How to avoid alimony in a legal way in 2021 - all the ways

How to avoid paying child support? This article is not about how to evade alimony obligations. And real cases will be considered when the amount and order of alimony can be changed, and the collection of alimony arrears is suspended.

It is important to understand that the process of freeing yourself from child support can be lengthy. Our family alimony lawyers will give you the right recommendations and solutions to the current situation.

Cancellation of child support after challenging paternity

Is it possible to completely and legally not pay child support? Of course - after challenging paternity (as well as motherhood). However, this right is granted to a citizen only within the framework of judicial proceedings.

Important : the statute of limitations, calculated as a general rule of three years, does not apply in this case.

The exceptions are:

1. A case when a child is conceived not naturally, but through medical intervention - artificial insemination, surrogacy, and the parents gave their written consent to medical manipulation.
2. Recognition of paternity, if the citizen was reliably aware that he is not the biological father of the child.

So, if during the trial the fact of lack of relationship was established, the next step will be to contact the registry office - it is necessary to cancel the record of paternity (after the court decision has entered into legal force).

A judicial act satisfying the plaintiff’s demands to challenge paternity and cancel the payment of alimony will be a document that is presented to the bailiffs or the employer - after which the collection will be canceled.

Important : it is impossible to return previously paid alimony amounts, except in cases where they were assigned on the basis of knowingly false documents/information.

Evasion of alimony for ex-wife

After a divorce, the wife has the right to financial support:

• Became disabled during marriage or within a year after its dissolution.
• Pregnant and three more years after the birth of the common baby.
• Caring for a common disabled child until he reaches 18 years of age, but if it is proven that she is in need.
• Became a pensioner no later than 5 years after the divorce (only with a long marriage).

In some cases, after a divorce, not only the child, but also the wife is entitled to financial support

In this case, it will be possible to legally avoid alimony during a divorce, for example, if the spouse’s financial situation sharply improves or if she voluntarily renounces it.

Otherwise, there will be liability for evading payment.

Transfer of property for alimony

According to the norms of the current legislation, in particular Article 104 of the RF IC, payment of alimony is possible not only in monetary terms, but in other ways agreed upon by the parties - with property. In practice, this is not so easy to implement, and not all notaries are ready to approve such an agreement.

So, if a debt on alimony obligations is collected, then it can be repaid after the sale of the debtor’s property (if this amount is greater, then it must be returned to the debtor), but if these are current payments, then payment occurs in monetary terms, on the basis of a judicial act, executive leaf.

How can property be offset against alimony payments?

This is possible on the basis of an appropriate notarial agreement concluded between the parents, but whether the notary will certify such an agreement - most likely not, since in this case the rights of the child will be violated. A car, land, apartment and other property will not be able to feed a child or provide him with other necessities.

If such an agreement (even a notarized one) is appealed in court, it may be declared invalid, as well as if, after transferring property to pay alimony, the child’s mother applies to the court with a claim to collect it, such an application will be granted.

Please note that not all property can be foreclosed on, namely:

• If this is a residential premises that is the only one for the debtor;
• A plot of land on which residential premises are located, which is the only one for the debtor;
• Transport that is used to move a disabled debtor or his disabled family members;
• Personal belongings, household utensils;
• Things that are used in work activities;
• Cattle, poultry, etc.;
• Personal items in the form of awards, prizes, orders, badges of honor;
• Coal, oil, gas, solid, gaseous, liquid fuels necessary for work;
• Food products (food), as well as seeds.

What is the liability for non-payment of alimony?

Currently, the state has provided three types of liability in its laws for non-payers of alimony.

Civil responsibility.

Applied in the form of a penalty in the amount of one tenth of one percent of the amount of unpaid funds for each day of delay.

Administrative responsibility.

Provided for in Article 5.35.1 of the Code of Administrative Offences. A prerequisite for the occurrence of this type of liability: lack of financial support for the child for two or more months from the date of initiation of enforcement proceedings, if such actions do not contain signs of a crime.

The sanction provides for compulsory work for a period of up to one hundred and fifty hours, administrative arrest for a period of ten to fifteen days, or the imposition of an administrative fine in the amount of twenty thousand rubles.

Determine the place of residence of the child with the alimony payer

If, after considering and satisfying the plaintiff’s application for alimony, the child’s place of residence changes, that is, he begins to live with the alimony payer, the obligation established by the court to pay alimony is lost.

