Is it possible and how to withdraw an application for alimony?

At the same time, it is estimated that about a third of Russian women, for psychological or other reasons, refuse alimony, trying to withdraw a previously filed application for collection.

From this article you will learn whether it is possible to withdraw an application for alimony and how to file a withdrawal legally.

Why refuse alimony?

Most often, psychological reasons become the basis for refusing alimony:

1. Personal dislike for ex-spouse.
2. Reluctance to communicate with him, etc.

In addition, the reasons for refusal are:

1. Poor financial situation of the payer.
2. The ability of a parent raising a child to provide for him independently.
3. Transfer of foreclosure from one parent to the second.
4. Transfer of parental rights of the alimony holder to another person (stepmother or stepfather).
5. Deprivation of the claimant's rights to a minor child.
6. The child's coming of age or restoration of his ability to work.

Despite the above reasons, there is no official justification for refusing alimony.

From the point of view of the law, this is considered an infringement of the rights of the child and the rights of the parent to help their child.

Is it possible to refuse alimony?

• The legislation does not stipulate the issue of refusal of alimony.
• The main requirement of the law is that the actions of the parents (payer and recipient of alimony) do not infringe on the rights of the child.
• Sometimes a mother or father categorically refuses child support, although their own financial situation leaves much to be desired.
• If the guardianship authorities prove that the child is not receiving proper support, then the employees have the right, despite the refusal of the mother or father, to collect alimony and even demand deprivation of parental rights.

How to revoke child support?

Registration of refusal of financial assistance for a minor (disabled) in the form of alimony occurs:

• at a notary;
• judicially;
• from the bailiffs.

The design method is selected based on:

• How far has the foreclosure process progressed?
• how funds are collected from the payer;
• whether there is agreement between both parties.

Either parent can initiate a waiver of child support payments.

Application for refusal of pre-trial procedure

In order not to have to withdraw the application, you simply do not need to submit it.

This decision must be given official form by drawing up and concluding an alimony agreement.

Refusal of alimony must be justified and argued.

Instead of monthly payments, the parent should offer the child something else, for example:

• donate any valuable property;
• pay a large lump sum;
• undertake an obligation to pay for studies, etc.

An alimony agreement that contains only a pure refusal of financial assistance from the parent without any compensation offered in return for alimony will not be certified by any notary.

Is it possible to withdraw a claim for alimony?

The refusal of alimony must be justified by explaining the reasons why the plaintiff decided to withdraw the statement of claim.

If the court does not see the refusal of alimony as an infringement of the rights and interests of the child, then the trial is terminated with the return of the original statement of claim.

The following documents are attached to the application for refusal:

• a copy of the plaintiff's passport;
• child's birth certificate;
• writ of execution/court order;
• an agreement on refusal of alimony payments, certified by a notary, or a receipt from the recipient for a one-time payment of the entire required amount.

There is another, simpler option for refusing alimony after a court decision. The recipient of alimony, having taken a writ of execution from the court office, simply does not present it to the executors.

However, in this case, you should inform the bailiff about your decision not to accept alimony payments from your ex-spouse . As a result, enforcement proceedings will stop without even starting.

The Family Code of the Russian Federation protects the interests of children, therefore, in the event of a change in the decision, the applicant can resume the procedure for collecting alimony at any time until the child reaches adulthood.

How to revoke a writ of execution for alimony?

To do this, you need to contact your local branch of the SSP with a statement indicating:

• Full name of the creditor and recipient;
• name of the BSC department;
• grounds for recovery (court decision, writ of execution);
• reasons for withdrawing the application for alimony and the writ of execution.

After considering the application, the bailiff will issue a decision to terminate the collection.

The right to re-present the writ of execution is retained until the child in whose favor the alimony is to be withheld reaches the age of majority.

What happens if you take away the writ of execution for alimony?

1. First of all, it should be noted that the revocation of the writ of execution does not mean a complete waiver of alimony.
2. A court decision to collect alimony remains in force in the same way as the parent’s obligation to support a minor child.
3. The revocation of a writ of execution is simply a replacement of the forced collection of alimony with a voluntary decision of the former spouses.

Will the debt remain if I take away the writ of execution for alimony?

