How to refuse child support to a father. Is it possible to reapply after a refusal? Refusal of a claim for alimony during the trial

The basis for refusing to pay alimony is, first of all, psychology. Since there is no logical basis for the voluntary refusal of financial resources required by law, even with high financial security of the parent.

When refusing to receive funds, the parent or guardian acts on behalf of the child, because alimony is intended to ensure his comfortable and trouble-free existence until adulthood, be it extracurricular development or education, and not to improve the material well-being of adults.

Based on the RF IC and the Federal Law on Children's Rights, the subjective right of any child is mandatory provision by parents and receipt of funds from a parent who does not pay child support voluntarily.

The modern judicial system completely excludes the positive outcome of claims for refusal of alimony and provides cases in which collection can come from the initiative of the guardianship and guardianship authorities if both parents do not have the proper desire. But in practice, there are several tools that allow you to effectively refuse to receive payments.

Reasons for refusal

Most often, the reason for refusing alimony payments is the emotional reluctance of one of the spouses to somehow depend on the other. But there are other options that have a more rational basis:

• when refusal is required by the payer, on whom the issuance of consent to take the child to another country depends;
• the reasons for depriving the parental rights of the spouse responsible for receiving alimony and providing for the child are hidden;
• payment of alimony in a one-time amount sufficient to support the child until his 18th birthday. This is suitable in cases where the parent’s income is unofficial and it is impossible to legally formalize the fact of their transfer.

However, in a given situation, the law of the Russian Federation regulates the absence of reasons to limit the rights of a child by canceling alimony. Therefore, in order to refuse, it is necessary to carefully prepare documents and strictly follow the procedure.

Registration of refusal

Registration of refusal of alimony payments depends on the situation in which the parents find themselves:

Application for waiver: Most often, the need to waive alimony arises during enforcement proceedings. In order to terminate the execution, it is necessary to obtain a corresponding court decision. This is done by writing and submitting an application on the part of the plaintiff.

Sample application for waiver of alimony

Download a sample application for waiver of alimony:

Refusal of alimony is an almost impossible procedure from the point of view of the law. However, if there are compelling circumstances and provided that the refusal does not harm the financial support of the children, it is possible to find tools to stop payments.

In practice, situations occur when the ex-wife refuses alimony. The funds are collected for the maintenance of her or common minor children. Is voluntary refusal allowed, in what form is the legal act performed and what are its consequences?

Can a wife refuse alimony?

The legislation does not contain the concept of voluntary refusal. The content of this action makes it possible to establish that it is committed by the wife with whom the man is in a marital relationship or divorce. In what cases is the wife due payment of maintenance?

• when leaving her to raise a minor child together;
• upon the onset of her incapacity for a certain time after the dissolution of the family union;
• during pregnancy and until the child reaches three years of age while on parental leave;
• when maintaining a child recognized as a group I disabled person from childhood or until he turns 18 years old.

Suspension of payments when one parent is deprived of rights to a child is not legal. If a citizen is deprived of the opportunity to take part in raising children, this does not mean his refusal to provide. Only the party who has the right to receive the money can release him from payments. Until the child reaches adulthood, the former spouse usually acts in this capacity. In its absence - legal representatives: guardians and trustees (clause 2 of article 71 of the RF IC).

Peculiarities of registration of refusal by offset of claims

Parents can agree on the procedure for calculating child support for a certain period or until the child reaches a certain age by drawing up an agreement. The document states what valuable property is registered in the name of the minor and the amount of alimony. Such acts of bilateral expression of will of spouses, also former ones, must be certified by a notary to give them legal force. Written receipts and documents written in one's own hand without registration in a state office, when they arise, are considered as evidence, but not as grounds for exemption from payments.

What documents are needed to formalize the refusal?

When releasing the alimony payer from obligations, the notary office and the court will need to provide the following package of documents:

• Marriage certificate;
• metrics for children;
• applicant's passport;
• basis - an agreement drawn up by a notary or in court to resolve the dispute amicably.

When contacting bailiffs, it is enough to present duly certified documents indicating the refusal.

This parents' responsibility provide financially for and support your own child.

But situations often arise when the plaintiff refuses to receive alimony, regulating his position with various arguments.

In order not to receive alimony, a parent can issue a refusal, but such a document will be insignificant, since the money is intended neither for him, but for the child.