However, this issue should again be resolved in court, that is, file a corresponding statement of claim and, if satisfied, send the judicial act to the bailiff service or the employer. In the future, the plaintiff should apply to the court with an application to collect alimony from the parent who does not take part in its maintenance, that is, violates the provisions of Article 80 of the RF IC.

Important : it is impossible to return previously paid alimony amounts, except in cases where they were assigned on the basis of knowingly false documents/information.

The procedure for exemption from alimony payments through the court

When the situation with the cancellation of alimony requires court intervention, it is necessary:

1. File a claim with the judicial authority that made the decision to award payments. The application must be accompanied by a list of documents necessary for consideration of the case: (a photocopy of the applicant’s passport (the passport itself is presented when submitting the application; a copy of the passport or birth certificate of the person receiving alimony; a copy of the marriage certificate or divorce certificate; an extract from the housing department on the number of people registered together with the plaintiff persons indicating their details; copies of all documents confirming the reasons for going to court and giving grounds for the cancellation of alimony; documents on the basis of which alimony was paid: a writ of execution, a court order or an Agreement on their voluntary payment.) The entire package of documents must be attached to the application, in which they are listed in the form of a list.
2. The issue of canceling alimony is also considered in court, as when assigning it. Both parties are invited there; if the recipient of alimony is absent, the hearing of the case may be postponed or carried out without him.
3. Based on the decision made, a writ of execution is created, which is transferred to the bailiffs who monitor the implementation of the initial decision on the assignment of payments.
4. A new court decision to cancel alimony terminates the previous decision on its appointment, therefore the bailiffs are obliged to terminate the execution of proceedings for the collection of payments.

How to file an application to court to cancel alimony?

It is necessary to file a claim with the court in compliance with the requirements set out in the Code of Civil Procedure. The document is drawn up in writing. It should contain:

• the name of the judicial authority where the plaintiff applied;
• applicant details: full name, registration address;
• details of the other party: Full name and registration address;
• the text of the main part of the application, including information about the reasons why the plaintiff expects to have the payments cancelled. For example, the adoption of a child by another person, the established fact of a lack of blood relationship with the child, complete disability of the payer due to illness and other reasons;
• indicating a link to articles of the law that provide for the abolition of alimony for the reasons specified in the application, for example, Articles 119 and 120 of the RF IC, as well as Article 131 of the Code of Civil Procedure of the Russian Federation;
• at the end of the application you need to indicate the cost of the claim, list all the documents attached to it, sign and date it.

Statement of claim for cancellation of a court order for the collection of alimony (sample) Statement of claim for exemption from further payment of alimony (sample)

The value of the claim represents the amount of alimony payments for the year. It is needed in order to determine what the state duty will be, provided for by law during the procedure for canceling alimony.

For example, if annual payments amount to less than 20 thousand rubles, then a fee will be charged at 4%. For an annual amount of more than 20 thousand rubles, but not exceeding 100 thousand rubles, the duty will be 800 rubles + 3% of the cost of the claim. When it falls within the range from 100,001 to 200 thousand rubles, an amount of 3,200 rubles + 2% will be charged. Those. The collection of duties is carried out in a progressive manner.

What happens if you don’t pay child support without legal grounds?

The current norms of Russian legislation provide for several types of liability for “defaulters”, in particular:

1. Civil;
2. Administrative;
3. Criminal.

Civil liability refers to penalties and fines that can be recovered from the guilty party.

Administrative liability arises not only in case of non-payment of alimony, but also if the debtor has changed his place of residence, place of work, he has been assigned pension payments, and he has not informed the SSP employees about this, does not comply with the legal requirements of the SSP employees, and also provides knowingly false information to regarding your income and assets.

When brought to administrative liability, the following may be imposed on the defendant:

• Penalties – in the amount of 1-2.5 thousand rubles;
• Seizure of property and its subsequent sale;
• Seizure of bank accounts;
• Prohibition of traveling abroad of the Russian Federation.

If the debtor obstructs and/or deliberately evades the demands of the SSP employees, he may also be subject to a fine, arrest, and may also be subject to compulsory labor.

As follows from Article 157 of the Criminal Code of the Russian Federation, criminal liability arises if the debtor repeatedly evades payment of alimony and there are no valid reasons for this. In this case, the following measures may be applied to him:

• Involvement in correctional and forced labor for up to 12 months;
• Arrest (no more than 3 months);
• Imprisonment (for a period of no more than 12 months).

What is the basis for reducing alimony in 2021?

