The obligation to financially support their children until the age of majority applies to all parents, whether they are married or divorced. It is not uncommon for a husband to refuse to pay alimony, citing a difficult financial situation, a serious illness, or the emergence of new dependents. It should be understood that such issues are not resolved on their own, there must be an official decree or agreement. Otherwise, the man becomes a defaulter with all the ensuing consequences.
Alimony waiver situations
In practice, there is a mutual desire of the recipient and the payer to terminate maintenance obligations. A woman sometimes, on her own initiative, refuses the rules established by law in relation to the father of a child. Here the psychological factor plays an important role, when the mother wants to break off all relations between the child and the father, she is afraid that in old age the father will present a counter bill for material support to the grown child.
Quite often, a woman earns much more than her ex-husband, leading an immoral lifestyle. It is a mistake to assume that the mother's voluntary refusal to provide for the child's father will automatically deprive him of civil rights. For example, his notarized permission to take children abroad will still be required. When contacting the bailiff or with a statement of claim to the court, the woman will most likely be explained that the funds received are obligatory for payments, intended for children.
This is money for the child, not for the maintenance of the mother. If the funds are excessive, then the most common option is to open a bank account in the name of the minor. A woman cannot independently refuse the obligations imposed by the court on the defendant; an official decision must be made without fail, determining the refusal to collect alimony at the request of the recipient.
If the parents have previously determined the maintenance relationship through a voluntary agreement, then they should contact the notary again. Refusal of alimony for a child may be accompanied by an act of donation of the payer's property in favor of a minor or a lump-sum transfer to a bank account of a certain amount. In such a case, the notary public officially certifies the refusal to pay alimony under a voluntary agreement that does not infringe on the interests of the minor.
More often, the court considers the option of refusal to pay alimony by the payer. A typical case is evasion of parental debt without objective reasons. Similar behavior that does not have a statute of limitations. In case of refusal to pay off debts, concealment of income or being wanted, a woman has the right to write a statement to the prosecutor's office or internal affairs bodies.
A citizen becomes a malicious defaulter after missing three months of payments, which allows him to limit his civil rights. He will not be able to go abroad, he is entered into the traffic police database as a debtor in lawsuit proceedings. The next step is the deprivation of parental rights, which does not exempt the man from paying alimony.
At the request of the recipient, the evader is subject to criminal liability. For this, the bailiff service collects an evidence base that makes it possible to judge the attitude towards parental responsibilities. The emergence of criminal prosecution under Art. 157 of the Criminal Code of the Russian Federation provides for a maximum penalty of up to one year in prison.
Liability continues to be maintained, the bailiff issues a certificate of the full amount of the debt. This includes principal, late fees and enforcement costs. The certificate serves as the basis for applying to the court, the recovery procedure is initiated. If, after the presentation of the court decision, the defendant does not pay off the obligations within 10 days, then the procedure for compulsory collection begins.
There is an arrest of the debtor's property, the emergence of a second enforcement proceeding allows you to withhold 70% of earnings from earnings. If the defendant does not have official earnings, then the calculation is made according to the average salary in the country.
Procedure for refusing to pay child support
If there are objective circumstances, the court will decide to terminate the proceedings. The main reasons for early refusal to pay child support are:
adoption of a child;
official employment of a child before the age of majority or opening one's own business;
registered marriage of a minor;
not established fact of paternity;
death of the recipient of the alimony.
The refusal of the payer is necessarily accompanied by the cancellation of previous court decisions. If the issue of material support is accompanied, then both claims can be considered in one process. Paternity is established with the involvement of a genetic examination, which is paid by the applicant. If the claim is filed by a woman, and the alleged father refused the study, this serves as the basis for recognizing paternity on other grounds, testimonies of witnesses and the provision of documentary evidence.
If the defendant in the case pays alimony, but the fact of paternity is not established at the court session, then the amounts paid earlier are not returned. In some cases, the court sets a reduction in the amount of regular payments or debts. The claim should be substantiated based on solid data. In case of a severe and prolonged illness, the establishment of 1 and 2 groups of disability, the appearance of new dependents, a decision may be made to reduce the amount of payments.
The court has the right to restructure debt or reduce payments for a certain period. Such a decision is the basis for applying to the bailiff in charge of this case. Until new terms of the agreement or court order are determined, the previously adopted rules must be followed.
Husband refuses to pay child support
Hello. The former one for the maintenance of me ... pays for the child when he pleases and the amount that is convenient for him ... how to make him pay the entire amount of the debt .. just so that he remembers for the future ..
