Claim for Cancellation of Alimony What is the Fee

Challenging Parenthood

Applications to terminate alimony payments are also submitted in cases where paternity is contested. When a parent is not sure of his blood relationship with a child, he has the right to file a lawsuit and refuse child support if he presents medical evidence of his unrelatedness. Moreover, the evidence must be well-developed; for example, a good way to convince the court to cancel alimony is to test DNA for kinship.

As an exception, a situation arises when a parent, initially knowing that he is not related to the child, agrees to acquire the status of his official guardian (i.e. stepfather or stepmother). In this case, alimony will not be cancelled.

Exemption from payment or cancellation of child support: sample applications and agreements

A court order is a simplified way of collecting alimony, since the magistrate, responding to the request of the plaintiff, within five days without the presence of the parties, draws up an order that has the force of a writ of execution.

Adopting a child

• Pregnant woman;
• The presence of a child under 3 years of age or a disabled minor child (common with the payer), or a common adult child with the first disability group;
• Her disability, if there is a need for financial support;

In what cases can alimony obligations be terminated? All reasons are spelled out in detail in Article 120 of the Family Code. If you pay child support, this may happen under the following circumstances:

The defendant pays tax to the state when considering such cases - i.e. a parent from whom the court is collecting monthly payments (Part 1 of Article 103 of the Civil Procedure Code (Civil Procedure Code) of the Russian Federation) in the amount of 150 rubles . (according to clause 14, part 1, article 333.19 of the Tax Code of the Russian Federation).

Relinquishment of parental rights

If parents agree to voluntarily terminate their parental rights and adult support, they will be forced to find a person to serve as an official guardian who will agree to foster or foster the minor.

In this situation, the potential guardian then files a claim with the court to recognize him as his legal representative. This procedure is carried out exclusively under the supervision of the guardianship authorities, who issue their own conclusions. Only after a positive decision on two applications can the natural parent file a claim for the cancellation of child support payments. From now on, the adoptive parent will provide for the child.

Where to go and what documents are needed to cancel alimony? Sample statement of claim

• the dependent's majority;
• his adoption by another person;
• restoration of the child’s ability to work (if the father pays child support to an adult disabled child);
• no need for help from the recipient of alimony;
• marriage of the ex-wife (if we are talking about payments to the spouse);
• death of the alimony recipient or payer.

If the child has been adopted, then the obligation to support him passes to the adoptive parent. The biological father loses his rights to the child and stops paying child support. To cancel the payments, the man must sign a waiver of paternity. Based on this paper, the ex-wife's new husband will be able to adopt a child.

Loss of parental rights

When parental rights are deprived, the parent does not have the right to see him or participate in his life and upbringing. Despite this, alimony payments in the event of loss of rights to a minor are not cancelled.

In order to deprive a person of parental rights, serious arguments must be presented:

• cruel treatment of a minor by a parent, beatings and other forms of humiliation;
• large arrears of alimony payments, which is caused by prolonged evasion of payments;
• Parental drug addiction, alcohol addiction and abnormal behavior.

State duty when filing an application for alimony

• reduce the amount of the penalty;
• reduce the amount of payments collected or change the method of collection;
• file claims for release from alimony debt, etc. - in this situation, the plaintiff, despite the alimony nature of the claim, will be burdened with paying the state fee, since his actions are aimed at satisfying his material interests, and not the interests of the child (which contradicts clause 15, part 1, article 333.36 of the Tax Code of the Russian Federation).

When is the applicant obliged to pay a state fee in alimony disputes?

If we are talking about the cancellation of alimony payments, then the price of the claim will be calculated from the remaining payments for the year (see clause 7, part 1, article 91 of the Code of Civil Procedure of the Russian Federation). That is, if the payer was obliged to pay 5,000 rubles monthly, then the cost of the claim will be 5,000 × 12 = 60,000 rubles.

Important! You can transfer parental rights to another person (the child’s stepfather or stepmother) in writing. Two documents are drawn up: renunciation of paternity and consent to adoption in favor of another person. Both documents must be certified by a notary.

