The mother has been deprived of parental rights, pays child support, but is in debt. What are the ways to get the child back and what are the consequences? Mother is not married, divorced. The child is in the care of his sister.

Debt on alimony

Family law obliges each parent to support their own child equally. If parents cannot agree on the terms of payment on their own, such order and conditions are determined by the court when assigning alimony. They are periodic payments due monthly. Control over transfers, if enforcement proceedings have been initiated, is carried out by bailiffs - they request a report on transfers at the payer’s place of work, or the payer himself reports them to the FSSP.

If the funds stop arriving, starting next month the bailiff will accrue the alimony debt to the alimony provider. The longer the debtor continues to evade, the greater his debt will be. The reasons why he does not pay do not matter; the debt increases in proportion to the number of overdue months.

The formed debt will subsequently be collected not at the expense of labor income, but at the expense of the debtor’s liquid property.

Responsibility for draft dodgers

In addition to the seizure of property and foreclosure, the debtor can expect other forms of deprivation, including:

Civil liability: allows any alimony collector, in the event of arrears, to demand from the alimony provider payment of a penalty, the amount of which is fixed at 0.5% of the debt per day of delay;
Administrative punishment: allows the evader to be subject to administrative punishment if the period of non-payment after the start of compulsory execution exceeds 2 months. The debtor faces forced labor, a fine or administrative arrest.
Criminal liability: threatens the debtor with criminal punishment if he does not start paying even after an administrative penalty has been imposed. The draft dodger faces correctional or forced labor, arrest, or even imprisonment.

Interestingly, malicious evasion can simultaneously cause other restrictions, for example, deprivation of parental rights. Let's take a closer look.

Why do they deprive

As we have already said, deprivation of parental rights (DPR) is an exceptional form of parental responsibility imposed on persons who improperly fulfill their parental responsibilities. Given the nature of the liability measure, it has a limited list of grounds for application, including:

refusal to pick up a child from a maternity hospital, hospital or social service organization;
abuse of rights;
child abuse;
suffering from chronic forms of alcohol or drug addiction;
an attack on the life or health of a child, second parent, spouse or other relative;
avoidance of parental obligations, for example, child support.

At the same time, alimony debts cannot always serve as a basis for the application of this particular measure of responsibility. The answer to the question whether parental rights can be deprived for failure to pay child support depends on the nature of the evasion and the reasons for it, but more on that later. Read more about how deprivation of parental rights occurs.

Restriction of parental rights for non-payment of child support.

Restriction of parental rights for non-payment of child support is permitted if sufficient evidence is provided to this fact.

Let's consider the two most common options for limiting parental rights for non-payment of child support:

The presence of alimony debt is confirmed by an official resolution from the bailiffs.
The existence of a child support debt was not confirmed by a certificate, but, nevertheless, for many years the parent avoided providing financial support for the child.

If there is official confirmation, the following must be provided as evidence to the court:

- a resolution from the competent bailiff to initiate proceedings in the case;

- certificate of calculation of debt for cash payments.

If you have not applied to the court with a request to collect alimony or to the bailiffs, then the problem of proof is more acute. The following can be used as evidence in this case:

- testimony of witnesses;

— recording of negotiations on this issue with the defendant;

- a written appeal to the defendant with a request for financial assistance, as well as his written refusal.

Is the fact of non-payment of alimony sufficient to limit rights?

As a rule, when trying to restrict rights on such a basis, it makes sense to also resort to additional, auxiliary reasons.

Legislative framework

The basis of domestic legislation on PRP is. In particular, it determines the grounds for such deprivation, establishes general rules for the procedure, and regulates the consequences that will occur as a result of such deprivation.

The second document, the content of which has a direct impact on the procedure, is. In particular, it explains some features, clarifies the grounds for removal from raising children and helps to understand whether the parent will be held accountable.

Since the issue of removal from education requires litigation, it is also fair to mention. In particular, it determines the procedure for applying to court for PRPs, and all subsequent chapters regulate the further procedure for considering the case.