Actually refusal of alimony may result in for the person who refuses it is negative - for example, if the guardianship decides that the mother is not wealthy enough and cannot provide the child with everything necessary, but at the same time wants to release the father from child support obligations, she may be held accountable on the basis of failure to fulfill the assigned duties.

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For this reason, before making a decision such as refusing alimony, you should weigh everything and decide whether this action will infringe on the rights and well-being of your own child.

You can voluntarily refuse from receiving alimony if:

• drawn up, according to which the payer will financially help and pay for the needs and needs of the child without specifying a strict amount;
• the recipient has created a new family, where the other half takes care of the child;
• by agreement and with the permission of guardianship, alimony can be collected in the form of property - for example, a husband leaves an apartment to his wife and child, half of which he was the owner, instead of paying alimony.

How to complete this procedure - required documents

If documents on alimony obligations have not previously been filed with the court, then you can conclude the agreement with a notary. To do this you need to present:

1. passport;
2. agreement in writing (a specialist will help you draw it up);
3. birth certificate (metric) of a child.

If alimony payments are received according to a decision made by the court, then the recipient needs to contact the bailiffs, where he needs to provide:

1. identity documents (birth certificate, passport);
2. a statement indicating the reason why the proceedings should be terminated;
3. a receipt stating that the money has already been paid or a notarized agreement;
4. performance list.

An application to cancel a court order for alimony is available for download.

Payment cancellation methods

The simplest option refuse alimony payments - simply do not file a claim for them in a divorce.

But, if the guardianship becomes interested in the reason for such an act, the parent with whom the child lives will have to justify the reason for his decision and convince the inspection authorities that the child is being maintained with dignity and is not in need.

IN otherwise guardianship may oblige you to receive money from your ex-spouse so that children's rights are not infringed.

Voluntary agreement

In accordance with Article 326 of the Code of Civil Procedure of the Russian Federation, it is possible to cancel the collection of alimony through a conclusion between former spouses settlement agreement.

Moreover, if the proceedings have already begun, then it is enough to declare its termination, which is regulated by Article 440 of the Code of Civil Procedure of the Russian Federation.

But, it is impossible to refuse to receive funds if it is established that this action will harm the development and living conditions of the child (Article 39 of the Code of Civil Procedure).

To opt out in this way, will need to provide a certificate that the marriage between the spouses has been dissolved, as well as documents confirming the identities of the former spouses and their common child.

Without the consent of the second spouse

If the payer of alimony wishes not to pay it, he must file an application for termination of obligations with the court at the place of registration of the recipient of alimony payments.

To carry out the procedure it is necessary:

• to write an application;
• prove that the recipient does not need payments - for example, the child lives with the plaintiff or the recipient has lost the right to payments (87, 97, 92, 90, 96 articles of the Family Code);
• performance list;
• if the payer is unable to pay money due to a difficult financial situation, disability or illness (Article 114 of the Insurance Code).

The Statement of Claim form for exemption from further payment of alimony can be downloaded.

Notarial refusal

Execution of this form of refusal relevant in that case, if an agreement was previously concluded between the parents.

But it is important to remember that the recipient must provide the notary with compelling reasons for refusing payments and prove that the child’s standard of living will remain the same.

It is much easier to register with a notary a waiver of payments in light of the lump sum receipt of a certain amount or property. In addition, this agreement can include conditions under which the payer assumes certain material obligations.

To carry out the procedure you should:

1. provide personal documents;
2. draw up and sign an agreement between the parties in the presence of a notary;
3. provide evidence of the ability to provide for the child on your own.

Receipt to stop receiving money from ex-husband or wife

Such a document will not have legal force if it is not in addition to one of the above options for reaching a consensus between the former spouses regarding the payment of alimony.

Nevertheless, Such an agreement can be drawn up if Identification documents of those present were provided:

• if both parents agree;
• if the guardianship authorities do not mind.

It is not uncommon for a situation when the court awarded alimony - if you do not want to receive it, you will have to visit the office and take the writ of execution with you.

After this, you should go to the bailiffs and put a mark indicating that you do not want to receive funds. In accordance with the law, a refusal issued in this way stops the proceedings.

Is it possible to apply again after termination of alimony obligations?