Residence of a child in the payer’s territory

Often, the cancellation of alimony payments allows the minor to move into the home of the alimony payer. This does not infringe on the rights of the child, since, living with the parent, he is automatically responsible for maintaining the child, so there is no need to pay child support. In this case, the statement of claim is filed at the request of both parties.

The claim contains the following information:

• A document confirming that the child lives with the payer, for example, extracts from house books;
• Documents from educational institutions that highlight the characteristics of a particular family, and also indicate that the alimony payer actually lives with the child;
• Witness's testimonies. Neighbors, teachers, doctors and others act as witnesses.

However, there are pitfalls here too. If the court has approved the cancellation of child support payments in connection with the child moving to the payer, then it has the right to assign them to the maintenance of the second parent.

The payer has the right to demand in court the return of those child support payments that were made during the period the child lived with him. Here it is important to indicate the exact date of the minor’s move to the second parent.

How to revoke and cancel child support

The need to cancel or revoke child support often arises. In one case, the payer has no opportunity to pay for the child’s maintenance, in the other, the recipient of alimony earns more than enough and does not need “handouts” from the second parent. In what cases are alimony payments cancelled? Is it possible to refuse payments altogether, and who can do this? Let's look at all the features in this article.

This is important to know: Statement of claim for establishing or changing the child’s place of residence

Termination of maintenance of a former spouse

Appointment of alimony for the maintenance of an ex-husband or wife occurs for the following reasons:

• Pregnancy;
• A common child under three years of age or a minor disabled child, a common adult child with the first disability group;
• Spouse's disability.

If the grounds are no longer relevant, then the payer has the right to file an application with the court with a request to revoke alimony.

It is also possible to revoke alimony payments in the case where the alimony payer has fallen obligations to support the ex-spouse, who supported a common child under three years of age, but the court was provided with documents confirming the citizen’s entry into a new marriage.

In this case, the responsibility to support the spouse passes to the current husband or wife.

Methods of paying state fees for alimony

1. When submitting an application for alimony for the maintenance of minor children, the state fee will be 150 rubles.
2. If one of the parents, in addition to assigning child support, requires the defendant to pay alimony for his own (the plaintiff’s) maintenance, the fee will be 300 rubles.
3. When filing an application for divorce and at the same time - for the appointment and determination of the amount of alimony - the state fee, which must be paid before the court hearing, will reach 400 rubles.

Exceptions

Completely different situations can lead to the cancellation of alimony. The court is asked to cancel alimony payments in the following situations:

• Challenging parenthood;
• Refusal to support a former spouse;
• If the child was legally adopted by another person.

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The legal relationship between the plaintiff and the defendant may change in a situation where the latter disputes the fact of his relationship with the child. Such situations occur frequently. This procedure is carried out when the parent applies to the court with an application. The court may reach a verdict by comparing the evidence presented, or may request a genetic examination.

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If the parent has proven that he is not related to the child, he is exempt from paying child support. To avoid debt, you need to urgently submit a writ of execution to the bailiff service to stop the proceedings.

According to Art. 89 of the RF IC, spouses undertake to pay alimony to each other if:

• The spouse does not have the opportunity to receive a stable income, he is disabled;
• The ex-wife is pregnant or raising a common child under the age of three;
• The ex-husband is caring for a child with a disability.

To cancel alimony payments, it is necessary to draw up a high-quality evidence base, for example, a medical certificate about the improvement of the spouse’s health or a document proving that the person is able to work.

Statement of claim for cancellation of alimony

Only an official document will serve as evidence of the grounds for canceling alimony. If there is none, then the claim will be refused. You also need to prepare documentation in advance, since some certificates take up to thirty days to issue, which will result in a loss of time if it is necessary to correct errors in the claim.

Dear readers of our site! Our articles talk about typical ways to resolve legal issues, but each case is unique.

The main reasons for canceling alimony

Revocation of alimony occurs with the help of the court or by voluntary consent of both parties.

Obligations to pay child support are canceled under the following conditions:

• the parent is not sure that the child is related to him or her by blood;
• the parent has formalized a voluntary renunciation of his rights to the child;
• the minor was adopted by another person;
• cancellation of adoption;
• the financial situation of the parent with whom the child lives has improved significantly; additional funds in the form of alimony are not required;
• the minor lives with the alimony payer;
• The parent has no legal rights to the child.

