Matters related to alimony and other forms of support for close relatives often lead to serious conflicts even in the strongest families. Some are wondering if you can somehow arrange a voluntary refusal of alimony. And if so, what will it lead to. Next, attention will be presented to date information that helps shed light on the questions posed. As practice shows, often the rejection of alimony is a lot of trouble. And it’s much easier to make an alimony agreement. Unfortunately, not all families can achieve this result.
Definition
Voluntary waiver of alimony is the process of renouncing a citizen or official representative of the recipient of financial assistance from monetary funds for their maintenance. What does it mean?
By voluntary refusal of alimony payments they mean an attempt to withdraw the corresponding powers from a potential alimony. In fact, the parties agree on this. But how legitimate is that moment? And how to formalize it from a legal point of view.
Legislation and Waivers
The right to refuse child support in Russian law is not regulated at the legislative level in the case of minor children. You can conclude a settlement agreement on alimony or "exchange" alimony obligations for some expensive property. Nevertheless, all this will not exempt from the rights to material support from parents.
You can voluntarily refuse the alimony assigned to needy parents. Under the law, money will be collected from all able-bodied children. If you don’t want to receive money from a specific child, you can refuse the corresponding share. How to do this is described below.
Legitimate Ways to Get Out of the Situation
The procedure for refusing child support voluntarily in Russia has not been established. To implement the task initially set, citizens must find a legal way to solve the problem.
At the moment, you can refuse child support:
- by concluding an alimony settlement agreement;
- by means of a court decision on transferring property to a citizen-recipient or a significant lump sum payment;
- by applying to the court with a waiver of alimony from a specific child.
The latter option is not too common. In this case, a person will initially have the right to material support, he simply refuses its specific share. At any time, such a decision can be changed in court.
Amicable agreement: rules for registration
The statement on the rejection of alimony is usually called the settlement agreement. This document can be executed in court or before it. It is better to use the second option. It is the least troublesome.
To conclude a settlement agreement, you must:
- Prepare a specific package of papers for further manipulations. It will change depending on the specific life situation.
- Write a settlement agreement. It must indicate the fact of refusal of financial support on a voluntary basis in exchange for certain conditions. For example, for allowing the child to leave the country unhindered, as well as for the census on minor real estate.
- Go to a notary public and, having paid for his services, sign an agreement.
You can pick up your copy of the document. Initially, the agreement is signed in several copies - one for each participant in the process. That is, it is necessary to draw up and sign at least 3 identical agreements.
Courts and Investigations
Voluntary refusal of alimony is recommended to be carried out in pretrial order. This will be the easiest solution. But, as already mentioned, it is possible to achieve the desired result during the judicial debate.
For example, by putting forward their proposals for maintenance obligations. You can ask a potential alimony to transfer real estate to the recipient of material support, and in return release it from alimony.
Courts often accept such offers. True, in this case, ultimately, an amicable agreement is drawn up all the same.
From child support from children
Where to file a waiver of alimony? In general, it all depends on the circumstances. Suppose a citizen wants to refuse child support received from his specific child. What to do in this case?
It is necessary to apply to the district judicial authority with a statement of the established form. It will have to indicate your intentions. This will be enough. The main thing is to bring evidence of kinship to the judge, as well as a previously issued alimony order. Ideally, such a decision should be motivated. For example, a low-income individual child.
If the decision on child support is on hand
Sometimes it happens that the decision to voluntarily refuse child support is made after the trial. What to do in this case?
Citizens themselves decide what to do. For example, you can:
- keep the writ of execution and not give it to the FSSP;
- withdraw the document on the appointment of alimony from the authorized body.
In the first case, it is enough just to keep the writ of execution at home. In the second, you need to go to the FSSP and write a statement to recall the relevant decision. This will lead to the cessation of child support.
About the consequences
Man voluntarily issued a waiver of alimony? The consequences of such a decision, as a rule, do not affect the life of the family too much.
As already mentioned, if a citizen withdraws a writ of execution, this will serve as the basis for the termination of office work. So, if a potential recipient changes his mind, he will have to start the whole process from the very beginning.
Also, a voluntary refusal will eliminate compulsory financial support for a needy relative. Nevertheless, the potential alimony will remain the same rights. And the recipient of financial support, too. In fact, at any time, the person to whom alimony is assigned can go to court and demand money from the released alimony.
Documents for settlement
Voluntary refusal of alimony is a complicated process that may ultimately lead the parties to the relevant operation to the courtroom. All this is due to the fact that in Russia there are no legislatively fixed levers for regulating the rejection of alimony. Some simply do not initially apply for them. This is the simplest solution, although it is risky for both the alimony and the recipient of financial support.
As already mentioned, the most faithful and simplest solution for the implementation of the task is to draw up a settlement agreement. It usually requires the following documents:
- certificate of marriage or divorce;
- kinship certificates between the recipient of the money and their payer;
- amicable agreement with the prescribed conditions for the rejection of alimony;
- documents for property that will be transferred to the citizen on account of alimony (you can immediately make a donation);
- passports of the parties.
That's all. Usually, the maintenance agreement does not cause any problems. The main thing is to find a common language and agree with the payee on exemption from maintenance obligations.
Conclusion
The phone of the bailiffs can always be clarified on the FSSP website, as well as at the MFC. True, remotely refuse to alimony or to withdraw the court decision will not work. I will have to personally apply to the bailiffs with a passport for the implementation of such a task.
The phone of the bailiffs serves as a good assistant for remote consultation on the recovery of alimony and reviews of writ of execution, but nothing more. All possible methods of refusing material support from relatives were presented to your attention. Now it’s clear how to behave in a particular case.
Voluntary refusal of alimony is, as a rule, a way of circumventing the legislation of the Russian Federation. Under him, there are no guarantees that after a while a citizen will not go to court for child support again.