How to withdraw alimony from your husband

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Any child should be raised with his interests respected. This means that he should not lack for anything and his rights should be respected. The child has the right to communicate with both parents and to receive financial assistance from them. After all, all this is necessary for normal and healthy development.

From January 2023, the court can reduce fines and penalties for such debt if the alimony payer is seriously ill or is in a difficult financial situation.

Also, interest on debt accrual has now been reduced. If previously they amounted to 0.5% for each day of delay in payments, now it is 0.1%.

Russian legislation puts the interests of children at the forefront. One of the conditions for satisfying all needs is the procedure for collecting alimony. Moreover, you need to remember that alimony must be paid even if the spouses are not officially married.

Sometimes it happens that a child remains behind after the parents separate from their mother.
Acting on emotions, the woman decides that she does not need any help from the child's father. In such a situation, the mother may decide that she does not need to receive child support. Or another situation may happen, for example:

1. The child moves to live with another parent after reaching a certain age.
2. One of the parents (most often the father) is deprived of parental rights.
3. In court, it is established that the child's father is not the person listed on the birth certificate.

It is important to always remember that you cannot voluntarily refuse to receive alimony. Indeed, in such a situation, children’s rights may be significantly violated. If guardianship authorities or other regulatory authorities find out about such a case, serious problems may arise.

In 2023, in order to refuse alimony to the child’s mother, it is enough not to submit a writ of execution to the bailiffs. And for this, the father will have to file a counterclaim and a DNA test that will prove that this is not his child.

You can do this in three ways:

You just need to understand that in each of these cases you will have to prove your reasons for refusal. If the case comes to court, you will need to explain that your financial situation allows you to perfectly raise a child without the help of a second spouse. You will also need to make sure that each party is ready for such a refusal. It may also happen that your husband will not accept your decision.

If you haven't filed for child support yet

Everything is simple here. This is the best moment when you can refuse them, or not make such demands. However, remember that this issue will definitely arise in court. You should prepare in advance certificates, documents and witness statements that will confirm your financial situation. Most often they ask for a certificate from their place of work.

If the matter does not go to court, you can resolve this issue peacefully by drawing up an agreement with a notary. Just remember that here you will also need to show documents about your sources of income.

After the court decision

After the decision is made, you need to obtain a writ of execution. With this document you will have to contact the bailiff to open enforcement proceedings. You can come to the bailiff for an appointment and try to agree to stop the proceedings. To do this, prepare:

• photocopies of passports;
• child's birth certificate;
• a copy of the writ of execution;
• agreement to waive alimony.

Or, after receiving the writ of execution, you can not contact the bailiffs at all. In this case, production will not even be opened.

The second spouse does not want to refuse to pay

When one of the spouses does not want to refuse to help their child financially, it will be extremely difficult to force him to do this. In any case, this can only be done through the court, and in very rare cases. These include:

1. The financial situation of the spouse who pays alimony is extremely difficult.
2. Serious illness or disability of the second spouse.
3. Deprivation of parental rights.
4. Receiving a large amount at once or receiving expensive real estate, for example, an apartment.

Remember, even if the court issues a refusal, this does not limit the other parent’s other rights. He will also be able to communicate with the child and spend time with him.

Also remember, if you receive a refusal, before the child reaches 18 years of age, you can go to court again and file for child support.

Questions and answers

Marina
Good afternoon. She divorced her husband 3 years ago and has a son from the marriage. She filed a claim in court to receive alimony. The ex-husband pays practically nothing and constantly changes his place of residence and work. Now I’ve decided that I want to refuse to receive anything from him, I want to forbid him to see his son and, preferably, even deprive him of parental rights. Is it possible to do this?

Answer
You cannot refuse child support on your own. This money should go to his development and education, it is not yours.

You also cannot prohibit communication with your son; to do this, you need to go to court to establish the order of communication. To deprive parental rights, you also need to go to court. In your statement of claim, indicate the reasons why you want to do this.

In your case, this is the father's reluctance to pay child support. Perhaps the court will decide to deprive of rights.

Olga
My husband and I divorced 2 years ago. Since then, he has not paid alimony even once, although the court ordered him to do so. We have a son from our marriage, he is now 16 years old. She and her father communicate, go fishing, and go hiking.

