In what cases is the payer exempt from paying alimony in 2021 - a complete list of grounds

Some parents, due to various circumstances, wish to receive an exemption from paying child support. But at the same time, many of them have a vague idea of ​​in what cases this is possible, what the chances of success are, and when it is not worth wasting their efforts.

This publication will give you all the necessary knowledge on this issue, save your time, money, and protect you from wrong decisions and illegal actions.

See also: How to avoid alimony payments legally this year - all the ways

What you should know about child support obligations

Child support obligations are understood as legal relations arising from an agreement of the parties or a judicial act, according to which the alimony payer is obliged to provide maintenance to his:

• For minor children.
• Adult disabled children.

According to Art. 80 and Art. 85 of the RF IC, parents must support their children. However, sometimes, due to a significant change in the life circumstances of the alimony payer, this leads to the impossibility of paying them.

Collection of alimony is made on the basis of:

• A notarized agreement on their payment.
• Court order.
• A writ of execution issued by the court.

According to the norms of family law, alimony can be cancelled:

1. On legal grounds, as a result of which the recipient of funds loses the right to this payment.
2. Upon early release of the payer from their payment, if there are compelling reasons for this.

In both cases, release from alimony obligations is possible only in court and on the grounds provided for by the Family Code of the Russian Federation. Therefore, if they exist and this is documented, you should file a claim in court.

Is it possible not to pay money, but to buy everything your child needs?

The option in which the parent who left the family continues to take an active part in the child’s life can be secured by agreement of the parties.
During a divorce, parents discuss all the details: who the child will stay with, the size and timing of payments, or other ways to maintain the child’s previous standard of living. If agreements are possible, experts recommend sealing them with a written agreement certified by a notary.

If alimony was ordered by the court, then it will have to be paid in the amount and within the time frame specified in the court decision. In this case, buying things and food for the child will not be grounds for stopping cash payments.

When the payer is exempt from paying child support

The grounds for termination of alimony obligations are established by Art. 120 of the RF IC, as well as Art. 21 and Art. 27 Civil Code of the Russian Federation. Next we will consider them in more detail.

What are the grounds for terminating alimony obligations provided for in the agreement?

Such grounds can be divided into two groups:

• Unconditional - the death of one of the parties and the expiration of such an agreement.
• Additional, which are specified in the agreement on the payment of alimony. These include: change in the financial situation of the parties/ restoration of the recipient's ability to work/ graduation from an educational institution/ adoption/ marriage.

The parties to the alimony payment agreement can change its terms at any time by mutual agreement. This is possible by making changes to it, which are also subject to notarization and are an integral part of it. If the parties cannot agree, the interested party may seek changes in court.

The court may recognize the change in the financial/family situation of the parties as significant and satisfy the demands for change/termination of the agreement. In this case, the situation should change so much that the document would not have been concluded, or the parties would have concluded it on other terms - clause 55 of the RF Supreme Court No. 56.

The fact of a change in position can be confirmed:

• Birth certificates of other children.
• Marriage registration certificate.
• A copy of the judicial act that entered into legal force on the collection of alimony for other family members.
• Certificates of registration for unemployment/from the place of work regarding changes in earnings.
• MSEC conclusion on the payer’s loss of ability to work, etc.

What grounds are provided for in the judicial procedure for collecting alimony?

The list of grounds for termination of alimony obligations arising from judicial acts is given in paragraph 2 of Art. 120 IC RF:

1. Acquisition by a minor of full civil capacity: when he reaches the age of 18, as well as in the event of his emancipation on the basis of Art. 27 of the Civil Code of the Russian Federation (working under an employment contract/engaged in entrepreneurial activity) or upon marriage before reaching adulthood - clause 2 of Art. 21 Civil Code of the Russian Federation.
2. Adoption of a child for whose maintenance a payment was assigned. Since such children lose personal non-property/property rights and are released from responsibilities towards their parents. An exception is if, upon adoption of a child, this parent retained the above rights and obligations.
3. Recognition by the court of the restoration of working capacity/cessation of the need for assistance of the recipient of the payment. Restoration of working capacity may occur upon reaching adulthood/removal of disability/cessation of education (full-time). Cessation of need - for example, receiving a large inheritance.
4. Death of the person receiving alimony.
5. Death of the person obligated to pay alimony. Alimony obligations are personal in nature, therefore the obligation to pay them does not pass to the heirs and legal successors.