If the alimony payer has a debt, then the withdrawal of the writ of execution will not cancel it. The obligation to repay the debt is not removed from him.

• However, compulsory debt collection measures are replaced by voluntary debt repayment.
• At the same time, the revocation of the writ of execution and the termination of proceedings stop further growth of debt.
• After the revocation of the writ of execution, the recipient of alimony can again contact the SSP and present the same sheet.
• From the moment of filing the writ of execution and the application to resume the collection of alimony, the proceedings will be resumed.
• Further, current alimony payments and accumulated debt will be forcibly collected.
• The law also provides for the possibility of collecting alimony for the period during which the writ of execution was revoked.
• If the recipient of alimony can prove that during this period the money was not paid voluntarily, the bailiffs will calculate the debt for the period of revocation (but no more than 3 years).
• If payments were received from the parent, then the collection of alimony will begin only from the moment the enforcement proceedings are resumed.

To avoid forced payment of debt during the withdrawal period, it is necessary to collect evidence of voluntary payment of funds for child support.

The alimony provider is recommended to keep:

• bank statements;
• receipts for money transfers with a note indicating the purpose of payment;
• receipts from the recipient confirming the transfer of money to support the child.

Re-applying for alimony after refusal

The law allows this to be done at any time until the child reaches adulthood.

To re-collect, you must use one of 3 options:

• sign a child support agreement;
• apply to the court for a court order;
• submit a writ of execution to the SSP.

As you can see, there are several options for registering a waiver of alimony..

However, both parents should understand that their actions should not infringe on the rights of the child.

You should not refuse payments and demand that the application for alimony be withdrawn unless there are serious reasons for this.

Is it possible to withdraw an application for alimony?

The paperwork for the collection of alimony payments is faced not only with demands for receipt, but also with attempts to withdraw the application for alimony. In this issue, the key aspect is the interest of the parties - payments are assigned not in favor of the recipient, but in favor of the minor . On this basis, the registration of a refusal to receive them is accompanied by certain nuances.

The question of whether it is possible to withdraw an application for alimony before going to court is formulated incorrectly. There is no claim - there is nothing to withdraw. To refuse payments, it is enough not to submit documents to the court.

Another question becomes the feasibility of such actions. If your own earnings are not enough to fully provide for the child, the guardianship authorities may bring charges of negligence. The result of such actions can be negative consequences.

For example, if a child is recognized as needy, and no application for child support has been received, the court may forcibly give the minor to the second parent and oblige the first to pay support. In this situation, any motives for refusing child support are interpreted as personal and harmful to the child.

It is recommended, even with high income, to enter into a voluntary agreement or file an application with the court to collect alimony. It is emphasized that, regardless of the personal relationship between the parents, the funds go to the child, and therefore cannot be superfluous.

Is it possible to withdraw a claim?

The legislation does not provide for such a procedure as formalizing a waiver of rights. The citizen himself makes the decision to realize either the presented opportunities or not. A similar principle is observed when collecting alimony through the court.

It is permissible to withdraw a statement of claim during the paperwork process , but the question of the child’s interests is raised. The court must be presented with compelling reasons for withdrawing the claim for alimony. These include the following factors:

• high level of income of the parent living with the child;
• marriage and improvement of financial situation;
• decrease in the defendant's well-being, temporary or permanent loss of ability to work.

All such aspects are indirect and their significance is determined by the court individually. If there are insufficient grounds, the application for alimony will not be withdrawn. In this situation, payments are forcibly assigned, but their size can be reduced due to the difference in the financial situation of the parents.

To withdraw a claim for alimony during the paperwork process, the plaintiff submits the following documents :

• identification;
• child's birth certificate;
• documentary grounds on which the refusal of the application is issued.

The list of the last item includes a voluntary agreement of the parties on alimony, certified by a notary. Documents on material well-being and wages, and witness testimony are also presented.

Studying the paperwork for collecting alimony, experts emphasize the optionality and impracticality of an application to withdraw documents during the trial process. It makes more sense to ask the court to issue a writ of execution.

Having completed the trial and received a resolution, the plaintiff has the right to independently decide whether to send it along with the application to the bailiffs or not to initiate the collection process. The document is valid for three years from the date of issue, but can be restored in certain circumstances.

