During the divorce process, some men are concerned about the question: if they abandon the child, do they have to pay alimony or can they forget about it? There is an opinion that, having lost all rights to your own child, you can renounce your responsibilities to him. To what extent this opinion is true and what the procedure for abandoning a minor child is, we will consider further.
Is it possible to voluntarily give up a child?
Family law does not provide for the possibility of abandoning a child by drawing up an application.
If a father abandons a child, should he pay child support?
The child's father can abandon his son (daughter) only through the court. A court decision on deprivation of paternal rights does not relieve a man from the obligation to financially help his minor child.
Normative base
The procedure for depriving parents of rights in relation to children is regulated by Art. 69.70, RF IC. The procedure for filing a statement of claim and the requirements for it are shown in paragraphs. 4 paragraphs 1 art. 23 and, art. 131 Code of Civil Procedure of the Russian Federation.
Consequences
After a court decision is made to deprive a man of parental rights, the following consequences occur:
- Loss of rights that were based on kinship.
- There is no possibility of receiving government assistance.
- Termination of the right to claim benefits for persons who have children.
This procedure is reflected in the child’s life as follows:
- The right to be an heir is retained.
- It remains possible to continue to use the house or apartment.
- The property right to the premises is not lost.
Another man can become an adoptive parent only six months after the court decision is made.
Where is the refusal issued?
How to properly refuse to receive alimony depends on the following factors:
- whether payments were made previously;
- on what basis the funds were transferred;
- whether the procedure for collecting funds has been initiated (and if so, at what stage it is at).
And depending on the stage of consideration of the case for the collection of alimony payments, I identify groups of officials authorized to make decisions on the possibility of waiving deductions. These include:
- Magistrate's Court. If the legal guardian has previously filed a claim for forced deduction of funds, but a court decision on the claim has not yet been made.
- Bailiff. The participation of the FSSP is necessary when a copy of a court decision or a voluntary agreement on the transfer of funds to children has been sent to the bailiff service, but the second parent evades its obligations. Within the framework of their entrusted powers, bailiffs can take measures to forcibly collect financial support.
- Notary. The participation of a lawyer is advisable if a settlement agreement has been drawn up between the former spouses. Refusal of alimony by the recipient of such alimony is grounds for termination of the agreement.
Denial of paternity
Legislative norms do not provide for such a procedure as renunciation of paternity. To do this, you need to prepare a statement of claim demanding to deprive the man of parental rights. The following grounds are highlighted:
- Failure to fulfill one's direct duties.
- Evasion of payment of alimony.
- Excessive alcohol consumption, drug addiction.
- Refusal to pick up a newborn from the hospital after his birth.
- Treating people in society and family members with particular cruelty.
- Committing an illegal act in relation to a wife, child or other family member.
During the court hearing, the issue of further residence of the children is resolved.
Adopted child
Such cases are considered by the district court.
The plaintiff must file a statement of claim. During court proceedings, representatives of the guardianship and trusteeship authority act as participants. A prosecutor may also be involved. The claim is filed at the place of registration or permanent residence of the minor. At the meeting, the issue of maintaining the changes that occurred after the adoption is resolved. Such issues are decided taking into account the opinion of the child if he has reached ten years of age. Issues of restoring information about parents are resolved.
The mother indicates the reasons for canceling the adoption, which are provided for by the RF IC. After reaching the age of fourteen, a person may come forward with a demand to cancel a previously made court decision.
Child from marriage
In order for a man to abandon a child, the mother or other guardian must file a claim in court. During the consideration of the case, the father verbally expresses his consent. He can also contact a notary and draw up a written consent. Present him to the court and not appear at court hearings.
Article 129 of the Russian Family Code provides for the possibility of a father giving written consent to the adoption of a child. The document indicates a specific person or does not indicate a specific person.
The application reflecting consent to adoption contains the following information:
- the name of the judicial authority that will further consider the case;
- last name, first name, patronymic of the applicant and his passport details;
- information about the child;
- expressing consent to the adoption;
- a description of the reasons that influenced this decision;
- consent to the assumption of parental rights by a specific man or without indicating this fact;
- understanding that the decision cannot be reversed;
- appeal to the court to consider the case without his presence;
- date of preparation and signature of the applicant.
The consent must be certified by a notary. In the case of adoption of a son (daughter), the father is relieved of the obligation to provide material support.
Can a mother withdraw an application for child support?
Payment of financial support for a minor is the responsibility of the parents. If one of them refuses to fulfill it voluntarily, then the second is obliged to recover the funds in court.
Refusal of the recipient to provide financial support for the child by the second parent is a violation of the property interests of the minor. Therefore, you can withdraw your application in exceptional cases:
- the parties came to a voluntary settlement of the issue through an agreement;
- the minor was adopted;
- the man challenged paternity;
- the father established the child's place of residence with him.