In addition to the above grounds, the court may exempt the payer from paying alimony under certain conditions:

• The presence of a court decision that has entered into legal force, which established that the citizen-payer is not the father of the child.
• Moving the child to a permanent place of residence with the person paying them.
• Providing free social services to an adult disabled person (child of the payer) with his placement in a hospital (for example, when he lives in a boarding house for the disabled), or such a person is transferred to the social security of organizations/citizens, and there are no circumstances entailing additional expenses (special care, treatment , food, etc.).

According to paragraph 1 of Art. 119 of the RF IC, the court may also exempt from paying alimony if, after its establishment in court, the financial/marital status of one of the parties has changed. In addition, when deciding this issue, the court has the right to take into account other noteworthy circumstances affecting the interests of the parties.

The court has the right to refuse to recover them from an adult disabled person (child of the payer) if it is established:

• Committing an intentional crime against the payer against life/health/freedom/honor and dignity, and other rights. This fact must be confirmed by a conviction/resolution of the court or preliminary investigation body to terminate the criminal case that has entered into legal force.
• His unworthy behavior in the family. It means: alcohol abuse, drug abuse, gambling and other immoral behavior that is contrary to the interests of the family.

The fact of unworthy behavior can be confirmed by decisions to bring a person to administrative responsibility, court decisions on the limitation of legal capacity that have entered into legal force, certificates of registration/treatment at a drug treatment clinic, etc. In addition, this fact can be confirmed by witness testimony.

Important! Disabled adult children who have the right to payment are understood as persons recognized in the established manner as disabled people of group I, II or III - clause 7 of the RF Armed Forces Regulation No. 56.

In what cases is alimony canceled?

Art. 119 RF IC and Art. 120 of the RF IC provide for the possibility of canceling alimony in a number of cases.

In what cases payments are canceled depends on the specific circumstances. In any situation, cancellation requires the initiative of the citizen obliged to pay, and an application for cancellation is submitted exclusively to the court. The court has the right to release the payer, but is not obliged to do so. The issue remains solely at the discretion of the court - after examining the provided evidence base, and taking into account the legitimate interests of the parties.

Is it possible to be exempt from paying arrears of alimony/forfeit?

The payer of alimony may be exempt from paying arrears/forfeits for late payment by mutual agreement of the parties if the child has reached the age of majority. For minors - through the court - clause 1 of Art. 114 RF IC.

If the parties fail to reach an agreement, or if alimony is paid for a minor, release is possible only by a court decision in the simultaneous presence of the following circumstances - clause 2 of Art. 114 RF IC:

1. The valid reasons for non-payment of alimony by the payer are illness/compulsory military service/force majeure circumstances.
2. Inability to repay the debt due to his financial/family situation - presence of other dependents/low income, etc.

Important! The release of a person paying alimony from payment of arrears does not entail the illegality of the bailiff's decision to collect alimony arrears - clause 61 of the RF Supreme Court Decree No. 56.

Is it possible to be exempt from payments through refusal to collect alimony until the dispute is resolved by the court?

Litigation over divorce and alimony can last a long time. This problem is solved by Art. 108 of the RF IC, which allows the court to order the defendant (in a claim for alimony) or the alleged alimony payer (in a claim for divorce) preliminary payments for the child (before the main court decision).

Attention! Provision of Art. 108 of the RF IC concerns only minor children.

At the same time, the defendant or the alleged alimony recipient has the legal opportunity to be released from preliminary forced payments if the other party insists on them. But only if the court establishes the absence of the fact of failure to fulfill obligations to support children, which is referred to in paragraph 2 of Art. 80 IC RF.

That is, if the defendant or the alleged alimony payer fully fulfills the obligation of maintenance during the legal battle, then the court usually refuses the request to collect preliminary payments from him.

This follows from paragraph 9 of the Decree of the Supreme Court of the Russian Federation dated November 5, 1998 N 15, which refers to the mandatory clarification by the court of the defendant’s participation in providing for the child at the time of the proceedings. The same is stated in the Determination of the Armed Forces of the Russian Federation dated October 15, 2013 N 80-KG13-10.

Attention! The separation of the child from the defendant or the alleged child support provider is not essential.

How to cancel child support when changing a child’s place of residence

The residence of a child with the alimony payer does not relieve him of the obligation to pay it.
There are situations when, during the execution of judicial acts on the collection of alimony, the child is transferred to the upbringing and maintenance of the payer parent. The recipient of the payment does not refuse to receive it.

In this case, exemption from alimony payments, as well as from arrears on them, is carried out in the manner of claim proceedings. If the recipient of the payment refuses to further collect it or the debt on it, the enforcement proceedings are subject to termination by the court - clause 36 of the RF Supreme Court.

The recipient's refusal to pay is possible by the court accepting the claimant's refusal to collect - clause 2, part 2, art. 43 No. 229-FZ.