Revocation of the writ of execution

It is possible to revoke a writ of execution during an open collection procedure using a similar procedure. A statement of desire to terminate the process is sent to the bailiff, indicating the reasons for this decision.

The executor makes a decision to terminate the collection based on the arguments presented. His actions are also aimed at protecting the interests of the minor and, in the absence of compelling reasons, he has the right to continue the enforcement process.

An essential basis allowing the bailiff to close the procedure at the request of the claimant is an agreement of the parties certified by a notary. The legislation provides that such an agreement cannot determine the amount of payments less than that assigned by the court.

However, the parties may agree on a large lump sum payment or transfer of real estate for alimony. In this situation, filing an application to terminate enforcement proceedings is relevant for both parties. The concluded agreement must be attached to the document.

Based on the application to terminate the collection of alimony, the writ of execution does not lose its force. A court decision can be applied at any time before the child reaches the age of majority. The three-year shelf life is not taken into account in this context.

Features of refusal of alimony unilaterally and by agreement of the parties

Unilateral refusal of alimony is carried out only through an application to the court and requires compelling reasons for stopping payments. Among these reasons are:

• the child has changed his place of residence and lives with the parent obligated to support him;
• loss of ability to work or acquisition of disability does not allow fulfilling obligations to provide for minors;
• the recipient loses parental rights or, due to bad habits, directs funds to personal needs rather than to providing for the child.

The above circumstances are supported by evidence - documents and testimony. On their basis, an application is submitted, according to which the court terminates the payment of alimony.

A notarized voluntary agreement on the payment of alimony is also terminated by mutual consent of the parties . To do this, the parents' passports, the minor's birth certificate and the concluded agreement are submitted to the notary along with the application.

However, the notary must provide compelling reasons for stopping payments. Along with the court and bailiffs, lawyers also act in the interests of children. In the absence of arguments and there are reasons to doubt the security of the minor, an appeal to the guardianship authorities may follow.

To renounce a voluntary agreement, it is not officially necessary to apply to a notary. This step is necessary to document the termination of legally formalized obligations and is more relevant for the alimony payer.

Re-submitting an application for alimony

Resubmitting an application for alimony after its withdrawal is possible, but is associated with a number of nuances. The consideration of the same case by the court is not encouraged, and if a decision has already been made to terminate the proceedings, an appeal to a new process or its resumption requires its own justification .

An application for repeated collection of alimony is based on a change in the circumstances that caused the refusal of the first one. A decrease in material well-being and earnings, the restoration of the ability to work of the person liable for alimony, or other circumstances - all of them are confirmed by documentary evidence.

It is possible to apply for alimony after refusal while the child is a minor. The period for filing a new application is not limited to the standard three-year period.

The procedure for re-filing a claim does not differ from the previous one, however, documents confirming the grounds for a new consideration of the case are also submitted along with the application. These include income certificates, medical reports on disability and other papers.

Is it possible to withdraw an application for alimony: how to withdraw it, will the debt remain?

The state protects the rights of minors, therefore, when parents divorce, children continue to retain the right to receive monetary assistance from each of them.

You can recover funds from a negligent parent by submitting the appropriate enforcement documents to the bailiffs or at the debtor’s place of work. However, some women do not take advantage of the right to receive additional funds to raise a child.

Let's find out why this happens, what the mother who decides to withdraw the application for child support wins, and how to do it legally.

Why are they refusing alimony?

The most common reasons for non-acceptance of financial assistance often lie in the field of psychology. Usually they are associated with a reluctance to communicate with the second parent, the negative influence that he has on the child, etc. But material and everyday reasons are much more significant:

• inability to receive funds due to the fact that the location of the payer is unknown;
• ridiculous amount of alimony;
• the ability to independently support a child;
• transfer of the right to receive child support to the other parent, since the child has passed into his care;
• transfer of rights to raise a minor to another person;
• the child reaches the age limit for collecting alimony or acquires full legal capacity;
• lack of family ties between the child and the defendant in the lawsuit (it was not possible to prove the fact of paternity or it was refuted in court);
• reaching mutual agreements on assistance on a voluntary basis, etc.

