How to escape the elements. How can a father avoid paying child support through legal means? How not to pay child support legally

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. If a parent who must pay alimony after dissolution of marriage and divorce tries to solve his selfish intentions outside the law, then let this remain on his conscience even after marriage.

Some ways to stop and significantly reduce the amount of alimony collection

Challenging paternity can affect not only exemption from alimony payments, but also changes in the relationships of the participants in such legal relations.

If, after a divorce, the ex-spouse doubts that the child is his, and he is not the biological father of this child, then he has the right to file a lawsuit to consider this problem in court. To do this you need to go to court statement of claim requesting consideration of this issue. Such an application can be submitted to the plaintiff only if he did not previously know that he is not the biological father of the child. IN otherwise- he has no such right.

Raising the question of how to avoid paying alimony after a divorce is not entirely correct. You will have to help the child financially, but the amount of payments can be significantly changed depending on various circumstances and conditions.

• This is legal and can help the payer deal with their financial problems. If you have real estate, then after a divorce you can transfer it into ownership to your child to pay off alimony. To do this you can do this deal
• , having coordinated it with the guardianship and trusteeship authorities and notarized it. If you entered the university for, then you can submit a corresponding document to the guardianship and trusteeship authorities about this. When considering this issue in court, it will allow you to significantly reduce the amount of recovery due to the additional costs you have incurred.
• If you believe that the payment amount is not spent on the needs of your child, but on meeting personal needs ex-wife, then you can file a claim in court to prove and reduce the amount collected in connection with their use for other purposes. If the guardianship authorities confirm your arguments during the inspection, the court will reduce the amount you pay. This process requires serious preparation and evidence. Regardless of this, sometimes you can resort to this method.

Circumstances conducive to termination of payment

If the obligation to pay alimony is established by agreement, then in accordance with Art. 120 of the RF IC they will be terminated under the following circumstances:

• death of one of the parties;
• termination of such agreement;
• upon restoration of the recipient's ability to work;
• significant improvement material condition recipient;
• in accordance with other grounds set out in the agreement.

If the collections were made on the basis of a court decision, then the grounds for termination of alimony payments may include: different conditions and reasons.

• If the child has reached the age of majority, and full legal capacity before reaching adulthood. The declaration of full legal capacity of such a child can be established legally by decision of the relevant guardianship and trusteeship authorities with the consent of the parents.
• Child support stops being paid if the child has been adopted.
• When the recipient joins a new legal marriage, then they lose the right to receive alimony.
• Alimony stops being paid due to the death of the recipient or the person who paid it.
• If the recipient has regained his ability to work and this is confirmed in court, then the payment of alimony in this case is terminated. This must be confirmed by re-examination medical examination. Such issues are resolved in court on a case-by-case basis.
• If the parent who paid child support took the child into his or her care.

A claim demanding the cancellation of alimony payments is filed in the magistrate's court interested person, which pays alimony at the recipient’s place of residence. Willful defaulters alimony, regardless of the amount, is subject to penalties

For failure to pay alimony or arrears, you are doomed to frequent communication with representatives of the bailiff service, regardless of the amount of the debt. A person who is delinquent in alimony or arrears for non-payment should not be released from the country until all alimony arrears have been officially cleared and confirmed to be paid. A fine may be imposed for non-payment, but it is not materially significant. The process of confirming payment of debt, regardless of the repayment period, is quite lengthy and painstaking.

Ekaterina Kozhevnikova

Reading time: 2 minutes

By law, parents must support their children. If they do not do this voluntarily, the court collects alimony from them in established by law size. However, there are situations where payments become excessive. What to do in this case - and how to get rid of child support without breaking the law?

If the trial has not yet taken place

Since usually during a divorce in Russia the child is left with the mother, for simplicity we will further consider the situation when the father pays, and the mother receives the money on behalf of the son or daughter as their legal representative.

The first step towards getting rid of the alimony yoke is, oddly enough, voluntary payment. The law allows the father and mother (who acts as a representative by force of law) to enter into an agreement on the procedure for paying maintenance money minor son or daughters. In this agreement, you can independently determine how much money the father pays monthly. Moreover, it is possible to agree that the payment will be made at a time for all years, or that instead of payments, valuable property or the right to it. For example, if a mother and father own an apartment together, the father has the right to transfer his half of the property to the child - and the mother, in turn, indicates in the agreement that she does not claim child support payments.

