Alimony is a subject of ongoing debate in most families. Someone thinks that they do not need to be paid, and to someone the allocated funds seem small. Some do not know at all under what circumstances the requirement of alimony payments and the refusal of them are legal. Therefore, we have to thoroughly study the current legislation of the Russian Federation. Does a childless parent pay a child support ? And if so, in what sizes? Next, we will try to answer a similar question. In fact, everything is not so difficult. The main thing is to get a good understanding of the legislative framework of the topic being studied.
Alimony is ...
Is a parent deprived of parental rights obligated to pay child support or not? And how, if necessary, are they credited to the recipient's account?
Alimony is called regular payments that are allocated to a child or other close relative. They are usually monthly in nature. They can be assigned in different ways.
We will focus on child support. Usually parents allocate funds on a mandatory basis to minor wards. And adopted children as well. For an adult child, maintenance payments are due in case of disability and need of the recipient.
Deprivation is ...
Do child support pay for those deprived of parental rights? First you need to find out what is at stake. With alimony payments sorted out. And what is parental deprivation?
This is a necessary and extreme measure of influence on the legitimate biological parents of the child. It entails the complete cessation of parental obligations in relation to one or another minor. The decision is made only by the court and in the presence of good reason. These are usually violations of the interests, rights and freedoms of children, as well as the commission of a crime against the child / spouse. Neglect or abuse of parental authority can also lead to the deprivation of the rights of the father or mother.
Accordingly, after a person loses parental rights, he will lose all his parental authority. According to the law, kinship will cease, the right to communicate, bring up and participate in the life of a minor, too. But do they pay child support if they are deprived of parental rights?
Eternal debate
This is a rather difficult question. More precisely, it will not be difficult to answer it, but citizens often cannot decide how to behave. Deprivation of parental rights deprives a person of parental authority. That is, it will no longer be possible to communicate with the baby, or raise him, or participate in his life. But what about the financial issue?
Does a childless parent pay a child support? According to the law, the deprivation or restriction of parental authority does not exempt from liability for the child financially. This means that you still have to allocate funds. But how?
Important: child support should be paid if, at the time of deprivation of parental rights, the need for child support payments already arose.
Payment Methods
If they are deprived of parental rights, do they pay child support? Yes, and this can be done in different ways. The main thing is that everything be carried out officially. An oral agreement between the parties in such circumstances makes no sense.
You can pay child support:
- in court;
- due to the conclusion of a peace agreement.
In fact, a person will allocate funds in the same way as without deprivation of parental authority. Only in this case, a citizen will not be able to simultaneously communicate with a minor.
Court Appointment Procedure
Deprived of parental rights pays child support? Yes, but there are exceptions. Moreover, under certain circumstances, the corresponding payments can be quite legitimately reduced. We will talk about all this later. First, find out how to pay child support through the court.
In this case, an appeal is made to the district judicial authority upon registration of the defendant. The initiator can be either the prosecutor, or the guardianship authorities, or the second parent.
To assign child support, you have to act like this:
- Submit the application in the established form to the district court.
- Collect a specific package of papers and present them to the judge. It is best to do this at the time of the lawsuit.
- To participate in the court session. It will be a study of all the proposed references, and then the court will make one or another decision.
- Get your hands on a court decision. It will indicate the specifics of the appointment of alimony.
The package of papers for the court is constantly changing. It is impossible to say exactly what certificates will be required to implement the task. Nevertheless, there is a certain package of securities that you can’t do without.
Help for Court of Alimony
Does a childless parent pay a child support? Yes, but only in certain circumstances. Sometimes child support payments can be significantly reduced or not allocated at all. But we will deal with these issues later.
To file for alimony, you need to prepare:
- certificates of income of the payer;
- birth statement;
- ID of the plaintiff;
- court decision on the deprivation of parental rights (if any);
- a statement of the purpose of alimony in the past (if any);
- identity of the respondent.
In this case, it is advisable to take extracts and evidence that the citizen does not pay child support or evades the corresponding obligations.
Peace agreement and alimony
The second scenario is the payment of alimony peacefully. For this, peaceful notarial agreements are used. Usually, to conclude them, you have to act as follows:
- Form a specific package of papers. It will be less than in the case of judicial debate.
- Draw up and fill out an alimony agreement.
- Come to a notary public and sign the corresponding contract.
That's all. The recipient will be the legal representative of the child. For example, the second parent or guardianship authorities. Funds in the circumstances can be transferred directly to the recipient, or to a bank account opened in the name of the child.
Help for a notary
And what documents are needed for the appointment of alimony under a peace agreement? To understand this issue is not difficult. Especially considering the fact that contacting a notary is a lesser problem than judicial debate.
For a notarized support agreement, it is enough:
- passports of the parties;
- child support agreements;
- birth certificates of minor recipients of funds;
- certificates of deprivation of parental authority (if any).
There is no need to prove income or demonstrate your property. So, you can peacefully solve the problem of alimony payments.
Features of funds transfer
Recovery of alimony from parents deprived of parental rights in Russia is carried out by the court. Peace agreements are usually possible, but they are too rare. Often, those who are deprived of parental authority are not able to agree on financial support for minor children.
As already mentioned, in certain cases, you can significantly reduce child support or come across some features of their payment. We are talking about situations when the state takes care of a child. For example, an orphanage or medical facility. That is, when both parents are deprived of parental authority.
In this case, the funds must be transferred to a registered children's bank account. And in the case of full state support for a minor, child support payments in court can be significantly reduced.
Voluntary abandonment of the baby
Alimony, if deprived of parental rights, is paid in the amounts established by law. But as a rule, there are a number of exceptions. Which ones?
For example, you can voluntarily abandon a child. Such an operation involves giving consent to the adoption of a minor by another person. Say the new spouse of an ex-wife.
In such circumstances, citizens usually go to a notary public and apply for an adoption permit from an authorized person. After that, child support will not have to be paid. Parental responsibilities will pass to the adoptive parent, and the legal biological parent will be released from them. And you will not have to pay child support for a minor. This will be contrary to the current legislation of the country.
About the amount of payments
Alimony, if deprived of parental rights, is paid in the amounts established by law. Which ones?
You may encounter child support in a solid amount or as a percentage of earnings. In the first case, alimony payments can be no more than 1,500 rubles, and in the second it all depends on the citizen’s earnings.
It is necessary to focus on the following interest rates:
- 50% - for three or more children;
- 33% - for two minors;
- 25% - if there is 1 child.
These are the minimum interest rates on monthly earnings levied on the alimony. If the child is fully supported by the state, it is possible through the court to reduce the amount of co-financing of the minor.
Conclusion
Does a childless parent pay a child support? From the foregoing, yes. Termination of parental authority or its restriction does not cancel the obligation to maintain minors. So says the Family Code of the Russian Federation.
If they are deprived of parental rights, do they pay child support? Yes, and taking into account all the rules and principles of the maintenance of minor children established in Russia. Moreover, if you need to interrupt the parental authority of one of the parents, it is worth evaluating how beneficial it is. As a rule, the advantages of this step are obvious. Especially if the second parent (the one who is being deprived of rights) has a bad effect on the baby.
Does a childless parent pay a child support? Yes. But the child in the future in this case will be exempted from the need to maintain a parent deprived of parental rights.