The RF IC does not contain a rule allowing a parent to voluntarily refuse child support without justified reasons. This may be considered a violation of the rights of a minor.

Therefore, a parent who refuses to submit an application for alimony or who withdraws writs of execution to collect it must be ready to prove to the guardianship and trusteeship authorities his financial solvency.

For this purpose, it will be necessary to collect evidence that he can provide the child with decent maintenance.

Certificates of income from your place of work, bank statements confirming the presence of a sufficient amount of money in your accounts, etc., will help you attest to your stable financial situation.

Refusal before payments are made

If the marriage between spouses is not registered, the spouses do not apply for divorce and the issue of collecting alimony may not be raised. When the spouses were married, it would not be possible to neglect the problem of maintaining and raising common children.

You cannot simply not write an application for alimony, since the guardianship authorities may decide that the children’s rights have been violated. It will be difficult to convince them otherwise. If it fails to prove its case, the supervisory authority will seek recovery of funds from the defendant against the wishes of the parent raising the child, or even initiate the process of depriving the child of parental rights in court.

Refusal before trial in the form of an alimony agreement

It is most reasonable to record the fact of refusal of monthly payments by drawing up a voluntary agreement on the maintenance of children after a divorce. The corresponding document can only be drawn up by a notary. A receipt drawn up by parents independently has no legal force, since it will not be possible to prove that the parties signed it voluntarily and were aware of the consequences of their actions.

The notary, forced to comply with the requirements of Art. 80-81 of the RF IC, it is necessary to make sure that refusal of alimony will not violate the rights of the child. A good argument here is making a large one-time payment, transferring valuable property in favor of a minor, or signing a monetary obligation comparable in amount to the alimony expected to be paid.

To visit a notary’s office, you must have with you the civil passports of both parents, previous alimony agreements, birth certificates of children, documents confirming the transfer of funds/property in their favor, income certificates, tax returns, etc.

Application withdrawal procedure

Registration of alimony waiver occurs as follows:

• at a notary;
• judicially;
• from the bailiffs.

The choice of a specific method depends on the current stage of the collection process, whether there is voluntary consent of the parties to pay financial assistance to the child, and how alimony is collected.

Revocation of an agreement from a notary

It happens that one of the parents, some time after concluding a child support agreement, decides to reconsider its terms.

For example, a child support recipient learns that the income of the second parent has increased significantly, and the existing agreement on the amount of payments does not comply with legal requirements.

To change the terms of the agreement, mutual consent of the parents is required (Article 101 of the RF IC). Unilateral changes to agreements are not permitted. If it is not possible to reach a consensus, a review of the payment procedure is carried out in court. In this case, the court will take into account the arguments of both sides.

How to withdraw a claim from court?

If during the trial the parent with whom the children remain decides to refuse child support, he can withdraw the previously filed claim. The reasons for such actions must be convincing, for example, the second parent:

• proposed to conclude an agreement under which the children would be paid monthly maintenance in excess of the legal limit;
• gave the child real estate, the market value of which is much higher than the expected amount of alimony;
• paid for the full course of education for a minor at a university, etc.

If the judge considers that the child’s rights have not been violated, he will decide to terminate the proceedings.

How to collect an application from the bailiffs?

The legislation on enforcement proceedings allows the alimony recipient to independently decide how to dispose of the writ of execution: transfer it for further collection of funds, leave it without execution, or revoke a document already submitted to the FSSP. You can painlessly pick up an application for alimony within 5 days from the date of its submission. After the expiration of this period, enforcement proceedings will be initiated. In this case, the executive document will have to be revoked.

There should be no obstacles to withdrawing an application for collection of documents or a writ of execution. This cannot lead to any problems for the applicant.

Procedure for the alimony recipient

To pick up a document to collect alimony, you must write a corresponding application. In cases where enforcement proceedings have not yet been opened, the procedure is limited to the withdrawal of the previous application.

If the writ of execution is revoked, you must proceed as follows:

1. Contact the territorial body of the FSSP at the place of execution of the document.
2. Submit an application for the return of the writ of execution.
3. After 3 days, receive the requested document from the office.