How to challenge alimony after trial?

But let’s assume that the mother nevertheless filed a claim with the judge, and he has already made a decision. What to do in this case - and how to challenge alimony?

First of all, you need to find the basis on which the law can link a reduction in alimony payments. According to the Family Code of the Russian Federation, such grounds may be:

• Change financial situation payer. Let’s say that during the divorce, the father was busy in a highly paid job and made significant monthly payments. However, he was then fired new job I couldn’t find it and was forced to make do with odd jobs. In this case, he has the right to apply to the court to reduce the amount of payment for the child. However, it is unlikely that payments will be completely avoided in this case. However, if the father has become disabled and has lost the opportunity to earn a living, the conversation may come not only about how to challenge alimony and its amount, but also about the complete abolition of payments.
• Change marital status. This is the most common case. Let's imagine that after the divorce, time passed, the father created new family- and another son or daughter was born there. Taking into account the new child, the court, at the father’s claim, is obliged to recalculate the amount of alimony, since payments are determined based on the number of children whom the payer is obliged to support. It is unacceptable that, due to the existing alimony payment the interests of another minor suffered.

How to avoid child support? Parents do not always maliciously evade payments; many simply do not want to feel like they are paying alimony, and also do not want them to come to work. performance list. Some parents were unable to reach an amicable agreement, others simply cannot communicate normally after a divorce and want to meet in court and punish the offender with alimony, as a kind of stigma.

In any case, according to the rules of life and the law, spouses are obliged to raise, support and provide for their children, regardless of whether they live with them or not. Evasion of payments is punishable by law, and it will not be possible to get rid of alimony. But there are some conditions that allow you to stop paying them or reduce the amount of payments.

What are the consequences for a parent if he fails to pay?

Regardless of the method of reaching agreements between the parents, the payer is obliged to make payments at the time specified for this. The slightest delay or refusal will lead to negative consequences for the parent. The lightest punishment is payment of a debt and a fine of several hundred rubles. If the period of non-payment is prolonged, the amount will be significantly increased, because each unpaid day is a penalty of 0.5%.

A parent receiving payments for a child can go to court on any day of delay and, with its help, obtain payment. To do this, an application is drawn up to collect the amount of debt from the payer along with a fine or penalty. So bailiffs will do everything in their power to ensure that payments are made.

The debt can be deducted from the defendant’s salary in such an amount that the negligent parent will be left with an amount equal to living wage. And also court bailiffs have the right to seize any property of the payer or his bank accounts. The property is sold at auction, and the proceeds from the sale go to pay arrears of alimony.

A person who has nothing and does not want to get a job cannot avoid the influence of the executors, because they have the power to force the payer to register with the employment center. But the most terrible consequence for a parent who evades paying child support will be correctional labor(from 180 hours to 1 year), arrest for 3 months or imprisonment (up to 1 year). Nobody wants to get a criminal record, because it will become an eternal stain on the payer’s biography.

Reasons for stopping payments

It is legally possible to stop payments early, that is, before children reach adulthood. For example, a child at the age of 16 became successful individual entrepreneur and completely provides for himself. Or the daughter got married at the age of 17, and now her husband is taking care of her.

It follows from this that it is possible to stop payments to a child under the age of 18 when he acquires legal capacity.

The second important reason for the early cancellation of alimony will be the adoption of a child, but only if official procedure. For example, a child lives with a stepfather who is married to the payer's ex-wife. Early cancellation of payments will not occur because the fact of adoption has not been officially registered. The third reason is clear - the death of a child or payer.

In case of registration written agreement and descriptions additional conditions To cancel payments, their termination occurs for one of the following reasons:

• expiration of the agreement;
• remarriage of the parent who lives with the child;
• going to work;
• wasting alimony for other purposes;
• the age of the children, after which funds are replaced by the provision of living space or a vehicle.

Cases when cancellation of alimony is impossible

It is already known how child support is not paid, but there are times in life when it is impossible to refuse obligatory payments. Typically, alimony is prescribed for a period of up to 18 years, sometimes extended to 23 years while the child is studying at a higher educational institution. But if the child for whom you have to pay money is disabled, then his maintenance will be very long. The first 3 years of the baby’s life are also considered inviolable in terms of committing mandatory payments, but only if the spouse filed a claim for alimony during this period of time. This is explained by the fact that the mother cannot work and provide for the child, as she constantly cares for the baby.

