How to cancel child support if they are recovered from the second parent of the child in court? In this case, there may be several answers. Most often, child support payments are discontinued due to the age of the child. Nevertheless, there are also such cases when the payment of alimony ceases in connection with the death of the father or the child himself. You will learn about how to abolish child support under the law, and what documents are required for this, from this article.
What you need to know
Unfortunately, but even the strongest and happiest unions often break up, children remain with one of their parents (most often with their mother). The second legal representative is required to maintain his offspring until they are of legal age.
Nevertheless, the failure to pay child support now will not surprise anyone. Moreover, there are also such fathers who do not officially want to work, hide their income, evade communication with the baby and even submit documents to the judicial authority testifying to a very low level of income. This is all done in order not to pay money to their ex-wife and their children for their maintenance.
Moreover, sometimes even men wonder how to cancel child support. Can this be done by law? Or is it unacceptable? In this case, the easiest is to write a statement to cancel the court order.
This must be done no later than ten days after the issuance of this procedural document.
Where to go
Situations in life are very different. It also happens that a father pays alimony to his children, but the ex-wife wants to recover funds from him for the maintenance of their common offspring in court. In principle, this is quite true.
Here, many men are interested in the question of how to cancel the order to collect child support. This can be done within 10 days after the judge passes this procedural act. For this, a man needs to appeal to a magistrate’s court, in which a court order was issued. The application is in free form. Below is a sample of its preparation:
Justice of the Peace __________-
plot No. _________
citizen _________________
residential address _____________
telephone_____________________
Statement
_________ (indicate date) I received a court order to recover from me child support (data in full and year of birth) in the amount of _________ (must be indicated in a fixed amount or in% of earnings). I disagree with this court order for a reason (I need to write my objections).
Based on the foregoing and in accordance with Articles 128 and 129 Code of Civil Procedure,
I beg:
to cancel the court order to recover alimony from (indicate the number of orders issued).
Number_______
Signature____________
There is no need to write anything extra here. If such a statement goes to court, then the court order is subject to cancellation. In such a case, the recoverer will be able to apply to the court already with a claim for the recovery of alimony from the child's father. Most often this happens in practice.
If children have already come of age
How to cancel child support in such a case? Here it should immediately be said that the payment of funds for the maintenance of common children is possible only until they come of age. However, there is one exception. If the child’s father did not pay child support for a long time, then even when the son or daughter has reached the age of 18, child support can be collected in the last three years. This must be taken into account.
Main question
Is it possible to cancel child support if the child is not a man of the family? In this case, there are several scenarios. If the child was adopted by a man, the minor acquires the same rights as blood children. Accordingly, if the spouses separated, and the child remained to live with his mother, then the man will be required to support him until adulthood. Because the adopted child has the same rights as the native, full-blooded children.
In this case, it is almost impossible to cancel child support. Especially if the child has never had any parents (for example, they abandoned him when the baby was born or died).
A court decision on alimony can be reversed if the child’s dad filed a lawsuit challenging paternity and found that the son or daughter is not his. Similar cases are sometimes encountered in practice. After all, a person is not obliged to support someone else's child, whom he for a long time considered his own, native. Therefore, if a man disputes his paternity in court and receives an appropriate decision of the authority, then he will no longer have to transfer funds to provide for a minor. You need to know about this.
One nuance
It will not even be possible to cancel the payment of alimony if the child’s dad knew in advance that he is not the biological father of the baby, nevertheless gave his consent to the inclusion of his father in the birth certificate of the baby. This also happens in practice.
Of course, if the biological father of the child suddenly appears, who will appeal to the judicial authority with a lawsuit recognizing him as the father of the baby, then if he is recognized as the father of the child, he will have to assume obligations for its maintenance. You also need to know about this. On the basis of a court decision in the registry office, amendments are made not only to the registration book of acts, but also to the birth certificate of the baby.
For information
In the event of the death of the child support recipient (for example, the mother of the child), the baby himself does not lose the right to receive monthly maintenance from his father. The latter also has the right to appeal to the judicial authority with a statement about the cancellation of these payments if he took his son or daughter to him and continues to take care of them and financially provide for them. The application must be submitted to the judicial authority that issued the relevant decision and exacted child support. This should be known to fathers faced with a similar situation.
He became an adult until his 18th birthday.