Consequences of refusal to collect alimony

Repeated appeals for collection of funds are also allowed. You can submit an application for collection of funds or a writ of execution at any time convenient for the recipient, and also withdraw it, if necessary, as many times as necessary. The only limitation is the expiration of the collection period.

Termination of alimony payments occurs in the following cases:

• the child reaches the age limit for collecting funds;
• marriage of a minor;
• adoption;
• restoration of working capacity of an adult;
• emancipation;
• challenging paternity;
• death of a child.

What happens to the debt if I withdraw the application?

The withdrawal of an application for payment of alimony or a writ of execution does not cancel the already accumulated debt.

In this situation, the growth of the payer’s debt simply stops, so the latter needs to be prepared for the existing debt to be collected in court.

It is wise to pay the entire amount due and keep documents confirming the fact of full payment of obligations.

How to pick up an application for alimony payment

Any child has the right to receive financial assistance from his parents. Family law states that they are obliged to support him and ensure his decent existence.

But there are situations in which one of the parents refuses to receive child support from the other parent. Sometimes this happens due to conflicts with a spouse or out of personal hostility, even to the point of unwillingness to communicate with the child’s father under any circumstances. Or the father’s financial situation is so deplorable, but the mother will be able to provide a decent existence for both herself and the child.

It must always be borne in mind that the interests and rights of the child are significantly violated by this refusal. And if the guardianship authorities find out about this fact, and it is also discovered that the child is disadvantaged in some way, then his mother may be held accountable for the improper upbringing of her child.

Let's try to figure out whether it is possible to withdraw an application for alimony if it has already been written, or whether it is possible not to submit it at all.

Reasons for refusing alimony

Refusal of alimony is a fairly common phenomenon, which is based primarily on a psychological factor. After all, voluntary renunciation of material resources intended for the maintenance of a child, as a rule, has no logical justification, even if the income of the parent with whom the minor remains allows for the necessary level of maintenance.

There are many reasons for refusing to collect alimony from the father of a child. Up to those listed above.

But we will focus on the most typical ones:

The child moves permanently and receives full financial support from the parent who previously paid child support for him (example: a child moves from mother to father).

It has been established that there is no relationship between the child and the person from whom alimony is being withheld (example: the child’s mother went to court to collect alimony payments from her common-law spouse, but it was not possible to prove his paternity).

The parent with whom the child lived, or his guardian or other relative, did not properly fulfill the responsibilities of raising this child (example: a mother was deprived of parental rights to her child by a court decision due to improper upbringing).

The ability to work of a person (an adult child, a former spouse, etc.) who received alimony was restored, or the financial situation of the recipient or payer of alimony was otherwise changed (example: an adult child who received alimony because he did not work due to disability was recognized by the court able to work and began to earn money himself).

Any of the above refusals of alimony can only be issued by a court decision.

And no particular difficulties will arise if the person for whose maintenance alimony was paid is an adult and can himself be the initiator of this refusal. But with child support, everything is more complicated. Whatever the reason for the refusal, the child’s rights are still violated.

Where to submit a waiver

You can issue a waiver of alimony from a notary, from a bailiff or in court. This will depend on at what point in the collection process you decide to issue this waiver, how the child support was collected from the payor, and whether both parties agree to this waiver.

The initiator of the refusal can be both the recipient of alimony and the payer.

Refusal before alimony is assigned

You can revoke the writ of execution at any time by contacting the bailiff with a corresponding application. If you suddenly want to resume proceedings under this writ of execution, you will need to contact the same bailiff.

However, debt collection (if any) will be collected only for three years preceding the re-submission of the writ of execution for execution

This procedure is the simplest.

If, after the divorce, you immediately decided that you do not need alimony from your ex-spouse, then you can simply not write a statement to collect it.

If the marriage was civil, then this fact is easy to hide. You just need to think a hundred times whether your decision will be the worst for the child.

The most correct way to formalize a refusal is by concluding a voluntary agreement between the parents regarding children in the event of a divorce. This document must be certified by a notary, and ideally drawn up in his presence.

Be prepared for the fact that the notary will definitely require you to justify the refusal of alimony, and will check whether this refusal infringes on the rights of the child.