To this question the answer is completely positive- You can resume receiving alimony in the following ways:

• terminate the agreement to refuse payments and enter into a new agreement to receive them;
• if the refusal was issued during the divorce process, then you should apply to the court for payments;
• if you have a writ of execution in your hands, you need to go with it to the bailiffs, where a statement is written and the proceedings are resumed.

But, you should know that you can claim an amount not exceeding what would have been paid for the three previous years.

Pros and cons of making such a decision

Among the positive aspects when refusing payments, one can note, perhaps, only a complete lack of interaction with the ex-spouse.

And since such a procedure infringes on the rights of the child, guardianship may be interested in the reasons for refusing payments - the recipient will have to prove that the child does not need anything and is not being infringed upon.

Alimony is one of the types of monetary obligations, which is an inalienable duty of a citizen. When certain life circumstances occur, a person undertakes to provide financial assistance to those who need it. At the same time, there must be a family connection between the payer and the recipient. These citizens include not only children, but also ex-husbands or wives.

Recently, a lot of questions have arisen about the possibility of refusing to pay alimony obligations. A difficult economic situation or simply difficult relationships between people suggests a desire to get rid of material payments. In this article, we propose to consider issues of refusal to provide alimony. What is the essence of such a process and what are its features? Having analyzed the regulatory framework, which only superficially touches on this issue, we have derived the most important rules.

What is a waiver of alimony?

In order to understand the refusal system, you must first give a precise definition of alimony payments themselves. Thus, in regulatory legal acts, this phenomenon is considered as an obligation of material assistance in a certain amount and with precise frequency in relation to children or a spouse, including both those who are married and after divorce.

Alimony payments are necessarily financial in nature. The body of Themis or a voluntary agreement between the parties assigns a fixed sum of money or a percentage of the income, which one party undertakes to provide to the second party to support vital needs. The amount of financial support is quite large. Due to certain misconceptions, it is believed that alimony is pennies that are not worth the legal red tape when problems arise. But don't think so. For example, depending on how many children a citizen has, different percentages may be charged: for one - a quarter of the income, but for three - half of the profit.

But, due to certain circumstances, it may be necessary to waive child support. Today this phenomenon is quite common and interests many who are bound by such obligations.

It is worth distinguishing between two different concepts: cancellation and waiver of alimony obligations. Cancellation represents the presence of certain facts that, by virtue of their existence, make the payment of financial assistance such that it contradicts its essence and principle. Since alimony is intended to maintain the financial condition of children and spouses, the severance of these ties or the appearance of a person who, according to the instructions of the Law, must now take care of them eliminates the need to participate in supporting the financial plan of the previously appointed alimony payer. For example, this could be the adoption of children by another person, to whom the responsibility for financial support now passes, or the marriage of a wife or husband for the second time, which implies the same transfer of material support.

But if we talk about refusal, then the psychological factor plays a role. That is, we're talking about about the attitude of the alimony payer to his debt and the views of the one who receives such money. The most frequently asked question is the possibility of a mother’s unilateral refusal of child support from her ex-husband. It is important to remember that financial assistance is, first of all, not the right of a child or wife, but the responsibility of a person who does not live in the family or does not fulfill his financial obligations in marriage. In the case when the money goes to the baby, the mother cannot refuse it on her own without good reason, since the state has established a clear rule that the husband must support his children.

Regardless of the fact that the legislation does not provide for a clear scheme and possibility, modern practice has developed several situations in which refusal to pay alimony becomes possible.

Procedure for refusing alimony

Now let’s figure out how to correctly legally formalize the process of refusing to pay alimony obligations. Today, this procedure is not clearly regulated in the legislative framework. Therefore, it is necessary to consider it in conjunction with practice.

The first and basic rule: an agreement to waive alimony is not formalized in court. Themis bodies cannot consolidate the voluntary decision of the parties that they terminate such relationships. This is due to the fact that the legislative framework states the opposite rule - a person undertakes and must provide financial assistance.

How to file a waiver of alimony? Cases of this kind are resolved by agreement of the parties and are fixed among themselves in the form of an agreement or contract. At the same time, depending on the stage at which questions about the payment of alimony are located, the following are distinguished:

• before the court agreement. When the family did not go to court to establish an obligation to pay financial support;
• during the trial. Then, when the issue of establishing alimony obligations is at the stage of consideration by the Themis body;
• after the court agreement. It is used if a court verdict has already been issued, which obligated one of the parties to pay certain amounts.

