Home / Alimony / How to correctly formalize a waiver of alimony?
Everyone knows that evasion of alimony is a serious violation, for which administrative and sometimes even criminal liability is provided. However, what to do if a person raising a child alone wants to voluntarily refuse financial assistance from the other parent. What does the law say? How to apply correctly?
Is it possible to refuse child support?
The law does not establish situations when child support can be refused. But practice shows that such a possibility exists.
The method of refusal depends on how alimony is paid:
- Voluntarily. If the father voluntarily pays money under an agreement, then he can refuse it by drawing up another agreement or canceling it through the court.
- Through the bailiffs. In order for alimony to be forcibly withheld from the father, the mother must submit a court order or writ of execution to the bailiff department. The father cannot refuse to pay alimony to the bailiffs. In this case, he will be held accountable, the use of the car will be limited and he will be prohibited from traveling abroad. Therefore, the writ of execution can be taken away by the child’s mother or the father can obtain a court decision to cancel the collection of alimony.
- Through the employer. The mother can submit to the accounting department of the organization where her ex-husband works a notarial agreement, a court order or a writ of execution. She has the right to pick it up from the accountant at any time. The father cannot take the writ of execution from the accountant.
So, you can refuse child support. But this needs to be done officially. Otherwise, the father will be held accountable, including imprisonment (Article 157 of the Criminal Code of the Russian Federation).
