How to avoid paying child support. How can a father avoid paying child support through legal means? The concept of alimony agreement is the transfer of valuable property to a child

Relief from the alimony burden, or a change in the amount of payments can be made only by decision made by the authorities judiciary. If there is no such decision, the employer of the alimony payer is obliged to properly retain them from the employee. Accordingly, the parent cannot independently change the amount of the amount or, even more so, completely avoid paying it.

How to refuse alimony by law

The application is submitted to the court. On this has the right to both the defendant himself and the recipient of alimony, if due to a changed financial situation he needs a smaller amount of maintenance, or does not feel the need for it at all.

If there are third parties who must pay first maintenance to the needy, the question of how to get rid of alimony becomes solvable. For example, the primary obligation of the blood parents to the child before the guardian.

The court may recognize other reasons that contribute to the rendering positive decision in a case of reduction or exemption from payments in favor of the recipient of alimony. For example, the payer receives a disability and is declared incapable of work.

Also, the question of changing the payer’s obligations may be relevant if the person receiving maintenance commits intentional crime directed against him.

In general, the list of grounds on this issue remains open and not regulated by law. Therefore, each lawyer approaches how to avoid alimony in his own way.

Previously, the legislation stated that parents are exempt from paying maintenance for children who are fully supported by any organization or state. Currently, this is not an indicator at all. So, for example, the organs in whose care the child is, themselves has the right to file a claim for alimony from unscrupulous parents.

If a positive decision is made in the case of changing alimony payments or exemption from them, the obligation of the alimony payer changes from the date of entry into force of this decision.

How to evade child support

If the problem associated with this is not resolved in a legal way, unscrupulous payers may resort to infringing methods.

Evasion of alimony, of course, punishable by law, but as practice shows, this is not enough to prevent the arbitrariness of negligent parents. For example, for malicious evasion the maximum that threatens is up to 180 hours of compulsory labor, three months' arrest, or correctional labor for one year. But most often the court decides to withhold a tiny percentage from the official salary.

IN Lately To fight for children's rights, raids are being carried out in many regions aimed at identifying alimony defaulters and enforcing certain sanctions to them. Which, of course, slightly improves the overall picture of what is happening in this regard.

Experts advise not to wonder similar questions, A bear responsibility in good faith to fulfill its obligations.

How to avoid alimony - this problem arises when spouses divorce in the case when the marriage is dissolved, and the personal pride of men is affected, who, after divorce and dissolution of marriage, consider themselves deceived by their ex-wives regarding their paternity.

Other reasons for divorce and dissolution of marriage, regardless of the wishes of the spouses, may be serious financial problems related to education new family and the appearance of children outside ex-marriage, as well as the deterioration of the defendant’s personal health after the divorce.

It is clear that during divorce and dissolution of marriage, the moral side of actions to obtain privileges after marriage and outside the law is not discussed by us.

How to avoid child support?

The legislation of the Russian Federation protects the interests minor children V financially, and obliges the parent who does not live with the child, on time and in full, to implement alimony payments.

Recently, there has been an increase in alimony defaulters, due to the lack of strict administrative liability, which makes it possible to evade payments.

Nevertheless, administrative responsibility for evasion provides compulsory work from 120 to 180 hours, correctional labor for up to 1 year or arrest for up to 3 months.

Analyzing practical use standards of liability, the maximum that a defaulter faces is the deduction of a certain amount of alimony from the official salary.

How to avoid alimony?

The grounds for termination of child support payments depend on whether the payment was ordered by a court or whether there is an agreement between the parents on the payment of child support. Depending on the grounds for the occurrence of alimony obligations, the payment of alimony stops when following circumstances.

a) upon the child reaching the age of majority or in the case of acquisition by minor children full legal capacity until they reach adulthood.

An adult is a person who has reached the age of 18.

How to Avoid Paying Alimony

There are several categories of persons who are entitled to legal payment. The first and well-known to everyone include children who have not reached the age of majority, as well as children who have reached the age of majority but are incompetent. The second category of persons for whom alimony payments are provided are parents. In the event that the parents are disabled or their financial situation below the subsistence level, then they have the right to collect alimony for their maintenance from their adult able-bodied children.

How to avoid paying a penalty for late alimony payments?

Hello, I'm sorry for the trouble, but I just don't know where to turn. We have this situation: ex-wife my husband left our family and our joint child (he is now 1 year old) without a livelihood. In their marriage, they had a daughter, Olya, and she is now eight years old.

It all started when last year my ex-wife filed a lawsuit for arrears of alimony in the amount of 200 thousand; we did not use the services of a lawyer (this was our mistake), since in principle we did not refuse the debt.