You can submit applications as follows:
- withdrawal of the statement of claim in court;
- withdrawal of the application from the FSSP.
In order to withdraw a document from the court, the applicant must file a reasoned refusal of the claim and provide information about a voluntary settlement of the issue.
The recipient of financial support for a minor child submits an application to the FSSP, together with an executive document (agreement, writ of execution or court order). Based on the request of the legal representative, the bailiff initiates enforcement proceedings.
Important! The applicant has the right to resume enforcement proceedings at any time before the child reaches the age of majority. In this case, the debt can be calculated only 3 years before the date of re-application to the FSSP.
The procedure for collecting alimony from the father after refusal
When the father is deprived of his rights as the parent of his child through the court, the mother has the right to prepare a statement of claim demanding alimony and submit it to the court. For this purpose, the limitation period is three years from the moment this right arose. Some citizens enter into an agreement so as not to resolve this issue in court. The plaintiff may be the institution where the minor lives (for example, a boarding school). Often, a woman simultaneously files a claim for deprivation of parental rights and alimony.
Bailiffs
When the court decision has entered into legal force, it is transferred to the bailiffs.
Initially, they need to inform the person that he is obliged to pay alimony obligations. If there is no response from the payer and the debt period increases, the bailiffs may take the following actions:
- Seize the man's property.
- Visit the payer at the address known to them.
- Apply to the court to make a decision banning the ex-father from leaving the country.
- Carry out raids together with the traffic police.
- Contact the bank with a request to withdraw funds from the account to use them to pay off the resulting debt.
Court
Obligations to pay alimony are established by the court in the same manner as in other cases. The statement of claim contains the following information:
- name of the court;
- information about the plaintiff and defendant;
- description of the situation;
- reference to legislative norms;
- requirements;
- list of accompanying documents.
The package of papers that should be pre-prepared and attached to the claim includes:
- document that identifies the plaintiff;
- birth certificate;
- a certificate showing the fact of living with the mother.
When considering the appeal, the judge will take into account:
- amount of children;
- financial position;
- stability;
- salary (other type of income).
Alimony can be assigned as a percentage of income or as a fixed amount.
Voluntary payment
After deprivation of parental rights, a man has the right to voluntarily help a child until he reaches the age of eighteen. To do this, an agreement must be concluded. It should contain information such as:
- conditions;
- size;
- frequency of payment;
- deadline;
- responsibility of the parties.
The settlement agreement must be certified by a notary. The drafting process is no different from other cases of drawing up an agreement.
What to write in the application?
The application provides standard information about the applicant, indicating the place of registration and significant passport data.
In the text of the application, the citizen abandoning the child writes “About his voluntary and unconditional intention.” The author should note that he understands what consequences his actions will lead to (another citizen will receive the right of paternity, it will not be possible to cancel the decision, etc.).
Important! The judge may refuse the plaintiff to fulfill his demands, but the applicant will not have the opportunity to challenge the decision already made by abandoning the initial demands.
If one of the parents abandons the child, at the end of the application it must be indicated that the rights of the second parent are fully retained. If desired, the applicant may request in the application that the case be considered without his participation.
The statement of claim contains the full names of the parents and their child. At the end, a signature with a transcript is traditionally placed. The applicant's signature alone is not enough. Finally, the document must be certified by a notary.
Sample application for renunciation of paternity
Sample application for renunciation of paternity
Is it possible to get rid of alimony for my wife?
Family law provides for the mother's right to collect alimony after the former spouse is deprived of parental rights. Accordingly, a man is not released from the obligation to pay alimony to his wife. He may demand a reduction in the amount of payments, arguing for a low level of financial solvency.
Deprivation of rights or obligations?
The rights and responsibilities of parents in relation to children are prescribed in Chapter 12 of the Family Code.
Parents have equal rights to raise their children and their development. After all, education is not only a right, but also a responsibility. They must take care of the moral development and health of children, not only physical, but also spiritual and mental. Parents should give their child an education, at least a general one. At the same time, they can choose a school and form of education, but this must be done taking into account the opinion of their son or daughter. Parents are also required to provide financially for their children. Even during a divorce, when children remain with one parent (usually the mother), the second is obliged to transfer a certain amount to them every month. This amount depends on the number of children. According to Article 81 of the Family Code, a quarter of the income is paid for one child, a third for two children, and half of the official earnings for three or more children.
In turn, the child, upon reaching adulthood, can also help his parents financially. And under certain circumstances, he is obliged to support them.
Even after losing parental rights, a person must still pay child support.
Having lost his rights as a parent, a person will no longer be able to take part in resolving issues related to the life and health of his daughter or son. According to Article 71, he also loses the right to receive social benefits and privileges due to citizens with children. However, the child is not deprived of his rights. Therefore, you will still have to pay part of the income to the former parent. In addition, children do not lose their right to inherit the property of both parents or other relatives.
