive "grey" wages.
3. Put in court to determine maintenance in a firm amount of money.
4. Prove to the court that income and capacity to pay have declined significantly for objective reasons (sickness, loss of employment, commercial face-to-face training at a university) and request a reduction in maintenance.
5. If children are born in a new marriage – in "conspiration" with their wife – to pay child support from the current marriage, thereby reducing child support from the previous marriage.
6. To prove that the amount of maintenance exceeds the child ' s needs or maintenance is misused.

It may well be that among these and other grounds listed in the article for reducing maintenance there are those that can be applied to achieve the objective.

In the self-rearing of the child

Although in most cases the common children live with the mother and the father supports them in the form of maintenance, the father is entitled to claim to live with the child and to be brought up and maintained by himself.

It's not easy to do this, but it's possible. You can start by trying to reach an agreement with the child's mother and take her son or daughter back to your place, and it's unlikely that she'll agree.

Then it is only through the courts that a child's place of residence can be changed – if it is proved that the child lives in inappropriate conditions.

For example, if a mother abuses alcohol or drugs, leads an immoral lifestyle, does not care for the child ' s upbringing and maintenance, does not care for him or her, or uses physical or mental violence.

If the child is 10 years old, the court will ask which parent he or she would like to live with. The child's desire to move in with his or her father is one of the main arguments for changing his or her place of residence.

A father who is responsible for the child ' s self-rearing and maintenance may apply to the court for the termination of maintenance payments.

Fathers who choose to take such a risky adventure in order to be exempt from child support are to be warned, and the cost of child support is likely to be much higher than the amount of alimony they paid to the child ' s mother.

In the event of the circumstances provided for in the maintenance agreement

If alimony is paid under a maintenance agreement concluded by the parents, the maintenance agreement shall be terminated in the circumstances provided for therein.

For example, parents could agree that in the event of a remarriage of the child ' s mother, the father would cease to pay alimony, whether or not he adopted the child ' s stepfather.

Or that when the child finds a job and can support himself, the support of the parent will cease.

Of course, this can only be realized if maintenance payments are provided for in the maintenance agreement and not by a court decision.

Refusal of maintenance by the recipient

The recipient of maintenance, a parent or guardian, is not entitled to refuse to pay for the maintenance of the child because it is contrary to the interests of the child. No receipt containing a refusal to receive maintenance will have any legal effect.

However, there were ways for the payer to stop paying maintenance, and in what cases were maintenance not paid at the initiative of the recipient?

• In the event of a request to the court for a reduction or waiver of maintenance payments, if the financial situation has improved significantly and additional funds are not required;
• If the bailiffs file an application for revocation of the execution sheet and termination of the recovery of maintenance, please read this in more detail in the article "How to withdraw the execution sheet".

In other circumstances

Some of the circumstances of life make the payment of maintenance impossible or unnecessary, such as:

• Death of the alimony payer or the recipient;
• The child ' s majority or emancipation (the acquisition of full legal capacity up to the age of majority in connection with work under an employment contract or the conduct of business activities);
• End of the maintenance agreement (if termination of maintenance payments is not contrary to the rights of the child);

In these cases, maintenance obligations are terminated without trial, the execution proceedings are terminated on the basis of the supporting documents handed over to the bailiff, and the execution sheet or order is returned to the court with a notice of termination.

• To acquire the capacity to work of an adult child who is unable to work;
• A challenge to paternity;
• Adoption of a child by a new parent after the abandonment of paternity or deprivation of parental rights.

In such cases, if maintenance is to be terminated, the court will have to apply for a decision, and the application must state the grounds for the termination or cancellation of the maintenance and provide evidence of the circumstances, and the court ' s decision will terminate the execution proceedings.

In what cases can child support not be paid?

Maintenance is today one of the greatest fears of fathers who have left the family after a violent dispute and divorce, and such fathers unduly transfer aggression and negative emotions to common children and avoid paying alimony for them.

There are other cases in which the non-payment of maintenance is due to difficult circumstances: how does the law regulate the payment of maintenance and when it allows the parent to be released from this liability?

Can we not pay child support?

Maintenances are compulsory payments intended to provide material support to a child or other needy family member who is unable to provide for himself or herself; they are appointed by the court or set out in a maintenance contract (this is a voluntary pre-trial agreement between the parties).

Judicial practice shows that in most cases the courts decide in favour of the child.

There are also frequent cases where alimony is intended to:

• A pregnant wife;
• For parents who have lost their capacity to work;
• A brother, a sister, and other close relatives.

As far as the jurisdiction of such cases is concerned, they are heard by the justices of the peace, but if there is a dispute (e.g. the determination of paternity/maternity), the claim is brought before the district court.

Refusal to pay maintenance ordered by the court is absolutely impossible from the point of view of the law, which means that the failure to pay is a direct violation of the law; in the event of such a violation (the failure to pay in accordance with the prescribed amount and within the prescribed time limit), the plaintiff has the right to appeal to the Federal Service of Conservators.