Lawyer Answer:
The bailiff executes the decision of the court, contact the SSP. You can also recover damages in court.
A bailiff can force you to pay child support.
The ex-husband refuses to pay alimony, the debt is more than 200 thousand rubles. The bailiffs threw replies, then he does not live there, then
The ex-husband refuses to pay alimony, the debt is more than 200 thousand rubles. The bailiffs bombarded with replies, then he does not live there, then he does not work. They do not want to excite under the article. What should I do?
Lawyer Answer:
Write a complaint about the inaction of bailiffs
It is necessary to complain about the inaction of the bailiffs and initiate a criminal case on malicious evasion from paying alimony. And then there may be corrections with the repayment of alimony. If you need help contact
Husband refuses to pay child support.
My b.m. refuses to pay alimony, the court recently ruled in my favor, I am now on parental leave, my ex-husband offers to go to peace, agrees to pay 10,000 voluntarily, but at the same time wants me to break the court decision, I refuse to tear up the document, I suggest that he pay voluntarily, but in case of not paying money with this decision, I go to the bailiffs, he does not agree with my condition, now he threatens me with the fact that he will fictitiously get a penny salary and will pay me a penny, while I know that he is engaged in business (buys and then resells auto parts with a markup), but not officially, he does not pay taxes, he does not have any papers.
Lawyer Answer:
Dear Lily!
Lily!
If he just needs to break the court decision (and not the writ of execution) before his eyes and he is ready to pay the funds at once for at least six months, I would break it.
In your case, you can contact an intermediary (mediator) to resolve the situation. By resorting to mediation, you will eventually get a mutually beneficial solution to your problem that will satisfy both parties, avoid litigation and costs.
Husband refuses to pay child support
What to do if the husband refuses his child and does not want to pay child support
Lawyer Answer:
What do you wish? You can sue for child support. and thus force the father of the baby to pay for the maintenance of the baby
If the child was born in marriage and the spouse is recorded as the father in the birth certificate of the baby,
My son is 18 years old, he is studying, and the ex-husband refuses to pay alimony (he hired a lawyer), motivating
My son is 18 years old, he is studying, and the ex-husband refuses to pay alimony (hired a lawyer), arguing that he has a small salary and two young children, tell me to hire a lawyer too or will they appoint alimony for anyone?
Lawyer Answer:
Alimony after the age of 18 is not paid
but I beg your pardon, you are from Ukraine, then they are paid
Hello. My husband and I made an agreement for a child for alimony. Husband refuses to pay child support. Child 2 years old
Hello. My husband and I made an agreement for a child for alimony. Husband refuses to pay child support. The child is 2 years old. Tell me, please, can a wife sue for alimony for the maintenance of her spouse until the child reaches the age of three. Thank you.
Lawyers answer the question: Husband refuses to pay child support
Yes, Lyudmila, the wife has such a right.
The spouse has the right to file such a claim in court.
Ex-husband refuses to pay child support
She filed for alimony, her husband wrote a counter-application with a refusal. He asks to conclude an agreement. then I filed a claim for withholding alimony. What should I do next?
Lawyer Answer:
A court hearing will be held, a court decision on the recovery of alimony will be issued, then a writ of execution will be issued.
Hello, in court, alimony will be collected from the spouse.
Ex-husband refuses to pay child support
Ex-husband refuses to pay child support
Lawyer Answer:
Larisa, was it not clear whether the decision of the court was?
Go to law.
If the husband refuses to pay child support
I filed for alimony in March, my husband paid me for March, April and May, now he said that he would not pay more from him, no answer, no greetings, after what time they describe the property.
Lawyer Answer:
Contact the bailiffs on all the issues you have identified, this is their job. But to the chagrin of the bailiffs, it is constantly necessary to "pull". In order to achieve a real receipt of alimony, do not hesitate to contact the bailiffs (calls, visits) at least one day later.
Hello, Elena. After the initiation of proceedings, the bailiffs will offer to voluntarily pay off the debt, if this is not done, he will be warned under Article 157 of the Criminal Code of the Russian Federation "Malicious evasion from paying funds for the maintenance of children or disabled parents"
My ex-husband refuses to pay child support until my child is 3 years old.