Refusal after a court decision or during enforcement proceedings

If there is already a court decision on the payment of alimony or they are already being collected from the payer as part of enforcement proceedings, then the issue of refusal will need to be resolved with the bailiff.

You will need to draw up a substantiated application for the withdrawal of the claim for alimony with a request to terminate the enforcement proceedings for collection. You need to attach to it:

• your passport,
• metrics per child,
• writ of execution (or court order),
• an agreement to waive alimony (certified by a notary) or a receipt for a one-time payment (a sample receipt for receipt of alimony can be found here), if we are talking about payments for a child.

You can use a little trick. The applicant will be able to receive the writ of execution in hand at the court office and leave it without execution. To do this, it is enough to contact the bailiff and get a note that she refuses to receive alimony. On this basis, enforcement proceedings will not be opened.

The Family Code makes concessions for such cases, and if you change your decision, you can always collect alimony again.

Refusal of alimony after concluding a voluntary agreement

If a voluntary agreement has been concluded between parents to pay child support, they can always terminate it by mutual consent. And conclude something else - about refusing to pay alimony.

This is also done when certified by a notary.

A written agreement (settlement agreement) is drawn up by the spouses independently or with the help of a lawyer, it specifies the procedure and amount of payment for child support, after which it is certified by a notary. If such an agreement infringes on the rights of the child, it can be appealed in court. To do this, it is better to know how and to which court it is better to file documents for alimony.

Parents will only need to bring with them documents confirming their identity, the birth of their children, and a voluntary agreement on child support.

But keep in mind that it is unlikely that at least one notary will agree to certify the refusal of alimony without compelling reasons.

The ideal option would be to provide evidence that the father paid a one-time significant amount of money for child support, capable of covering the amount that he would pay monthly.

It can be terminated at the request of one party; it is important for the notary that the interests of the child (or children) in the event of refusal of alimony are not harmed.

Refusal of child support without the consent of the other parent

You can issue such a refusal only after filing a claim with the court. And the court will definitely require compelling reasons for this refusal.

Examples:

Confirm that the child no longer needs additional financial assistance from the father, since he has moved to live with him (this could be the testimony of various witnesses or the child himself, a certificate of family composition, etc.).

The payer must confirm his inability to pay alimony due to illness, disability, difficult financial situation, etc.

These are just examples. The reasons may be different.

In order to check the correctness and timeliness of the withholding of alimony by the accountant of the organization in which the debtor works, it is necessary to apply to the court at the location of this organization with an application for an audit of the accounting department. The bailiff will check and give a written response.

Reapplying for alimony after refusal

When it comes to alimony for the maintenance of a minor child, and there are all the necessary grounds for it to be possible to collect them again, you can do this. And at any time before the child reaches the age of eighteen.

You can also do this in any of three ways:

• enter into a voluntary agreement with the other parent;
• apply to the court for a court order;
• submit a writ of execution for execution.

Issues regarding the collection of repeated alimony for the maintenance of adults are resolved privately.

How to pick up an application for alimony in 2023?

Parents are required to support their minor children. However, it happens that after a divorce, the second spouse refuses child support.

This happens due to disagreements with the ex-husband, a hostile attitude towards him, and a reluctance to maintain communication under any circumstances.

By her refusal, the mother violates the minor’s rights to decent financial security. In this article we will consider whether it is possible to withdraw an application for alimony and how to formalize the refusal.

Is it possible to withdraw an application for alimony?

The law does not directly indicate the possibility of refusing alimony. The main thing is that the parents’ actions did not violate the rights of the child.

The following reasons for refusal can be named that do not infringe on the rights of children:

• the minor moves in with the parent who paid maintenance for him;
• the payer has been deprived of rights in relation to the child and another person is adopting him;
• the court has established that there is no family relationship between the minor and the payer;
• an adult child has regained his ability to work, and therefore there are no grounds for payment of maintenance;
• the former spouses agreed on the amount of financial support from the second parent and entered into an alimony agreement;
• the payer transferred real estate or a large sum of money in the name of the child for child support payments.

If the guardianship authorities prove that the refusal of the recipient of the payment has led to unsatisfactory financial support for the child, they have the right to apply for the recovery of maintenance themselves. In this case, the mother risks losing her parental rights.