Thus, in order to cancel the payment, you should apply to the court with a claim for exemption from paying alimony due to a change in the child’s place of residence, attaching supporting documents to it:

• Certificate of registration of the child at the payer’s place of residence.
• Checks/receipts confirming expenses for maintaining/raising a child.
• Certificate of family composition.
• Witness's testimonies.

In addition, when considering this category of cases, the period of residence (duration) of the child with the father/mother, the conditions of his detention, the legality of his presence, the presence/absence of the consent of the other spouse, as well as the opinion of the child (from 6 years of age) on this issue are taken into account .

After the court decision comes into force, you must contact the bailiff service, which is responsible for collecting alimony, or your employer to cancel the collection of funds.

Important! A person who was previously the payer of alimony has the right to apply to the court with an application for recovery of child support from the recipient.

See also: How a mother or father can refuse child support in 2021 - instructions

Sample statement of claim for exemption from paying alimony due to a change in the child’s place of residence (DOC 16 KB)

What documents should I prepare?

The most important thing when preparing to go to court is not drawing up a claim, but preparing supporting documents. The debtor must provide serious evidence that he cannot pay his alimony debts. It is important to confirm that the reasons are indeed valid.

The list of evidence includes:

• resolution on the amount of debt from the bailiff;
• executive document;
• certificate from place of work;
• information from the employment center about the status of the unemployed;
• data from government agencies about the fact of a natural disaster;
• certificate of family composition;
• information from the Ministry of Internal Affairs about the loss of property;
• children's birth certificates;
• certificate of registration of guardianship;
• ITU opinion on disability;
• information from the Pension Fund on the assignment of a pension;
• medical statements about deterioration of health;
• court sentence of imprisonment.

When filing a claim, you must pay a state fee. The receipt is attached to the rest of the documents.

How to be exempt from paying child support due to a paternity dispute

To answer this question you need to know the nuances. Namely, whether paternity was challenged in court or only a DNA examination was carried out. First, let's look at the procedure for recognizing and challenging paternity.

What is the algorithm for recognizing paternity

Paternity is established in accordance with Art. 48 RF IC:

1. If the child was born in marriage, as well as within 300 days from the date of its dissolution/invalidity, the father of the child is recognized as her husband/ex-husband, unless otherwise proven. Paternity in this case is confirmed by the record of their marriage.
2. If the persons are not married, paternity is established by submitting a joint application to the civil registry office by the child’s parents. In the event of the death of the mother/declare her incompetent/deprivation of her parental rights/impossibility of establishing her whereabouts - at the request of the child's father, if there is consent of the guardianship and trusteeship authority, and in its absence - by court decision.

How is paternity contested?

Challenging paternity is possible only in court. Please note that - art. 52 RF IC:

1. If the child’s father, at the time of making an entry in the birth register, knew that he was not in fact his father, but at the same time he gave his consent to enter his data, his demands will be denied. An exception is if he manages to prove that he was included in the certificate under the threat of violence/blackmail/deceit.
2. If at the time of entering the information he did not know that he was not the biological father, his requirements are more likely to be satisfied.
3. If a spouse has given written consent to artificial insemination, he does not have the right to refer to these circumstances when challenging paternity.

Providing evidence to the court confirming the lack of relationship with the child is the responsibility of the plaintiff. They can be obtained from:

• Explanations of parties/third parties.
• Testimony of witnesses.
• Written and physical evidence.
• Audio and video recordings.
• Expert opinions.

The most significant of them will be the result of the genetic examination, which is assessed by the court in conjunction with other evidence. If the court makes a decision in favor of the plaintiff, the following procedure applies.

After a court decision has entered into legal force that the alimony payer is not the biological father of the child and his alimony obligations have been cancelled, the record of his paternity is canceled by the registry office - Art. 75 143-FZ. From this moment on, he is freed from detention.

Further, with the court decision, he should contact the bailiff service at the place of enforcement proceedings or his employer to cancel the collection of funds for the future.

Sample statement of claim to challenge paternity and exemption from payment of alimony (DOC 16 KB)

Termination of alimony payments

According to the RF IC – Art. 120 payment of alimony is terminated:

• if the child is 18 years old or has received full legal capacity before this age through emancipation - he works officially, got married, started a business;
• in the event of the death of one of the parties to the legal relationship;
• if the child was adopted;
• if a disabled adult child has regained his ability to work and no longer needs financial assistance;

Important! An adopted child is also entitled to child support if one of the parents still retains the right to raise him. Cancellation of alimony after the adoption of a child is allowed only in cases where both parents have given consent to the adoption or have been deprived of parental rights.