Another reason that does not allow early termination payments will result from the death of the ex-spouse with whom the child lived. In this case, the payer will transfer the money to the relative who will take care of and live with the child until he reaches the age of 14. It is at the age of 14 that children have every right independently manage alimony payments.

Legal reduction in benefits

There is a way out from any difficult situation, even if there is no legal basis for exemption from alimony, then it can be significantly reduced. To do this, you will have to go to court and provide irrefutable evidence that the payer has the right to reduce the amount of payments. After a divorce, the paying spouse will sooner or later create a new family, which will also have children. To ensure equal distribution of the payer’s income among all of his children, the amount of alimony may be reduced in favor of the second child.

Another reason to reduce alimony will be the payer’s disability (group 1 or 2), which requires additional funds to care for a disabled person. Deterioration or improvement of material or financial situation payer leads to an adjustment in the amount of payments. Alimony paid from wages will be automatically increased or decreased, but payments in a fixed amount are adjusted by the court.

A significant improvement in the recipient’s family or the child’s return to work will be a reason to review the amount of alimony. If the recipient leads an immoral lifestyle: abuses alcohol or takes narcotic substances, committed illegal actions towards the payer, then the court may side with the defendant and reduce the amount of payments or completely exempt him from payment.

There are a sufficient number of such examples and reasons, and all of them are discussed in individually. The main thing is that the court receives undeniable evidence, in view of which the judge will accept positive decision for the payer. Easier to cut down to size sum of money on the basis of the law, than to look for a way to refuse payments to your child.

After a divorce, one of the spouses is obliged to pay alimony for partial maintenance of their minor child. But this is not always possible, so many fathers are looking for ways to avoid fulfilling their parental responsibilities. Is it even possible to terminate alimony payments?

According to statistics, in Russia approximately every third alimony payer tries to evade payments.

Is it possible not to pay alimony?

The law (namely Article No. 80 of the Family Code) establishes that responsibilities related to the maintenance of a minor child must fall on the shoulders of both parents, and they are fulfilled even after a divorce. So after the divorce, one of the spouses will pay alimony. And achieve complete liberation it is impossible from them.

Unauthorized refusal can lead to extremely unpleasant consequences for the payer. Thus, a mother’s complaint that funds are not being received can threaten the father with such troubles as forced collection debt, refusal to issue a bank loan, refusal to travel abroad, and even seizure of existing property. But there are still several cases in which payments may stop.

On what grounds can alimony payments be terminated?

How to avoid paying alimony? It's almost impossible, but there are still some legal grounds to stop collecting them from the parent. Article 99 of the Family Code states that if the father pays alimony on the basis of a peace agreement concluded between the former spouses and certified by a notary, then the exemption from payment will be regulated precisely by the terms of this agreement. Thus, termination is possible in the following situations:

• Reaching the recipient of the funds (i.e. the child) of legal age. Parents are obliged to support him only until he is 18 years old.
• Expiration current agreement. But in this case, a new one may be concluded (the conditions may be completely different).
• Death of either the recipient or the payer.
• If alimony is paid to a former spouse, the payer will be released from it if the woman enters into a new legal marriage.
• If the payer manages to challenge the fact of relationship with the recipient, that is, paternity. If in doubt, a man can contact a laboratory and have a DNA test performed. The man must file a complaint in court.
• Loss of ability to work by the payer by 50% or recognition of him as completely incompetent.

Article 106 of the Family Code states that if payments were made by court decision, then the cancellation court order the collection of alimony will be carried out in accordance with Article 120 of the Family Code. Termination of withholding may occur under the following circumstances:

• The recipient of the funds has reached the age of majority.
• The child is officially adopted, for example, by the woman’s new husband. Then the new father will have to support him.
• Alimony may not be paid if the recipient became fully capable before reaching the age of majority (for example, received an official highly paid position).
• The death of one of the parties to the relationship has occurred.

How to avoid payments completely?

