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

This may seem strange, but a woman’s refusal to pay child support after a divorce is a very common occurrence.

Despite the apparent illogicality (from the outside it is almost impossible to understand the meaning of refusing money, which, as you know, is not superfluous when it comes to meeting the needs of a child), women have very good reasons for making such decisions.

Another thing is that refusal of alimony gives rise to many other questions. What exactly is it caused by? How can this be accomplished? How to do this in accordance with legal requirements? What legal consequences may result from refusal of alimony?

All these and some other questions will be discussed in this article.

Is it possible to refuse alimony?

Current legislation does not provide for such a thing as waiver of alimony. The purpose of such payments is to ensure a decent standard of living for the child. It is the child, not the parent, who has the right to receive them. Therefore, it will not be possible to officially refuse alimony payments in court.

In most cases, the refusal of alimony deductions occurs illegally - after the divorce, the parties agree that no one owes anything to anyone. This is not the best option.

If the guardianship and trusteeship authority establishes the fact of improper maintenance of the child and that alimony is not being received due to refusal of it, it has the right to independently file a claim for its recovery from the minor - clause 3 of Art. 80 IC RF.

However, refusal to pay is still permitted under certain circumstances and subject to the parties meeting a number of conditions, which I will discuss in more detail below.

Important! If the marriage was not registered, the issue of paying alimony need not be raised.

Is this allowed by law

It often happens that a person gets married and, at the request of his wife, takes custody of her children. And after the divorce, the ex-wife files for alimony. When such a situation arises, almost every person asks the question whether it is possible to cancel the decision made. The answer to this question is indicated in Article 140 of the Family Code and in Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 20, 2006 No. 8.

Who can initiate

It depends on how the alimony payments are made and at what stage the collection is at:

• If they are established by an agreement on the payment of alimony, the initiator of the refusal can be either the payer (by offering, for example, to provide property to the minor) or the recipient. The main thing is to reach an agreement on termination of the agreement and have it certified by a notary, otherwise you will have to resolve the issue in court.
• When assigning payments through a court order, an objection can be filed by the ex-husband within 10 days from the date of receipt of the court act. But after the document is cancelled, they can be recovered through legal proceedings.
• When collecting payments under a writ of execution, only the recipient has the right to initiate its revocation and, accordingly, refusal to collect them.

When challenging paternity/cancelling child support payments when the child’s place of residence changes, the payer will have to file a claim in court. If the court determines that he is not his biological father/the minor lives with him, the child support obligations will be terminated.

Important! Regardless of the method of assigning payments, the recipient has the right to re-apply for their collection. This can be done by filing a statement of claim / presenting a writ of execution to the bailiffs or at the payer’s place of work.

Legislation

The specifics of establishing, calculating and collecting alimony are regulated by several articles of the RF IC and the Federal Law “On Enforcement Proceedings”. What the Family Code says:

Thus, alimony can be assigned not only to children, but also to needy ex-wives or husbands.

Payments are established in several ways:

• By agreement of the parties. Spouses independently determine when and in what amount the payer will transfer funds. The agreement must be certified by a notary, otherwise it will not have legal force.
• By the tribunal's decision. If an agreement cannot be reached, the claimant, with whom the children remain, files a claim in the magistrate's court. Both parties are invited to the hearings, but the failure of the defendant to appear is not grounds for making an unsatisfactory decision on the claim.
• By order of the court. The claimant may apply for a court order. The document is drawn up without the presence of the parties within five days, but the alimony obligee can challenge it within 10 days after registration. That is why it is recommended to obtain an order if there are no disagreements with your ex-spouse.

Important! Recipients can be both women and men - the legislation does not divide parents in this case by gender. The main condition is the presence of common dependent children, and then the payer will be the one who lives separately from the former family and does not support minors.

How can a mother refuse child support?

Quite often, a woman who refuses payments does not even think that this money is intended not for her, but for the child. By refusing child support payments, the mother is acting just as illegally as the father who does not pay them.

If the mother does not provide normal living conditions for the child and at the same time refuses payments, she may be held liable for improper performance of parental responsibilities, up to and including deprivation of parental rights.

What are the reasons for refusing alimony?