Next, we propose to dwell in more detail on the deprivation procedure justified by non-payment of alimony.

Procedure for depriving paternity for non-payment of child support

Options for depriving paternity for non-payment of financial support

No.	Option	A comment
1	In general order	The initiator applies to the court with an application. He provides evidence of failure to fulfill paternal responsibilities. Attaches documents on bringing to administrative responsibility for non-payment of financial assistance for the child, a certificate of debt calculation. It also attracts witnesses. The chances of satisfying the requirements are low, since the court must apply the measure in exceptional cases.
2	If there is a court verdict	The initiator may apply to the FSSP with an application to bring the defendant to criminal liability. The procedure will take longer than the first option. However, if there is a verdict, a person can go to court with a guaranteed result.

The procedure does not differ depending on the selected option. The method has a major impact on the timing of the proceedings and the list of evidence.

Action algorithm for the initiator:

Preparation of evidence and collection of documents.
Filling out an application.
Submitting documents to the court.
Trial.
Obtaining a court decision.

Important! In the event of deprivation of paternity for non-payment of child support, the obligation to make payments is not removed and the debt generated over the past period is not written off.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

If you initiate the process for the subsequent adoption of a child by a new spouse, you must remember that the possibility of going to court for adoption arises only 6 months after the court decision to deprive paternity comes into force. During this time, the father can restore his rights if he pays the child support debt. In addition, in the case of adoption, alimony is no longer collected from the debtor. But the debt formed earlier is also subject to payment.

Collection of evidence

The evidence base varies depending on the method chosen.

If you want to file documents in court as quickly as possible, you need to prepare an extensive evidence base, which includes:

applicant's passport;
child's birth document;
passport of a minor over 14 years of age;
extract from the house register;
information about bringing to administrative responsibility for non-payment of alimony;
data on prosecution for failure to fulfill paternal responsibilities;
characteristics of a child from school, kindergarten, additional education organizations;
materials characterizing the defendant (from work, school, police, neighbors).

Additionally, it is necessary to attract witnesses (relatives, friends, neighbors, teachers) who can explain the relationship between the child and the defendant.

Important! Lack of evidence will lead to denial of the claim. Therefore, it is necessary to prepare the maximum amount of information and ensure the appearance of 3–4 witnesses.

If the applicant has chosen a more reliable method, then it is necessary to submit to the court a verdict on criminal liability. It does not matter what type of punishment is applied to the defendant. The court will definitely deprive him of his paternal rights.

Important! The process cannot be initiated if a citizen is serving a sentence in prison. We must wait for his release.

Filing a claim

The claim for deprivation of paternity is formalized as follows:

name of the judicial authority;
details of the initiator of the process, including address and contact information;
information about the father;
name of the guardianship department;
name of the district prosecutor's office;
name of the claim;
information about the relationship between the plaintiff and the defendant (married, divorced, guardian of his child);
information about non-payment of alimony;
description of evidence;
reference to law;
plaintiff's claims;
list of documents;
signature and date.

Sample statement of claim for deprivation of paternity for non-payment of child support

Going to court

The application must be sent to the court located:

at the place of registration of the father;
at the place of the man’s last actual place of residence;
at the father's last known place of residence.

Referral methods:

personally;
by mail;
with the help of a trusted person (if there is a notarized power of attorney).

Attending a court hearing

The presence of the plaintiff in the process of deprivation of paternity is important. He must explain his position and confirm the claims.

The applicant independently ensures the appearance of all witnesses named in the claim. If it is necessary to request evidence from the police, KDN and ZP, the guardianship department, you must attach a petition to request information to the court.

The applicant can contact the guardianship department to conduct an examination of the living conditions of the child and father. However, the court itself can order this information. The act will be useful in case of deprivation of rights without a court verdict due to malicious evasion.

During the process, the opinion of specialists from the district guardianship department is necessarily clarified. They not only provide information about the inspection of the child’s and father’s housing, but also present a conclusion about the current situation. It is often in the children's best interests to satisfy the applicant's demands.