As noted above, it will not be possible to completely avoid paying child support; in any case, the parent will have to support his own minor child. And yet, if you take certain actions legally, you can forget about your obligations.

Peaceful agreement

The spouse may not demand alimony payments from the second parent if she considers it appropriate. Some do just this in order to protect the child in the future from troubles associated with the obligation to support disabled parent. So, if the father consistently paid alimony, then, upon retirement, he may well oblige his heir to partially support him.

A man can offer a woman unofficial financial assistance. And if she trusts him, then she may well agree to this option. That is, the father will consistently help his child, but not at all. mandatory basis, but on a voluntary basis. But at any time the ex-wife, considering the assistance insufficient, can sue. And such a complaint will entail legal payments.

Moving a child to the payer

Article No. 61 of the Family Code clearly states that both parents have the right to raise their child, and their responsibilities are the same. That is, it is not at all necessary for a minor to be and permanently reside with his mother after the divorce.

Although, of course, in most cases the court takes the woman’s side, the child may still move to his father, and be supported and raised by him. Achieving this will not be easy, but if the minor is of a conscious age, then he will be able to make a decision, and the judge will certainly take it into account, because the main task of the proceedings is to ensure the maximum favorable conditions life.

If the father believes that his ex-wife cannot fully provide maintenance and common child(for example, due to addictions, a serious illness), then they can file a complaint with the court indicating the reasons why the mother cannot fulfill her direct duties. If during the proceedings it is decided that the minor would really be better off with a man, then, if desired, he can demand the recovery of alimony from his ex-wife.

A complaint is a last resort, because sometimes everything can be resolved peacefully.

For example, a child may live with both his father and mother. Peaceful agreement between former spouses will establish the conditions and terms of residence. But it is important to take into account the opinion of the minor.

Transfer of property

If you believe Article 104 of the Family Code, then a parent who owns any property has every right to transfer it to his legal heir to pay off all existing alimony obligations. In other words, the value of such property will fully cover the amount of all payments made until the age of majority.

But this method is not always possible. The transfer of property is possible only on the condition that the payment of alimony is made by the father by amicable agreement, and not by court decision (such a decision cannot be challenged and the form of payment cannot be changed). In addition, the consent of not only the ex-wife, but also the guardianship authorities should be obtained. Next, an agreement is concluded between the mother and father, which stipulates all the conditions for the transfer of property.

Reducing the amount of payments

If you cannot avoid paying completely, then in a legal way you can significantly reduce the amount of alimony. You can do this in several ways:

• Admission to higher education educational institution, and for full-time study and day department. In this case, the scholarship will be considered income, and percentage share payments (that is, 25% per child) will be calculated from it, which will significantly reduce the amount.
• Inappropriate use of funds by the second parent with whom the child lives. A father's complaint may be a starting point. judicial trial, during which it will be found out how correctly the mother uses the money she receives. And if it turns out that she spends them irrationally, then the amount of payments may be reduced.
• Change in the payer's marital status. So, if he has another child of his own, the amount of alimony may be reduced.
• Change in the financial condition of the child. If he works and receives a stable income, then the father may file a complaint with the court indicating that the minor can partially support himself.
• Change in the financial condition of the payer. For example, if his income has decreased significantly, then a complaint to the court indicating the reasons for the impossibility of paying alimony in full established amount may result in a reduction in the amount. But the father must provide proof of income from his place of work. Many are trying to reduce wages not in a completely conscientious way, namely they ask employers to reduce the official salary. And this is quite legal, although not entirely fair. In addition, you can register an individual entrepreneur. In this case, the profit may be minimal, and the amount of payments will be determined taking it into account. If the income is hidden, then a complaint from the ex-wife with evidence of concealment will entail proceedings in court.

The answer to the question of whether it is possible to avoid paying alimony has been received. It is almost impossible to completely avoid responsibilities, but sometimes a complaint to court filed by the father can change the amount of payments. And in some cases, alternative options are possible.

Today, not only children have the right to maintenance from their parents, but there is also inverse relationship. Parents in old age, when performing certain conditions, may require their own children to pay child support. It is only important to remember that this is only possible in some special cases.

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General provisions

Today, all issues that in any way affect family relationships are reflected directly in.

According to this document, all citizens are obliged to implement them material support.