He seems to give him some money personally, but there is no documentary evidence of this. I'm afraid that when my son turns 18, the father may also file for child support. Is there anything I can do now to stop paying alimony?

This is necessary so that later the son does not pay his father after 18 years.

Answer
Children who are already 18 years old must help disabled parents. In court it will be necessary to prove that there was no help from the father during all this time. In your situation, it will be difficult to prove this. Especially if the child confirms that his father gave him money.

Answer
Alimony goes towards raising a child. Moreover, to apply for alimony you can even be married, this money goes to the child. In your situation, you cannot just pick up documents from the bailiffs. You can only go to court and refuse alimony, but the court may not meet you halfway; it protects the interests of your son.

Oleg
My wife and I lived together for 5 years. We didn’t have our own children, and we adopted a girl from an orphanage. Now my wife and I are divorcing, can she apply for alimony? Is there any way I can refuse them?

Answer
If you are registered as the father, you have all the responsibilities of the biological father. Your spouse can file for alimony, and you will be required to pay it.

Evgenia
I filed for child support. The writ of execution was handed over to the accounting department of the company where the husband works. Now I want to refuse alimony completely and take the sheet. How can this be done?

Answer
You can refuse alimony only through the court. Remember, child support is paid not to you, but to your child. The court in this situation protects his rights and interests. You will not be able to withdraw documents from the accounting department on your own. You can try to contact the bailiffs, but they are also unlikely to meet you halfway; their job is to carry out the court decision.

Anna
I recently filed an application in court to recognize paternity of one man, they said I need to do a DNA test. This man agreed to admit that he was the father.

I also indicated in the application that I want to receive alimony. My father asks me to refuse; he is ready to pay voluntarily. He really doesn’t want there to be a court, a writ of execution and bailiffs.

Is there any way to refuse a statement in court?

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How to withdraw alimony from your ex-husband

The situation that became the subject of the trial is as follows: a resident of Khabarovsk supported her children herself for more than 20 years, without the help of her ex-husband, who did not pay child support. Years later, the citizen decided that the ex-husband was still obliged to pay what he owed. But local courts and bailiffs did not agree with the citizen’s desire to receive compensation for all the years when she raised children alone. The officials explained to the woman that her children were already adults, they should ask their father for unpaid alimony themselves, because this money was not intended for the mother, but for the children, who are now grown up and are able to go to court with a claim against the negligent father. But the Supreme Court of the Russian Federation did not agree with this decision of the local courts and explained how, according to the law, such disputes should be resolved. Judging by the documents available in the case, a certain citizen in the early 1990s, by a court decision, collected alimony from her ex-husband for the maintenance of their common children.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

Content:

• How to withdraw alimony from your ex-husband
• Cancellation of child support. Exemption from paying child support for minor children.
• Age does not matter
• Refusal to pay alimony
• What should you do if your ex-husband writes a complaint to get the alimony debt removed?
• Is it possible to cancel child support and how to do it correctly?
• Waiver of alimony in 2023

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Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call 8

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Because anyone can evade payments, but getting alimony canceled or exempted from paying it on a legal basis is a serious matter.

Are there really legal ways to stop child support payments?

Cancellation of child support. Exemption from payment of alimony for minor children

Evasion of alimony obligations is not a phenomenon that surprises anyone and does not require much effort. It is a completely different matter to achieve the cancellation of alimony in court, that is, on the basis of legislation. When a payer thinks about how to cancel child support, he has very serious reasons for this. Contents 1 How can I cancel alimony payments?

Age does not matter

I'm interested in the question: How to remove child support arrears from my ex-husband if he and the bailiffs are far from me. Contact the bailiff with a request to return the writ of execution.

Where should I go and what application should I write to waive the alimony debt from my ex-husband, and thereby lift the seizure of his property. He must write this, and you come to the bailiff’s appointment and renounce your claims and take the writ of execution.

Contact the bailiffs and revoke the writ of execution. A child was born in the marriage. At the age of 4 he was diagnosed with disability.

Categories of questions. Love relationship.