Is it possible to return previously paid alimony due to newly discovered circumstances?

If, during the consideration of the case in court, it is established that the payer of alimony paid it in the absence of legal grounds, it will not be possible to claim it back. Exceptions - Art. 116 RF IC:

1. The court's decision to collect alimony was canceled because the recipient provided false information/submitted false documents to the court.
2. The agreement to pay alimony was declared invalid due to its conclusion under the influence of threats/deception/violence from the recipient of the payment.
3. The court verdict established the fact of falsification of the court decision/agreement on the payment of alimony/writ of execution, which was the basis for their payment.

Important! If the actions set out above were committed by a representative of a minor child/incapacitated adult recipient of the payment, they will not be recovered back. These amounts are recovered from the guilty representative at the claim of the alimony payer - clause 3 of Art. 116 RF IC.

Adoption

The basis for termination of alimony legal relations may be the adoption of a child in whose favor payments are made by another person.

This procedure does not have clear legislative regulation, but is used in practice. For example, if the parent who supports the child tied the knot again, and the new spouse wants to adopt the minor, a legal conflict arises. A child cannot have two fathers and, as a result, the adoption procedure is impossible.

In order for the child to receive a new dad, the biological father must renounce his paternal rights. At the same time, family law of the Russian Federation does not identify denial of paternity or deprivation of parental rights as grounds for termination of alimony. Therefore, even if the biological father renounces his status as a parent, he will still be obliged to pay interest to the minor.

In order to avoid this conflict, there is a special procedure in practice. In one court hearing, the biological father completely transfers his rights and responsibilities to the adoptive parent. He no longer pays child support, but he cannot demand anything from his child once he reaches adulthood.

In what cases are alimony obligations not subject to cancellation?

Some alimony payers try in any way to get relief from their payment. However, this cannot be achieved without compelling reasons.

Next, we will consider the most common misconceptions regarding the grounds for canceling child support:

1. Change in the marital status of the ex-wife. If she enters into a new marriage, the responsibility for providing for the child does not pass to her husband. The child's father is obliged to continue to support him by paying alimony.
2. Loss of ability to work by the payer. If the payer has been assigned a disability group and is unable to fulfill his obligations to the same extent, this does not entail their cancellation. But it will be the basis for reducing the amount of payment in court.
3. Recognition of the person paying alimony as legally incompetent. This does not relieve him of his alimony obligations. An appointed guardian acts on his behalf and makes the necessary payments.
4. Refusal of paternity/maternity. If the fact of relationship is not refuted in court, the parent is not released from child support.
5. Deprivation of a citizen's parental rights. This fact does not exempt you from paying alimony. Such a parent loses the rights based on the fact of relationship with the child, but is not released from the obligation to support him.
6. Imprisonment. A convicted citizen is required to make deductions from his income received in prison.
7. A minor child is fully supported by the state (in a special institution). Parents are required to pay child support to the organization that supports the minor child in a 50/50 split. Cancellation is only possible if the child is adopted by other persons.
8. Birth of children to the payer in another marriage. In this case, the citizen can only ask the court to reduce the amount of alimony. In this case, the person obligated to pay them must prove the fact that it is impossible to maintain the payment in the same amount.
9. Leaving children with each parent. If parents have divided children, the amount of payments from one of them in favor of another, less wealthy one, is determined in a fixed amount. The court also takes into account such circumstances as the number of children, living/living conditions of the parents, etc.
10. Departure of the payer for permanent residence in another country. In this case, payment of alimony is made by him in accordance with Art. 118 of the RF IC, by concluding an agreement on the payment of alimony, and if an agreement is not reached, the procedure and amount of payments are determined in court.
11. An upward change in the financial situation of the ex-wife. Such a change does not affect the child's father's obligations to pay child support.

Where to file a claim

Cases regarding exemption from alimony debt belong to the category of civil cases, and specifically to family property disputes.

Such cases fall under the jurisdiction of magistrates. The court district of the magistrate in which the claim must be filed is determined based on the defendant’s place of residence.

During the trial, the plaintiff can also present additional evidence confirming his position, clarify the claims in terms of release periods and a specific amount. It is also possible to conclude a settlement agreement with the defendant upon reaching an agreement on the procedure and timing of debt repayment.

Can the other parent refuse child support?

In accordance with family law, refusal of alimony is impossible, since this is considered a violation of the child’s rights to decent maintenance.