The reasons why a mother voluntarily refuses child benefits are the following:

• Strained relations between ex-spouses.
• Verbal agreement between parents on its content.
• Lack/low income or other unfavorable life situation of the payer.
• Change of place of residence of the child (moving to his father).
• Transfer by the payer of property/large sum of money towards payments for the entire period (if a notarial agreement on the payment of alimony has been concluded).
• Her high level of income and the ability to independently provide for her child without the help of his father.
• Family reunification.

How to voluntarily refuse

Make sure that your refusal does not violate the rights of the child.
The following methods of voluntary refusal are available:

1. An agreement between the parents not to bring the matter to court/enforcement proceedings.
2. Termination of a previously concluded notarized agreement on the payment of alimony by agreement of the parties. This is done by contacting the two parties to a notary to certify the termination agreement - clause 2 of Art. 101 IC RF.
3. Nolle prosequi.
4. Revocation of the writ of execution from the FSSP (Federal Bailiff Service).

How can I apply?

You can do this in three ways:

1. Notarize the agreement.
2. Resolve the issue with the bailiff.
3. Get a court decision.

You just need to understand that in each of these cases you will have to prove your reasons for refusal. If the case comes to court, you will need to explain that your financial situation allows you to perfectly raise a child without the help of a second spouse. You will also need to make sure that each party is ready for such a refusal. It may also happen that your husband will not accept your decision.

What are the consequences of refusing payments?

The consequences of refusal depend on the collection method chosen by the parties:

1. Agreement on termination of the document on payment of alimony - alimony obligations are terminated.
2. Court order - if it is canceled by the alimony obligee and the claimant does not apply through the claim proceedings, payments are not assigned. However, the recipient has the right at any time before the child comes of age to file a claim for their recovery.
3. Writ of execution - when the document is recalled by the claimant, the enforcement proceedings end. However, it can be presented again to the bailiff service an unlimited number of times. Revocation of the writ of execution stops the accrual of payments, but does not cancel the debt.

Is it possible to notarize payments - instructions

If a notarial agreement on the payment of alimony has been concluded between the parties to an alimony obligation, they have the right to apply to a notary for its termination. In this case, the document must be drawn up in writing and subject to notarization. The algorithm of actions in this case is as follows:

1. The parties reach agreement on the terms of termination of the contract.
2. Drawing up an agreement. You can draw up the document yourself, or ask a notary to draw it up.
3. Preparation of necessary documents.
4. Payment of the state fee for notarization of the termination agreement in the amount of 200 rubles. - Part 1, Clause 12, Art. 333.24 Tax Code of the Russian Federation.
5. Certification of the agreement by a notary.

If a party does not agree to terminate the document, the other has the right to go to court.

What should the agreement contain?

It states:

• Place of detention (populated area).
• Date of conclusion: day, month and year.
• The title of the document is “On termination of the agreement to pay alimony.”
• Full names of the parties, passport details and place of registration/residence.
• Information about the child - full name, date of birth and who is provided to him by the parties.

• Date, number of the originally concluded agreement.

• Information about the notary.

• Signatures of the parties.

What documents will be required

To have an agreement certified by a notary you will need:

• Passports of the parties.
• Draft agreement or draft version thereof.
• Children's birth certificates/passports for children aged 14 to 18 years.
• Marriage/divorce certificates.
• Receipt for payment of state duty.

Important! An additional fee may apply for the service of preparing an agreement by a notary.

Agreement on termination of alimony payment agreement (DOC 30 KB)

Through the court

The agreement to pay alimony can be terminated in court. If the father gets sick, loses his job, or becomes disabled, he can ask for a reduction in the amount of alimony.

If the mother does not agree to reduce the amount voluntarily, then the man can go to court and cancel the agreement.

But this requires good reasons:

• when signing the agreement, the man was declared incompetent;
• when signing, the father was under the influence of alcohol or drugs;
• his mother tricked or threatened him into signing the document;
• My father's financial condition deteriorated greatly.

It is difficult to challenge a notarial agreement. But there are such cases in judicial practice.

Documentation

Before going to court, you must prepare the following documents:

• the applicant's civil passport;
• child's birth certificate;
• old copy of the agreement;
• statement of claim;
• receipt of payment of state duty (300 rubles);
• evidence that the agreement violates the father's rights.

Sample claim for challenging a notarial agreement

The statement of claim must include the following information:

• name of the district or city court;
• Full name, registration addresses, passport details of the parties;
• name of the claim;
• information about the conclusion of the agreement;
• grounds for cancellation of the agreement;
• reference to law;
• claim;
• list of documents for the claim;
• date and signature.

