How to revoke and cancel child support: judicial practice, statement of claim for the cancellation of child support (sample) 2021, application to terminate the collection of alimony (sample), decision to release

When can they be released from paying child support?

Reluctance to give money cannot be a reason for deprivation of obligations. Cancellation of forced collection is possible only in a number of cases provided for by law, among which are the following:

the payer is not the biological father of the child, and there is evidence of this;
there are no grounds for accrual of funds (the presence of another adoptive parent or information about the paternity of a third party);
maintenance is no longer required (the child has found a job or has become able to work);
the daughter or son has changed their place of residence and officially lives with the person obligated for alimony.

These points can be provided as a basis for an appropriate conclusion by the judiciary. In other cases, payments cannot be withdrawn until the child turns 18 years old. Challenging paternity, as well as adoption or its revocation, is necessary only in the courtroom in the presence of its representatives, as well as parents and children. After adoption, funds will have to be paid until the child has another guardian.

When considering cases, not only the words of the plaintiff are necessary, but also evidence, documentary evidence and testimony. It is the lack of confirmed information that often becomes the basis for refusal to satisfy claims.

Petition to the Government to cancel alimony

According to statistics, the majority of Russians obligated to pay alimony are men, many of whom do not like not only the fact that they must provide for their children even after a divorce, but also the sanctions for unauthorized refusal of these payments. In this regard, residents of the Men's Movement created a corresponding petition with a request to abolish alimony and the idea of their own replacement bill.

The initiative has drawn criticism because its provisions conflict with children's rights to receive money from their parents before they reach adulthood . There were also supporters of the proposal and they believe that the practice of alimony itself has an extremely bad effect on family life and the psychological state of Russians, since conflicts, quarrels and even cases of blackmail often flare up on this basis. They consider the government agencies responsible for charges to be unprofitable, and the methods of obtaining penalties as ineffective.

The practice of alimony has a negative impact on Russian families. The creators of the petition believe that mandatory child payments after spouses officially separate lead to misunderstandings, quarrels and even blackmail. Eliminating the procedure, on the contrary, will save money in the state treasury. However, they did not take into account the fact that in 2021 alone, bailiffs withheld more than 15 billion rubles from negligent payers for the state budget. In addition, according to the director of the Federal Bailiff Service, Dmitry Arestov, the number of actual proceedings for delayed alimony payments has decreased compared to 2021.

Also, the authors and fans of the petition insist that the measures applied to payers have a negative impact on their fate, interfering with further employment, travel abroad and life in general. Many are frightened by the prospect of being deprived of parental rights and criminal liability. In addition, they consider it not very objective that in most cases the court is inclined to side with the claimant, ignoring the complaints and problems of the debtor.

Another argument was that many refuse to formalize family relationships even after having children, because they are afraid and do not want to litigate with alimony. Whose side is right is something everyone should decide for themselves, but so far there has been no decision on the petition.

Alimony for spouses

According to family production, it is possible to support not only for children. The legislation provides for the recovery of payments to support a husband or wife in a number of cases, for example, if:

the applicant spouse cannot work and needs maintenance;
the wife is pregnant or the child (children) is under 3 years old;
the ex-husband or wife is caring for a child with a disability.

In the latter case, payments are made until the age of 18, and if the child has the first group of disabilities - for life. In such cases, alimony can also be cancelled. For example, if a spouse regained health and ability to work, a pregnant woman or mother of a child married someone else, and a child recognized as disabled was able to recover for a full life. After a child gains the ability to work, his father or mother has the opportunity to earn money independently and cannot apply for financial assistance.

Reasons for reducing payments

The main legal acts that were created to regulate alimony relations and assign exact amounts of payments are:

RF IC, Law No. 223-FZ. It is this law in Russia that is fundamental for regulating alimony obligations. It is also worth noting Articles 81, 83 and 103.
Federal Law “On Enforcement Proceedings”. This law, namely Article 99, sets a limit on the amount of deduction of the amount of debt from the income of the payer.