The legislation notes cases of cancellation of alimony payments without a verdict by the judicial authorities:

• upon the death of one of the parties to alimony legal relations;
• reaching the age of 18 or the child receiving alimony getting married before the age of 16.

Alimony is also paid to the former spouses of the payers if they are unable to work for a number of reasons, for example, disability, pregnancy or supporting a disabled child.

When these circumstances are eliminated, the need to transfer alimony disappears. When a spouse remarries, she or he is no longer entitled to financial support in the form of alimony.

Is it possible to cancel alimony?

The possibility of canceling alimony is provided for by the Family Code and Resolution of the Plenum of the Armed Forces of the Russian Federation No. 56 dated December 27, 2017. The payer’s lack of a permanent place of work and disability are not considered an absolute basis for cancellation. The Resolution directly states that courts are obliged to take into account the balance of interests of the payer and recipient.

The relationships that became the basis for calculating payments and the financial situation of the recipient are taken into account. If it has improved significantly, then the payer has the right to demand mandatory cancellation of alimony obligations.

Note: Deprivation of parental rights to a child does not relieve one from the obligation to support him. Moreover, the requirement to pay alimony can be simultaneously filed in a claim for deprivation of parental rights or restrictions on communication with the child.

In Part 1 of Art. 119 of the Family Code that alimony can be canceled or its amount can be changed if there is a significant deterioration in the borrower’s financial situation or a change in his family status. Courts must also take into account other interests of the parties.

The specification of the provisions of the RF IC is given in Resolution of the Plenum No. 56. The document states that if an adult recipient of alimony is transferred to a state or municipal institution providing medical and social services and stays there on a permanent basis, then the court has the right to investigate his further need for alimony. If it turns out that the recipient fully satisfies his needs for treatment, care, and nutrition at the expense of the state, then alimony may be cancelled.

Exemption from payment is possible only under significantly changed circumstances, including due to a serious (including fatal) illness of the payer, the birth of a disabled child, or the relatively stable financial situation of other recipients. Each situation is considered individually. There are no specific, exact criteria at what level of financial situation or in what cases the debtor can be released from current alimony payments and from debt.

Cancellation of alimony by court order

If all conditions are met, the payer has the right to file a lawsuit with a request to stop alimony payments for the reasons stated earlier. Of course, all evidence must be substantiated and attached to the statement of claim.

How to file a claim

When filing a claim in court, the following procedure is followed:

1. The alimony payer selects the necessary evidence.
2. A claim is drawn up showing specific demands.
3. The application is sent to the magistrate's court for consideration. It is desirable that this be the same court where the alimony case was heard.
4. The plaintiff or his representative appears in the courtroom on the appointed date.
5. The court decision is handed over to the applicant. Then all that remains is to wait for it to enter into legal force.

This is also important to know:
Child support if the father does not work

The period from the issuance of a court decision until the date it enters into legal force takes no more than one month. This month, the payor is still obligated to pay the established amount of child support. It is better not to ignore this point, so as not to give the ex-spouse another reason to challenge the court’s verdict regarding the abolition of alimony payments in general.

Documentary base

Various documents are used as attachments to the claim, the list of which depends on the situation:

• Russian passport of the plaintiff;
• Birth certificate or passport of the minor receiving alimony;
• Receipt for payment of state duty;
• Evidence confirming the plaintiff’s desire to withdraw alimony.

Proof

Evidence that may influence the termination of alimony payments includes the following:

• Certificate of marriage of a child over 16 years of age;
• Certificate from the child’s workplace, if he is employed;
• Medical certificates about health status and ability to earn a living;
• Information about adoption by another person;
• Death certificate.

Expenses

In cases of consideration of the cancellation of alimony payments, payment of the state duty is a mandatory item in the cost estimate. The size of the payment directly depends on the amount of monthly transfers.

Practice: The alimony payer must transfer 6 thousand rubles monthly to the recipient, according to the statement of claim. In this situation, the state duty will be 4% of the total amount, that is, 240 rubles. However, according to the law, the amount of duty must be at least 400 rubles, so this is what you need to pay.