Sample claim

How to refuse payments during a trial

Refusal to collect alimony is possible at any stage of the civil process.
If a claim for alimony has already been filed in court, you can refuse alimony payments in the following way. The child's mother has the right to waive the claims and the court terminates the proceedings.

How to refuse a claim

The consequences of such a waiver of claims will be the impossibility of re-filing a claim in a dispute between the same parties and about the same subject - Art. 221 Code of Civil Procedure of the Russian Federation. In this case, the waiver of the claim must be unconditional. That is, the plaintiff does not have the right to make the condition of refusal dependent on the commission of any actions by the defendant/other persons.

It turns out that the plaintiff must simply believe the unfounded promises of the defendant. I do not recommend abandoning the claim. You should wait until the trial is completed and receive a writ of execution. After which you can decide whether to present it for execution or not.

Sample application for waiver of claims (DOC 22 KB)

What to do if the mother has already abandoned the claim and it is accepted by the court

You cannot submit a claim similar to the original one; it will be rejected. If the father of a minor fails to fulfill his obligations/stops making payments, the mother has the right to file a lawsuit to recover them, having previously changed the subject/grounds of the claim.

For example, if a claim was previously filed for the recovery of payments as a share of income, now you can file a claim for their recovery in a fixed amount of money (if there are grounds for this).

If the claim was considered in a district (city) court, you can contact the magistrate with an application for a court order. In this case, there will be a different date and, accordingly, a different period.

How to enter into a settlement agreement

At any stage of the legal process, the parties can sign a settlement agreement, which specifies the order of child support. It will not be possible to refuse payments, but the parties can agree on individual terms that are convenient for the parties. The main thing is that they do not violate the interests of the child.

In the article Settlement Agreement on Child Support, I talked about this in more detail.

Sample alimony settlement agreement (DOC 19 KB)

How to refuse payments after receiving a court decision

The easiest way to refuse to pay alimony in this case is not to present the received writ of execution for collection. However, situations are different. After the decision is made, the writ of execution can be sent for enforcement to the bailiff service or to the payer’s place of work.

Next, we will consider in more detail the algorithms of action in these cases.

How to refuse if a writ of execution is presented to the bailiffs

Refusal is possible based on an application from the claimant or payee:

1. On the revocation of the executive document.
2. On termination of enforcement proceedings.

Next we will consider them in more detail.

How to revoke an executive document

The possibility of returning the writ of execution to the claimant upon his application is provided for in Art. 46 229-FZ. At the same time, the return of the writ of execution to the applicant does not prevent its repeated presentation for execution.

Follow the following algorithm:

1. Submit an application for revocation of the writ of execution.
2. Submit an application to the bailiff service at the place of enforcement proceedings. For this you only need a passport.
3. Receive the original writ of execution/court order and a copy of the resolution on the completion of enforcement proceedings in person/via mail (a copy of the resolution is sent to the parties to the enforcement proceedings no later than the next day after its issuance - clause 6 of Article 47 229-FZ).

How to make an application

The statement states:

• Name and address of the FSSP.
• Full name of the bailiff conducting enforcement proceedings.
• Full name of the claimant, place of registration/residence.
• Full name of the debtor, place of registration/residence.
• Date and number of the judicial act on the collection of alimony.

• Data from enforcement proceedings.
• Reason for revocation of the writ of execution.
• Request for return of document.

• Date, signature.

Sample application for revocation of a writ of execution for the collection of alimony (DOC 14 KB)

How to terminate enforcement proceedings

Please note that the concepts of revocation of a writ of execution and termination of enforcement proceedings are not the same thing. The latter is possible only if there are grounds provided for in Art. 43 229-FZ.

This may include:

• Court approval of a settlement agreement on reconciliation between the claimant and the debtor.
• Adoption by the court of an act terminating the execution of the writ of execution issued by it.
• Cancellation of a judicial act on the collection of payments (court decision/court order), which is the basis for issuing a writ of execution.
• Recognition by the court of an agreement on the payment of alimony as invalid, etc.

In this case, the payer should apply to the court to terminate enforcement proceedings. Based on the results of its consideration, the court makes a decision, which will be the basis for the bailiff to terminate it.