How to avoid paying child support?

IN in this case it doesn't matter how many times you've seen the girl or whether you've been warned that she plans to conceive and give birth to a child. You will still be required to pay child support if the court establishes the fact of your paternity.

Parents have the right to enter into an agreement on the maintenance of their minor children (agreement on the payment of alimony) in accordance with Chapter 16 of this Code.

How can I avoid paying 50%

I have three children from my first marriage. After the divorce I paid 17,200 rubles - fixed amount. Now my ex-wife is suing for 50% of my income. But I'm getting married in September and therefore would like to avoid this amount.

I live in a rented apartment, my ex-wife lives in a 2-room apartment and has acquired a plus mortgage maternal capital another one-room apartment. I am sure that she simply decided to pay off her debts at my expense, the children had nothing to do with it.

How can you avoid alimony or reduce its amount?

Payers often wonder how to avoid alimony payments legally. It is known that evasion of alimony payments entails a lot of unpleasant consequences, of which fines are not the worst.

The obligation to support their children, even if they live separately, is imposed on parents by law. And if, after a divorce, one parent has obligations to pay child support, then they should not evade them.

Initially, you can get away with penalties, fines and administrative liability.

The law obliges a parent who does not live with his or her offspring to pay maintenance. If the payer does not do this voluntarily, the court will oblige him. Quite often, parents are interested in how to avoid paying child support. Children are an unprotected category. Therefore, in Russia the state protects their rights. It is possible to reduce the amount of maintenance or not pay it at all, but this must be good reasons.

Legal ways not to pay child support

There are several options on how to avoid alimony in a legal way:

• the son is eighteen years old and is not studying;
• one of the parties has passed away;
• results genetic examination showed a lack of relationship with the child;
• the child became legally capable: he got married and got a job.

According to Art. 80 of the Civil Code, each parent is obliged to support their offspring until they acquire legal capacity. Therefore, upon turning eighteen years of age, payments stop automatically.

If a child enters full-time education, he must take relevant certificate from the place of study. It gives the right to further content. Only confirm this right will have to every year until graduation.

Upon the death of the payer, the deductions also cease automatically; the state will begin to pay a survivor's pension for the maintenance of the child. In other cases, if the question arises of how to get away from alimony, you need to file a claim in court. It will have to be attached documentary grounds about termination of payments.

There are two more options not to pay alimony:

1. Transfer valuable property to a child. For example, a car or an apartment. For this purpose, which states the fact of transfer of property for maintenance.
2. Pick up the child. When a child lives with one of the parents, the other is obliged to pay maintenance to the child. Prove this fact You can take a certificate of family composition.

Sometimes the payer understands that the funds he pays do not go to support the child. Then he needs to write a statement to the guardianship and trusteeship authorities, demanding to check the expenditure of funds. The parent has the right to demand that
half of the money paid was walking Only reasons are needed for this. If the payer is right, all his claims are satisfied.

Grounds for reducing the amount of alimony

In addition to the topic of how to get rid of alimony, people are interested in reducing the established amount of maintenance. Through the court, you can achieve a reduction in the amount of maintenance. For this, one of the reasons must be present:

• Significant reduction in wages.
• The onset of disability or deterioration in health that requires additional funds for treatment.
• Appearance at the payer.
• Unofficial employment.
• Banning the wife from seeing the child.
• When providing the offspring with the state.
• If funds are spent on the offspring in less quantity than are paid.

If the parent and the judge have ordered them to be paid, it is impossible not to pay them. To reduce or avoid paying child support legally need to contact court with a claim. Only the reasons must be compelling and documented.

Procedure

Let's assume that the parent has already applied to the court and a decision has been made to pay maintenance. How to get rid of alimony or reduce its amount, consider the procedure:

• First you need to determine the basis that will give you the right to cancel or reduce the amount of maintenance.
• If there are compelling reasons, you need to collect a package of documents:

1. write a statement of claim;
2. identification;
3. offspring's birth certificate;
4. Marriage certificate;
5. certificate from the place of work;
6. documentary reasons for canceling or reducing the amount of payments.

• The papers are submitted to the court that initially made the decision to collect child support. It is necessary to act based on Art. No. 394 of the Civil Code, about newly discovered circumstances.
• At the trial you will have to defend your position and seek a review of the case. Usually, judges side with the children. Therefore, it will be quite difficult to achieve a reduction, and even more so, the abolition of alimony. You cannot do this without the help of a lawyer.