Even if the mother and father of the baby have not reached the age of majority, they have the same rights to their child as other citizens of the country. However, they can take care of the baby independently only from the age of 16. This rule is spelled out in Article 62 of the UK. Until this time, their functions are performed by a guardian, who can be one of the close relatives.
Even if they are minors, parents must still support their child. In some cases, the court may assign support to the grandparents. However, if the child is not adopted by anyone else, even minor parents cannot waive the obligation to pay child support.
Voluntary agreement to cancel child support from a father who has written a refusal of the child
The agreement concluded between the parties often contains a list of circumstances that make it possible to stop making payments to support a minor. Such circumstances may include:
- the beginning of the son’s (daughter’s) working life;
- moving to another country for permanent residence;
- mother's new marriage.
In such and other cases, payments are terminated without a court decision. If the agreement does not contain such conditions or the parents decide to make changes, an Addendum to the agreement should be drawn up. The document must be certified by a notary. If there is no agreement, you must contact a judicial authority. This requires legal grounds.
Termination of parental rights is aimed at protecting children from negative influences from their parents. The law does not provide for exemption from alimony after abandoning one's children.
Why can you lose your parental rights?
Deprivation of parental rights is the first thing that comes to mind when discussing the topic of abandoning a son or daughter. However, this procedure can only be started if there are compelling reasons. A complete list of such grounds can be found in Article 69 of the Criminal Code:
- Termination of duties. If a parent stops raising their children, prevents them from receiving an education, or stops allocating money for their maintenance, he may lose his rights.
- Abuse of rights. Abuse is considered to be cases when a parent, using his power over a minor, induces him to engage in destructive actions (for example, drinking alcohol, stealing, begging, etc.).
- Cruel treatment. Any manifestation of violence in the family is unacceptable. Moreover, this concept includes not only physical, but also psychological violence. Psychological violence - actions aimed at suppressing a child’s personality, threats and instilling fear, humiliation of the honor and dignity of a little person, insults and exploitation. The rights are deprived of those parents who encroached on the sexual integrity of their children, and those who knew about such attacks by other family members and did not resist.
- Intentional crime. If a parent intentionally harms the health of a child or another family member, creating a threat to their life, he may also lose his title as father or mother.
Let us consider separately the issue of evading the maintenance of offspring. Evasion includes not only refusal to pay funds, but also attempts to hide one’s place of residence, change of job or income. In each specific case, the court must decide whether the evasion is malicious or not. After all, the court acts primarily in the interests of children. Therefore, for the first time, the defaulter can simply be warned about the possible consequences of his actions and persuaded to change his attitude towards this issue.
Deprivation of parental rights due to non-payment of child support will occur only in the following cases:
- if the defaulter has already been warned about the possibility of being held accountable for violating his duties and he ignored this warning;
- if a person does not pay child support for more than six months;
- if he has an outstanding payment arrears.
It is not necessary that the fact of non-payment be confirmed by a court verdict. It is enough to simply provide strong evidence of the income of the ex-spouse, from which he does not want to pay interest on the children. However, if he cannot do this for objective reasons, no one will deprive him of parental rights.
Refusal before judgment
There are several ways to end a family relationship. The simplest is to contact the registry office with a mutual application for divorce. After a month, the civil registry office prepares a certificate of termination of marriage relations.
The second option is to submit a corresponding petition. And it will not be possible to avoid judicial consideration of the dispute if the husband and wife during their life together acquired property that needs to be divided, as well as if they have common children.
After filing a claim and before a decision on divorce is made, a woman can at any time ask the court to refuse payments from the alimony payer. The judge will grant the request if the woman can prove that she can independently provide full financial support to her baby. In practice, such requests are extremely rarely granted.
Important! If the judge refuses to satisfy the refusal application, then you can make the same request again, but after resolving the difficulties that caused the judicial refusal.
Refusal in the form of an alimony agreement
As noted above, you can also refuse to pay alimony through a notary. This option is available if the child’s parents have drawn up a notarized agreement on voluntary payments of funds and the provision of other types of assistance. Such agreements have a number of features:
- the contents of the agreement stipulate the conditions for the deduction of funds;
- the frequency and duration of payments is recorded;
- the amount of assistance is established;
- Be sure to indicate the validity period of the agreement.
If the agreement is still in legal force, the former spouses can jointly contact the notary's office with a request to issue a waiver application for the transfer of money. The lawyer decides on the advisability of such a procedure based on the situation.
The main factor influencing the notary's decision is the protection of the rights of the child. That is, if, when refusing money, the child’s financial condition suffers and this affects his overall development, then the application will be denied.
To increase the chances of the application being granted, it is necessary to confirm that the baby’s mother can independently and fully support and raise the child. Also, additional proof of solvency will be confirmation of receipt from the father of the children of a large sum of money, which immediately covers payments for several years. This may be a financial payment or the provision of material assets (for example, real estate).
