Alimony is the subject of frequent litigation in court, especially when terminating a marriage between spouses. The thing is that not everyone wants to allocate money for the maintenance of former or current relatives and not everyone can. At such moments, you have to think about how to get rid of child support. Is it possible to carry out a similar procedure? And if so, how? Further we will try to find answers to all these questions.
Alimony is ...
Alimony is a regular (usually monthly) payment made by a citizen to support a close needy relative. They are appointed if necessary.
In Russia, child support is most often paid:
- husband / wife;
- mom / dad;
- to children.
Alimony obligations are registered in the RF IC. You can serve them even without divorce. The main thing is to have a reason for going to court.
How to get rid of child support? There are various ways to evade the corresponding obligations. Below we will consider only legal methods for the implementation of the task.
Rewrite property
The first scenario is a change in the form of payments for the maintenance of a needy relative. For example, a child.
You can rewrite your property in the name of the minor. For example, an apartment or a house. This property can be rented and profit from it. Sometimes such payments exceed the amount of child support.
Important: transfer of property against child support is possible only if there is a peace agreement between the spouses. If a child support trial has taken place, such a method will not work.
Other help
How to get rid of child support in Russia? In real life, coping with this task is problematic. Especially if you do not know how to act in a particular case.
In order not to allocate funds for the maintenance of minors or close needy relatives, we can offer the court and potential recipients of the feasible assistance.
In fact, payments will be replaced by in-kind "execution." The alimony may buy medicines and products, clothes and shoes, and pay for the services provided to the recipient of money. In this case, alimony may be canceled. More precisely, replaced by another type of support.
Important: such a decision is better to take before the judicial debate. It is confirmed by a peace agreement. In court, it is also recommended to announce your desire to provide assistance in kind.
No need
How to get rid of child support in Russia for spouses and parents? The following scenario is not applicable to minor children, but it is necessary to know about it.
Alimony is a means of supporting a needy citizen. In Russian legislation there are no clear criteria for determining needs. Therefore, a potential alimony can prove that his support is not really required.
This may help:
- witness's testimonies;
- Photo and video;
- correspondence;
- other materials confirming the welfare of the recipient of alimony.
Speaking separately about the parents of an adult child, extracts about receiving a pension may come to the rescue. If state support reaches a living wage in the region, a person will be released from child support.
No obligation - no obligation
How to get rid of child support legally? Another way to translate ideas into reality (it works only in relation to payments to parents) is to collect evidence that the parents did not fulfill their obligations when living together.
They can be deprived of the right to alimony if they can prove that the former legal representatives of the child:
- did not raise a minor;
- did not care for their children;
- refused to support descendants;
- deprived of parental rights;
- exceeded parental authority;
- led a deviant lifestyle.
It is not as hard to do as it seems. Especially if parents were limited in authority, deprived of parental rights or the family was registered with guardianship authorities.
Important: deprivation of parental rights does not exempt ancestors from paying money for the maintenance of minor children.
Adoption process
How to get rid of child support? Sometimes a reception called “adoption” helps citizens. The thing is that couples with minor common children often start families again. Sometimes new spouses want to adopt the children of the wife / husband from past marriages.
In this case, the biological parent (the one with whom the children do not live on a permanent basis) agrees to adoption. After this operation, the father or mother are exempted from child support payments. The burden of maintenance of the minor goes to the adoptive parents.
Emancipation to help
How to get rid of child support in Russia legally? Another solution is to provide the child with emancipation. Under such circumstances, a minor becomes legally competent ahead of schedule. Accordingly, alimony for it will not have to be allocated.
To receive emancipation, the child needs:
- conduct business on their own behalf (as an option);
- be able to fully support themselves;
- reach 16 years old.
The basis for emancipation may be marriage. For example, in pregnancy.
Official denial
How can I get rid of child support? Legal exemption is granted to those who have received an official refusal to receive material assistance. Often this situation is found in relation to payments to parents.
According to the law, the recipient of alimony can file a refusal of material support from one or another payer at a notary or in court. In the case of minors, this advice will not help - the guardianship authorities will not allow refusal. An exception is re-registration of an apartment or property for a child, the surrender of which will allow to receive income.