In practice, the following methods are used for such refusal:

1. The parent with whom the child lives does not go to court to establish payment. In this case, the second parent voluntarily participates in the maintenance and upbringing of the children.
2. If the writ of execution is received by the claimant, it is not presented for execution. If it is presented for execution, it is recalled by it.
3. After concluding an alimony agreement, the recipient does not require the payer to fulfill it.

Important! At the same time, the recipient of alimony retains the right to change his decision at any time and go to court to establish such a payment/initiate enforcement proceedings.

Exemption from child support: legal basis of the family code

Article 120 of the RF IC clearly stipulates situations in which payments are terminated. You can remove alimony obligations imposed by a court if:

• the recipient has turned 18 years old - he has acquired independence;
• the child has an adoptive parent - the new parent completely takes on the burden of maintenance;
• the recipient of alimony has died;
• The alimony payer died.

Alimony can be assigned on the basis of a pre-trial agreement. But in the absence of payments, the child’s legal representative can go to court and obtain a judicial opinion on the assignment of payments and the return of the accumulated debt.

What is the algorithm for canceling alimony payments through the court?

Take a responsible approach to the consideration of the case in court.
The procedure will be as follows:

1. Collect the complete package of documents required to file a claim.
2. Prepare a statement of claim.
3. Determine the court that will hear the claim.
4. Find out the details for paying the state fee on the court’s website/in its office and pay it.
5. Submit your claim to the court office in person/through a representative, or send it by mail or through the State Automated System “Justice” portal.
6. Take part in court hearings.
7. After the court makes a decision that is positive for you, wait until it comes into force and receive a writ of execution.
8. Present the writ of execution to the bailiff service/employer at your place of work to cancel the payment of alimony for the future.

Grounds for exemption from alimony debts

The most common type of alimony payments is to minor children from fathers in the event of divorce. Over time, parents become increasingly reluctant to take part in the life of a minor and forget about the need to help, resulting in debt for no valid reason. It is impossible to get rid of it, since you need to be held accountable for your misdeeds. In such cases, the court comes to protect the property rights of minors.

Based on judicial practice, a number of unconditionally valid reasons can be identified:

• staying in an area where there is a man-made disaster, natural disasters and other unfavorable, life-threatening conditions have occurred, due to which leaving and making payments is impossible;
• being in a war zone.

Also, the grounds for debt cancellation are specified in the law (Article 114 of the RF IC). These include:

• disease;
• deterioration of material well-being;
• change in marital status.

How to prepare a claim for exemption from alimony payments

The text of the statement of claim can be typed on a computer or written by hand. When composing it, it is advisable not to overload the text with bold/capital letters and exclamation marks. The recommended font when composing text on a computer is Times New Roman/Arial and 12-13 point size.

The document must comply with those specified in Art. 131 Code of Civil Procedure of the Russian Federation requirements. The statement of claim must indicate:

1. Name of the court - indicate the district court at the defendant’s place of residence.
2. Information about the plaintiff - full name, address, contact information. Details of your representative (if you have one).
3. Information about the defendant - full name, place of residence/work, as well as one of the citizen’s identifiers: SNILS, INN, passport series and number, driver’s license series and number, vehicle registration certificate series and number.
4. Name of the document - Statement of claim for exemption from paying alimony/for exemption from paying alimony due to a change in the child's place of residence/for challenging paternity and exemption from paying alimony.
5. Circumstances - indicate the circumstances that are the basis for exempting you from paying alimony. For example, a change in financial/family status. For requirements related to changing the child’s place of residence, indicate the reasons why the child lives with the plaintiff, as well as other circumstances worthy of attention.
6. Evidence confirming your position in the case (documents, witnesses, etc.), as well as information about the actions taken by the party aimed at pre-trial settlement of the dispute, if such actions were taken.
7. Links to legislative norms, as well as to judicial practice.
8. Request to the court to exempt from paying alimony for the maintenance of a minor child.
9. In the claim, you can also state additional demands: for example, to determine the child’s place of residence with the plaintiff/to establish the absence of relationship with the child and to exclude information about the plaintiff from the child’s birth certificate.
10. List of documents attached to the claim.
11. Date of compilation.

The statement of claim must be signed by you personally or by your representative (if he has the authority to sign the statement and present it to the court).

Sample statement of claim for exemption from alimony payments (DOC 18 KB)

What documents should be attached to the statement of claim?

Depending on the subject of the claim, prepare a package of documents:

• A copy of your passport.
• A copy of the child's birth certificate.
• A copy of the marriage/divorce certificate.

• Confirming the occurrence of the obligation to pay alimony (agreement of the parties/court decision/court order).
• Certificate of family composition.
• Evidence supporting the grounds for canceling alimony.
• Confirming the actions taken by the party aimed at reconciliation in the presence of an agreement concluded between the parties on the payment of alimony.

