Obligations to pay child support for an abandoned child

Is it possible to appeal alimony?

Challenging alimony is a personal matter for every citizen. The debtor himself chooses the method of his defense, but the judicial authorities can notify him of what rights he has to do so. Usually, in an order or decision, courts explain the procedure and conditions for appealing their verdict, thereby duplicating the norms of the Code of Civil Procedure of the Russian Federation. The deadline is also indicated there.

If alimony is awarded in a lawsuit, the court is obliged to notify it when considering the case and inquire at the hearing whether the payer will object to the plaintiff’s stated demands.

Lawyers advise taking advantage of all available opportunities to protect your rights. If the right to appeal is lost, then it will be impossible to prove in the future the illegality of collecting alimony.

Is it possible to cancel spousal support payments?

In legal practice, there are many precedents for canceling obligations imposed on a husband to pay alimony to his ex. The main thing is to obtain a sufficiently large amount of documentary evidence and provide it to the court during consideration. There are completely legal tricks that ex-wives use to continue to receive the maintenance due to them by law - living separately with a new common-law husband, without registering the relationship; getting a part-time job, part-time job, unofficially; transfer of part of the property and finances to the name of the parents, which is not an indicator of her personal well-being; providing false certificates of health or disability.

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The best way to deprive your wife of alimony is to draw up an alimony agreement indicating clear terms for the payment of financial assistance for pregnancy or caring for a joint child. In practice, the cancellation of alimony for the maintenance of an ex-wife is carried out in court and is based on specific evidence of the occurrence of any situation that exempts the ex-husband from paying alimony, according to the RF IC.

How to challenge child support

There are two main ways to challenge collected alimony.

1. Application for cancellation of a court order - if alimony was collected in the order of writ proceedings;
2. An appeal against a court decision - if alimony is collected through a lawsuit.

If there are objections to the execution of the court order, they must be filed within ten days after receiving the verdict. The complaint is filed within thirty days from the date of the final decision.

In the application, you can set out in detail all your objections to the decision. But the number and degree of plausibility of objections does not matter - the judge in any case will be obliged to cancel the court order and explain to the applicant the right to file a claim.

In what situations is alimony calculated for the maintenance of a former spouse?

Chapter 14, Section 5 of the RF IC specifies situations in which the husband is required to provide financial assistance for his ex-wife related to:

• Maintenance of the spouse for the entire period of pregnancy and for three years after the birth of a joint child;
• The extreme need in which the ex-wife finds herself raising a disabled child together;
• The disability of a divorced spouse, which does not allow her to work while raising children until they reach the age of 18.

Only a court can accurately determine the criteria for the neediness of an ex-wife, taking into account the financial condition of both spouses and the ability to raise joint children. Even if the mother has a job that does not greatly affect her material well-being and covers only daily needs, the court can award the ex-husband payment of alimony.

Canceling an order

Once the order is actually sent to the debtor, the period for cancellation begins to run. It is 10 days from the date of actual sending of the order to the debtor. In most cases, it is determined by the date of the postal stamp indicating acceptance of the document by mail.

In the same way, the date of filing the document is determined, recording it when the application for challenge arrives at the office. It is important to know that if suddenly the letter is sent on the deadline day and is delivered by mail throughout the week, then the debtor has not missed the deadline.

What is indicated in the application to challenge alimony collected by order?

• information about the debtor and applicant;
• name of judicial authorities;
• full title of the document;
• date of acceptance of the order and day of actual receipt;
• the result of the decision made;
• reasonable arguments why the court order should be canceled;
• request to cancel the court order.

For an example, see the sample application below or find out more about canceling a court order.

The objection must be filed in the court that made the order. It will be reviewed by the judge for five days. During this period, the order issued earlier will be canceled.

It may also be that the arguments for canceling the order will not be justified, but even despite this, the court is obliged to cancel the order issued to collect alimony. If this does not happen, the court's actions will be considered unlawful.

If the ten-day period is missed for a good reason, it is possible to file a petition for its restoration. Supporting documents are attached as evidence of valid reasons. Simultaneously with the petition, an application to cancel the order is immediately submitted.

How can I deprive my ex-wife of alimony in court?

Cancellation of alimony for the maintenance of a spouse is carried out in court, unless otherwise specified in the alimony agreement, upon presentation of significant evidence from the plaintiff. Given that the court is always on the side of the mother when resolving various alimony disputes, there is a real chance of canceling alimony for the maintenance of the spouse if her financial situation changes or the period of incapacity ends. To do this, it is necessary to provide the court with evidence that maintaining the spouse is no longer the responsibility of the divorced husband. There may be several such situations:

• A change in the financial situation of the former spouse, which does not allow the payment of alimony to the former spouse, either as a percentage of income or in hard cash;
• Cancellation of alimony due to the marriage of an ex-wife - even unregistered residence with a partner for a long time with confirmation of witnesses is considered;
• In cases where the ex-wife found a permanent job and worked there for at least one month or is registered on a permanent basis, this may be the basis for canceling alimony if the income received allows the spouse to support herself and fulfill the obligations of raising a child;
• When illegal actions and inappropriate behavior are confirmed by numerous eyewitness accounts and law enforcement agencies, guardianship services and juvenile affairs, the alimony is canceled by the court, up to the deprivation of the mother’s parental rights.