If the basis for canceling the penalty is the lack of relationship with the child, you will have to additionally undergo an examination to establish paternity. You just need to understand that the mother must give consent to it. Only the result of the examination will serve as a basis for canceling the obligation.

If you can convince the judge of the legality of the actions, he will decide to revoke the alimony.

Important! You can file a claim to revoke alimony due to newly discovered circumstances only within three years after they have been changed. Otherwise, the application will not have legal force.

It is worth highlighting separately the cases of alimony collection. This act is issued in a simplified form. There will not be a full hearing when a decision is made. To raise objections to an order the defendant is given ten days. If they do, a full hearing on the case is scheduled. Both sides should already be present here. You cannot simply tell the judge about your disagreement; you will have to provide compelling reasons and reasons. Serious reasons for cancellation court order serve:

• low income;
• there is no own housing, so monthly money is spent on rent;
• large monthly expenses on loans and loans, which does not allow paying alimony in the required amount;
• loss of ability to work;
• there are existing obligations.

If the grounds are found to be significant, the court order will be canceled. This will not prevent you from filing a claim for alimony, but Extra time will be won.

Time to appeal a court order ten days are given. If it is missed, the appeal is restored, but good reason. Eg:

• being on a business trip;
• late receipt of the document due to bad work mail;
• treatment in hospital.

It is necessary to understand that the cancellation of a court order does not mean the absence of obligations. If the parent is the child's own, he will have to pay him maintenance.

Punishments

By law, both parents have obligations to their offspring, even in the event of a divorce. Each of them must support their child and have the right to participate in his upbringing.

Malicious evasion of obligations may lead to liability under Art. No. 157 of the Criminal Code. You can leave her only by paying the alimony debt. Per child includes:

• lack of payment for 4 – 6 months;
• open reluctance to pay child support;
• the payer has hidden income;
• in order to avoid payment, the payer constantly changes his place of work;
• The parent is not looking for work in an attempt to avoid paying child support.

When there are several signs of malicious evasion from paying alimony, liability under Art. 157 cannot be bypassed. In this case, the court must have in its hands documentary evidence grounds. Persons who maliciously evade paying child support should understand what awaits them:

• correctional labor for up to one year;
• arrest for three months;
• imprisonment up to one year.

Avoiding paying alimony means freeing yourself from alimony obligation on legal grounds, supported by weighty arguments. Many people perceive this phrase incorrectly, believing that it implies malicious evasion cash payments per child.

Today, for many payers, alimony obligation has become a serious problem, since the amount of monthly deductions can reach up to 70% of their monthly income. In this situation, parents are beginning to think about how they can bypass payments legally. It turns out that nothing is impossible. Our article will tell you how to avoid alimony without going beyond the law.

How to avoid paying child support through legal means?

Despite all the severity of the law, there are still several ways that allow the payer to legally avoid monthly alimony payments per child. Let's look at some of them in more detail:

Until the offspring reaches adulthood, the parent is obliged to support him. As soon as the child turns 18 and becomes legally capable, the child support obligation will automatically cease (provided that he does not go to study anywhere).

Child support deductions automatically terminate upon the death of the payer. The minor will begin to receive state aid in the form of a survivor's pension.

The concept of alimony agreement is the transfer of valuable property to a child

Guided by Article 104 Family Code RF, the father can fully repay his alimony obligations by transferring any expensive property to the child. In this case, the value of the transferred property must cover the amount of all alimony payments that the parent must pay until the heir comes of age.

This method may not always be used. One of the conditions allowing the transfer of property is that the father makes payments according to at will without coercion from the court. If the court ordered the parent to pay child support, then it is no longer possible to challenge its decision in order to change the form of payments.

In order for the transfer of property to a child instead of alimony to be legal and fair, it must be authorized by representatives of the guardianship authorities. After they evaluate it, a child support agreement is concluded between the parents. The presence of a notary is mandatory.

The alimony agreement stipulates all the terms of the transaction, namely:

• it is stated that the father is no longer obliged to pay alimony, since he transfers part of his property to the child;
• the type is indicated transferred property and its cost (garage, car, apartment, house, large sum money, etc.);
• the fact of transfer of property is recorded.

This method of getting rid of alimony obligations involves certain risks. For example, the mother's use of the transferred amount of money or real estate not for the child's needs. In addition, the property may be illiquid. The guardianship authorities should monitor this, but anything can happen. We can only hope for the integrity of the parents who enter into a child support agreement.

Spouses who do not want to contact each other after a divorce use a different method to resolve the issue of alimony. It is as follows: when dividing the acquired property, the father gives the mother, with whom the child remains to live, most of it. This section assumes that in the future ex-spouse is not required to pay child support.

