Situations with mothers abandoning their children continue to be quite common. In relation to a child left in a maternity hospital, the issue of assigning alimony payments has certain features that must be taken into account. The proposed article examines whether alimony is collected from the mother or father for an abandoned child, with the definition of responsibilities for the maintenance of such children, determining the amount of alimony and other related issues.
Release from obligations
The RF IC provides that abandonment of a child is possible only in the event of deprivation of maternal rights.
Article No. 69 of the Family Code regulates the process of deprivation of parental rights, while Article No. 73 specifies a list of circumstances that can lead to restriction of the actions of a guardian without deprivation of maternal or paternal rights. If the mother decides to abandon her obligations to raise and support the newborn, then she still needs to pay child support, as if her minor children live with their father, grandmother or relatives. The mother's refusal must be made in writing. The mother’s name must be indicated in the refusal, as well as in other official documents, since otherwise it may be problematic to collect alimony from the mother.
The procedure for collecting alimony in favor of an abandoned child
Child support for an abandoned child in a maternity hospital is calculated according to the same scheme and paid in the same manner as if the mother had simply left the family. The collection of financial support is exclusively dealt with by the court - alimony is established in parallel with the proceedings on the deprivation of maternal (paternal) rights, with the mandatory presence of a prosecutor at the meeting. In court, testimony is heard and the report of the PLO employees, who act as guarantors of the protection of the rights and interests of minors, is analyzed.
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When determining the amount of deductions, the financial situation of payers is taken into account. Based on specific circumstances, the availability of official wages, or another additional (permanent or temporary) source of income, the court will set a fixed amount (usually not lower than the subsistence level) or will collect alimony in shares of monthly earnings.
After the decision is made, the writ of execution is sent to the bailiff service. An official of the territorial body of the FSSP is responsible for:
- initiate enforcement proceedings;
- find and notify the debtor;
- identify all available sources of income;
- take interim measures, send a writ of execution to the place of employment or to a credit institution, seize property;
- monitor the completeness and timeliness of payments.
Father's Responsibilities
If the child’s mother was not married at the time of childbirth, and there is no information about the father (full name, place of registration and work, phone number, etc.), then all obligations to pay child support for the abandoned child rest solely with the mother.
It is possible to hold a father accountable for providing for an abandoned child only after his identity has been established. In the case where a woman was married, the husband's name is recorded on the birth certificate. A husband who is not sure that the newborn is his biological child has the right to challenge his paternity in court and get rid of the need to pay financial assistance to the baby left in the maternity hospital.
Considering the social aspect of the problem, it can be noted that mostly dysfunctional mothers with mental or financial problems who are unable to establish the identity of the father leave their children in the maternity hospital. Thus, cases when a father pays child support for an abandoned child are extremely rare.
Who should pay child support for an abandoned child?
- Deprived of parental rights: do I have to pay child support?
The obligation to pay alimony arises due to the presence of a family relationship.
The fact of origin of a newborn from these parents must be established and formalized legally. If the biological relationship of the mother does not require determination and is accepted as not disputed, then paternity will have to be confirmed.
An exception is that the woman who signed the waiver was in a registered marriage at the time of childbirth or 300 days before the birth of the baby. In this case, the spouse (former spouse) of the mother of the newborn is automatically recognized as the father and, accordingly, the payer of alimony.
According to the rules, the refusal is formalized by drawing up a special application, sent simultaneously to the guardianship authorities (CCA), the court and the registry office departments. The document must be certified by a notary and contains all the necessary information to identify the parents.
Further actions
After the mother has abandoned the newborn, the guardianship authorities begin the procedure for depriving the refuser of her maternal rights, and this can only be carried out in court. As a rule, a court decision is made immediately after the hearing by representatives of the territorial guardianship authority and prosecutors. The judicial act indicates the decision of the judge, and its consequences may be:
- loss of the mother's right to provide for her children;
- the inability to demand money from an abandoned daughter or son in the future;
- inability to act as heir to children’s property in the event of their death;
- a ban on visits and communication with children left in the maternity hospital.
Filing a claim
The plaintiff who can apply to the court for deprivation of parental rights can be one of the parents, a guardianship employee or a prosecutor. The application is submitted in the form of a regular lawsuit. The application must indicate all essential passport data of children and parents.
Important! If we are talking about a voluntary renunciation of the rights of a guardian, then the statement of claim must necessarily indicate that the plaintiff understands all the consequences of his actions. It is impossible to revoke a court decision on the voluntary deprivation of paternal or maternal rights, unless, of course, the decision of the magistrate was initially in favor of the plaintiff.
Another important point is that the application must be certified by a notary before submitting it to court. Otherwise, it will have no legal weight.
Is refusal possible?
Many people think that giving up parental rights will remove or reduce liability for failure to pay child support. This is not so - the norms of the law for parents who abandon their children do not change, the penalties for defaulters remain the same:
Do I need to pay child support?
In the first situation, everything is simple - if in court the parent can prove that the children are not his (for example, he provides a medical report), then alimony will be removed from him, as well as other rights and obligations relating to children. So the fact of abandonment of the child will not play a role in this case.
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We wrote an appeal to the Shchelkovo City Court of the Moscow Region and submitted it through the reception of the magistrate, who made a decision as required by law. The magistrate sent the materials of the entire case, along with the appeal, to a higher court independently.
In 2021, Ivan married again, and in 2021 a child was born in the new family. Everyday expenses increased, Ivan decided to improve his living conditions. He took out a mortgage. Additional financial assistance to Kirill from Ivan ceased. In addition, Ivan decided that he was paying too much alimony to his son.
