The person was deprived of parental rights? Do I have to pay child support in this situation? We will try to understand this topic further. In reality, everything is not so difficult. Especially if you carefully study the current legislation of the Russian Federation. The Family Code provides answers to questions about child support.
Definition
First, find out what child support is, and also who has the right to them. Maybe parents should not be faced with appropriate funding at all?
Alimony is called regular payments that are spent on the maintenance of children, spouses, parents or other needy close relatives. According to the RF IC, minors must be supported by their legal representatives.
Also, needy adults and children in the period of disability (for example, people with disabilities) can apply for child support. But what if the person was deprived of parental rights? Do I have to pay child support? And how to limit or deprive a person of the rights of a parent?
About the concept
What process are we talking about?
Deprivation of parental rights is a procedure for removing one or several legal representatives from the performance of their parental duties. That is, a citizen is legally prohibited from raising his own children (relatives or adopted).
There is a concept of restriction of rights. This is a partial limitation of the parent's actions. Usually such a measure is used when the deprivation of authority of a legal representative cannot take place, and the child’s presence near the parent is dangerous for his life and health.
Citizen deprived of parental rights? Do I have to pay child support in such circumstances? We understand further.
Key legal implications
Now we can consider the consequences of the deprivation of parental rights. This is an extremely important nuance that all families need to remember.
Deprivation of parental rights completely terminates legal kinship with the child. A person is removed from participation in the life of children, from their upbringing.
In addition, the right to state support related to the birth and upbringing of minors is taken away from the parent. All rights related to children also terminate.
Is a father deprived of parental rights? Then the biological father does not have the right to be near the child without the permission of the mother. Therefore, meetings with the former head of the family can be completely excluded.
It is worth paying attention to the fact that the right of inheritance of parents deprived of their authority also terminates. If something happens to the child, the biological parents will not be able to inherit. But this applies only to those who have been deprived of parental authority.
Grounds for deprivation
Deprived of parental rights? Do I have to pay child support? We will try to find the answer to this question a little later.
First you have to figure out on what grounds a person can be restricted in their parental rights or completely deprived of them. From all the foregoing, it follows that the decision is very serious. And just to bring it to life will not work.
Deprivation of parental authority may:
- if the legal representative abuses his position;
- when a parent abuses children;
- a person evades parental duties;
- upon recognition of a citizen as a malicious evader of alimony;
- the presence of a legal representative of serious diseases (dependencies);
- when a person consciously refuses to pick up a child from any institution: maternity hospital, kindergarten, school or other institutions;
- commission of a crime directed against a spouse, children, which threatened life and health.
This is an exhaustive list of situations in which a citizen can legally be removed from parental duties. If it is simply dangerous for a child to be near legal representatives, then for six months citizens are limited in their rights.
About deprivation or restriction
How exactly is deprivation and restriction of parental rights made? This procedure is carried out exclusively in court. After all, these decisions have many legal consequences that seriously affect the future life of the family.
To deprive the parent, you will have to:
- Contact custody at the place of residence to obtain an appropriate decision.
- Collect a package of documents for the court.
- Apply to the court with a lawsuit.
- Wait for the court decision.
It would seem nothing difficult. But actually it is not. Deprivation and restriction of parental rights causes the plaintiff to face serious paperwork. And, as practice shows, it is easier to limit or remove fathers from participation in a child’s life than mothers.
Documents for the court
At the time of filing a claim with a court for the deprivation of parental rights, a person must, without fail, attach a certain package of documents to the application. It varies depending on the situation. Consider the general list of securities.
The claim must be applied:
- applicant's passport;
- information about the defendant;
- birth certificates of all children (or their passports, if any);
- decision of guardianship authorities;
- certificates of family composition;
- court decision (or peace agreement) on the residence of children with one parent or another;
- evidence of the grounds for deprivation / restriction of rights.
The last item is the most troublesome. Evidence may include:
- medical documents;
- certificates from dispensaries;
- witness's testimonies;
- Photo and video;
- audio recordings;
- extracts from accounts with debt on alimony (a writ of execution is attached to them);
- correspondence.
These are the main documents that may come in handy during the deprivation of parental authority. Further we will consider this process in more detail on the example of the deviant behavior of the mother.
Example
So, suppose that the father wants to deprive the former spouse of parental authority. At the same time, a woman is abusing alcohol and beating children for educational purposes. What to do?
In this case, many wonder whether child support is paid to mothers who are deprived of parental rights. For legislation, it is not so important who was removed from raising a child - father or mother. Therefore, we will consider the answer to this question in general order later.
The algorithm of actions for the deprivation of parental rights has the following form:
- To establish the fact of the existence of grounds for the implementation of the task.
- Gather evidence of your position. For example, record the behavior of a wife on a video, as well as gather witnesses.
- Conduct a medical examination of the mother or send a request to the addiction clinic.
- Generate a package of documents for the claim.
- Contact custody with available materials.
- Get an OOP solution.
- Go to court with a lawsuit.
- To participate in the court hearing.
- Get a writ of execution.
Perhaps this is all. If the court considers the evidence weighty, the necessary procedure will occur. It is possible to restore authority, but in practice it is almost impossible to do. We will have to prove that the parent corrected and revised his methods of education and behavior.
Children's rights
Is a father deprived of parental rights? Should he pay child support?
To understand this topic, you need to understand what rights children will remain after the deprivation of the parental rights of their parents.
The legislation of the Russian Federation does not infringe on the rights of minors.Therefore, children remain children - they can also be heirs and receive financial support. But to bring up a person deprived of parental rights - no.
Alimony and parental rights
Article 71 of the RF IC stipulates that:
Deprivation of parental rights does not exempt parents from the obligation to support their child.
So, the payment of alimony does not cancel the deprivation of parental rights. A citizen will lose parental authority, but no one will cancel his responsibilities for the maintenance of minors.
The collection of funds is made through the court. Or, parents can conclude a peace agreement, which will determine the size of payments. But in real life, you often have to go to court.
If a citizen who is deprived of parental rights needs material support, then asking for it from the children will fail. This right is taken away from legal representatives.
Recovery of alimony from a deprived of parental rights is carried out according to generally accepted rules. Therefore, we can assume that children are paid:
- ¼ from profit - 1 child;
- 33% of income - 2 children;
- ½ monthly earnings - 3 or more children.
A citizen’s lack of work is not a reason for exemption from financing children. The debtor may seize the property and sell it. After all, deprivation of parental rights does not cancel child support.
Accordingly, it is impossible to seek removal from raising a child only for the sake of exemption from maintenance obligations. After all, such a “bonus” will not be provided to biological parents.