If the debtor does not take any measures to pay maintenance, the bailiffs will open the execution proceedings, which in practice means seizing the defendant ' s bank accounts and property, as well as making a search for him himself.

There are several ways to stop payments.

The applicant is exempted from this obligation in the following cases:

• He denied his fatherhood: If in court a maintenance worker has proved that the child was conceived by his wife as a result of treason, all obligations on alimony will be removed; the most effective and reliable evidence of this fact is DNA forensics; according to the law in force, all children who were born in marriage are born to their husband unless proven otherwise; it is very important to note here that the evidence that the child is conceived from another man must be incontrovertible; in another case, the court will take the mother ' s position and will not remove the maintenance obligations;
• The child was adopted by his mother ' s new spouse; in the event that the complainant ' s ex-spouse and the child ' s mother remarried and her new husband adopted the child, the court may excuse the ex-husband from maintenance obligations;
• If the child is brought up and detained by the plaintiff, if the father who demands the annulment of the maintenance in the court is holding and raising the child to whom he is assigned, he may not only relieve himself of this obligation, but also place them on the ex-wife, but it must be noted here that it is very difficult to take the child from the mother without her consent and that it requires very good reasons with reliable evidence (e.g. immoral behaviour of the wife, supported by testimony, reports of her records to the police, etc.);
• The plaintiff made a one-time payment of maintenance for the entire period prior to the child ' s 18th birthday, calculated by mutual agreement with the former spouse. The alternative option of a lump sum payment is to make property or lease property capable of producing profits equal to the amount of maintenance that the father would have to pay under the law. It is important to note that this option of exemption from maintenance is valid only if the matter is resolved in the pre-trial phase. If the payment is ordered by the court, it can only be recovered with money and only in accordance with the procedure established by the court; if the child is under the supervision of the guardianship authorities, the procedure will only be feasible if they are authorized;
• The second parent refused to receive maintenance. Note that it is not possible to refuse simply because the applicant (i.e. his mother) is not refused, whereas the court has the primary task of protecting the interests of the child; therefore the refusal must be motivated (the parent with whom the child remains must prove that he has a real opportunity to guarantee his normal welfare).
• The minor beneficiary of maintenance has become emancipated, i.e. has acquired full civil capacity;
• The recipient of the maintenance entered into a legal marriage.

This list of situations in which a citizen is exempted from the payment of maintenance is exhaustive, and any other means would entail criminal liability under article 157 of the Criminal Code.

It appears that it is very difficult for the child's biological father to avoid the payment of maintenance, so many of them ask the other question whether and how maintenance can be legally reduced.

The law states that this can be done, but only if the reduction of maintenance does not constitute an offence (e.g. abuse of authority due to official position, fraud, forgery of documents, etc.).

At the same time, sneaky parents work "in the shadows," either working illegally elsewhere, or doing individual entrepreneurship with hidden income.

In fact, it is difficult to establish and confirm the debtor ' s real income, but it is still real.

And if real income is proven, the alimony worker will face major problems.

First, he would have to be punished for failing to pay taxes on illegal income, and secondly, he would be prosecuted as a malicious non-payment of maintenance.

The latter means retaining the amount of debt equal to its real income over the previous three years.

Another option, which is now fully legal, is to remarry and have new children in the family, in which case the carer should apply to the court for a reduction in the amount of payments under these obligations.

Such a situation would not be regarded as a waiver of maintenance, since the payer did not seek to get rid of his or her duty, but only to reallocate it now between the two children in order to protect the interests of both children.

If the payments were determined as a percentage of its total profits, there would be no change, as the amount of maintenance would be automatically reduced in proportion to the amount of the maintenance payer ' s profits.

11 legal ways: How not to pay alimony in Ukraine – All Kharkiv News

This material lists ways of not paying alimony or significantly reducing its size. If you are called by a public official, do not be quick to accept a court decision. All recent changes in Ukrainian legislation have been taken into account.

Note immediately that the essence of the right to enforce child support is thatThe only way to recover alimony is from the parent who avoids the child ' s maintenance..

1. Deviation from child maintenance

It is important to understand that this is a legally binding circumstance; if you can present in court facts proving that you have never evaded the child ' s maintenance and have actively participated in the child ' s upbringing, alimony may not be enforced.

• Under this option, non-payment of maintenance is required:
• - To request the attendance of teachers, neighbours and others who will confirm that the child is in contact with you (participating in the upbringing);
• - If you do not communicate with a child because of a conflict with your ex-wife, they can confirm your desire to participate in the life of your daughter or son;

— provide documentation to prove that you purchased basic necessities — food, clothing, stationery, medicine, children's furniture, school fees (rounds, sections, etc.).

Make it mandatory for the judge to state that the plaintiff was obliged to prove that he had requested alimony and that you refused to do so, either ignored the claim and avoided it.