If the minor has reached 10 years of age , then he is also invited to court. The child's opinion is taken into account, but the court does not base the decision on it.

Conditions for deprivation of parental rights

If a parent stops paying child support, he certainly can, but does not always have to, be removed from raising the child he must support. The legislator took into account possible life situations, therefore the mere fact of debt formation (for example, if the parent has good reasons) does not yet provide grounds for PLR. The main and essentially the most important condition for the application of this measure is the seriousness of non-payment of alimony. Let's consider what is meant by this formulation.

The malicious nature of evasion

The main normative source explaining what exactly the legislator understands by the malicious nature of evasion is paragraph 16 of Resolution No. 44 of the Plenum of the Supreme Court of the Russian Federation. According to it, when determining such a characteristic as maliciousness, it is important to take into account both the terms and amounts of alimony debt, and the reasons for with which she was educated.

The main condition for determining the severity of evasion is the presence of the alimony provider’s fault in creating the debt. Simply put, debt formed for good reasons (more on them below) does not allow the parent’s actions to be assessed as malicious evasion.

Thus, the judges were able to identify the main signs of malice, namely:

formation of alimony debt due to the fault of the alimony provider;
concealment of the true amount of salary from which money should be transferred;
the parent is wanted due to the impossibility of establishing his location or concealment of such location;
the fact of being brought to administrative or criminal liability for non-payment of alimony.

Find out more about what constitutes malicious evasion of child support.

Procedure for depriving a father of parental rights

Article 70 of the Family Code, paragraph 1, makes it possible to terminate paternal rights in accordance with a court decision for malicious failure to pay alimony. To do this, it is necessary to file a claim in court, since this issue can only be resolved through the judiciary. An application for deprivation of rights can be submitted not only by the mother, but also by guardians, relatives, and guardianship authorities. The situation of depriving a father of the opportunity to raise a child can be resolved in two ways:

File a claim that the father is a willful defaulter, as a result of which the bailiffs, if he fails to fulfill his alimony obligations, hold him accountable: a fine, restriction of freedom, forced labor. Provided that he continues to evade payments, then a repeated application is written to terminate the father’s parental rights.
We immediately write a statement with a request to deprive the unscrupulous father of parental rights for non-payment of alimony, provided that forced collection methods have already been carried out by the bailiffs.

That is, it becomes clear that everything depends on the neglect of the situation and previously taken measures, depending on this, the complexity of the procedure for deprivation of rights for non-payment of alimony is determined. If this is the first method, then you will have to go to court twice, and if the second, then once, but on the basis of previously established liability for failure to fulfill obligations. When applying again, if the father does not have valid reasons for his inability to pay child support, the court most often takes the mother’s side, as a result of which the father is deprived of parental rights.

After you have submitted an application with documents to the court, you will be given a hearing date, usually in a week. The plaintiff, defendant, guardianship authorities and prosecutor are present at the meeting. The court will primarily consider not the mother’s claim, but why the father does not pay financial assistance to the child. If he gives compelling reasons as arguments - loss of work, deteriorating health, temporary family or financial difficulties that can be proven, then the court usually postpones the issue of depriving the second parent of the opportunity to raise the child until the difficult situation for the father is clarified. The father’s participation in the child’s life is also important; if the defendant often spends time with him, their time together has a positive effect on the child, then the court will not take the mother’s side and will not take away parental rights from the child support payer.

Valid reasons for debt

As we have already found out, in a number of cases the court may recognize alimony debt as one that arose as a result of objectively valid reasons. Their presence, if not excludes, then mitigates the responsibility of the draft dodger and will not allow him to be deprived of the right to raise a child. Such reasons, according to paragraph 2, and, should be considered:

long-term illness of the alimony worker, confirmed by a certificate of health or an extract from the medical history;
loss of ability to work, confirmed by an MSEC conclusion or a disability pension certificate;
the fault of third parties, for example, delay or non-payment of wages at the place of work, errors in calculations on the part of banking organizations;
being in compulsory military service;
the presence of unpreventable and emergency circumstances (natural disasters, military conflicts, epidemics, man-made accidents, and so on);
loss of work and objective difficulties with employment, confirmed by a certificate from the Employment Center and other evidence;
difficulties of a financial or family nature, confirmed by certificates of residence, family composition, copies of court decisions, and so on.