In practice, the question arises whether it is possible to withdraw a claim for alimony if the payer is experiencing financial difficulties, has a low income or does not work anywhere.

The RF IC does not link the obligation to support children with the financial situation of the payer. If he does not take action to find a job, this may be regarded as malicious evasion of alimony obligations.

How to withdraw an application for alimony?

The procedure for refusing payments depends on what stage the process for claiming child support is at. Let's consider the features of withdrawing an application for alimony at each stage.

Before alimony is assigned

If the recipient did not have time to submit documents to the court, there is no need to issue a refusal. Former spouses have the right to agree on the conditions under which the payer will provide financial assistance to the minor. The agreement is fixed by an alimony agreement.

The agreement specifies one of the following options:

• the parties agree on the amount of the monthly payment and the procedure for its transfer;
• Instead of payments, the second parent transfers the ownership of the apartment to the child, opens a deposit in his name, and independently pays for education, treatment, clothing, and food.

The notary checks the document for compliance with the requirements of family law. If there are no complaints about it, the agreement receives official confirmation.

Example 1. After A.L.’s divorce Rodionova decided to go to court to order alimony for her son. The ex-husband offered to give the child a two-room apartment instead of monthly maintenance.

The spouses drew up an agreement under the terms of which alimony was to be paid by providing property. A.L. Rodionova signed the donation agreement on behalf of her son. The property became his property.

The father's child support obligations have been terminated.

At the trial stage

If the dispute over payment of maintenance is pending in court, you will need to write a waiver of the claim. The right to refusal is established by Article 39 of the Code of Civil Procedure of the Russian Federation. It is important that it does not contradict the law and does not violate the rights of a minor.

The application for refusal must be made in simple written form. The text must indicate:

• name of the court;
• information about the parties;
• details of the court case;
• reasons for refusal;
• justification of its legality;
• request to accept the application;
• date and signature.

The appeal is submitted to the court office. It is recommended to make a copy of the document with a registration mark.

The application must be accompanied by:

• a copy of the plaintiff's passport;
• documents for the child;
• alimony agreement;
• a receipt for receiving a one-time payment;
• information about the transfer of minor property into ownership.

The court considers the appeal without summoning the parties to a court hearing. If the refusal was received before the claim was accepted for proceedings, a decision is made to return the application. If a trial date has already been set, the proceedings are terminated.

Example 2. E.A. Zhdanova filed a claim for maintenance for two children. She informed her ex-husband that she would seek alimony through the court. The husband offered to sign an alimony agreement. The parties agreed that the maintenance will be transferred monthly in a fixed amount.

The payment amount is 15,000 rubles. In addition, the father will help the mother pay for education, treatment, outerwear and shoes. After signing the agreement E.A. Zhdanova applied to the court to withdraw the claim. Attached is a copy of the agreement.

Since the judge accepted the claim and scheduled the first hearing, a decision was made to terminate the proceedings.

After the court decision

In the case where the decision has already been made, maintenance is accrued after the issuance of the writ of execution. If the recipient of the payment decides to refuse financial support, he keeps the writ of execution. In this case, alimony will not be collected.

The recipient of alimony has the right to change his mind and present a writ of execution to the bailiff. You must have time to submit the document for execution before the child reaches adulthood.

Example 3. N.A. Khramova sought child support through the court. A month after the decision was made, she was given a writ of execution. The child's father said that he intends to pay child support voluntarily.

ON THE. Khramova did not hand over the writ of execution to the bailiffs. The ex-husband immediately began transferring money for the child through Internet banking. The purpose of payment indicates that payments are made towards alimony.

At the stage of enforcement proceedings

If the writ of execution is already with the bailiffs, it can be withdrawn. The claimant writes a statement about the end of the proceedings.

In the text of the appeal you must indicate:

• name of the BSC department;
• information about the claimant;
• information about the writ of execution;
• reasons for revocation;
• request to return the document;
• date and signature.

The application is registered with the bailiffs. The decision to return is made if the claimant revoked the writ of execution voluntarily.

Based on the results of consideration of the appeal, a decision is made to terminate the collection.

Revocation of a writ of execution does not mean a complete renunciation of alimony. The claimant retains the right to re-present the writ of execution.