Counter-statement

If the defendant does not agree with the cancellation of alimony payments, he has the opportunity to file a counterclaim, which will clearly display evidence of the fact that the cancellation of alimony will affect the rights and interests of the child, since the grounds presented by the payer for the cancellation of alimony are fictitious. In this situation, both claims are considered by the judicial authorities in parallel. The court decision is made taking into account information from two documents.

Practice: The payer files a claim for the cancellation of alimony payments, since the child is legally competent due to employment and permanent income. The recipient submits a response statement in which he states that the minor does not work and the certificate from the place of work is not real. As a result of the trial, it becomes clear that the document really does not have reliable facts, especially since it bears the seal of an organization that has not existed for a long time.

Agreement of the parties

A voluntary agreement between former spouses can once and for all solve the problem of canceling alimony payments. The defendant may offer to resolve the situation without involving the judiciary. Since in this case the demands of the plaintiff and the defendant are absolutely opposite, the only more or less reasonable compromise would be to reduce the amount of payments several times. In this case, the applicant can do this only of his own free will.

Practice: The plaintiff applies to the judicial authorities with a request to revoke alimony, since the child has entered into an official marriage. The defendant expresses a desire to draw up a peace agreement, according to which alimony payments will be equal to 15% of past deductions. The basis for this requirement is the inability of a young family to provide for itself at first. If the plaintiff agrees, the trial will be terminated, and a settlement agreement will be drawn up and certified by a notary. The payer will be required to deduct a percentage of the previous child support payment.

The procedure for canceling alimony in court

Expert opinion

Grigoriev Egor Kirillovich

Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.

The payer has the right, if there are grounds for canceling alimony payments, to draw up an appropriate claim and present to the court the evidence base justifying the requirements. Having considered the evidence and requirements, the judge will either cancel the penalty or refuse to satisfy the payer’s claim.

If there is a positive decision, the plaintiff receives a writ of execution, which must be handed over to the bailiffs to complete the proceedings.

Application for cancellation of alimony

The statement of claim is drawn up on the basis of Article 394 of the Code of Civil Procedure, that is, based on newly discovered circumstances. The application must contain:

• Name of the court;
• Details of the plaintiff, defendant;
• Details of the previous court decision on the collection of alimony payments;
• Request to cancel the previous court decision on the assignment of payments;
• Description of the situation and justification of the claim with reference to evidence;
• The cost of the claim is the amount of payments collected from the payer for the year.

Sample

Required documents

• Passport of the alimony payer;
• Child's birth certificate;
• Certificates of marriage, divorce;
• Documentary evidence of the need to cancel alimony payments;
• A writ of execution on a previous decision to collect payments;
• Receipt of payment by the applicant of the state fee.

Where to go

The claim must be filed with the court that made the previous decision to collect payments from the alimony payer.

Payment of state duty

Unlike a claim for the recovery of alimony payments, when filing a claim for the cancellation of these payments, it is necessary to pay a state fee, which is calculated as a percentage of the price of the property claim, based on the requirements of paragraph 1 of part 333.19 of the Tax Code.

This is important to know: Statement of claim for division of property after divorce: sample 2021

Filing a claim to cancel alimony

The statement of claim for the cancellation of alimony must display the following data:

• What is the name of a specific judicial body, its actual address;
• Personal data of the defendant and plaintiff;
• The number of the court decision that served as the basis for calculating child support;
• Brief explanation of the reason for contacting;
• The circumstance that became the basis for the cancellation of alimony obligations;
• Amount and term of payments;
• Plaintiff's claims;
• The total amount of payments for one year per child;
• A list of applications, including evidence, that serve as the basis for canceling alimony;
• Date and signature of the plaintiff.

Important

The claim is drawn up in any form, but failure to comply with the structure may lead to refusal to consider the case by the judicial authorities.

How to compose

The claim displays four important elements: introduction, nature of the problem, demands and a list of attached documents.

Introduction

This part indicates where the claim is being filed, who acts as the plaintiff and defendant, information about them, contact details and other general information. The price of the claim is also noted, which will be used to calculate the state duty.

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How to refuse alimony and whether it can be done legally

The essence of filing a claim

The applicant’s point of view on the problem is displayed here, as well as evidence of correctness and information that can influence the final verdict.