Please note that the list of extenuating circumstances is not final.
Judges consider each such case individually, therefore they can recognize any other circumstance as valid if it is not the fault of the debtor and it was precisely this circumstance that objectively prevented the fulfillment of the alimony obligation. As for partial payment of alimony payments, it in itself is not considered a valid reason or justification for evasion. However, when a parent makes at least some payments, even if he pays less than half of what is required, this will help him maintain the right to participate in raising the child. As a rule, the courts have a favorable attitude towards such negligent parents, entering into their position and assessing partial non-payment as an insufficient basis for PRP. Although this rule has many exceptions.

Algorithm for deprivation of parental rights

The procedure for depriving the parental rights of a father or mother who evades child support obligations always follows the general scenario. The general procedure can be divided into several mandatory stages, without which raising the issue of removing a parent from raising a child is not possible. Among the required steps:

Receiving a court decision to pay alimony or concluding an alimony agreement: the fact of the obligation to pay alimony must be documented.
Applying the writ of execution to the bailiffs: the materials of the enforcement proceedings will become the basis of the evidence base, confirming the evasion of alimony obligations.
Formation of debt: only bailiffs can fully control the process of fulfilling alimony obligations. They will also record and keep records of debt if it arises. You can also obtain documents confirming the formation of debt from them.
Preliminary preparation and collection of necessary documents: before depriving your ex-husband of paternity, it is important to collect the maximum possible package of evidence, enlist the support of the prosecutor's office and guardianship authorities - according to paragraph 2 of Art. 70 of the RF IC, they are obligatory participants in the process.
Going to court: it is important to comply with the jurisdiction and jurisdiction of the case.
Participation in legal proceedings: an important stage is personal participation in the legal process, confirming one’s own position, testifying, presenting evidence and supporting stated claims. If there is no practice of participating in litigation, consider engaging family lawyers.
Receiving a writ of execution and starting proceedings in the FSSP: if the plaintiff’s demands are satisfied by a court decision, but the alimony evader refuses to fulfill them, the LRP is carried out forcibly - by bailiffs.

The general procedure has some features, which we propose to dwell on below.

Which court should I go to?

As we have already said, deprivation of parental rights, regardless of the basis on which it is carried out, will require going to court and trial. An important condition for such treatment is compliance with jurisdiction and jurisdiction. Thus, general cases of a family law nature are considered by magistrates, however, according to paragraphs. 4 paragraph 1, issues of removing parents from raising children are among the exceptions. Therefore, according to , they should be considered by the district court.

Taking into account the analysis of the provisions, a claim in which the requirement to remove a parent from raising a child is the only one should be filed with the district court at the place of residence/location/stay (including the last known place) of the alimony debtor. However, if the totality of such demands includes, for example, the collection of an alimony penalty or a demand for divorce (provided the child lives with the plaintiff), such a claim can be filed at one’s own place of residence.

Package of necessary documents

When going to court, a package of documents is submitted to the office. The central place among them is occupied by the statement of claim. Requirements for its form and content are defined in. Taking into account its provisions, such a statement must contain:

the name of the court, personal data of the alimony parent and the plaintiff, as well as third parties (for example, the guardianship authority), their addresses and other contacts;
a detailed description of the current circumstances: an indication of the parent’s non-participation in the child’s life, failure to comply with a court decision to pay alimony, the absence of any financial assistance provided for the maintenance of the child, and so on;
indication of violated rights: the child’s right to receive maintenance, due to the parent’s evasion of his alimony obligation, is violated, moreover, the nature of the evasion itself, taking into account the duration and size of the debt, is malicious;
evidence: reference to documents that directly or indirectly confirm the above-described circumstances and facts, as well as facts of the debtor’s lack of response to the personal appeals of the second parent;
list of attached documents, date, signature.