Example 4. T.S. Nikulina handed over the writ of execution to the bailiffs for alimony. Production has begun. The minor's father sold the property and decided to transfer the proceeds to the child's account.

The parties entered into an agreement that the money would be transferred as part of alimony obligations. T.S. Nikulina wrote an application to revoke the writ of execution, indicating that the grounds for claiming maintenance for the minor had disappeared.

The bailiff issued a decision to terminate the collection.

Can I apply for child support again?

If the child’s mother’s circumstances have changed, she has the right to apply for child support again. This can be done before reaching adulthood.

Alimony is re-assigned in the following cases:

• after a court decision is made;
• upon presentation of the revoked writ of execution.

When applying again, the claimant has the right to claim previous alimony debts.

If you encounter any difficulties in withdrawing your application for alimony, it is recommended that you seek help from a family law lawyer.

Let's sum it up

Thus, refusal of alimony is possible in exceptional cases . They are paid in the interests of the minor, so the mother’s unauthorized decision may lead to a violation of his rights.

If the court has already made a decision to collect maintenance, it cannot be canceled. At the request of the debtor, the claimant has the right not to present the writ of execution to the bailiffs or to withdraw the document.

Is it possible to withdraw an application for alimony and how to do it?

Current legislation does not provide for legal registration of refusal, for example, by the mother of a child to receive alimony payments from the father of a minor for his maintenance.

However, there are situations in life when one parent refuses to receive child support from the other and the question arises as to whether it is possible to withdraw the application for child support from the court or from the bailiffs.

Despite the absence of such a concept as “waiver of rights,” the law allows several legal ways to withdraw your application (or judicial act) to collect alimony.

If a claim for alimony is filed in court

The Code of Civil Procedure of the Russian Federation establishes a number of grounds allowing the court to accept a waiver of stated claims. One of them is the absence of violations of the rights of parties and third parties in such refusal.

Unfortunately, the practice of the courts is such that they do not accept the waiver of claims for the collection of alimony, since alimony payments are collected not in favor of the applicant - the child’s parent, but in favor of the minor himself, and the court considers it a violation of his rights if the parent refuses to collect without valid reasons. for good reason.

Theoretically, with the help of an experienced lawyer, it is possible to prove in court that the child does not need to collect alimony (the mother’s high income; he is living in a new family, etc.), but such actions do not make sense. You can simply not present the received writ of execution to the bailiffs for execution, thereby refusing to exercise your rights to receive alimony.

When considering a child support case, you need to file a petition for the issuance of a writ of execution, after which the court will not send it to the Federal Bailiff Service. This option is the most optimal because:

• you have a positive court decision in your hands;
• you can apply for alimony at any time if the need arises;
• You decide for yourself whether to receive alimony or refuse it temporarily or permanently.

In addition, by abandoning your claim for alimony, you are deprived of the right to re-file it until there is a significant change in the circumstances that served as the basis for the refusal. For example, a second child will not appear or the financial or marital situation will not change significantly.

Is it possible to withdraw an application for alimony from the bailiff?

When the writ of execution is already in the hands of the bailiff, the claimant is not deprived of the right to petition for the termination of enforcement proceedings and for the withdrawal of the writ of execution from execution.

To do this, the claimant needs to submit an application to the department of the Federal Bailiff Service, which indicates:

• Name of the claimant and debtor, department of the Federal Bailiff Service;
• Grounds for recovery - Spanish. document, court decision, details;
• The reasons why the claimant wants to withdraw the application for alimony along with the court document;
• Requirement, applications, signature.

Based on the results of the consideration, the bailiff makes a decision to end the collection, but this does not in any case deprive the claimant of the right to apply for alimony again if other circumstances occur.

The right to re-present a writ of execution is retained not for 3 years, as in the general procedure, but for the entire duration of the obligation - i.e. until the age of majority of each child in whose favor the court withheld alimony.

Thus, the answer to the question of whether it is possible to withdraw an application for alimony is unequivocal - it is possible, but it is better and easier to first obtain a court decision, and only then decide whether you need to exercise the right to alimony maintenance or not. It is never too late to withdraw your application, but it is important to think about the future and that circumstances may change.