Otherwise, if on a voluntary basis For some reason, citizens do not want to carry out such a process; alimony is assigned. Their size depends on a number of different factors.

It is important to note that the process of obtaining alimony is associated with many features. It should be taken into account that not only the child and his legal representative can demand payment of alimony. The opposite situation is also possible.

If a certain number of conditions and requirements are met, the parent himself has the right to apply for child support from own child. But this can only happen in some cases.

The process of obtaining alimony can be carried out either voluntarily or in forcibly. But it is important to note whole line quite specific points.

This concerns the need for parents to fulfill their immediate responsibilities.

If this does not happen, then a refusal will be indicated. It is best to sort out this question first. Just like the algorithm for issuing alimony.

What it is

Alimony itself implies financial support for a relative. Moreover, she can express herself in cash or otherwise.

There are several individual species alimony, which involves payment to parents.

On this moment These varieties include the following:

1. IN in cash.
2. In kind.

In the first case, the calculation of alimony can be carried out based on the needs of the parent himself, as well as the amount of the defendant in the claim.

If, in the case of payment of child support, the calculation process may involve a shared calculation mode, then in the case of payment to a parent, everything is somewhat different.

Usually, alimony is calculated in cash, a fixed amount. The calculation is made individually.

Another type of alimony is in the form of in-kind. It is assumed that it is carried out material aid not in monetary form, but in another way.

For example, this is true in rural areas. When citizens engage in agriculture.

There are simply no other sources of income. In such a situation, the court may order payment of alimony in food products.

In each case, the issue of paying alimony to parents is considered purely individually. This process is associated with many different subtleties and features. You will need to familiarize yourself with all of them in advance.

This will prevent many complications and difficult situations. It is also important to note that, if possible, the issue of alimony will need to be resolved peacefully.

Who falls under the category

According to the current Russian Federation According to current legislation, the following citizens are required to pay child support for their children:

• parents directly;

In the first case, both mothers and fathers have child support obligations. The decisive factor here is precisely the question of who exactly the child lives with, where financial balance there is one.

Accordingly, the representative of the child’s interests has the right to file for child support on his behalf.

It is also important to note that evading payment of alimony in the absence of proper grounds for doing so implies quite serious responsibility.

Today it is expected to be criminal. That is why it is first important to remember large quantities the most different nuances, specific issues related to alimony.

If there are no grounds for refusing alimony, then optimal solution will just conclude an agreement on this matter.

In this way, many difficulties, complications and problems can be avoided. Separately, it should be noted that there is a need for a court decision.

What is required from the document

To challenge judgment regarding the assignment of child support, the parent will need to mandatory prepare a number of specialized documents.

In turn, the list of such documents may differ quite significantly.

But at the same time, it will be possible to identify a number of standard ones that are necessary in almost all cases without exception:

Moreover, it often happens that for some reason a citizen is not able to submit an application on his own. In this case, it will be necessary to draw up a notarized document.

Together with an identity card, the legal representative of interests can carry out all necessary actions. Including representing the interests of the plaintiff in court.

It is also important to note that relatively recently there has been no longer any need to provide a properly paid receipt for the state fee.

Since at the moment there is a special electronic database data. It reflects all the necessary information.

In this way, it will be possible to avoid many difficulties. Separately, it should be noted that this process is associated with many features.

However, if possible, such a receipt should be provided. Since sometimes the database works with some interruptions.

That is why it is best to issue such a receipt in advance. This will prevent time delays.

An example from judicial practice

Citizen G. after car accident lost her ability to work, she was assigned disability group I. For this reason, she drew up a claim and filed it with Mytishchi district court for child support from your own child.

In turn, the court rejected such a claim. The basis is the deprivation of a parent parental rights when the child reaches the age of 16 years.

Accordingly, the citizen did not fulfill her obligations in good faith and did not participate in raising the child.

Video: child support for parents

Important aspects

There are a number important aspects directly related to the calculation of alimony.

The main aspects today include the following:

• failure to fulfill one's alimony obligations implies criminal liability;
• the assignment of alimony to parents is possible only if a number of conditions are met;
• a child always has the right to challenge a court decision.

What is regulated

The question of calculating alimony is determined Family Code RF. This document establishes the basic requirements for the parent and child on the basis of which alimony can be assigned in favor of the former.