Got married. She became pregnant in marriage. She left with her husband in his service to another city. Due to health reasons, she returned to Moscow during pregnancy. gave birth. All this time he continued to live in Pskov. The child was seen 3 days after his birth. Was not interested in him, did not try to come. Six months later, she decided to leave. She didn’t file for alimony, he had a new family (civil marriage with a girl, she has two minor children), went to a meeting. She went to her mother. He is a soldier. I received 30-32 thousand rubles. For Pskov from cf.
Lawyer Answer:
Julia, well, not yesterday he became such a goat.
Lawyer Evgrafova Lena Alekseevna
Husband refuses to pay child support
There is a claim for alimony since 2004. The last year has not paid anything, the bailiff is doing nothing. The ex-husband donates blood, but the bailiff refused to take 25% in favor of the child. There was no inventory of property either. Although he lives at home and does not work officially.
Lawyer Answer:
Alena, you do not have a "claim for alimony", but a court decision on their recovery .... If the bailiff does nothing, you can appeal his actions - to a higher authority or court. Since your spouse does not officially work anywhere, he must pay alimony in the amount of 1/4 of the part (for 1 baby) of the average monthly salary in the Samara region; it turns out that he has a debt in payment, if it is more than 4 months and the bailiff warned him about criminal liability for non-payment, then write a statement on recruiting him to criminal liability for malicious evasion from paying, by a court decision, funds for the maintenance of the baby. The bailiff must draw up a certificate of debt indicating the amount of the debt and the number of months of non-payment ... Good luck)))
I do not agree with the previous answer, a non-working alimony debtor must pay them based on the size of the average salary in Russia, and not the region where he lives.
The husband refuses to pay alimony in position 33, citing the fact that a child was born in a new marriage. Ka to achieve the due
The husband refuses to pay alimony in position 33, arguing that a child was born in a new marriage.
Lawyer Answer:
Collect child support through legal action.
The husband refuses to pay alimony for my maintenance, and the child wants to pay 1/6 of the salary. pl referring but what he has
The husband refuses to pay alimony for my maintenance, and the child wants to pay 1/6 of the salary, referring to the fact that he has an older son to whom he pays 3,000 rubles. but this is not documented anywhere. Therefore, his former cohabitant is invited to court so that she confirms that she receives money from him. What are my chances in court?
Lawyer Answer:
Your chances are excellent. Alimony for your maintenance is established by law.
Divorced from her husband, two children under three years old. The husband refuses to pay alimony, tk. He is officially unemployed. On the exchange
Divorced from her husband, two children under three years old. The husband refuses to pay alimony, tk. He is officially unemployed. Not on the labor market. works in an individual entrepreneur that is registered to his father, everywhere on documents and contracts he signs for him. That is, in fact, this is his company. Tell me what he faces if I prove that he works illegally and hides income. Is it difficult to do this?
Lawyer Answer:
File a claim for the recovery of alimony in a hard currency amount Art. 83 RF IC. Will pay as unemployed.
Husband refuses to pay child support
Husband refuses to pay child support
Lawyer Answer:
If alimony has already been collected by the court, contact the bailiff. If not - with a claim to the world arbitrator.
What to do if your ex-husband refuses to pay child support
What to do if your ex-husband refuses to pay child support
Lawyer Answer:
You need to apply to the court for alimony.
Ex-husband refuses to pay child support. Until now, she has not officially filed for alimony, she paid on the card.
Ex-husband refuses to pay child support. Until now, she has not officially filed for alimony, she paid on the card. Do I have the right to official alimony if he left the apartment to the children and, as he says, he will collect all the amounts of transfers and present them as payments for the children.
Lawyer Answer:
The husband refuses to pay child support for the second child, explaining that he already supports the first. Is it legal? what am I supposed to do
Hello, I divorced in September, my son stayed with my husband and he sent him to a boarding school for incomplete state support, after the divorce, in September, I gave birth to my second child. The husband refuses to pay child support for the second child, explaining that he already supports the first. Is it legal? what should i do to get alimony?
Lawyer Answer:
Ira! You need to go to court to claim child support. You can also collect alimony from him for your maintenance until the merit of a child of 3 years.
If the husband refuses to pay child support. I have a debt of 37,000 hryvnias. I filed a criminal case, they refused referring to
If the husband refuses to pay child support. I have a debt of 37,000 hryvnias. I filed a criminal case, they refused, referring to the fact that once I paid, I sent it to the Kharkiv prosecutor's office at the place of residence of my registration, but there was no answer there for the third month, I went there, but they refer to justice there, and there was an answer No, they said that we sent it, but I didn’t receive an answer. It’s been three months already.. Help me where to go next on this case. Nobody wants to deal with this from the authorities
Lawyer Answer:
You don't need to travel, you need to appeal the answer in court. write a complaint to the city prosecutor's office and send everything by registered mail with a notice. Whether all the acts were performed by the municipal executor to comply with the court decision….