Each of these situations has its own separate order. So, if the agreement is drawn up before the parties turn to the justice authorities for help, it will be the easiest to resolve this issue. Parents or former spouses can draw up a special agreement. It will indicate all the rights and obligations of the parties in relation to each other. The main rule that will be enshrined in the agreement will be that there is no need for the husband or wife to pay periodic amounts for the maintenance of children or the other party to the agreement.

The issue becomes a little more complicated if one of the participants filed a lawsuit to collect alimony and the case is in the process of being resolved. In this case, the one who applied to Themis body will need to withdraw his application. That is, it is necessary to stop the process of resolving the issue of alimony in court and only then draw up an agreement.

To do this, you need to go to court in the same way as when filing a lawsuit. You need to make a special application. It is written according to all procedural rules. In the upper right corner indicate the name of the Themis body, the names and places of registration of residence of the parties. In addition, it will be necessary to indicate the number of the case itself, which is already being considered in the proceedings.

Next comes the title of the document. Next is the main part. It will need to describe who is applying and all the facts of the case. So, it is necessary to indicate that such a case is pending. But, due to the reasons that have arisen (be sure to write them down), the party does not see any further point in the proceedings and abandons the claim it previously filed.

Then comes the petition - in our case there will be an indication to terminate the consideration of the case for the collection of alimony by the justice authority. Following should be a list of attached documentation. At the end there is a date and signature.

In order to visually see what an application for waiver of alimony should look like, we suggest that you familiarize yourself with its sample. You can also use it as a basis for entering your own data:

In the case where alimony is paid by decision of the Themis authority, you will need to contact the bailiff service. To do this, you must submit an application to revoke the writ of execution. Based on this, the authorized employee reviews the alimony case and suspends the person’s obligation to pay bills. From this moment on, the lack of financial support will not be considered a debt and the citizen will not be held accountable.

Drawing up an application for refusal of alimony

As we previously noted, refusal to pay alimony obligations is carried out on the basis of drawing up a special agreement between the parties. At the same time, there is no specific uniform sample of such a document. Today, its content is discussed by the participants in the process and put on paper under their signature.

Since the refusal of alimony is carried out voluntarily, the will of each party must be expressed without coercion. Based on a joint agreement, all rights and obligations are secured and, most importantly, the fact of refusal of financial assistance.

The format should be as follows. At the beginning, the name of the agreement and the parties between whom a compromise was found are indicated. Next comes a reference to the complex of rights and responsibilities of each participant.

Waiver of alimony is best certified by a notary. To do this, the parties can contact any notary office, regardless of whether it is private or public. You must have with you:

• the original document, which indicates the birth of a child and each of the parties is recorded in it as mother and father;
• documents that indicate that a marriage was previously concluded between the parties to the agreement, or a document that indicates its dissolution;
• a document that identifies each participant;
• other documents depending on the stage of the case regarding the appointment of alimony obligations (for example, a court decision).

How to write a waiver of alimony? It can be drawn up either directly from the notary, or earlier before visiting the relevant employee. Today, the parties can write a contract on their own or use the help of professionals. To do this, you will need to contact a law office that deals with family law issues. Its employees will help not only draw up the agreement correctly, but will also work on its content. In such cases, if disagreements arise between the parties in the future, it will be easier to resolve all controversial issues, since professionals with experience in working with such cases include important clauses in the agreement to regulate disagreements. But it is also worth understanding that services of this kind will not be very cheap.

Waiver of alimony through a one-time payment

One of the most frequently used options for refusing to pay child support obligations today is a one-time transfer of the necessary amount or real estate to support the child. Nowadays, in practice, they increasingly prefer to carry out a one-time action and in this way limit themselves from the need to periodically pay bills in the future.

As a rule, such actions are expressed in the form of transfer of ownership of real estate. In most cases, this is an apartment. Thus, the father has the right to transfer housing to the child, to whom he must regularly pay child support. It is in this way that he covers all his debt in advance.

