Refusal of the child exempts from the alimony or not? A similar topic is of interest to many negligent parents. In particular, fathers. Alimony obligations place a heavy burden on the shoulders of men and women, but not everyone is ready to accept it. Is it even possible in Russia to legally evade child support? And if so, how exactly? What will the official abandonment of the child lead to? Understanding all this is recommended for each future parent. By answering the questions asked, a person will exclude the possibility of collision with unnecessary problems in the future.
Reasons to refuse
Does abandoning a child exempt from child support? To give the correct answer to this question, it is worth paying attention to some legislative foundations in Family Law.
The thing is that you can’t just refuse children. There must be a reason for this. Consider the situation with the example of refusal fathers. They are more common than negligent mothers.
The reasons for abandoning children include:
- denial of paternity;
- abandonment of a previous adoption;
- transfer of the child for adoption by the new spouse of the ex-wife.
Accordingly, simply abandoning the child will not work. A woman can do this even in the hospital by sending a newborn to the baby’s house. But this is not the most common case.
Deprivation of authority
Refusal of the child exempts from the alimony? It all depends on the specific life situation and family. Sometimes such an act removes the burden of responsibility for the material well-being of children, sometimes not.
In Russian law, it is customary to highlight the deprivation of parental rights. In this case, the actual refusal to fulfill the obligations of the legal representative of the minor occurs. Therefore, some people think that child support can not be paid. How true is this statement? And under what circumstances does the abandoned parent cease to be responsible for the maintenance of descendants?
Kinship Disclaimer
Refusing a child exempts from child support under the law? Next, we consider all the possible options. Only in this way will it be possible to give the most accurate answer to the question posed.
Let's start by refuting paternity. If the potential parent suspects that he is not raising and raising his own child, he can go to court. The judge will order a DNA examination, after which parenthood is either confirmed or canceled.
In the first case, the abandonment of the child will not occur, the father will still have to have a descendant. In the second, maintenance obligations will be canceled, but with some reservations. Namely - the current debt for alimony will have to pay off.
Not a father, but no freedom
Refusal of the child exempts from the alimony? If the alimony proves that he is not raising his descendant, yes. But there are exceptions.
It is a voluntary establishment of paternity. That is, when the alimony knew that the child was not from him, but still agreed to play the role of dad. In this situation, the court will refuse to consider the case. So, you still have to financially support children.
Adoption
The next scenario is a renewal of parental obligations. In other words, the transfer of the child for adoption. For example, the new spouse of the ex-wife.
Has there been a similar voluntary renunciation of paternity? Do I have to pay money for the maintenance of minor children? No, bio-dad is exempt from financial liability.Moreover, he loses the rights of the parent. All powers are transferred to the adoptive parent.
Important: this step will not free from current debts. Therefore, the bailiffs will still require the repayment of maintenance debts.
Return of adopted
Is it true that giving up a child exempts from child support? The situation is very mixed. And so you have to pay attention to a lot of nuances.
Has a man previously brought up a non-native baby? Then he can refuse it. In this situation, they say not about the deprivation of parental authority, but about the refusal of adoption.
This method will exempt from responsibility for the content of adopted. Only at first will you have to prove to the “guardianship” the validity of your decision. You can’t just refuse children.
If deprived of rights
Has there been a denial of paternity for a child? Is it possible not to pay child support and live peacefully at the same time?
If we talk about the deprivation of parental rights, the answer will be negative. The Family Code of the Russian Federation states that such an act does not exempt the legal representatives of the baby from his financial support.
Nevertheless, in the future, the deprivation of parental authority may play into the hands of a grown child. But how?
Current legislation exempts adult able-bodied children from the obligation to support elderly needy parents who have been deprived of their rights in the past. For this reason, some mothers actively turn to the courts with lawsuits against their ex-spouses.
How to refuse a child
Some people after replenishment in the family are not ready to become parents. And at such moments one decision comes to mind - to abandon the descendant. Realizing an idea can be difficult. Usually it involves the deprivation of parental authority. We will talk about this later.
Immediately after birth, a woman has the right to refuse a newborn. To do this, she needs:
- Report your decision to healthcare providers.
- Fill out and sign a waiver of the baby.
- To issue a child in a baby's home or transfer to potential adoptive parents.
In some countries, baby boxes are actively used. This may include the child and leave him. Everything happens completely anonymously. In Russia, such an innovation has not received approval.
Important: the refusal of the baby in the hospital often helps to get rid of maintenance obligations. In this case, motherhood and fatherhood are not established. So, there is no one to demand money from.
Grounds for deprivation of rights
Does giving up a child exempt from child support? Yes, but not always. Often a similar option occurs when it comes to transferring a child for adoption or to deny parenthood.
Some are wondering how to deprive a person of his parental rights. This is a serious measure, which entails certain consequences. We will talk about them later.
To apply for suspension from parent's duties may:
- spouse of a person;
- guardian or adoptive parent of the baby;
- guardianship authorities.
In order to remove from the child in the future the maintenance burden of maintaining a negligent parent, good reason is required. For example:
- the presence of addictions in the father;
- evasion of child support payments for minors;
- failure to fulfill the duties of the legal representative of the baby;
- commission of a crime against a child or his second parent;
- recognition of the father / mother as legally incompetent.
In the latter case, the child will be abandoned and both children will be exempted from alimony. But recognition of incompetence is not worth it. A person during this operation will lose all independence, which will cause many problems in life.
Instruction: depriving of parental rights
Do you want to intentionally deprive the second parent of his authority to represent the interests of the minor? If there is reason, you need to act decisively.
To cope with a similar task, you will need:
- To prepare documents for depriving a person of parental authority.
- Gather evidence of your position.
- Make a statement of claim. It details the requirements and the current situation in the family.
- Submit a petition for deprivation of parental rights to the selected judicial authority.
- Take part in the meeting. During it, the attached materials will be studied, after which the court will take one or another decision.
- Take away the judge’s opinion. If everything went well, you can contact the registry office to renew the documents for the child.
It would seem that there is nothing incomprehensible in this. Only in real life is the described situation a lot of trouble. For example, in the preparation of papers necessary for the implementation of the task.
Court Inquiries
A man decided to deprive himself or his spouse of parental authority? In this case, a lot of certificates have to be prepared.
Among them, most often distinguish:
- documents indicating the birth of a minor;
- passports of the parties;
- application for deprivation of parental rights;
- consent to carry out the relevant procedure;
- health certificates of the refusing parent;
- statements about the presence of debt on alimony.
All of this should be enough. In some cases, witness testimony may play into the hand. Photos, videos and correspondence are also actively used in court debates.
How not to pay
Refusal of the child exempts from the alimony? In most cases, no. Therefore, it is worth paying attention to official methods of evading the corresponding payments.
You can not allocate funds for the maintenance of the baby:
- when refuting kinship;
- if the parent allows the adoption of the child;
- when transferring expensive property to a minor;
- the debtor went missing.
Important: recently, when an alimony is declared missing, his family will receive survivor benefits.
You can agree to refuse child support with the recipient of funds. This technique is not suitable for cases with minor children.
Conclusion
Now it’s clear how to abandon children. If a parent agrees to such a step, he loses his parental authority. An adult will not be able to communicate, educate, train, and generally participate in the life of a minor after an appropriate act.
We got acquainted with the features of abandoning a child. The consequences and alimony after the appropriate procedure will also no longer cause difficulties.
Experienced lawyers recommend conscientiously supporting children and removing this burden from the onset of full legal capacity of minors. This approach is the least troublesome in the future.
Does refusal of a child exempt from child support? Yes, but only in certain circumstances.