Grounds leading to a reduction in alimony:

Officially registered disability of the person paying alimony. To do this, the debtor must have a disability of the 1st or 2nd group. The debtor must need constant outside care, and, accordingly, make additional expenses for his own maintenance.
When a child reaches the age of 16, he is engaged in labor or entrepreneurial activity, provided that the income he receives can support him.
It is also worth taking into account whether such a child has property, which can also generate additional income. Such property may include residential space for rent, shares, etc.
Remember that debt reduction on this basis can only be carried out in the presence of other accompanying circumstances, for example, the difficult financial situation of the debtor. That is, if the alimony provider cannot ensure the payment of the debt, and the child can provide for himself independently during the same period of time, then the amount of the debt can be reduced.
The alimony provider has other dependent persons or to whom he also pays alimony. Such persons may include incapacitated parents, other children who have not yet reached the age of majority, who do not receive the amount owed in full.

The birth of a second child also falls into this category. In other words, when your second child is born, you can always achieve a reduction in the amount of debt.
Maintenance of children who were born to different mothers. In these situations, the child has every right to receive a quarter of the parent’s earnings, that is, if the debtor has two children from two different mothers, then half of the salary should be divided equally between the children. By the way, in the RF IC the amount for the maintenance of two children is prescribed in the amount of 33% of the parent’s earnings.
5A sharp and serious decrease in the debtor’s earnings.

Judicial practice also implies the presence of unacceptable grounds, which will not be enough to reduce the amount of alimony, these include the following:

The debtor's income is too high.
The child receives a pension.
Use of property that does not generate profit.

Withdrawal of alimony: procedure

Cancellation of payments is possible in several cases, for example, if the family or financial situation of one of the spouses has changed. That is, if the ex-wife remarried and has an income, and her ex-husband is in a difficult financial situation or needs expensive treatment, he may be exempt from payments. They can also be canceled if an attempt on health or life was made against the father or mother by a capable child, as well as bodily harm was inflicted. The immoral image of an adult son or daughter obligated to support, associated with alcoholism or drug use, is also a reason for stopping funding.

By the way, the early acquisition of full legal capacity by a minor and the start of work can also be considered as a factor for deprivation of alimony.

Each case regarding child support must be considered separately, and the cancellation of payments must be at the initiative of the paying party. Only the court can make decisions in such cases, therefore, for a positive result of the process, the plaintiff needs to collect an extensive evidence base and arm himself with arguments. Many people already turn to lawyers for help at the stage of writing an application, since with the help of a professional it is much easier to understand the intricacies of all procedures.

The most common reason for termination of alimony is when a son or daughter reaches 18 years of age. In this case, there is no need to wait for a court decision, and unaccountable termination of payments is regulated in accordance with the second paragraph of Article 120 of the Family Code of the Russian Federation. The basis for this is the fact that the child has already become capable and can provide for himself without needing financial support. Payments can be canceled early even when the child reaches their sixteenth birthday. The basis for this may be marriage or starting a business with the permission of the parents.

Court decisions

Claim for communication with a child

How to reduce alimony and divide property during a divorce

When dividing property, the court left the wife an apartment purchased during marriage

Divorce and all the ensuing consequences: what difficulties may arise during the divorce process?

How to return an illegally sold apartment

Divorce proceedings: How to bring ex-spouses to a settlement agreement

How to properly prepare a claim?

When drawing up an application, many people have difficulties even during the formulation. Collecting documents becomes no less difficult. Therefore, it is important to know as much information as possible to successfully resolve the case. The claim must be filed in accordance with the current rules of jurisdiction. According to the provisions of the Code of Civil Procedure, representatives of federal courts or magistrate judges can render verdicts in matters of alimony cancellation. Most often, petitions are transferred to the organization at the defendant’s place of residence. It is possible to consider the case at the place of registration of the plaintiff if he is raising children, has health problems, or is caring for a sick relative.

When writing your application, you must be logical, precise and consistent. The more competently this paper is drawn up, the greater the chances of a favorable outcome of the process. According to Article 131 of the Code of Civil Procedure of the Russian Federation, the following data should be indicated:

exact address and name of the court;
information about the parties to the case with name, surname, patronymic, contact details and addresses;
if the plaintiff has a representative, then his data must also be provided;
the cost of the claim, if it is subject to assessment;
description of the rights violated and a list of demands;
grounds supporting the applicant's claims.

In addition to an accurate and comprehensive description of all the nuances and requests, it must be pointed out that this requirement is not the result of an unwillingness to care for the child, but a consequence of circumstances that have arisen that have become the reason for refusing his financial support.

It is also better to state the reasons that prompted the filing of the statement, for example, the plaintiff being beaten by his own adult child. If the price of the claim is indicated, then it is necessary to provide calculations with the help of which the specified amount was identified. In general, the more information the applicant has, the easier it will be for judges when reviewing the case.

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