What are the advantages of this option? First of all, it is confidence that the children will be provided for. At the same time, the use of real estate or finance must be made taking into account the opinion of the person in whose custody the child is (mother, trustees). Secondly, such a scheme implies the absence of possible legal liability as a result of the alimony payer’s failure to fulfill his obligations. Since the entire amount is paid in advance, there can be no question of any stitching.

It is worth noting that the procedure for transferring money or real estate must be properly established. In addition to the act of transfer of ownership (if we are talking about housing), it will be necessary to draw up a bilateral agreement.

In it, the parties must indicate that the one-time payment or real estate is transferred to the child as child support obligations. This is necessary so that in the future the second spouse cannot challenge the fact of paying alimony.

Does abandoning a child exempt you from child support?

This question is asked by almost everyone who is faced with the situation of having to pay alimony obligations. But his decision itself is considered legally incorrect. In law there is no such thing as “child abandonment.” But if we proceed from practice and analyze what people mean by this term, we can derive several forms:

• adoption of children by another person;
• deprivation of parental rights;
• dispute about the fact of paternity in the bodies of Themis.

Each of these options will have different consequences. First, let's look at adoption. So, after parents divorce, it often happens that they remarry other people. At the same time, the new husband or wife shows a desire to legitimize their relationship not only with their significant other, but also with her child.

In this case, the adoption procedure is used. Thus, absolutely all rights and obligations in relation to the child are transferred to another person. It is even possible to change the baby's middle name. Naturally, the responsibility for financial support also passes to the new mother or father. That is, when children are adopted by other people, the obligation to pay child support to the previous father or mother ceases. The biological factor does not play a role in this case, since the legislator pays attention to the legal connections between persons.

Deprivation of parental rights is a much more complicated procedure. Today, in order to take away from parents the opportunity to care for and raise children, a set of conditions will be necessary:

• malicious evasion of alimony obligations;
• refusal to participate in the educational process;
• immoral behavior towards children.

At the same time, at least two of the above points must be fulfilled. Otherwise, there can be no talk of any proceedings. The most unclear factor remains the malicious evasion of payment of alimony obligations. Today, the legislator means a huge number of situations by this norm. The general rule is that there is a large debt to the child and late payments for a period of time that exceeds 4 months.

The reasons may be to hide your income. At the same time, it is not necessary to keep all the profit secret; a portion of it will be enough. Nowadays, this is very popular, since the amount of alimony directly depends on income. Therefore, unscrupulous parents try to “hide” part of the profit, thus reducing the amount of mandatory payments for child support. The presence of evidence of such a fact becomes the basis for the legal responsibility of a citizen.

After there is clear evidence of such gross violations, the interested party has the opportunity to go to court to deprive a person of parental rights. During the trial, the Themis body checks all materials and makes its decision.

The main feature of deprivation of the right to be a parent is that even when it is applied, the person is not left without the obligation to pay child support. Although at the legal level the connection between the child and mom or dad is severed, the need for financial support remains.

A paternity dispute is a legal proceeding in which a person tries to prove that he is not the biological father of the child. These cases are resolved exclusively in the bodies of Themis. Proceedings are opened at the request of the father. During the trial, all essential facts are established that prove the case of one of the parties.

As a result of the consideration of the case, two outcomes are possible:

• verdict in favor of the plaintiff;
• verdict in favor of the defendant.

If, based on the evidence presented, it becomes obvious to the court that challenging paternity has no basis, it leaves all relationships between the parties to the case at the same level. That is, the father will have to continue to help the child financially.

But, if the verdict was taken in favor of the man, then the situation changes radically. Since there is no biological connection between a person and a child, there is no reason for a relationship at the legal level. Therefore, a man is exempt from paying alimony obligations based on the absence of reasons for this.

Pros and cons of the alimony waiver process

Nevertheless, before taking such a step as refusing to pay financial support, it is worth understanding what consequences this may result in.

As a rule, the initiator of the refusal of alimony is a woman who, in accordance with the instructions of the regulatory framework, is obliged to represent and protect the interests of her child. At the same time, the most common reason for refusing financial support is the reluctance to communicate with the ex-husband.

It is worth understanding that relationships after divorce should have minimal negative impact on the child himself. Yes, sometimes this is not easy to do, but it is still necessary to find the optimal solution that can ensure the normal psychological and physical development of children. Material resources play an important role in this matter.