When you apply to the court for a maintenance agreement, your position will be "ironized".

2. Working in the shadows

A private entrepreneur with an income of "0" hryvnia, but regularly paying the Single Social Contribution (SW), will pay maintenance of 30 per cent of the subsistence minimum.

3. We're ahead of the game.

Consider the case where the child's mother has no income or is unable to confirm it officially, has not remarried, and her maternity leave is over.

Try to get ahead of the "former" by suing for maintenance and applying to the guardianship authorities to determine the child's place of residence with you.

Remember your murderer, art. 162 of the SCU: "The institution of guardianship and guardianship or the court may not hand over a child to a parent who has no independent income...".

In court, insist that a non-working mother who does not have a spouse, a priori cannot spend alimony on a child alone (unintentional use); she will necessarily spend alimony on herself, which is illegal.

4. Attracting circumstances "for the ears"

In our corrupt country, "get the right paperwork," it's a real deal, and you might want to think of the following options not to pay alimony in Ukraine.

1. - Unable to work pensioners and persons with disabilities in groups 1-2 whose aggregate monthly income is less than or equal to the subsistence minimum;
2. - Persons in helpless condition due to severe illness or circumstances of irresistible force.
3. Note the words "states of irresistible power"!

5. I haven't seen, I haven't heard

At the trial, we repeat as the mantra of article 197, paragraph 3, of the Criminal Code: "The court may exempt the payer of maintenance from payment of the debt if it is established that it arose from a failure to produce an executive record without a valid reason to be executed by the person in favour of whom the alimony is awarded."

In court, you can be confused or confused with the details of the alibi, perhaps there's a "witness" that will confirm your words.

An action to recover alimony payments may be filed and won, but the action must begin at the time of the presentation of the performance sheet, so that if the mother secretly filed for maintenance but did not file an executive notice without a valid reason, you are not obliged to pay the maintenance arrears for the period since the court's decision.

6. Is this your baby?

• Note that if the child isn't yours, you can't just stop supporting him, whether there's a court order to recover maintenance or not.
• Even if the child is yours, with the procedure described below, you can buy a lot of time, for example, to find the money to pay off the debt.
• In order not to pay alimony, the following three steps are taken consecutively:
• - We're challenging paternity.
• - We're deleting the father's record from the birth certificate.
• - Rescission of maintenance.
• Note that it will not be possible to return the maintenance already paid for the following reasons:
• - because you were legally considered a father at the time they were paid, even though you weren't biological;

- if you adopted a stepdaughter or a stepdaughter, you made a conscious commitment to support someone else's child.

Thus, even divorce from the child ' s mother will not be grounds for the annulment of the adoption and the cancellation of maintenance, which is only possible in exceptional cases;

- The voluntary alimony is not returned under any circumstances.

But one delicate option to get the alimony back is there, but you have to prove that the mother deliberately misled you about the child's origin.

The "smart" mothers are able to prove in court that "incredibly" believed that the child's father was the one who paid him alimony and was recorded on the birth certificate.

7. V. Ulyanov: "Learn, learn and learn again"

The ideal option of paying alimony less than the minimum is to receive only a scholarship as an official income.

In a situation where you are a full-time student and your scholarship is less than 1,000 hryvnias, be sure to apply to the court and demand that maintenance be reduced even below the minimum level (article: "Minimum and maximum amount of maintenance").

8. Mother stands aside or Sherlock Holmes

Carry out an investigation and collect evidence that the mother spends alimony not only on the child, and then request in court that a portion of the alimony, typically 50 per cent, be transferred directly to the child ' s account, not to the recipient.

The recipient will not be able to use such an account except in special cases, with the permission of the guardianship authorities.

9. The wife ' s new husband is saving the ex-wife ' s maintenance.

When a child is small, maintenance may be paid not only for the child ' s maintenance but also for the mother ' s maintenance, which is always temporary until maternity leave ends.

Know that such alimony may not be paid in the following situations:

- If the mother has officially gone to work before the end of the leave period;

When the mother remarrys, it is no longer your duty to support her, but the new husband. Your concern is only to support the child.

10. 30-day reception or mom is crying

If you have a child with you for more than 30 days, and the mother is absent, then go to your custody and receive the child's residence.

1. Objective of the above actions:
2. - If the alimony was previously recovered, you can cancel it, and in the same suit you can specify a requirement to recover the alimony from your mother.
3. - If the child was prescribed with the mother, the court's decision to determine the place of residence will allow you to write the child with you, without the mother's participation and consent.
4. - If the alimony hasn't been recovered by either parent before, you're gonna have to collect it right away.

Forget about kindness, altruism, and emotion. The words "I don't need anything" are inappropriate.

11. The worst option, but the legal one

You have to prove that the child has his or her own income that fully provides for his or her needs, or that he or she exceeds your own income.

Source: Business Portal

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