Refute parenthood
I wonder how to get rid of child support in Russia? You can use not the best, but very effective technique. It applies to minor children.
The thing is that child support is assigned after the establishment of paternity or motherhood. If this does not happen, it will not work to force children to support.
It follows that a potential alimony may collect disproof of paternity, conduct a DNA test and go to court to declare parenthood invalid. If the position can be proved and justified, maintenance obligations will be withdrawn.
Important: any outstanding unpaid child support debt will still have to be repaid.
Life with parent
How to get rid of child support? Next, you will be presented with a method that almost does not work in Russia. It is about determining the place of residence of children with the alimony.
In the Russian Federation, the practice of abandoning children with mothers has developed. At the same time, fathers must pay child support for minor children. If we can prove that:
- the ex-spouse does not cope with her parental duties;
- dangerous to the life and health of a minor;
- does not contain a child;
- leads an obscene lifestyle;
- has dependencies;
a citizen can pick up children for himself.
At the same time, the mother can either deprive her of parental rights or award her child support payments for minors.
Important: in Russia it is difficult to take away children from a woman. Judges and “custody” often give a “second chance” to even mothers with alcohol addiction.
As already mentioned, counting on this technique is not recommended. It takes place only in extreme cases, when it is really dangerous for children to be near their mother.
Peace treaty
Thinking about how to get rid of alimony, some people come to the conclusion that the best solution is to draw up an alimony agreement. The parties may agree on the form, amount and duration of assistance in maintenance. Thus, sometimes it turns out to agree on alimony in smaller amounts than they could officially award.
A peace agreement sometimes formalizes a waiver of alimony. There is nothing difficult about this. A little later, we will consider the procedure for drawing up a peace support agreement without the participation of the judiciary.
Appeal to the court for corrections
What else can be done? How to get rid of child support in Russia in one case or another?
The next advice is to appeal to the court with a lawsuit to reduce the amount of alimony payments. There must be good reason for such an act. And therefore, turning an idea into reality will not always succeed.
The following situations may serve as grounds for reducing child support in an official manner:
- the appearance of dependents;
- the birth of new children from the alimony;
- submission for alimony by a new spouse;
- a sharp deterioration in the state of health of the payer;
- deterioration of financial condition and financial situation for reasons beyond the control of the citizen;
- disability;
- close relative's illness.
If there is evidence of his point of view, a citizen can significantly reduce child support.
Informal work
Some believe that the lack of formal employment is the basis for exemption from maintenance obligations. Unfortunately, this is not entirely true. Only occasionally a lack of work is an occasion to cancel the studied burdens.
In fact, if a citizen does not officially work, he will still have to pay child support. It’s just that debt will accumulate behind him. It can lead to criminal liability, to the deprivation of parental rights and to confiscation of property.
Informal employment cannot be considered a cavity as a legitimate means of exemption from alimony, but it is actively used. And even the presence of debt does not scare defaulters.
Important: debtors for child support may be deprived of a driver’s license. They are forbidden to leave the country.
Expectation
What other scenarios are there? For example, in order not to pay child support, you can just wait for the child to come of age. As soon as the children become legally competent, the parental support obligations end. But there are exceptions. For example, admission of a child to a university for full-time education.
This technique is not very suitable for those who do not want to pay child support in principle. A person will either have to pay in good faith up to 18 years of the child, or hide from law enforcement agencies and courts.
How to conclude a peace agreement
We figured out how to get rid of child support payments. And how to conclude a peace agreement on material support?
To do this, you will have to come to a notary with some documents. Most often among them are:
- passports of the parties;
- child support agreement or waiver agreement. support;
- certificates of various types (about the birth of children, adoption, marriage, divorce);
- documents for the transferred property (extracts of USRN).
The agreement is concluded in at least three copies. After signing the relevant agreement, it is recommended to comply with the conditions specified in the document.
About duty
How to get rid of alimony debts? In Russia you can:
- hiding until the age of majority of the children (illegal admission);
- pay off the debt in parts or in full from personal funds;
- transfer to the recipient of alimony ownership of expensive property.
Today, some people plead bankrupt. This is not the best and honest decision. They are almost never used in child support disputes.