Refusal of financial assistance should be carried out only in the case when the mother can independently provide a decent life for the child. It is worth thinking several times before issuing a refusal. After all, even a mother’s good earnings will not always be able to satisfy all the children’s needs. What is better: to deny the child his needs and at the same time avoid communication with the father, or to still receive additional funds and use them for the development of the baby?

In addition, many mistakenly assume that refusal to pay child support obligations entails a number of consequences, such as, for example, no need to obtain the father’s agreement to take the child abroad. It is worth understanding that canceling payments does not entail a waiver of other rights. A man will continue to have all the opportunities provided by law to raise his children.

Situations often occur when mothers independently and voluntarily refuse child support payments due to their child. The reasons for such an act are often purely psychological, since, as we know, there is no such thing as extra money, especially when it comes to raising and supporting a child. Often women themselves are not able to understand the motives of their actions when they refuse alimony.

Why do mothers refuse child support?

Indeed, this is a very important question. After all, by refusing the money allotted to the child, the mother actually deprives the child of many additional life opportunities and material benefits on which alimony could be spent. Toys, treatment, education, clothing and food - all this costs a lot of money today and it is stupid to refuse financial support.

However, mothers continue to reject fathers' help for the following reasons:

Conflict or hostility between spouses who have divorced their official marital relationship. Often pride does not allow a woman to demand money from a man who has committed an unpleasant act;

An oral agreement between parents that the woman will have enough of her own income;

Transfer by the father of any valuable things (car, living space) or a large sum of money in favor of the mother and child in exchange for refusal of alimony payments;

The father's lack of normal income, the parent's criminal, immoral or riotous life. Roughly speaking, there is nothing to take from such a “dad”;

Threats and manipulations from the father, who forced the mother to refuse child support;

Marriage with another man and no need for money, including alimony;

Permission from the parent to allow the child to travel abroad in exchange for waiving child support payments;

Help from parents or other relatives.

Regardless of the reasons for such refusal, the child and mother will not see monthly money transfers from the father. This will be a consequence of reluctance to receive alimony payments.

How legal is it to refuse alimony?

It is worth noting that most women who refuse alimony consider financial relations with their ex-husband to be their own personal matter. Mothers often make the mistake of not realizing that child support is not due to them, but to their children. The mother only manages the amount that actually belongs to the child.

Thus, by refusing to accept money for the benefit of the child, the parent breaks the law, just like the father who does not make child support payments.

The legislation on this matter has a fairly clear explanation. The child’s rights are violated by the parent who deprives him of material support. Thus, by refusing alimony - payments due to the child, the mother commits an illegal act. In fact, it can be equated to non-payment of alimony.

What consequences can there be if the mother refuses child support?

If the guardianship and trusteeship authorities find out that the child lives in poor living conditions (poverty), and the mother has refused alimony, then they initiate a lawsuit to force the withdrawal of alimony payments. Moreover, the question of depriving the mother of parental rights may be raised. That is, even if a woman has firmly decided to refuse alimony, she needs to think about whether she will doom her child to poverty.

Is it possible to refuse alimony payments?

Yes, such an opportunity exists for a woman. However, as practice and the example described above show, before making such a decision, you need to weigh and calculate everything a thousand times. It often happens that the resentment and feeling of confidence quickly pass when the mother begins to experience a lack of money even for diapers. Moreover, you should never confuse your feelings and motives with the child’s life needs. Alimony is the baby's money, which the mother only manages.

However, the mother can refuse the financial support that the father should provide in favor of his offspring.

The easiest option to refuse alimony is to do nothing. If the mother has firmly decided to do without the father’s money and is able to cope with raising the child on her own, she simply does not demand alimony payments after the divorce. That's all.

In addition, if the marriage was civil and there was no official procedure for dissolution of the marriage, then the issue of alimony is also removed by itself.

However, if the official marital relationship was dissolved in court, then it will no longer be possible to so easily ignore the issue of assigning and refusing alimony. In order to reject financial assistance from a parent, a woman will need to prove that she does not need anything and is able to provide the child with everything necessary.

How to refuse payments using an alimony agreement?

Also, there is a way to refuse financial support from the father using a child support agreement that the parents enter into. However, there is a nuance here. In the contract, the husband and wife must agree on the payment of alimony, which will be sufficient to support the child and will not violate his right to normal living and living conditions.