It is necessary to prove all significant and important statements, but there is no need to prove generally known facts if they are indicated in the general text of the claim.

Requirements

The third part specifies the applicant's demands on the defendant. In this situation, the requirement is the abolition of alimony, but in addition to this, the plaintiff can put forward other demands that he considers important.

If the plaintiff notes any additional requirements, then perhaps the state fee will also be slightly higher, because its price is calculated based on the cost of the claim itself, as well as the contents of the requirements.

List of documents

This part of the claim displays a list of attached documents. Remember that if a document is not shown in the list, but is present as such, it can be used during the court hearing. However, it is still recommended to indicate all existing papers at the time of filing the claim.

Sample statement of claim for cancellation of child support

In order for a claim to terminate the collection of alimony to be accepted for consideration, it is worth studying the existing template in advance. A sample claim for cancellation of alimony obligations can be downloaded from the link. Below is a sample application to terminate alimony payments.

Going to court

If alimony was assigned not by a voluntary agreement, but by decision of the judicial authorities, then to cancel it you will have to apply there. In most cases, the problem of forced collection of alimony funds is decided by the district court at the defendant’s place of residence. If the alimony payer evades his obligations, then the case is considered in the magistrate’s court. After receiving the final court decision, it is handed over to the bailiffs, who, guided by an official order or writ of execution, cancel the obligation to pay child support.

Government duty

The claim must be accompanied by a receipt confirming that the plaintiff has paid the state fee. The amount of the fee in cases involving changes or complete cancellation of alimony payments is established in Article 333.19 of the Tax Code. The application amount may be as follows:

• If the price of the completed application is up to 20 thousand rubles, then the payment of the state duty will be 4% of the total amount, but not less than 400 rubles.
• If the claim is up to 100 thousand rubles, but more than 20, then 3% and another 800 rubles are deducted.
• If within the range of 100 – 200 thousand rubles, then the state duty is 2% plus 3200 rubles.

When receiving a court order, the amount of the state fee is only half. The second is paid by the recipient.

The cost of the claim is the total amount of alimony payments for one year, which will be removed from the payer’s responsibility. The cost of the application is almost never set higher than 200 thousand rubles. Even if the amount goes beyond these limits, the state cannot collect more than 60,000 rubles in state duty from the applicant. If alimony payments are canceled at the request of the recipient, the state fee does not need to be paid.

Calculation of state duty to reduce the amount of alimony

• Use of claim price. This method is to use the amount of the claim. This indicator will be the amount by which the applicant wishes to reduce alimony. At the same time, the procedure itself is not regulated by law; it only allows the use of such a method. In such a situation, the percentages established by the Tax Code will be applied, depending on which the amount of the state duty will be determined. The percentage varies depending on the original amount: Less than twenty thousand rubles - four percent, but the duty should not be less than four hundred rubles;
• From twenty to one hundred thousand rubles - three percent of the difference between twenty thousand and the cost of the claim, also plus eight hundred rubles;
• From one hundred to two hundred thousand rubles - the difference between one hundred thousand and the price of the claim, two percent of it and plus three thousand two hundred rubles;
• From two hundred thousand to one million rubles - one percent of the amount that is above two hundred thousand rubles and plus five thousand two hundred rubles;
• More than one million rubles - half a percent of the difference between a million and the price of the claim, plus thirteen thousand two hundred rubles, but the state duty should not exceed sixty thousand rubles;

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Cancellation of alimony by agreement of the parties

Negotiating the cancellation of child support by mutual agreement is quite problematic. If alimony payments were transferred by agreement of both parties, then the former spouses can terminate the agreement at their own request, having agreed with each other.

• By mutual agreement. The former spouses agree that the previous agreement is no longer valid, which means it is necessary to conclude a new one. If the claimant, after drawing up the agreement, does not apply to the judicial authorities to demand the recovery of alimony payments from the former spouse, then they are completely canceled under the terms of the new agreement.
• Unilaterally. If one of the parties to the contract violates the procedure of the agreement, then the other party terminates it, presenting significant evidence for this. After termination, the recipient immediately applies to the judicial authorities with a request for forced collection of alimony funds.