Leave your phone number and we will call you back at a time convenient for you! Statistics show that in our time the problem of refusal to pay financial resources for the maintenance of a child is very acute: more than 7 million claims have been filed for the collection of alimony, and the number of mothers who raise children on their own is increasing every year. The Constitution of Ukraine, Article 51, obliges parents to support their children until they reach adulthood. It often happens that the ex-husband leaves his wife alone with a minor child and refuses to allocate financial resources for the normal development of his child. In such situations, there is only one way out: going to court to calculate alimony. Parents, of course, have the opportunity to resolve everything by mutual agreement by concluding and notarizing an appropriate agreement, which will indicate the amount of payments and the timing of their implementation. Although the amount of alimony is established by agreement, in no case can it be less than half of the child’s subsistence level established by the state. That is why, if the ex-spouse violates the terms of the contract, recovery occurs not by a court decision, but by order of a notary.

Refusal to pay alimony

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According to family law and moral norms, parents are obliged to support and provide for their children until they reach adulthood.

The situation is normal. My daughter’s partner was awarded child support for the now 7-year-old child, which he pays irregularly and not in full.

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Is it possible to cancel child support and how to do it correctly?

Having studied the Unified Federal Register, which displays the facts of the activities of legal entities. A qualified lawyer can always intervene in the situation and help resolve the issue. In this case, the payment received is not taxed, so it does not need to be declared.

The only way to achieve this is to be the leader of this team and maintain an authoritative position with an opinion that the absolute majority of employees will listen to. I didn’t notice anything because I stopped believing.

Waiver of alimony in 2023

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Refusal to pay alimony | Kasyanenko and Partners

Statistics show that in our time the problem of refusal to pay financial resources for the maintenance of a child is very acute: more than 7 million claims have been filed for the collection of alimony , and the number of mothers who raise children on their own is increasing every year.

“Alimony – installment plan for the atonement of sins for eighteen years”

The Constitution of Ukraine (Article 51) obliges parents to support their children until they reach adulthood. It often happens that the ex-husband leaves his wife alone with a minor child and refuses to allocate financial resources for the normal development of his child.

In such situations, there is only one way out: going to court to calculate alimony . Parents, of course, have the opportunity to resolve everything by mutual agreement by concluding and notarizing an appropriate agreement, which will indicate the amount of payments and the timing of their implementation.

However, as practice shows, a very small number of spouses resolve such problems “peacefully”. There are cases when a wife can refuse alimony.

Cases of refusal of alimony

The ex-husband may refuse to pay alimony in the following cases:

• The father does not pay the funds, while the ex-wife does not demand recovery through the court. In this case, the child must be fully provided for, since government bodies do not have the right to interfere in family affairs.
• The husband and wife were able to peacefully resolve the issue of child support. In this case, a corresponding statement of claim is filed with the court to terminate the payment of alimony, which indicates the objective reason for the refusal.

It is important to understand that even the refusal of child support should be carried out depending on the interests of the child, and not personal emotions or prejudices. At the moment, the amount of alimony cannot fall below 50% of the subsistence level of a child at a certain age.

The amount of payments may be specified in a civil agreement or a court decision. Moreover, this amount is not monolithic; depending on the circumstances, it can be increased or decreased. This is affected by changes in financial and marital status, health difficulties, etc.

d.

In the event of a debt to pay alimony , the ex-wife has the right to receive a penalty, which is calculated as one percent of the amount of alimony for each day of non-payment. If the debt arose for reasons that did not depend on the payer, then such an obligation cannot be assigned to him.

The appearance of alimony arrears does not always indicate the payer’s dishonesty. Depending on the situation, the debt may be reduced or completely written off by court decision. Strong arguments in favor of this could be:

• the occurrence of serious health problems of the debtor;
• any other serious circumstances, such as lack of income or supporting disabled relatives.

You can also refuse alimony in exchange for your ex-husband’s real estate.

What to choose: alimony or real estate? 

Guardianship authorities may allow former spouses to enter into an agreement under which child support payments will be terminated in exchange for real estate.

Such an agreement must be registered and notarized. In this case, both the mother of the child and the child himself can receive the right to real estate.

Shared ownership is also possible.

Such an agreement cannot free the father from participating in additional expenses for the child that were caused by unforeseen circumstances.

An agreement on waiving alimony in court may be declared invalid or terminated at the request of one of the parties due to a violation of its terms.

Dmitry Kasyanenko – managing partner of the legal entity. Kasyanenko and Partners company