Typically, such an agreement can be concluded in a court, a notary's office or in the bailiff service, depending on the stage at which the issue of alimony is at hand. At the same time, even if such an agreement has already been concluded between the parents, it can be terminated and a new one can be concluded - about refusal.

The procedure for concluding a new agreement to waive alimony payments is no different from concluding an agreement on their appointment. Parents draw up a written agreement (with the help of a lawyer) and visit a notary office to have the paper certified. You must have with you personal documents of the parents and the child, as well as a previous sample child support agreement.

It is important to understand that a notary will not agree to certify a document that violates the rights of a child. Therefore, it is necessary to provide an option when the interests of a minor citizen are respected. Thus, parents can provide evidence that the father immediately paid a large amount of money or provided valuable property in an amount no less than alimony payments for many years in advance. In this case, the notary will not refuse to certify this agreement, since it does not violate the interests and rights of the child.

Is it possible to refuse alimony after a court decision has been made?

There are situations when the mother appealed to the court to order alimony payments. However, after a positive decision was made, she could change her mind and decide to refuse financial support from the child's father. In this case, she may not present a writ of execution to the bailiff service. In fact, you can stop at this stage and not allow the procedure to proceed further.

The fact is that without this document and the application of the recipient of alimony payments, bailiffs do not have the right to begin enforcement proceedings.

Moreover, alimony can be waived even when enforcement proceedings have already begun and bailiffs have begun their work to compel alimony collection. If a woman decides that the child does not need the support of a man, then at any time she can contact the regional division of bailiffs with an application to revoke the writ of execution and stop the enforcement proceedings. The statement will need to indicate the reason that prompted the woman to refuse parental support for the child. If this refusal of alimony payments is temporary, then she will need to indicate the timing of the suspension of proceedings.

It is necessary to briefly describe what an application to stop enforcement proceedings should look like. It is worth noting that this paper is usually written in free (free) form. The document must contain the following information:

Indication of the regional unit of the bailiff service that conducts enforcement proceedings;

Personal and contact information about the payer and claimant of alimony payments;

Indication of the grounds for forced collection of alimony payments. Was this a court decision or the parents entered into a child support agreement. It is necessary to clarify the date of the decision or conclusion of the agreement. Also, it is necessary to indicate the start time of enforcement proceedings;

Request to suspend the proceedings and return the writ of execution;

Indication of the reasons for the decision made.

The application must be prepared in two copies. One will be left at the bailiff service office, and the applicant will take the second one after marking it.

Is it possible to refuse alimony, and then change your mind and ask again?

Such situations also happen. A woman may, in an emotional outburst, refuse to support her father financially, and then, after weighing all the facts, she decides that additional money would not hurt the child. The reasons for such a decision may be a deterioration in the financial situation (loss of income), a serious and prolonged illness, the need to pay for the child’s education, and much more. In this case, the woman has the right to demand financial assistance from the father, who has an obligation to provide for his children. The main thing is to know the procedure in order to again demand the due financial assistance for the baby.

How can a mother demand child support after refusing it?

The fact is that even after the mother refuses financial support in the form of alimony, the obligation to support the child is not removed from the father. In fact, this is his duty until the child becomes an adult.

Thus, the mother can demand child support during this entire period using several methods. If the father agrees to voluntarily provide for the child, then both parents go to a notary, enter into a new agreement on alimony payments and have the document certified. In this case, it is important that both parents find a compromise and agree on an amount of financial support that suits everyone, does not contradict the law and does not violate the rights of minors.

If a woman refuses alimony payments during the divorce process, she can again appeal to the court to demand financial support for the child. When the judge makes a decision and satisfies her claim, she will receive a writ of execution, which she can present to the bailiff service for collection.

Moreover, if a woman previously asked to suspend enforcement proceedings, then the law does not prevent her from asking for its resumption. To do this, you must submit a corresponding application to the regional unit of the bailiff service.

However, there is one rather important nuance. If a woman thinks too long, she may not receive enough alimony. The fact is that, according to the law, she will be able to receive alimony payments for no more than the past three years.

Alimony cases often become quite emotional and conflict-ridden. At such moments, each person can show both his best qualities and his worst. However, it is always necessary to act within the law. Seek advice from an experienced attorney or attorney. He will be able to clarify the situation and help solve the problem.