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Practice: In a peace agreement between the parties, the recipient of alimony agreed not to interfere with the child’s communication with the other parent. The recipient of alimony began in every possible way to prevent any contact between the child and the payer immediately after the agreement was concluded, thereby violating the mandatory terms of the agreement. The parent filed a lawsuit asking the court to declare the voluntary agreement invalid. He presented all the evidence that the ex-husband did not comply with the pre-agreed requirement. The court ruled in favor of the applicant.

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Termination of an agreement to pay alimony

The alimony agreement can be terminated without judicial intervention by mutual consent of the parties. If one of the parties does not cooperate, the problem must be resolved in court by filing a claim to cancel the alimony payment.

The reason for canceling an agreement to pay alimony or reducing its amount is most often the deterioration of the financial situation of the payer. There may be cases when the recipient has a higher income than the burdened person. The third option is the payer having a child from a new marriage.

When both parties agree to cancel the agreement, they draw up the corresponding paper and submit it to a lawyer for certification. To stop calculating payments from wages, the former payer must present the employer with a copy of this document.

Termination of the agreement through the court is carried out by filing a lawsuit. In this case, most likely, the amount will be reduced, but the payment of alimony will not be cancelled.

Cancellation of alimony debt and penalties for it

Sometimes the applicant does not demand the cancellation of alimony payments, but precisely the debt and penalties that have accumulated over a certain period of time. Their cancellation can only be requested if the debt did not arise due to the actions of the payer himself.

Practice: The payer suffered a severe back injury and has been treated in the hospital for the past few months. All funds were used to pay for medical services and medications. During recovery and treatment, alimony arrears arose. If the payer presents certificates from a medical institution as proof of his presence there, the court will invalidate the debt and penalty.

This is also important to know:
Alimony and the cost of living

Revocation of alimony or its complete cancellation are extremely complex processes due to the fact that for their implementation it is necessary to present a larger number of facts and documents. Experienced lawyers will help you understand the main problems and emerging situations during a free consultation. They will be able to draw up and execute the necessary documents or even represent your interests during the trial.

Statement of claim for cancellation of alimony

• Passport of the person burdened with alimony;
• Child's certificate (usually a copy);
• Copies of documents on marriage and divorce;
• Certificate of family composition;
• Documentary evidence of the grounds for interruption of payments;
• A writ of execution according to which money is collected;
• Details of the decision on the basis of which the deductions were established;
• Statement.

1. Cancellation of alimony provided by law. This is possible if the direct grounds for transferring financial support disappear.
2. Exemption from monetary support. This happens when the recipient no longer needs financial assistance.

If a citizen does not appear for the postal item, the post office will send it back to the court within the prescribed period. The 10-day countdown will begin from the date when the court receives back the order that the alimony payer did not receive. If the citizen received it, the countdown will begin from the day he signed for the package at the post office.

It is not necessary to formally register alimony. The father can simply transfer the money to the mother in cash. But in this case, she will not be able to apply for benefits and allowances that she could qualify for. For example, in order to apply for child care benefits from 3 to 7 years old, a mother must indicate all her income. And if alimony is not collected, then the social protection department will not assign benefits.

Decision of the judicial authorities on exemption from payment of alimony

Practice No. 1: A bailiff applied to the judicial authorities for a decision to stop the collection of child support, who received a statement from the recipient of funds that the payer had not transferred money for quite some time. The bailiff stated that the alimony payer had died and confirmed this fact with a death certificate. According to clause 1 of Article 120 of the RF IC, the court decided that all alimony payments were stopped. The alimony debt arose after the payer passed away, which means the debt is not inherited.

Practice No. 2: The alimony payer applied to the court with a demand to stop the collection of sums of money from him for child support. As the basis for this, he pointed out the fact that the minor in his care has a regular income and an official job. As evidence, he provided the court with a certificate from the child’s place of work. The defendant did not come to the court hearing. According to Article 120 of the RF IC, the court decided to stop alimony payments.

Practice No. 3: The recipient of alimony applied to the court with a demand to stop the collection of alimony from her ex-husband, since the minor, who was supported by the alimony payer, was officially adopted by the plaintiff’s new husband. The applicant provided supporting documents. The defendant did not appear in court. According to Article 120 of the RF IC, the court decides to terminate alimony payments.