What should my husband do if he refuses to pay child support?
Ex-husband refuses to pay child support and writes a reverse statement
Lawyer Answer:
Svetlana, if you cannot come to an agreement with your ex-spouse on the payment of alimony, then their recovery can be in court. To do this, you need to file a Statement of Claim for the recovery of alimony in the court at your place of residence.
My husband refuses to pay alimony for my maintenance. What should I do?
The ex-husband already pays alimony to his two more children from previous marriages, which is 50% of his official salary, therefore he refuses to pay for my maintenance, only for our joint child. 120,000, but receives most of the income unofficially. The court decided that the husband would pay for my soder. 2300 rubles, the husband filed an appeal, how can I not lose these payments? What should I do?
Lawyer Answer:
Write objections to his appeal, defend your position.
My ex-husband refuses to pay child support. Can I apply to the bailiff if I have only a DEFINITION in my hands, but not a court decision
Hello. My husband and I are divorced. In court, we entered into a settlement agreement, according to which he must pay alimony for my maintenance until the child reaches the age of three. For several months he paid, now he has stopped and refuses. Can I apply to the bailiff with the Determination that the parties have entered into a settlement agreement? It says that the judge determined to approve the settlement agreement, under the terms of which the defendant undertakes to pay alimony for the maintenance of the spouse. Or can the bailiff start work only if there is a court decision?
Lawyer Answer:
Arina, good afternoon.
Ex-husband refuses to pay child support. What to do? How to behave in court?
Help kindly. I lived with my ex-husband for 4 years. After we got married, we had a daughter. At the moment she is 5 years old. When I was pregnant, my ex-husband knew that the child was not from him, but he wanted to become her father. After living for 4 years at my expense, we divorced. Now when I filed for alimony, he says that DNA will do and that he will not pay anything. Please tell me if there is a chance for me to prove something in court and how I should proceed.
Lawyer Answer:
If you prove in court that at the time of the birth of your daughter, the spouse knew that the child was not from him, then most likely he will have to pay alimony.
What should I do if my ex-husband refuses to pay child support?
I have such a situation - my husband and I are divorced and for 3 years he has not paid alimony. I contacted the bailiffs several times, but they could not help. Please tell me what to do in such a situation.
Lawyer Answer:
Ask to be prosecuted for malicious evasion of alimony, but then he will have a criminal record, which may affect the future fate of the baby.
Debts, like property, are subject to division in a divorce. Zhenya needs to file a lawsuit in court for the division of property and in the same lawsuit raise the issue of the division of the debt on the loan.
Article 39
3. The total debts of the spouses in the division of the common property of the spouses shall be distributed among the spouses in proportion to the shares awarded to them.
Article 38. Division of common property of spouses
1. The division of the common property of the spouses may be carried out both during the period of marriage and after its dissolution at the request of any of the spouses, as well as in the event that the creditor claims the division of the common property of the spouses in order to levy execution on the share of one of the spouses in the common property of the spouses.
2. The common property of the spouses may be divided between the spouses upon their agreement. At the request of the spouses, their agreement on the division of common property can be notarized.
3. In the event of a dispute, the division of the common property of the spouses, as well as the determination of the shares of the spouses in this property, shall be carried out in a judicial proceeding.
When dividing the common property of the spouses, the court, at the request of the spouses, determines what property is subject to transfer to each of the spouses. If property is transferred to one of the spouses, the value of which exceeds the share due to him, the other spouse may be awarded appropriate monetary or other compensation.
Article 24
1. When dissolving a marriage in court, spouses may submit to the court an agreement on which of them will live with minor children, on the procedure for paying funds for the maintenance of children and (or) a disabled needy spouse, on the amount of these funds or on the division of the general spouses' property.
2. If there is no agreement between the spouses on the issues specified in paragraph 1 of this article, and also if it is established that this agreement violates the interests of the children or one of the spouses, the court is obliged:
determine with which of the parents minor children will live after the divorce;
determine from which of the parents and in what amounts alimony is collected for their children;
at the request of the spouses (one of them) to divide the property that is in their joint ownership;
at the request of a spouse entitled to receive maintenance from the other spouse, to determine the amount of this maintenance.