And don’t let them reduce their size
The Supreme Court clarified: if a claim to reduce alimony is being considered, then a change in the financial or marital status of the parent who pays alimony is not an absolute basis for satisfying the claim. That is, even in the presence of exceptional circumstances, the court has the right, but is not obliged, to change the amount of alimony.
After documents have been drawn up for the baby at the civil registry office - a birth record and a birth certificate - the parents, in addition to their rights, have responsibilities for the maintenance of their children.
Deadline for paying alimony
A mother may be exempt from the need to pay child support when:
- the child turns 18 years old (except for those cases when, based on the results of a medical examination, he was assigned any of the disability groups);
- the recipient of alimony is undergoing the emancipation procedure (the guardianship authority may recognize a minor as legally competent if he receives the status of an individual entrepreneur or enters into marriage);
- premature death of mother or children;
- adoption or adoption.
In all other situations, providing for children is mandatory. If a citizen who refuses motherhood ignores Russian legislation, she may be subject to administrative or even criminal liability (prison).
Amount of alimony payments
The amount of child support directly depends on the number of children:
- one child – a quarter of the income;
- two children – a third of income;
- three or more recipients of alimony – more than half of the salary.
If the mother has problems with employment, then by court decision you can:
- pay security in a fixed amount (the magistrate sets a certain fixed amount, which does not depend on the level of income);
- achieve a reduction in alimony, based on the average level of wages in Russia.
The right of children left without parental care to alimony
Children may be left without the care of their parents for a variety of reasons. The main reasons for this unfavorable situation are: deprivation of parental rights; disease; separation from children or prolonged absence of parents; avoidance of parents from raising children; reluctance of parents to participate in the maintenance of minor children.
The procedure for collecting alimony
A child lives with us under guardianship. Mother in MLS. The mother has 1 minor and 2 adult children. I don’t know whether she pays child support for those children. What size should I indicate in the statement of claim?
If a citizen is deprived of parental rights or the child is being raised in another family on a different basis, it is possible to transfer him for adoption. After the court decision enters into force, the maintenance obligation ceases. An exception is the situation when the court reserves the minor’s right to alimony from their natural parents.
Often, parents want to formalize the abandonment of a minor if they have a conflicting relationship with the child. The law does not provide for exemption from the obligation to raise, support and educate a child in the event of a violation of the child-parent relationship.
If a father is deprived of parental rights, must he pay child support?
If one of the parties refuses to fulfill the terms of the agreement, the law does not provide for the need for its termination. The second party has the right to demand forced execution of the conditions through the FSSP. The agreement is given the force of a writ of execution.
If a woman is officially employed, then during maternity leave, she has the right to receive monthly 40% of her official salary. Such deductions will become the only official income for a woman during maternity leave.
Procedure for collecting alimony payments
Only the magistrate has the right to deprive a person of parental rights, while a representative of the guardianship authority and the district prosecutor also participate in the trial, since, according to Russian law, they represent the interests of the child. Thus, the first step is to contact the territorial office of the magistrate with a lawsuit. If during the hearing it turns out that the mother abandons the children due to punishable circumstances, then she may be prosecuted.
How can I get a deferment?
Abandonment of a natural child is possible only if the child is put up for adoption by citizens of the Russian Federation or foreign citizens. After the court decision enters into legal force, the payer is released from depositing funds. Deprivation of parental rights, transfer of a minor to guardianship, trusteeship, a foster family, or supervision in an orphanage is not a basis for exemption from financial support.
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If a father is deprived of parental rights, must he pay child support?
After a court decision is made to challenge paternity, the man will be able to recover from the mother of the minor the money that he has paid over the last 3 years as financial support for his son/daughter. In addition, he will be exempt from subsequent payments.
When applying various measures of responsibility, a fine may be imposed on the debtor, his accounts and property may be seized, the validity of his driver’s license may be limited, travel outside Russia may be prohibited, and a number of other penalties may be applied, including deprivation of liberty and (or) parental rights.
If arrears arise in child support payments without good reason, monthly deductions upon restoration of the debtor’s stable income can reach 70 percent in accordance with Part 3 of Art. 99 of Federal Law No. 229-FZ “On Enforcement Proceedings”.
Writ of execution for alimony
If agreement cannot be reached, you will have to seek alimony payments through the court. But even in this case, you can avoid a lengthy trial by using the simplified procedure for issuing a court order.
When a child is placed in an educational institution, alimony is transferred to the institution’s accounts, where it is recorded separately for each minor. The administration of the child care institution has the right to withdraw part of the funds, directing them to support the child. The amount of money accumulated in the child’s account becomes his/her disposal after reaching the age of majority.
Payment of child support upon adoption
A child left by his mother in a maternity hospital can be given to state support on the Internet or adopted. It is possible that a marriage between spouses who decide to adopt a child may also be dissolved, which is why it is worth understanding which of the adoptive parents is responsible for paying alimony.
In this case, many fathers simply try to “get rid” of their adopted children in order to be exempt from paying child support. But, as judicial practice shows, the father’s chances of canceling his adoption in order to evade paying a monthly allowance are negligible.
Alimony and other consequences of abandoning a child in the maternity hospital
The mother of the child must have good reasons. Otherwise, such an act is guilty behavior. Until the child is recognized as adopted, the parents’ responsibilities for its maintenance do not cease.
If, for some reason, information about the mother is not indicated in the official documentation, then, in fact, there is no one to file a claim with. This situation is in most cases the exception rather than the rule. If a woman decides to leave her newborn in the maternity hospital, then the refusal is formalized. The mother's details must be indicated in the papers.
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