Sometimes women turn to lawyers for help asking why their ex-husband canceled child support if their common child has not yet become an adult? Is this possible? Unfortunately, this also happens. After all, Article 120 of the Family Code indicates that the payment of funds for the maintenance of a child ceases if he becomes fully capable before the age of 18. In other words, the 16-year-old teenager went through the process of emancipation and, on the basis of a decision of the judiciary, became fully adult and no longer needed the material support of his parents. In this regard, the father of the latter, on completely legal grounds, can no longer transfer funds for the maintenance of the latter. This is the order.
Important
Once again, it is necessary to return to the question of how to cancel the recovery of alimony. After all, this interests many citizens who, for certain reasons, do not want to support their loved ones anymore. Immediately it must be said that only a court can cancel child support. Because the solution of such issues is the responsibility of only this authority.
It is also necessary to say that the cessation of payments for maintenance obligations may be provided for by an agreement notarized. In this case, the term for transferring funds for a child may be increased. For example, until the son or daughter is 23 years old and he or she graduates from university. It could be like that too.
In case of adoption by another man
How to cancel child support in a similar situation? After all, unfortunately, sometimes it happens that the couple part, and the baby's father does not want to take part in his upbringing and maintenance.
Here it is immediately necessary to say that according to our legislation the biological parent inscribed in the birth certificate of his offspring cannot refuse it himself. But if dad does not take part in the life of his child and pay him alimony, then there is a high probability that he will simply be deprived of parental rights. This in practice happens very often.
But should an irresponsible parent in such a situation pay the money of the former lover to support their common child? By law, yes. The parent is required to do this until the age of 18. But there is one caveat.
If, after depriving the biological father of the rights to the child, he is adopted in six months by another man and gives him his surname and patronymic, then, accordingly, the connection of the previous parent with the baby is completely completed. This is what you need to know. Thus, according to family law, a biological father who is deprived of his rights will no longer pay child support to his own child. After all, the last was adopted by another man. Unfortunately, but some irresponsible fathers are quite happy with this situation. Although in fact it is very sad.
In addition to the foregoing
About how to cancel the court order to recover child support, has already been said. If the former spouse does not agree that alimony for the maintenance of his child is deducted from his earnings, then he must write this in a statement and submit it to the court. Nevertheless, this does not preclude the ex-spouse from applying to the judicial authority with a statement of claim if he does not participate in the life of their child or children and does not help financially. You need to know about this. Of course, the process of recovering child support from an irresponsible father may in this case be a little delayed. Nevertheless, then a writ of execution will be issued, on the basis of which he will pay alimony to children under 18 years of age.
Of course, there are situations when spouses live together, but at the time of a quarrel, the wife decides to take revenge on her husband and submits an application to the court to recover funds from him to provide for the children. But then she may regret it. Can a child support order be revoked in such a situation? The answer here will be yes. But only if the husband writes a letter of cancellation.
Maintenance of elderly parents
Sometimes not only small children, but also the older generation needs care and material support. In this case, we are talking about parenting. After all, they once raised and provided for their children, but now they themselves may need financial support. Most often, children themselves help their parents on a voluntary basis. Nevertheless, sometimes it happens that the older generation sues their children so that they now support them. Most often this is done by citizens who did not participate in the lives of their children.
In practice, there was even such a case when the court canceled child support for the parent (father), who left children in his youth, and then appeared in old age and began to insist on recovering from his last means his support. This happened because the children appealed the decision of the justice authority to a higher authority.
It should immediately be said here that elderly parents can count on financial support from their children if they themselves raised them and supported them. You need to know about this.
Conclusion
To the foregoing, I would like to say that all parents must pay child support to the time until the kids grow up and can provide for themselves. This obligation is enshrined in law. Moreover, parents themselves can choose the form and method of material maintenance of children. For example, if dad transfers money to the mother of his babies voluntarily, then he can also buy food for them, pay tuition, and so on. But this does not mean that the second parent, with whom the children live, should not also provide them financially. You need to know about this.
Moreover, even a wife can demand support from her husband or ex-spouse if she has a child in her arms who is not yet three years old, and she cannot go to work, and the man does not live with them. However, many women do not enjoy this right.
After the child becomes an adult, he automatically loses the right to receive maintenance from his parent, who paid child support.