According to the current legislation, namely Article No. 119 of the Family Code of the Russian Federation, the amount of monthly maintenance can be changed by a court decision if, as a result of its meetings, it turns out that the marital, financial or any other situation of one of the parties has undergone significant changes since the moment of divorce .

At the same time, other interests of the child, wife or husband may serve as the basis for making a decision.

The RF IC does not establish an exact list of such reasons that allow reducing the amount of alimony. However, from judicial and legal practice we can identify the following most valid and widespread grounds that allow influencing changes in the amount of salary:

• Disability or any other serious illness of the payer. In these conditions, the citizen himself needs financial resources to purchase medicines and therapy.
• Inheritance or receipt by a child as a gift of values ​​that can generate a constant flow of funds (for example, deposits in banking organizations, securities, etc.). In this case, the court will most likely review the amount of alimony.
• Emancipation of a minor. That is, if a child who has reached the age of sixteen: opens his own business, gets married, or has the financial ability to support himself without parental help.
• Whether the parent has other child support obligations. For example, if he began to pay not for one, but for two children, the amount of regular payments should not exceed a third of his actual income.
• Transfer of children to state support - to a specialized hospital or orphanage. The amount of child support will be reduced, because now children or a child must be supported only during the holidays.
• A sharp increase in the income of the person paying alimony. For example, if the court finds that his salary has increased, the court will reduce the alimony rate, because, according to the legislation existing in 2021, a parent is obliged to support only the child, but not all household members.
• Replenishment of a new child support family. The legislation of the Russian Federation provides for the possibility of reducing alimony at the birth of a child or children from second and subsequent marriages. However, such a parent will need to prove in court that considerable financial investments are needed to support the child (usually there are no problems with this).

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As already mentioned, the law does not limit the grounds to the listed list and the decision made by the court may depend on the documentary substantiation of the parties’ own position, as well as their position in this case.

We also recommend that you be sure to read our new article on spouses’ consent to sell an apartment!

Reducing alimony as an option to reduce payments

Some people are interested in how to officially avoid paying child support. This can also be implemented, but there are much fewer cases for this. A parent has the right not to make payments if it is proven that he is not the genetically related father, if the other parent who had the child is deprived of the rights to raise him, if the money is spent incorrectly and in other cases determined by law. Often only court cases regarding child support can solve the problem and change the burden of payments.

In most cases, the parent is looking for ways to avoid paying child support at all. There are three main reasons:

• change of circumstances;
• change in income;
• the birth of another natural baby.

Circumstances must get worse. For example, there has been a loss or reduction in the capacity of the person who must make the payment. This is expressed in the assignment of disability for the first two non-working groups. This means that the parent’s income changes and he needs help or care. The amount of payments may be reduced if the recipient is recognized as having legal capacity, for example, the child has reached 18 years of age and is able to earn money on his own. The situation is also considered if a teenager begins to engage in entrepreneurial activity. In the issue of child support for a parent, the grounds are similar to the given cases regarding payments in favor of a child.

There is an opinion that in relation to how not to pay child support, a situation can be considered when a second and third baby is born. In this situation, we are talking only about reducing the size of payments. For example, when there are several court orders to accrue payments upon the birth of another child, due to which the parent’s income has decreased. Whenever income decreases, we can talk about reducing the amount of alimony.

In the question of how not to pay child support to your ex, it is important to realize that we are talking about a joint child who needs care and attention. Reducing payments is another matter, because sometimes the father is not able to pay the assigned amount.

Is it possible to get rid of payments?

You can relieve yourself of your alimony obligations completely or partially. In the first case, there is a limited number of ways, namely:

• Children reach adulthood and do not enroll in universities;
• Examination data have been received which indicate that the payer is not the natural father (or mother) of the child;
• The heir, who has not reached 18 years of age, began to engage in entrepreneurial activity or got married.

Finally, another good reason for terminating alimony payments is the death of one of the parties. For example, if the father of children dies, his obligations for their material maintenance do not pass to the heirs. This is how they differ from contractual and credit agreements. Obligations to creditors are inherited along with the property and distributed among the recipients in accordance with the shares received.

You may find the following information interesting: criminal liability for non-payment of alimony.

In other cases, getting rid of paying child support is unrealistic - the answer to the question of how to get away from alimony is negative. Firstly, you will have to go to court, and representatives of Themis traditionally guard the interests of single mothers and children. Secondly, the Legislator has not provided for such a rule on the basis of which this can be done.