However, a claim is not all that is needed; the following documents (originals and copies) are submitted along with it:

copies of the claim in an amount depending on the number of participants in the process;
plaintiff's passport;
child's birth certificate;
divorce certificate (if the parents were married);
copies of the court decision/order/alimony agreement confirming the obligation to pay alimony;
evidence of malicious evasion and other evidence confirming the fact of the parent’s non-participation in the child’s life, which we will discuss below.

Please note that such claims, since they are aimed at protecting the rights of minors, according to paragraphs. 15 clause 1, do not require payment of state duty.

Proof

The burden of proof, as is known, is placed on the applicant, and therefore it is he who will have to confirm the circumstances indicated by him in the claim. Evidence must be documentary. Considering the fact that we are talking about the removal of a parent based on the facts of his malicious evasion of alimony obligations, these facts must be proven first. Such evidence, taking into account paragraph 16 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 44 of November 14, 2017, can serve as:

certificate of the amount of debt issued by the FSSP department;
explanatory notes from the debtor taken by the bailiff, certificates from the place of work indicating real earnings or documents confirming the fact of concealment of the place of employment;
statements of accounts, documents on the availability of property and other documents of enforcement proceedings confirming evasion of alimony, despite solvency;
the bailiff's order to search for the debtor, the bailiff's act on the non-residence of the alimony worker at the address known to the FSSP;
a court ruling or sentence to bring the alimony provider to administrative or criminal liability, respectively;
any other written evidence (including electronic correspondence), photographic and video evidence, testimony that directly or indirectly confirms the debtor’s refusal to pay child support.

This list is not exhaustive and can be expanded if the evidence provided is accepted by the court.

Court hearing

If the claim and the documents submitted with it are in order and accepted by the court, a date for the preliminary hearing is set. Based on its results, in turn, a date for consideration of the case is set. On the appointed date, not only the plaintiff and defendant are summoned, but also representatives of the prosecutor's office and the guardianship council. To achieve the most positive result, it is recommended to enlist their support, and, if possible, also obtain a conclusion from the guardianship authority.

Summoning the child himself to the meeting is not mandatory, since it is not expressly established by law. However, since the decision on the removal of a parent directly affects the interests of the minor, according to , he has the right to express his own opinion on this matter. And if the child is over 10 years old, the law makes it mandatory to take into account his opinion. In any case, the practice of involving children in court proceedings is controversial and depends entirely on the court's position on this matter.

The participation of the plaintiff in court appears to be mandatory. He is recommended to personally testify, confirm the circumstances described in the claim, support the stated demands, and personally give explanations on the essence of the questions asked by the judge and the prosecutor. The consideration of the case may take place in several meetings, depending on the specifics of the situation, the need to call witnesses, and conduct examinations. But regardless of their number, according to, the period for consideration of the case from the moment the claim is filed should not exceed two months. Another question is that in Russia in 2021, in practice, these deadlines are not observed.

If a decision is made that satisfies the plaintiff’s demands, information about this is sent to the registry office, after which it is entered into the birth certificate of the child.

Consequences of deprivation of parental rights?

Now we need to figure out what such a decision as depriving the right to raise a child entails, as well as what it will give the mother in return.

For father

Many fathers believe that if the court deprives him of the right to raise his child, as well as to take any part in his life, then he is no longer obliged to pay them financial assistance in the form of alimony. However, according to the Family Code, depriving a father of parental rights does not relieve him of this responsibility, no matter how strange it may sound (Article 71 of the RF IC). In addition, the following consequences await him:

the father in the future, when the child grows up, will not be able to demand alimony from him for his maintenance when he is disabled or low-income in retirement;
he cannot participate in the division of property by right of inheritance in the event of the death of a child. But this right is not removed from children;
a parent deprived of rights will not be able to direct the child to perform various types of actions: both legal and civil;
The father will be relieved of the responsibility to raise the child, or rather, he no longer has the right to do so.