Statement of claim for cancellation of alimony

The legislation does not provide for the possibility of refusing alimony for the recipient of funds. This was done specifically, as part of the implementation of the mechanism for protecting the rights of the child. The payer has the opportunity to refuse payments or at least change their size, but certain conditions must be met. It is worth noting that in practice, situations with the complete abolition of alimony practically never occur; more often, the payment amount is simply reduced. Nevertheless, Article 120 of the RF IC describes very real grounds that can actually lead to the abolition of alimony.

1. Cancellation of alimony provided by law. This is possible if the direct grounds for transferring financial support disappear.
2. Exemption from monetary support. This happens when the recipient no longer needs financial assistance.

Additional questions

Property for alimony payments

The law of the Russian Federation does not have exact requirements for real estate transferred as alimony, but in order not to encounter some obstacles and problems when performing this procedure, it is important to adhere to the following criteria:

• The normal condition of the property, for example, housing is not in disrepair.
• No collateral in the bank, because in this case the recipient is burdened with additional payments in the future, and the transaction can be challenged in court. Registration of minors occurs only with the permission of official representatives.
• Ownership. The person obligated for alimony can only provide housing that belongs to him or a share in it.

When the payer purchases food, clothing and other things of daily use, the parent does not exempt himself from alimony payments, which means he accumulates a debt for alimony. He will subsequently have to prove his participation in the child’s life in court or with the bailiffs, since this is considered additional help.

How to cancel alimony penalty

It happens that the payer stops paying alimony after the grounds for this arise, without turning to the judicial authorities. But it is worth knowing that without a legal justification for canceling payments, this action will only lead to the formation of alimony arrears, and this, as is known, is subject to a penalty. It may also appear in case of default of the payer or his unwillingness to transfer alimony funds for the maintenance of a minor. The law provided a solution to the problem associated with the cancellation of the payment of penalties for debt, but for this you need to have good reasons:

• Serious illness.
• Unforeseen expenses that are vital.
• Dismissal from work.
• Delay of wages.
• Family financial problems.
• And other.

There are many reasons for delaying alimony payments, but each of them must be justified and supported by relevant documents and certificates. Otherwise, the payer will have to pay the amount of debt and penalties in full. And with further neglect and accumulation of alimony debt, administrative and criminal liability follows.

It becomes clear that the termination of obligations to pay financial assistance to a child from a parent who does not live with him occurs only in specific established situations, which must be supported and justified by relevant documents and certificates.

How to cancel alimony when trying on spouses

It is known that there are several grounds for the legal revocation of alimony payments:

1. The child has reached adulthood. Exceptions are those families in which a child with a serious illness or disabled for other reasons has become an adult.
2. When a child lives with a child support payer. Sometimes it happens that the payer takes the child with him, but child support still continues to be calculated, because the court decision on its calculation is still legal. In this situation, the payer needs to file a lawsuit that determines the child’s place of residence and redirects child support obligations to the second parent.
3. Biological parenthood is contested in court.
4. The ability to work of minors and their availability of permanent, stable income.
5. Care of their life as alimony payer or claimant.
6. When signing a voluntary agreement or choosing another way to pay off alimony obligations, for example, providing expensive tangible property
7. The child supported by the payer was officially adopted by another person.
8. The recipient's financial situation has improved.E
9. Cancellation of disability category for an adult.

This is also important to know:
State duty on alimony

The procedure for canceling child support is conventionally divided into two types:

1. When parents live together;
2. When approving another form of alimony payments.

In the first situation, the recipient must contact the enforcement service with a request to return the writ of execution. If it is not returned within one year, then the defendant will never again make alimony payments for this minor. It is impossible to file such a claim twice.

Important

In order to avoid getting into a similar situation, it is necessary to return the writ of execution to the service after eleven months for a few days.

After the sheet is returned to the database, it can be taken back for the next eleven months. This procedure is not the most pleasant and convenient, but extremely tedious, but it is precisely this procedure that allows you to protect the rights and interests of a minor in the event of another separation of parents.