• Receipt for payment of state duty/documents confirming the right to benefits.
• Documents confirming the sending/delivery of copies of the claim and documents attached to it to the parties.
• Other documents.

What must be proven in court

In this category of cases, depending on the subject of the statement of claim, the following is proven:

• The fact of a change in the financial or marital status of the parties: the payer reaches retirement age/his dismissal from work/marriage/the appearance of other persons whom he must support/the adoption of a child by the plaintiff, etc.
• Termination of the circumstances that served as the basis for the award of alimony: acquisition of full civil capacity by a minor/ adoption of a child, etc.
• Commitment of an intentional crime against a debtor by an adult disabled person (child of the payer). As well as his unworthy behavior (for example, the debtor’s abuse of alcoholic beverages/drugs, cruel treatment of family members/other immoral behavior in the family (including the former).

How much is the state fee for filing a claim?

A document confirming payment of the state fee must be attached to the claim. Its size is determined as follows.

According to clause 5 of PP RF Armed Forces No. 56, the rules for claims of a property nature subject to assessment are applied to claims of alimony payers for exemption from their payment - clauses. 1 clause 1 art. 333.19 Tax Code of the Russian Federation.

In accordance with paragraphs. 2 p. 1 art. 333.20 of the Tax Code of the Russian Federation, the price of a claim for a request for exemption from alimony payment is determined according to the rules of clause 7, part 1, art. 91 of the Code of Civil Procedure of the Russian Federation - for claims for termination of payments, based on the totality of remaining payments, but not more than for a year.

Disabled people of groups I and II are exempt from paying state fees when going to court - paragraphs. 2 p. 2 art. 333.36 Tax Code of the Russian Federation. To confirm the benefit, it is necessary to attach to the claim/application documents confirming that the plaintiff belongs to the benefit category.

Important! If the plaintiff does not indicate the price of the claim, the court will leave it without motion - Art. 136 Code of Civil Procedure of the Russian Federation.

How to file a claim

A statement of claim can be filed with the district court in one of the following ways:

• Via postal service.
• In person/through a representative to the court office at the defendant’s place of residence.
• Electronically through the State Automated System “Justice” portal on the court’s website.

When filing a claim in person through the court office, you should print out a second copy to indicate receipt.

Which court should I go to?

In accordance with Art. 23 of the Code of Civil Procedure of the Russian Federation, as amended by 451-FZ, in force since October 1, 2019, cases arising from other family legal relations are excluded from the jurisdiction of justices of the peace. In this connection, at present, magistrates have jurisdiction only over the issuance of a court order for the collection of alimony.

The remaining cases arising from these relations, including demands for exemption from alimony payments/debts, are subject to the jurisdiction of district (city) courts, regardless of the cost of the claim.

Claims of alimony payers for exemption from their payment/debt, in accordance with Art. 28 of the Code of Civil Procedure of the Russian Federation is subject to the jurisdiction of the court at the place of residence of the defendant - clause 2 of the RF Supreme Court No. 56.

How to refuse payment of alimony at the request of the recipient?

In matters of exemption from alimony payments, it is important to reach the recipient’s agreement to this. The payer cannot initiate this process, but in practice it is at his request that the refusal begins.

There are three options by which you can refuse to pay obligations to support those in need. The first is a situation where the obligations were assigned by agreement between the parties. In such a situation it is necessary:

1. Agree among themselves, establish a procedure for exemption from paying alimony, maybe other conditions will be offered in return. Based on this, draw up a new version of the voluntary agreement.
2. Appear before a notary to have him certify the document; this requirement is specified in Art. 100 IC RF. At the same time, it is important to reflect the reasons for refusing alimony, that is, to prove the financial viability of the recipient. Otherwise, the notary may not take responsibility for certifying the document.
3. Based on the results of the agreement, all obligations are completed, that is, if there was an agreement that the payer is exempt from paying alimony, but in return gives away some property, then after certification by a notary, this must be done. For example, in accordance with Art. 104 of the RF IC, monetary compensation can be replaced with property.

An approximate example of an agreement on the payment of alimony is available.

The second option for refusing to pay alimony is court proceedings. In this situation it is necessary:

1. Do not file a separate demand, a statement of claim for the collection of alimony, which will facilitate future activities. Otherwise, the court may not take into account the changed opinion of the parties.
2. During the court hearing, express the intention to draw up a settlement agreement on the release of alimony. It is important that this initiative is supported by the second party to the proceedings.
3. Draw up an agreement in free form, in writing. In such a situation, the judge will help you draw up the document correctly. The procedure for drawing up the document is determined by Art. 173 Code of Civil Procedure of the Russian Federation.
4. Based on the results of the trial, the judge will make a ruling on the recognition of the settlement agreement and the formulation of its terms.