Sample application for termination of enforcement proceedings (DOC 13 KB)

How to refuse if alimony is collected through the employer

If the writ of execution was presented directly to the employer, revocation is also possible. The procedure is similar to the withdrawal of a writ of execution from the bailiff service. Follow the following algorithm:

1. Draw up an application for revocation of the writ of execution.
2. Present it to the head of the organization in which the document is being executed.
3. Receive the original writ of execution in person/by mail.

Important! The revocation of the writ of execution by the claimant is not an indefinite guarantee of his refusal to pay. The document may be presented again. At the same time, you have the right to demand the recovery of not only current payments, but also the debt for the last 3 years - clause 1 of Art. 113 RF IC.

Sample application for revocation of a writ of execution from an employer (DOC 12 KB)

If you haven't filed for child support yet

Everything is simple here. This is the best moment when you can refuse them, or not make such demands. However, remember that this issue will definitely arise in court. You should prepare in advance certificates, documents and witness statements that will confirm your financial situation. Most often they ask for a certificate from their place of work.

If the matter does not go to court, you can resolve this issue peacefully by drawing up an agreement with a notary. Just remember that here you will also need to show documents about your sources of income.

How to refuse child support to your father

Be prepared to defend your interests in court.
A father does not have the right to unilaterally refuse to fulfill his obligations to support a child. However, due to difficult financial/family situation, the payer has the right to ask the court to reduce the amount of payments or exempt him from paying them. In the articles Reducing child support at the birth of a second child, Exemption from paying child support, I talked about this in more detail.

How to cancel child support after challenging paternity

If, when challenging paternity, the court determines that the man is not the biological father of the child, his alimony obligations will be canceled, and the record of his paternity will be canceled by the registry office - Art. 75 143-FZ. From this moment on, he is released from the responsibilities of a parent provided for by the RF IC.

Next, he should contact the bailiff conducting enforcement proceedings or his employer to cancel the collection of funds for the future.

What does judicial practice say in cases of challenging paternity?

In this category of cases, when making decisions, the courts take into account the results of a genetic examination or a petition for its conduct (if the defendant evades its conduct) in conjunction with other evidence in the case:

• Explanations from parties/third parties.
• Testimony of witnesses.
• Written/physical evidence.
• Audio and video recordings, etc. - case No. 2-88/2020, case No. 44-KG19-17, case No. 2-8134/2018.

How to refuse payments for an adopted child

If the child’s mother entered into a new marriage and her current husband adopted him, the biological father’s alimony obligations are terminated - paragraph 3 of clause 2 of Art. 120 IC RF. Since such children lose personal non-property and property rights and are released from responsibilities towards their parents.

An exception is if, when adopting a child, this parent retained the above rights and obligations - clause 3 of Article 137 of the RF IC.

If, at the time of entry into legal force of the court decision on adoption, the alimony payer has arrears of alimony, the issue of exemption from payment/reduction is resolved by the court at the claim of the specified parent - clause 37 of the RF Supreme Court No. 56.

How to cancel child support when a child moves to his father

If, after the collection of alimony payments, the child for some reason went to be raised and supported by his father, the latter must go to court. In this case, a claim is filed for exemption from payments due to a change in the child’s place of residence.

In this case, the court must provide evidence of the child’s residence with the father:

• Certificate of registration at the place of residence.
• Checks/receipts confirming expenses for his maintenance/upbringing.
• Certificate of family composition.
• Witness's testimonies.

After the court decision enters into legal force, the father must contact the bailiff service at the place where enforcement proceedings were initiated or his employer to cancel the collection of funds.

Will abandoning a child exempt from payments?

There is a widespread misconception in our society - voluntary abandonment of a child relieves his parent of the obligation to pay child support. However, it is not.

The fact is that current legislation does not provide for the possibility of voluntary abandonment of a child by one of the parents. However, if a number of conditions are met, this can be done. In this case, the procedure is in the nature of adoption and is implemented as follows:

1. The minor's parents are divorced, the child lives with his mother. She entered into a new marriage, her husband is ready to adopt a child, and his biological father agrees to this.
2. Obtaining the consent of the child being adopted—this requirement applies to children from 10 years of age. If he lived in the family of the adoptive parent and considers him to be his parent, the adoption can be carried out without receiving it - Art. 132 RF IC.
3. Registration by the child’s father with a notary of consent for his adoption - Art. 129 RF IC.
4. The mother's application to the court for the adoption of a child.
5. The court makes a decision on the adoption of a child. After it comes into force, the biological father’s alimony obligations are considered terminated - paragraph 2 of paragraph 2 of Art. 120 IC RF.