Moreover, legal representatives can enter into an agreement to cancel alimony in exchange for another form of payment, for example, in the form of real estate or payment for expensive education, medical services, recreational activities, trips abroad, and other things.

According to the laws of the RF IC, there are several grounds on which the plaintiff has the right not to pay alimony for a child, ex-spouse or close relative:

• coming of age;
• death of the person for whose maintenance alimony funds are paid, or the death of one of the parents;
• the child has a permanent official income;
• recovery of a disabled child over 18 years of age, which means his acquisition of legal capacity;
• the arrival of the moment specified in the agreement, after which the payment of alimony stops;
• registration by the recipient of alimony of new marital relations
• establishing the absence of a family connection between the payer and the child;
• adoption of a child for whose maintenance funds are paid by another person;
• improvement of the financial situation of the recipient, on the basis of which there is no longer a need for additional funds in the form of alimony;
• termination of the recipient's disability.

This list is not complete and exhaustive; in fact, other grounds for termination of payments may be established.

Enforcement proceedings regarding the accrual of child support are terminated upon the death of the claimant. However, presenting a death certificate to the bailiffs does not allow the alimony payments to be terminated. To completely stop alimony payments, you must submit a statement of claim and documents confirming the fact of death to the court.

If the court receives evidence that no relationship has been found between the payer and the recipient, then this will also be grounds for canceling alimony payments. To establish biological relationship or lack thereof, a special genetic examination is performed.

If a parent doubts his biological relationship with the child, he has the right to file a claim with the judicial authorities, supporting it with relevant evidence. If the petition is accepted, the court will order an examination to determine the relationship between the plaintiff and the minor, and then, based on the results of the examination, will issue its verdict.

When adopting a child by new persons, they enter into obligations to support the minor. In connection with this fact, the alimony payment is canceled by a court decision.

When a former spouse enters into a new marital relationship, the new husband or wife, according to Family Law, undertakes to financially support and support the new spouse. In this regard, the ex-husband or wife has the right to demand the cancellation of alimony payments by providing evidence of a new marriage to the judicial authorities.

In order to cancel the alimony support of the former spouse, it is necessary to present significant evidence that the conditions for assigning alimony are not currently valid.

If alimony was accrued for a pregnant spouse or for the maintenance of children under three years of age, then alimony can be canceled due to the fact that the spouse enters into a new marriage within the first few years after the birth of the baby.

It is possible to stop alimony payments for the maintenance of a common minor child or a disabled child after the restoration of his legal capacity or in a situation where the parent does not require additional financial resources.

How to draw up an agreement if alimony payments were made forcibly

When submitting a writ of execution to bailiffs for enforcement, after drawing up an agreement, an application to revoke the writ of execution is sent. Everything happens as follows:

1. The recipient submits the claim to the bailiffs, as well as a copy of the alimony agreement;
2. Bailiffs consider the appeal, draw up a resolution on the completion of enforcement proceedings;
3. The resolution is sent to the parties no later than the day following the day of publication.

How to correctly calculate the state fee for a claim for alimony cancellation

1) when filing a claim of a property nature, an administrative claim of a property nature, subject to assessment, with the price of the claim: (as amended by Federal Law dated 04/05/2016 N 99-FZ) up to 20,000 rubles - 4 percent of the price of the claim, but not less 400 rubles; from 20,001 rubles to 100,000 rubles - 800 rubles plus 3 percent of the amount exceeding 20,000 rubles; from 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles; from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles; over 1,000,000 rubles - 13,200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles

1. if there is an alimony agreement, make changes to it or conclude a new agreement to replace the already concluded one, provide all wishes and conditions in the text of the document
2. If there is a court decision, the debt can be canceled only by a court decision.

• death of the payer or recipient of alimony. Legal relations regarding the payment of alimony are not inheritable.
• if there is an alimony agreement, its expiration date
• the child reaches the age of 18 or before this age upon receipt of full legal capacity
• in case of adoption of a child by another person
• change in circumstances in connection with which alimony was collected, for example, restoration of working capacity or health
• entry of the former spouse, for whose maintenance alimony was collected, into a new marriage
• the grounds provided for in the alimony payment agreement.

We recommend reading: Documents for Replacement of PTS for a Legal Entity