For mother

A mother who previously did not receive child support on time or at all from the father may not feel much difference in the material support of the child. However, he receives a number of other advantages, because of which he most often files an application to the court for deprivation of paternal rights. This includes:

the ability to travel abroad without written permission from the father;
the child can be raised by another father, for example, if the mother remarried;
if necessary, change your last name to your own;
prohibit the father from seeing the child if he has a negative influence on him or is dangerous to society.

As you can see, there are plenty of reasons. However, you must understand that if the father does not refuse to pay child support, but he simply has temporary difficulties with work or health, then this is not grounds for deprivation of parental rights, especially if he takes part in the upbringing of the child, his development and is a good example for him. As practice shows, at a court hearing in the presence of both parties, the court rejects this request of the mother.

Consequences of deprivation

If the judge supports the plaintiff’s demands and makes a positive decision, then, according to Art. 71 of the RF IC, from the moment it comes into force, the parent is deprived of all the rights that arose due to his relationship with the child. We are talking, among other things, about the right to receive maintenance in case of disability, about inheritance and housing rights, about the right to receive social assistance for families with children, the right to a share in maternity capital, and so on.

Moreover, if the family, until the decision was made, lived in a residential building under a social tenancy agreement, the court, guided by paragraph 2, has the right to evict the deprived parent. If, on the contrary, the child lived in a residential building belonging to the deprived father or mother, then the minor retains his right to residence. In addition, children retain other property rights in relation to the parent removed from education, for example, the same right to maintenance.

Does the deprived parent pay child support?

The alimony issue is a central topic for draft dodgers. If a parent is deprived of parental rights, it is logical to wonder whether he is then obligated to continue paying child support. For many, the issue of paying child support is not a consequence, but a goal for which they themselves are ready to give up their relationship with their own child. However, they should be upset: the loss of parental rights does not mean the loss of all parental responsibilities; some property obligations still continue to apply even after removal from parenting. So, according to paragraph 2 of Art. 71 of the Family Code, alimony remains even after deprivation of parental rights.

In fact, they do not even cease to operate - the debt that arose earlier continues to grow, enforcement proceedings are not suspended and are carried out as before the trial. In fact, the decision to remove a parent as such has no procedural significance for the collection of alimony at all.

Do I need to pay

Therefore, the answer to the question of whether a deprived parent pays money for a child will depend on whether he is obliged to do so. Simply put, whether at the time of the PLR there was a corresponding alimony agreement or writ of execution.

If the basis for deprivation of parental rights was alimony debt, it is important to understand that it does not expire or be annulled, but, on the contrary, continues to grow and accumulate.

Thus, if the father is deprived of parental rights, he must not only continue (or at least begin) paying child support, but also pay off the previously incurred debt.
The alimony burden operates in the same mode as before. Another question is if PLR is appointed for a reason not related to alimony. The only advantage of this situation is that you will not have to repay the debt, since it could not have arisen. Obligations for alimony will still appear. In any case, guided by paragraph 3 of Art. 70 of the RF IC, the court will have to consider this issue. It is he who will have to decide whether child support needs to be paid if the deprivation of parental rights was not related to child support debt.

Child support after denial of paternity

Another common belief is that some kind of “renunciation of paternity” can free you from child support obligations. They say that if you write a voluntary statement or confirm your refusal in court, you will not have to pay alimony. In fact, Russian legislation does not even know such a thing as renunciation of paternity, and therefore the question of whether it is necessary to pay when abandoning a child disappears in itself. Let's get to the bottom of the misconception.

No matter how much a parent has a desire, he cannot abandon his child. He is given the right to challenge paternity, to give permission for the adoption of his own child by another person, but certainly not to refuse him. Such a refusal is mistakenly understood as the parent’s consent to the PRP in relation to himself.