The next option for exemption from paying alimony is a situation in which enforcement proceedings have already been formed by the bailiffs. Then you need:

1. If a court decision has been made and a writ of execution has been received, you can inform the bailiff that you do not need to forcibly collect money from the payer.
2. If the writ has already begun to take effect and the bailiffs are actively doing their job, you can go to the department and write an application to revoke the writ of execution.
3. The bailiff will guide you in each specific situation and help you resolve the issue. In such a situation, Art., Federal Law “On Enforcement Proceedings” comes into force.

IMPORTANT
In the process of exemption from alimony, it is best not to bring the matter to court, but to resolve all issues peacefully. Contacting the competent authorities will significantly delay the process and take a lot of effort.

Will they be exempt from child support after 18 years of age?

When a child reaches the age of majority, it does not cancel alimony arrears.
Many citizens are concerned about whether alimony debts can be written off after the child reaches adulthood. The main misconception is that after turning 18, the debt is canceled. However, it is not.

In accordance with the norms of the Family Code of the Russian Federation, parents are obliged to support their children until they reach the age of majority, and in some cases even after (adult disabled children). If the payments were made by the payer in good faith, upon the child’s 18th birthday, the parents’ obligations cease. However, this is only possible if there is no debt.

If the alimony payer has a debt and the child is 18 years old, the bailiff does not have the right to terminate enforcement proceedings on this basis.

In addition, there is no statute of limitations for alimony obligations. If the father/mother has not paid child support, for example, since the child turned 14 years old, the debt to pay it for 4 years will not disappear, which is a guarantee of respect for the child’s rights. It is possible to get rid of it only in court if there are good reasons.

Is it always necessary to go to court?

The need to file a claim in court depends on who is paying alimony and on what basis.

Articles on the topic (click to view)

• Assignment of the right to claim under alimony obligations is possible
• Formula for calculating penalties and fines for alimony: sample
• What are the consequences of non-payment of alimony in 2021?
• Criminal liability for non-payment of alimony under Art. 157 of the Criminal Code of the Russian Federation
• Is alimony from financial assistance withheld for vacation?
• Find out the debt by name from the bailiffs for alimony
• Reducing alimony debt over the past period

Collections can be made according to:

• contract (agreement) on alimony;
• court order;
• court decision.

If the parties (or their representatives) entered into an agreement on alimony in the manner established by Ch. 16 of the RF IC, the debt, as well as the penalty, can be canceled by agreement of the parties . This procedure is possible if payments are not assigned to children under 18 years of age, otherwise the rights of minors will be infringed.

In all other cases you will have to go to court.

What does judicial practice say?

The category of alimony cases is quite difficult to consider from the point of view of ethics and morality, since the child is not to blame for the separation of his parents and has every right to decent provision. However, sometimes the alimony payer can challenge such payment.

An analysis of the materials in this category of cases indicates that most often alimony payers go to court with a demand for exemption from their payments/debts due to a change in the child’s place of residence and difficult financial/family situation.

Below is a brief overview of judicial practice, which allows us to find out how legal norms of legislation are applied when courts consider this category of cases.

A review of judicial practice allows us to draw the following conclusions:

1. The court will exempt the payer from paying arrears of alimony in the presence of two circumstances: the debt arose for good reasons (his military service/his incapacity for work, etc.) and his difficult financial/family situation did not allow him to pay off this debt - case No. 2-8080/ 2019, case No. 2-25/2020.
2. If the child lives with the plaintiff on a permanent basis, the court may release the payer. At the same time, as supporting evidence, the court accepts: documents (certificate of registration of the child/certificate of family composition, etc.), testimony of the minor himself/witnesses and the period of residence of the child with the plaintiff - case No. 2-472/2019, case No. 2- 1348/2019, case No. 2-3362/2019.
3. In cases of challenging paternity and exemption from payment of alimony, the courts take into account the results of the examination or the petition for its conduct (if the defendant evades its conduct) in conjunction with other evidence in the case - case No. 2-88/2020, case No. 44-KG19 -17, case No. 2-8134/2018.

How to file a claim?

The claim is drawn up in free form. The text will need to indicate the mandatory information provided for in Article 131 of the Code of Civil Procedure of the Russian Federation:

• name of the magistrate or district (city) court;
• information about the payer and recipient (full name, addresses, contacts);
• information about the writ of execution on the basis of which alimony should be transferred;
• a description of the circumstances that gave rise to the debt;
• justification of the valid reasons for the delay with reference to evidence;
• references to legal norms;
• request to release the payer from the alimony debt in whole or in part;
• list of applications;
• date and signature.