Reasons for reducing alimony payments

The father cannot evade alimony payments if there is a court decision to do so and there are no compelling reasons for their cancellation. The only thing he can do is try to reduce their size within the limits of the law. It is impossible to do this on your own. To change the amount of payments, the former spouse must provide the court with compelling reasons, supported by documents. Let's look at some of them:

The list of reasons for reducing the amount of alimony payments can be continued for a long time. In order for the court to make a decision in favor of the father, the latter must provide irrefutable evidence that his demands are well founded.

The father's procedure and the necessary documents to terminate the payment of alimony

What should a parent do if the court has awarded him child support, but for a number of reasons he wants to stop it? First, he needs to find compelling reasons to cancel alimony payments. The parent must also collect a whole list of papers, including:

• statement (claim);
• a document proving his identity;
• a copy of the child's birth certificate;
• a copy of the marriage or divorce certificate;
• certificate from work;
• documentary evidence of the need to cancel the lien.

The documentation is submitted to the same court where the decision was previously made to assign the parent a child support obligation. It will not be easy for the payer to get alimony cancelled, because judges usually side with the children. The defendant will need the assistance of an attorney.

If the cancellation of child support is based on the lack of relationship with the child, then the parent will have to undergo an examination to confirm or refute paternity. The results obtained will be the basis for canceling deductions.

After the court decides to cancel the payer’s alimony obligation, the latter will be issued executive document. The parent must provide it bailiffs who will stop collecting payments.

It is important to understand that the cancellation of child support does not mean that parental responsibilities are removed from the father. If the child is a relative of the payer, then the latter is obliged to pay for his maintenance.

How not to pay child support? This question in itself sounds strange, because mandatory payments are provided for by law. However, there are several nuances that the payer can take advantage of in order not to pay alimony in a completely legal way.

Law and payment of alimony

Alimony is obligatory payments, which are intended to support that family member who, for some reason, cannot provide for himself. Usually we're talking about about children, however, according to the law, pregnant spouses, disabled brothers or sisters, etc. can receive them.

Mandatory alimony payments are provided for by law; for evading them, the payer may be punished, including criminal penalties. However, there are situations when you can either significantly reduce the amount of payments or refuse them altogether without breaking the law even in the slightest. Since in Russia the absolute majority of alimony payers are fathers, then we will mainly talk about how not to pay child support exactly to them.

So, how can you avoid paying child support? The first method is to replace alimony payments by transferring some expensive real estate (house, apartment, garage, etc.) in favor of the child. This option, however, requires compliance with certain conditions:

1. This is possible only with the consent of the guardianship authorities.
2. Substitution is permitted only for alimony by agreement. In relation to alimony ordered by the court, this method does not work.

The second option is to take the child for yourself. If the father himself raises and supports a child living with him, he has the right to apply to the court to cancel alimony. However, we must remember that this will require either the mother’s consent or compelling reasons that can justify such a step in court.

The third way would be to cancel alimony after the child is adopted. If after the divorce the ex-wife remarried and her new spouse adopted a child, child support payments may be terminated.

Finally, the last option would be to deny the relationship. If you can prove that the child is not your own, but was born after his wife’s infidelity, alimony will be removed. True, irrefutable evidence will be required, because according to the law, all children born in marriage are automatically considered to be descended from their mother’s husband, unless otherwise reliably proven.

Cancellation of spousal support

The legislation provides that support payments are made not only to the child, but disabled spouse, as well as to the wife while she is pregnant or raising small child(up to 3 years) or disabled. How can you avoid paying child support in this case?

According to the law, payments to a disabled ex-spouse can be avoided in the following cases:

• if the marriage was too short;
• if the inability to work is caused by alcoholism, drug addiction or criminal acts the former spouse himself;
• if the behavior in marriage was recognized by the court as unworthy (what exactly is meant by this is decided by the judge);
• if the marriage was not dissolved in as usual, but declared invalid.

How can I reduce my payments?

If the payer wondered how not to pay alimony in in full, he can take the following steps:

1. Prove in court that set size payments are such that it seriously violates the interests of the payer himself or his new family. For example, if after a divorce the former spouse remarried and was born into the marriage new baby, the court can meet him halfway and reduce the amount of alimony so that the maintenance of the older child does not come at the expense of the younger one.
2. IN judicial procedure prove that the mother uses child support not for the child, but for herself. This is a completely legitimate reason to reduce payments.
3. Go to university to receive higher education. For students studying at full-time department, the amount of alimony can be significantly reduced.