Is it possible to refuse payments if parental rights are terminated?

Many believe that deprivation of parental rights automatically exempts the parent from further payments. However, it is not. You will still have to pay child support, since the rights, not the responsibilities, of the parent are lost. An exception to the rule is the adoption of a child.

In this case, the parent deprived of parental rights may apply to the court to exempt him from paying alimony in connection with the adoption of his child by another person.

The procedure in this case will be as follows:

1. Collect the package of documents required to file a claim.
2. Prepare a claim. In it, state the circumstances of the case: when the court decision was made to collect payments, how they were paid, for what reasons the payer was deprived of parental rights, when the child was adopted, etc.
3. Determine the court that will hear the claim - the district (city) court at the defendant’s place of residence.
4. Check 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. Participate in court hearings.
7. After the court makes a positive decision for the plaintiff, wait until it comes into force and receive a writ of execution.
8. Present the writ of execution to the bailiff service or employer to cancel the payment of alimony payments for the future.

How is a receipt for the termination of receipt of money drawn up?

Such a paper is not endowed with any legal force when it does not complement the above-mentioned documentation, with the help of which it is possible to achieve agreement between former lovers. The issue regarding alimony obligations is extremely relevant and important. That is why you should not make hasty decisions and conclusions. Before taking any rash step, it is easier to consult with a highly qualified lawyer, lawyer, or notary.

In addition to all of the above, it will be possible to draw up the necessary agreement if you have the appropriate documents that can confirm your identity:

• when the guardianship authorities do not interfere;
• both parents reached a consensus.

Quite often situations arise when judicial authorities decide to award mandatory alimony payments. If the recipient is against the verdict, to refute the decision, you must go to the office, after which you should pick up the writ of execution. Next, you will need to make a visit to the bailiffs so that they put the appropriate mark confirming their reluctance to receive financial assistance from the ex-spouse.

Based on modern Russian legislation, if you formalize a refusal in this way, it is possible to stop unwanted production.

Is it possible to refuse alimony towards an apartment/share in it?

The possibility of replacing alimony with the transfer of property is provided for in Art. 104 RF IC. In this case, the parties have the right to agree on any thing of value to the child. For example, an apartment/house/land/share in a property, etc.

However, the transfer of property for payments is possible only upon execution of a notarial agreement on the payment of alimony. Please note that transfer of rights to real estate with an encumbrance (restriction of ownership) is not allowed.

If the alimony payer evades the transfer of the apartment/share in it specified in the agreement, the recipient has the right to contact the bailiff service for its forced seizure and state registration of rights to it.

Voluntarily

The notarial agreement on alimony ceases to be valid if the child turns 18 years old. And it can be terminated if the child is emancipated or adopted.

In other cases, the notarial agreement cannot be canceled. A notary will not certify a transaction that violates the rights of a minor to alimony.

Therefore, parents can enter into another agreement that provides for another option for paying child support:

1. Transfer of property on account of alimony obligations (Article 104 of the RF IC).
2. Transfer of a large sum of money for a certain period or until adulthood.
3. Reducing the amount of alimony. But not lower than the amount that could be recovered in court. That is, ¼ share for one child, 1/3 share for two children and ½ share for three children or more.

In order to change the agreement, the consent of the mother and father is required. The child's opinion is taken into account if he is over 14 years old.

To make changes in 2021 you need to pay:

• 250 rub. – state duty;
• 8,000 rub. – legal and technical services (for remote service RUR 9,174)

You can pay the fee directly at the notary's office. The notary will accept the money and issue a receipt.

Procedure for drawing up an agreement:

1. The parties agree on the essential conditions, date and place of conclusion of the contract.
2. They enter into an agreement after paying the state fee in advance.
3. One copy is taken for each person.
4. The third remains with the notary for safekeeping.
5. The property is registered in the child's name.

The agreement must indicate that from the moment the rights to the property are transferred, the mother waives her claims and will not demand alimony.

Documentation

When visiting a notary's office you will need:

• passports;
• child's birth certificate;
• old copy of the agreement;
• certificate of ownership (if property is transferred);
• bank account details (if money is transferred).