Appealing a court decision

If, after the order was canceled, the applicant filed a claim for alimony and the court made a decision with which you do not agree, you can file an appeal. It is submitted no later than 30 days from the date of the final decision.

As soon as the decision is in your hands, you can immediately file a complaint to challenge alimony. The party appealing the verdict must indicate the reasons for its disagreement and provide all possible arguments and evidence.

Possible grounds for canceling alimony decisions

• unstable financial situation of the debtor and incorrect choice of collection method. In the event that the payer cannot pay the specified amount of alimony, it is revised or the shared penalty is changed to a fixed amount.
• the recipient of alimony behaves unworthily in the family, suffers from alcoholism, and does not take care of the children;
• a counterclaim has been filed to challenge paternity, or there is a parallel case being considered regarding this dispute.

You can also demand to challenge alimony on formal grounds:

• Failure to notify the defendant of the date, time and place of the hearing;
• Documents on the case not sent to him at the preparation stage;
• Lack of clarification of rights in court.

This, of course, will not relieve the debtor of alimony - they will still collect it, but it will help delay the case.

Complaint to challenge alimony (sample)

The appeal is drawn up in strict accordance with the requirements of the Code of Civil Procedure of the Russian Federation. It states:

• The name of the court in which it is filed. In this case, a higher court is written, but the complaint is filed through the court that made the decision;
• Full names of the parties, their addresses;
• The circumstances of the case - when the decision was made, what was awarded, what was the reason;
• Arguments about the illegality of the decision, list of evidence;
• References to laws and practice (optional);
• Request to cancel a court decision;
• Date, signature.

It is better to entrust the preparation of a complaint to an experienced lawyer, but you can try to prepare it yourself. You can first contact our specialists for a free consultation.

The sample presented above is universal, but requires modification to suit your situation.

Note: It is not always only the defendant who challenges the alimony decision. Cases and circumstances vary, so the plaintiff’s stated demands may not be satisfied. Then he needs to file an appeal, and if this is not satisfied, then a supervisory complaint - to consider claims against the court decision that has entered into legal force.

How and where is it considered?

The court of appeal for the magistrate is the district or city court in his area. If the claim for alimony was considered by the district court (for example, together with paternity), then the appeal will be filed with the regional (territorial, republican) court.

All evidence provided by the defendant must be considered and analyzed when considering the complaint, and the position of the plaintiff is also taken into account. If the arguments are weighty and convincing, the court agrees with the arguments and cancels or changes the decision.

When alimony is disputed, the plaintiff has the right to clarify his position and express his opinion. The court decision must be justified and explained why the written and oral arguments of the defendant are not taken into account or, on the contrary, taken as the basis for canceling the decision.

Duty

When filing an appeal against a court decision on alimony, a fee of 150 rubles is paid - half the amount of the fee for non-property claims (Article 333.19 of the Tax Code of the Russian Federation).

This fee is not refunded or collected, regardless of the verdict adopted on the complaint.

How to deprive your ex-wife of alimony?

The situation when ex-wives abuse their legal rights is not uncommon, and divorced husbands have to pay alimony to their ex-spouses until their common children reach the age of 18. Often, mothers have completely stable jobs and do not need anything. The cancellation of alimony for the maintenance of the mother of common children is carried out in the same way as the accrual - by joint agreement, or by court decision. Situations that may serve as reasons for canceling alimony payments are prescribed in some articles of the RF IC and are partially advisory in nature, since the husband filing the claim will be required to have strong evidence of the occurrence of a particular situation in the life of the mother of their common children:

• If the former spouse’s incapacity for work occurred as a result of abuse of alcoholic beverages, narcotic substances, or the commission of an intentional serious crime that resulted in a prison sentence - Article 92 of the RF IC;
• If the marriage did not last long, this parameter is subjective and, most often, is accepted in the amount of up to 3 years, but is considered individually at a court hearing - Art. 92 of the RF IC;
• Remarriage of a needy spouse, resulting in a change in the level of material well-being and the transfer of the responsibility for maintaining the woman to a new husband - Article 119 of the RF IC;
• If the financial situation of a spouse who was on maternity leave but returned to work improves, documentary evidence is required that the ex-wife can fulfill the obligations to support herself and the child in the relevant parts - Article 119 of the RF IC;
• In the case of deliberate and proven illegal actions of the ex-wife, who provided false data about her financial situation, or in the commission of a crime against the ex-husband - Art. 119 of the RF IC.

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What are the actions of the plaintiff when challenging alimony by the defendant?

The plaintiff also has his rights when challenging alimony by the defendant, and he can:

• file objections after filing an appeal. Such objections are filed with the court in order to transfer the case materials to appellate proceedings;
• come to court in person to defend your rights.

Before the court considers the defendant’s complaint, all submitted objections and documents must be attached and taken into account. If no objections are made to the appeal before the hearing, the superior court will remand the case to the magistrate to satisfy the requirements of the law.

Example: The defendant in the case of collecting alimony, S., filed an appeal against the court’s decision. The magistrate prepared everything and transferred the case to the district court. On the day the case was sent with a complaint to the district court, the magistrate court received the plaintiff’s objections to the case. The defendant almost simultaneously filed an amended complaint with the Magistrates' Court.

The district court withdrew the case from consideration and returned it to the magistrate court so that the latter complied with the requirements of the Code of Civil Procedure of the Russian Federation and sent documents to all parties.

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).