3. If the division of property affects the interests of third parties, the court has the right to separate the claim for the division of property into a separate proceeding.
A very common situation is when a spouse refuses to pay child support. There can be many reasons for such behavior in a man, but none of them, of course, will justify such an attitude towards his child. What do I do when my husband refuses to pay child support?
Important! If you yourself are analyzing your case related to the refusal to pay alimony, then you should remember that:
- Each case is unique and individual.
- Understanding the basics of the law is useful, but does not guarantee the achievement of results.
- The possibility of a positive outcome depends on many factors.
How is child support determined?
In the first case, the amount of alimony will be a quarter of income for 1 child, a third for 2 and half for 3 or more children. In addition, in the second case, when, for a number of reasons, the income of the payer is not controllable, is unstable, the judicial authority determines the amount of maintenance for children as a multiple of the subsistence minimum for one child in the region.
When there are no contentious issues regarding children between the spouses, the issue of alimony is decided by the magistrate by order of the court and ends with a court order. In the event that there are some disputes (for example, regarding the establishment of the biological father), they will be resolved by a federal judge by initiating lawsuit proceedings.
Refusal of the father to pay for the maintenance of the child - where to apply for alimony without a divorce?
Husband and wife are equal before Russian law - both as a married couple and as parents. Both parties must not only educate, but also provide for their child. However, it often happens that one of the parents does not give money for the needs of the children. If the father refuses to pay child support, is it possible to apply for marital support payments? In this case, the wife has the right to apply to the judicial authority for the recovery of alimony without a divorce in order to oblige the spouse to allocate the necessary amount of money by law to provide for your child.
To apply for alimony during marriage, you need to submit some documents:
- Marriage certificate;
- birth certificate of the child;
- passport;
- various certificates of income, salary, etc.
The application must indicate that the spouse does not provide adequate financial assistance.
Note! If the marriage is not officially dissolved, legally, and in fact the marriage relationship is terminated, and material assistance for the maintenance of children is not provided, or is provided in a small amount, it is also possible to apply for alimony.
Can I file for child support after a divorce?
The collected papers on the recovery of alimony in 2 copies must be taken to the justice of the peace. The location of the court is the locality where the defendant or the plaintiff lives. In case of financial difficulties of the plaintiff, the judge may appoint some monetary support for a while, until a final decision is made on the recovery of alimony. Any of the parties has the right to file a lawsuit, even regardless of who initiated the divorce.
If you have any questions regarding alimony, it is better to contact an experienced lawyer. They will help resolve difficult situations.
Tatyana PEROVA, senior assistant to the regional prosecutor for legal support, answers: “In accordance with Article 80 of the Family Code of the Russian Federation, if parents do not provide maintenance for their minor children, funds for the maintenance of minor children (alimony) are collected from parents in court.
Alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents. The size of these shares may be reduced or increased by the court, taking into account the financial or marital status of the parties and other noteworthy circumstances.
If the parent who is obliged to pay maintenance has irregular, fluctuating earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of children, the court has the right to determine the amount of alimony collected on a monthly basis in a fixed amount of money or simultaneously in shares and in a fixed amount of money.
The amount of a fixed amount of money is determined by the court based on the maximum possible preservation of the child's previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances.
Thus, on the issue of collecting alimony from the ex-husband, one should file a claim with the Magistrate's Court at the place of residence or location of the defendant. A claim for the recovery of alimony may also be brought by the plaintiff to the court at the place of his residence.
After the entry into force of the court decision on the recovery of alimony, the court issues a writ of execution to the plaintiff for presentation to the bailiff service or at the place of work of the debtor.
For evasion of alimony, liability is provided for under article 157 of the Criminal Code of the Russian Federation.
On the issue of bringing to criminal liability a malicious non-payer of alimony, an interested person has the right to apply to the bodies of inquiry of the bailiff service.
The bailiff-executor collects the amount of debt on alimony forcibly within the framework of enforcement proceedings initiated on the basis of a writ of execution.
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Hello! Please tell me, the accounting department from the place of work of my ex-husband regularly transferred alimony to me for 11 years according to the writ of execution. In May of this year, alimony was not accrued due to absenteeism of her husband. In June, the alimony was transferred and now in July they are not there again, I believe, for the same reason as in the previous month. I believe that now this will continue periodically, today the ex-husband works, tomorrow - no. What should be my next steps? .Does it make sense to call the accounting department at the husband's place of work?
Thank you in advance for your reply!