Sample agreement to waive alimony for an apartment

The form of the additional agreement is not established by law.

It must contain the following information:

• date and place of registration;
• Full name, registration addresses, passport details of the parties;
• Full name, date of birth of the child, information from the child’s certificate;
• date of conclusion of the previous document, number;
• an instruction to cancel the terms of the agreement and transfer money or property towards alimony;
• date of entry into force of the agreement;
• number and signatures of the parties.

Sample agreement

Read more about transferring an apartment for alimony.

FAQ

Q: How can I refuse child support from a mother during marriage?

A: If alimony for the maintenance of a minor is collected during marriage by obtaining a writ of execution, it is sufficient simply not to present it for execution. If enforcement proceedings are already underway on it, submit an application to the bailiff service to revoke it.

Q: Is it possible to refuse alimony in a divorce?

A: Yes, yes. Provided that such a refusal does not violate the rights of the minor, and the mother/father can independently provide him with decent maintenance without child support payments from the other parent. However, if the guardianship and trusteeship authority decides that these conditions have been violated, the parent may be held accountable.

Q: How to formalize a permanent waiver of alimony?

A: It is not possible to issue a permanent waiver of child benefits. However, alimony obligations terminate: 1) when he reaches 18 years of age; 2) upon his adoption; 3) death of a child; 4) upon restoration of working capacity/cessation of need of an adult child - Art. 120 IC RF.

Q: Can I draw up a receipt/written waiver of alimony?

A: It can be drawn up, but this document will not have legal force.

Q: Is it possible to refuse alimony and then file a writ of execution again? Will the payer have a debt?

A: Yes, yes. In this case, the collection of alimony payments for the past period is made for the last 3 years preceding the presentation of the writ of execution/notarized agreement for collection.

Q: The ex-wife refused alimony, what does this mean for her ex-husband?

A: If the ex-wife does not go to court with a claim for alimony/does not present the writ of execution to the bailiffs/evades receiving it, this is her personal decision and responsibility. If the payer is to blame for the arrears in alimony payments, then it is collected for the entire period during which they were not paid.

Examples of acceptable situations

There are several cases that give the right to such actions:

1. Appeal to the courts of first instance to file a claim to establish paternity and cases of judicial confirmation of the absence of any family ties with children/child;
2. When children transfer to full financial support of the person who previously paid alimony.
3. In case of failure to fulfill obligations on the part of parents/guardians towards a minor.
4. In case of restoration of full working capacity of the person receiving child support.
5. Significant changes in the financial situation of the recipient.
6. The recipient does not feel the need for payments of this kind.
7. Actual adoption of a child by an outsider.

All listed cases of refusal are considered through judicial proceedings.

If circumstances arise that could affect the termination of obligations to pay alimony, an appeal to the judicial authorities is not required. These include:

• The fact that the child has reached legal adulthood;
• Death of the recipient himself;
• An incapacitated person acquires legal capacity;
• Registration of the new marriage of the spouse receiving alimony.

Crib

1. The current legislation does not contain provisions providing for the waiver of alimony. Therefore, it will not be possible to go to court with such a claim.
2. Both the recipient and the payer of alimony have the right to initiate refusal of payments. In this case, the latter has the right to formalize such a refusal only in court if there are compelling reasons.
3. Depending on the method and procedure of collection, refusal can be carried out in pre-trial/judicial proceedings or at the stage of enforcement proceedings.
4. Deprivation of parental rights does not relieve such a parent from the obligation to support the child.
5. The voluntary refusal of the recipient of payments does not cancel his right to receive them. At any time, he can resume the collection procedure by filing a claim in court/sending a writ of execution to the bailiffs.

How did your friends resolve the issue of refusing alimony? Which method of refusal is most appropriate for you?

When the ex-spouse continues to pay alimony

It happens that the refusal of financial assistance from the ex-spouse is the result of an emotional outburst of the child’s mother. If, at the same time, the former spouse wishes to continue making payments ordered by the court or according to a voluntary agreement of the parties, then it is almost impossible to stop or terminate the payment of alimony.

In this case, the termination of payments can occur only in the presence of circumstances that are approved in the Family Code of the Russian Federation, for example, the child reaches the age of 18 or in the event of the death of a spouse. In addition, deprivation of parental rights of a parent or when any compromise is reached between the parties are also reasons for the cancellation of child support.