However, such a refusal of children in itself has no legal force and can be taken into account by the court only in the context of considering a case on deprivation of parental rights. And even then not always, because judges often proceed from the interests of the child and remind that parental rights are both an obligation and the highest parental burden, and therefore it is impossible to simply abandon them. But even if the “denial of paternity” is taken into account and satisfied, this still does not exempt from paying child support.

However, such a refusal may have other forms, which still cancel the alimony obligation.

How to stop paying child support

Practice distinguishes between two possible scenarios in which a father who does not want to raise a child can be freed from alimony. We are talking about:

challenging paternity: if the man recorded as the father in the child’s birth certificate does not consider himself to be such, then, according to , he has the right to challenge such an entry (except for cases where he has previously consciously recognized paternity in relation to a step-child). If his paternal status is canceled by a court decision, all legal relations with the offspring, including maintenance obligations, are canceled.
adoption of a child: in general cases, the consent of the parent is required for adoption, but it states that if the parent is deprived of parental rights, then it will not be required. Clause 6 of Art. 71 of the RF IC allows you to adopt a child within six months after a parent is deprived of his rights. But if this happens, the child support obligation may still disappear - according to, after adoption the child loses property rights in relation to the natural parent.

These rules also apply if the mother is deprived of parental rights: whether she pays child support is up to the court to decide. If her child is adopted or maternity is contested, she may refuse to pay child support. Find out more about in what cases it is possible to legally not pay child support.

Grounds for deprivation of parental rights

According to family law, the grounds for deprivation are:

Actions of a parent from fulfilling his parental responsibilities
Malicious evasion of alimony payments
Refusal of a parent to pick up their child from a maternity hospital, kindergarten, school, clinic, hospital, i.e. from any medical, educational, social organization.
They abuse their rights as parents, for example, they do not allow the child to go to school, force him to beg, vagrancy, take alcohol, drugs, etc.
Child abuse. This includes not only physical violence, but also mental and sexual violence.
Parents with chronic alcoholism and drug addiction.
Committing a crime against life or health against your child, spouse, or other family member.

The most common basis for deprivation of parental rights is malicious evasion of child support.

Important!

There is no definition of “maliciousness” in the current legislation; when making a decision, the courts examine all the facts, consider the situation in the totality of the actions of the defendant and the objective situation.

Multiple trials led to the formation of judicial practice and the Supreme Court of the Russian Federation explained:

When resolving the question of whether there is a malicious evasion of a parent from paying alimony, it is necessary, in particular, to take into account the duration and reasons for the parent’s failure to pay child support. The malicious nature of evasion from paying alimony may be evidenced, for example, by the presence of arrears in alimony resulting from the fault of the alimony payer, paid by him on the basis of a notarized agreement on the payment of alimony or a court order to collect alimony; concealment by him of the actual amount of earnings and (or) other income from which alimony should be withheld; searching for a parent obligated to pay child support due to his concealment of his location; bringing a parent to administrative or criminal liability for failure to pay funds for the maintenance of a minor.

Thus, it is possible to determine which guilty actions of a parent can be qualified as malicious evasion, these are:

change of place of residence without notifying bailiffs or the second parent; intentional registration in an apartment where the parent does not live; concealing information about moving to another region; employment “without registration” and concealment of wages; concealment of income, including income from business activities; concealment of information about current accounts in foreign banks where income is received; prosecution for evasion of alimony payments.

For example, by the appeal ruling of the Moscow City Court in case No. 33-10592, a mother who moved to the United States and lived there on benefits and did not pay child support was deprived of parental rights. At this time, her daughter lived with her grandmother, who fully supported the girl.

At the same time, the courts note that deprivation of parental rights is an exceptional measure and can sometimes give time for correction.

For example, the Resolution of the Sverdlovsk Regional Court dated December 20, 2007 in case No. 33-9222/2007 refused to deprive parental rights, warned the defendant about the need to change his attitude towards raising children and imposed on the guardianship and trusteeship authorities the obligation to monitor the defendant’s performance of his parental responsibilities .

Thus, if a spouse does not pay alimony, runs away from bailiffs, or specifically does not disclose his place of work, then one can safely declare malicious evasion.

