Today we will learn how to give up child support. Frankly, this issue more and more often begins to worry parents, mostly women (it is with them that children remain with a divorce). Alimony obligations are prescribed in the Family Code of the Russian Federation, they entail a special responsibility of minors in future. To remove it from the child, women may, under certain circumstances, begin to think about refusing child support. This is not a common practice so far, but it does. How to implement the process? What will be required for this? For what reasons can I refuse child support for a minor?
Is it possible
Practice practice, but how legal is it? Many are interested in whether it is possible to refuse child support voluntarily. It has already been said that similar cases occur in life. Only it is not yet clear how legal this act is.
Honestly, you should not be afraid of illegality. Parents have every right to apply for child support. And in the same way, they can pick up the application under certain circumstances. The process itself is not so simple, but it can be implemented. But before that, it should be remembered that both parents should equally support the child. Therefore, a number of consequences after failure will still occur.
Reasons and grounds
What could be the basis for the process? The most different! As a rule, in the first place are tensions between parents. This also includes the reluctance of the mother to see the participation of the father in the life of the baby. In such cases, women are pondering how to refuse child support. Fortunately, this can be done, but not so easy and simple!
Sometimes it is illegal for a father directly to demand a waiver of support. Especially if you need to get permission to take the child abroad or move somewhere. Yes, and just from the harmfulness of the mothers literally extort the refusals of alimony.
This also includes some special conditions for children. For example, when, after a certain age, minors move to another parent. Or someone is deprived of parental rights, which is accompanied by subsequent adoption by another citizen.
The lack of family ties is another good reason to think about how to refuse to receive child support. The phenomenon is rare, but found in practice. Failure to fulfill parental obligations by the mother can also be considered as a basis for refusal. In some cases, a change in the financial situation of the parents (for the mother for the better, for the father for the worse) affects the decision regarding maintenance obligations.
Action paths
Remember: when you decide to refuse child support, you will act on behalf of the minor. Therefore, immediately understand for yourself: you have no right to just deprive your baby of additional support from his father. After all, according to modern legislation, parents are required to support a child until he reaches adulthood, and equally. Refusal of alimony will entail a number of consequences that may affect the future life of a minor.
What does it mean? Just like that, without reason, it will be extremely difficult to solve the task set before us. Yes, and you can only act on certain schemes. How to refuse to receive child support? In total there are 3 options for solving the problem:
- appeal to court;
- signing a settlement agreement on child support;
- appeal to the bailiff.
It's all. You will not be able to give up the material support of your baby by your father anymore. Therefore, try to prepare in advance for the process, if you have already decided to bring the idea to life. The easiest way to do this is when the decision on alimony was not made by the court. But how to act correctly under certain circumstances?
No appointments
There are different cases in life. Therefore, how to refuse child support will depend on the specific situation. The simplest solution that only takes place is not to raise the issue of cash payments from the father at all. It is enough not to write a statement for child support - and all problems are resolved. Only at first carefully think over everything, do not infringe on the child in his rights to support both parents!
In cases where there was a civil marriage, it is not so difficult to hide the legal maintenance obligations of the biological father of the baby. Problems begin when it comes to the official registration of an alliance between parents. In a “peaceful” divorce, without the participation of the court, you still have a chance to dodge questions about alimony (as a result, you can not write an application for the appointment thereof, this will be considered a refusal, albeit behind the scenes). But when the judicial authorities took place during the divorce, the support from the father will be considered without fail!
Agreement of the parties
Remember: if the mother refuses to receive child support, this infringes the child in his legal rights. Before you agree to such a step, think carefully. A very good solution to the problem is the signing of a peace treaty with the participation of a notary or the judiciary (during the meeting).
What is required of you? For starters - a direct agreement that spells out the conditions and amount of material support for a minor. Further: passports of both parents, the birth certificate of the child, examinations confirming kinship (if it was necessary to prove it earlier). In principle, this will be enough. In addition, you can provide certificates of income of parents. But this is optional.
Through an artist
How to refuse child support when a court decision on payments is already available? In this case, you should go to the bailiff, get a writ of execution, and then simply refuse to sell it. How? There are several solutions to the problem.
Firstly, you can simply get a writ of execution in the judicial office, and then not use your right. Notify the bailiff about refusing child support. An employee on this basis simply does not open production. If you decide to change your mind, there will be no problems with that.
Secondly, an alternative solution is to write a request to terminate the paperwork. To do this, you will need:
- your identity card (passport);
- birth certificate of a child;
- performance list;
- court decision (if any);
- application for refusal of alimony (certified by a notary).
That's all. With this list of documents, you can go to the bailiff and bring the idea to life. It is not so difficult as it seems. Now it’s clear how to refuse child support. Mothers or fathers will deal with this issue, depending on who left the minor!
Through a notary public
In some cases, they refuse child support after a certain period of payment thereof. Through a notary public, you can draw up an agreement on the maintenance of the child, as well as a refusal of material support. To do this, together with your father, go to a notary public and present to him:
- your passports with copies;
- birth certificate of a child;
- examinations confirming kinship (if any);
- an agreement on alimony (it is drawn up on the spot or in advance).
Next, your documents are considered, and the contract is carefully examined by a notary. In his presence, you discuss all the nuances of maintenance obligations, and then sign a peace agreement. This is not so difficult.
I will not accept a child
Sometimes parents abandon their babies. What to do in this case? Note: if you abandon the child, you must pay child support for its maintenance until adulthood. Even if he will be in an orphanage.
It is possible to evade payment only through deprivation of parental rights. In this case, you are exempted from the need for material support of the child. But, in turn, after adulthood, the baby will not have to pay child support for the refusal of the parent. Legal assistance should only be given to those who have fulfilled parental obligations. Now it’s clear how you can refuse child support. Choose the most suitable and simple algorithm of actions for you, and then act. But for starters, it’s recommended that you think carefully!