The preparation of the claim can be entrusted to a professional lawyer. When transferring the authority to sign a document to him, a notarized power of attorney should be drawn up. If you have any questions about drafting an application and executing a power of attorney, we recommend that you consult with a family law attorney.

FAQ

Q: Is it possible not to pay child support if the child lives with the payer?

A: Living with a child who pays child support does not relieve him of the obligation to pay it. He needs to apply to the court for exemption from paying them due to a change in the child’s place of residence. After the decision comes into force, you will receive a writ of execution. It should be presented to the bailiffs or the employer to cancel the penalty.

Q: Is the birth of the payer’s second child a basis for exemption from paying alimony?

A: According to Art. 119 of the RF IC, the court has the right to change the amount of alimony established in court if the family/financial situation of the payer has changed. At the same time, he must prove that due to the costs of the second child, he cannot make payments in the same amount. Payment cannot be canceled in full on this basis.

Q: If the court rejects the payer’s claim for release from alimony obligations, can he file a claim to reduce the amount of payment?

A: A court decision to refuse exemption from payments does not deprive the alimony payer of the right to file a claim in court to reduce their amount.

Refund of alimony

You can return funds transferred in the form of alimony if the following grounds exist.

1. If, due to the provision by the recipient of alimony of false documents or information, the judicial act that established the payments was canceled .
2. If the agreement on the conditions of child support was declared invalid due to its conclusion using threats, violence, or deception on the part of the recipient of funds.
3. If a court verdict has entered into legal force, by which the persons who falsified the court decision, writ of execution or alimony agreement are found guilty of committing a crime.
4. If a man disputes paternity of a child for whose maintenance he transferred funds, proving that the mother initially misled both him and the court regarding paternity (in this case, the transferred funds can be returned only for 3 years preceding the court decision on challenging paternity).
5. If there was an erroneous deduction of funds by employees of the accounting department of the organization in which the payer is employed and which makes deductions from his wages, including due to a mechanical, computer error or due to untimely notification of the enterprise about those changes that affect the amount of payments or the need for their production.

Remember

1. Release from alimony obligations is possible only through court proceedings.
2. This category of cases falls under the jurisdiction of district (city) courts.
3. The list of grounds for termination and exemption from payment of alimony is given in the Family Code of the Russian Federation.
4. The burden of proving the grounds for exemption from payments rests with the payer.
5. After receiving the writ of execution, the payer should contact the bailiffs or his employer to release him from alimony.

Are you a claimant or a payer? Do you plan to go to court in the near future for an exemption from paying alimony?

How to calculate debt?

The most important thing is that in order to be able to collect arrears of alimony through the court, you need to make the calculations without errors. Article 115 of the Family Code of the Russian Federation will help with this, which provides for the imposition of a penalty in the amount of 0.5% of the debt amount for each day of delay.

Moreover, the interest is calculated from the amount of debt that has already been accumulated. If the calculation is incorrectly drawn up, or if sufficient EVIDENCE of the non-receipt of funds by the collector and the actual evasion of the debtor from alimony obligations is not presented, the judge may leave the claim without progress, after which he will return it back to the applicant.

Moreover, this calculation will have legal force after it is endorsed by the bailiff.

THE CALCULATION FORMULA will depend on the method in which alimony was previously collected.

• collection of alimony in a fixed sum of money (if the debtor has irregular, changing earnings), calculated based on the cost of living for the child;
• collection of alimony in proportion to earnings/total income (for one child - ¼ part, for two children - 1/3 part, for three or more - half).

NOTE: If the child has reached the age of 18, then the child support debt does not disappear; the negligent parent is still obliged to pay. You just have to calculate differently now. And an adult son/daughter can now demand a penalty by independently going to court, without the participation of the mother.

Challenging paternity

If the child is not adopted, but born into the family, the father is obliged to pay child support in his favor. At the same time, if the fact of paternity is disputed, the person’s child support obligations will be withdrawn, but the money previously paid will not be returned.
To carry out the procedure for waiving alimony through challenging paternity, it is necessary to provide the court with the conclusion of a DNA examination about the relationship of the man with this particular child.

Such an examination can be carried out both outside the courtroom, if it is possible to take genetic material from a minor, and with the help of a court, if the plaintiff does not have such an opportunity (physical, not material).

Half of the cost of the examination can be recovered from the defendant if the fact of lack of relationship is proven.