How to pay child support if parental rights have been deprived

However, options for evasion are not suitable for everyone - most parents, even after removal from education, are required to pay. Payment of alimony can be carried out in traditional variations: voluntarily or compulsorily. Let us briefly describe these models.

According to the alimony agreement

Even if previously alimony payments were collected by court decision and a large debt was incurred, nothing prevents the child’s parents, one of whom has been deprived of parental rights, from concluding a child support agreement (). They can stipulate not only the payment procedure for the future, but also determine the mechanism for repaying previously incurred debt.

According to , the agreement must be approved by a notary, only then will it gain the force of an executive document. In this case, despite the voluntary nature of the agreement, it is possible to demand its execution by force. Find out more about how child support is paid under an alimony agreement.

By the tribunal's decision

If it is not possible to reach a common denominator, the alimony issue is resolved in court. Additionally, it needs to be resolved only when alimony was not previously collected. If the deprivation of parental rights is due to alimony debt, then the court decision already exists and enforcement proceedings on it have been opened. All that remains in this case is to continue to work closely with the bailiffs and look for new ways to influence the debtor and methods of forced collection. Find out more about collecting alimony.

Conditions for depriving a father of parental rights

In Art. 69 of the Family Code of the Russian Federation provides a closed list of grounds for deprivation of rights to children. Among others, it also includes failure to fulfill the obligation to pay alimony, but for this the following conditions must be met:

late payments last for six months or more;
it has no good reason.

Valid reasons include the following.

In order to pay alimony, expensive real estate was transferred and sold or rented out.
The father can prove that the funds previously transferred by him for the maintenance of the minor were used by the opposing party for other purposes. To do this, he needs to resort to the help of guardianship, which will conduct a check.
It has been established that the child lives with his father and is fully supported by him.
Difficult financial situation.
Illness, disability.

Factors that increase parental guilt include:

Systematic non-payment of alimony.
Duration of violation in fulfilling obligations.
Large amount of debt.
Intentional change of place of residence and work.
Concealing information about sources of income and their actual amount.
Ignoring the demands of bailiffs.
Avoidance of meetings with mother.
Being wanted.

All of these circumstances must be proven in court. According to Art. 70 of the RF IC, cases of deprivation of parental rights are considered by district or city courts. Since we are talking about the interests of minor children, the procedure is strictly regulated. As stated in Art. 78 of the RF IC, when considering such cases, representatives of the guardianship and trusteeship department are always involved.

Judicial practice in cases of deprivation of parental rights

Judicial practice, despite all the obviousness of this category of cases, is not always clear-cut. It is clear that most often parental rights are deprived precisely because of failure to fulfill parental responsibilities, including due to malicious failure to pay child support. And most often, if it is in the interests of minors, such claims are satisfied.

However, the opposite approach is often found, again due to the interests of children. In judicial practice, there are cases when courts refuse to deprive parental rights, justifying this by the behavior of the evading parent himself. They often perceive such deprivation not as a measure of responsibility, but as a kind of liberation from parental burden. Satisfying such claims would contradict the very essence of deprivation of parental rights as a form of punishment.

Considering the extreme nature of this measure of liability, the courts are especially careful in examining the valid reasons for the formation of alimony debt. The most effective reasons for debtors are considered to be long-term illness and loss of ability to work - if there is documentary evidence, parental rights are retained. Other excuses, such as serving a prison sentence, problems with work or a difficult family situation, usually do not work, which leads to the satisfaction of claims.

Is it possible to deprive paternity for non-payment of child support?

In the event of divorce between the parents or if the man lives separately, the obligation to financially support the minor remains. Divorce does not affect parental responsibilities.

In 2021, among those obliged to pay alimony, no more than 50% fulfill the obligation properly. Other citizens take various evasive measures. Moreover, even a significant number of measures applied to defaulters do not give a stable result.

One of the ways to punish persistent defaulters is to deprive them of paternity in court. The result of the procedure is the complete loss of parental rights, including the right to communicate with the child.