In the Family Code of the Russian Federation, the alimony obligations of parents on the maintenance of children under the age of majority are prescribed. None of the articles of the Civil or Family Code do not regulate the possibility of a legitimate representative of the child to refuse to receive funds for maintenance and food, which are listed by one of the spouses.
1
Experienced lawyers regard such a refusal as a violation of the rights of the person who was intended to be financial support. Representatives of guardianship bodies and guardianship, inspectioning the conditions of residence and maintenance of the child, endowed with the authority to force the parent / guardian of the child to apply to the court to recover made payments or send the issue of improving his parental rights in connection with the infringement of the rights of a minor.
2
The most effective way to reflect the alimony is the option in which the recipient does not file a claim with a requirement to recover the funds due, or there is no voluntary agreement in accordance with the parents. art .99 RF IC. In order to avoid the judicial appointment of alimony payments to the child's parents, it is better to sign a global agreement within the framework of the trial about the voluntary payment of money for maintenance.
3
If the payment of alimony is produced on the basis of a court order, then by contacting the appropriate written statement to refuse to accept payments, the recipient of the alimony can withdraw the executive list. The document will be returned to a legal representative of a minor child with a mark on the impossibility of performing the operative part of the judicial act due to the refusal to receive money due. By abandoning the alimony in this way, you can resume recovery at any time. If the executive list was obtained in hand in the court office after the meeting, then you can just leave it without movement. In this case, the bailiff service will have no basis for the opening of enforcement proceedings.
4
If a former husband is ready to abandon parental rights in favor of a new spouse, then it is necessary to apply to the court with a lawsuit against the deprivation of parental rights of the Father. It is advantageous to visit the notary, which should assure consent to the refusal of rights in favor of another person. This is a very difficult procedure with the participation of guardianship bodies. In court it will be necessary to provide weighty arguments confirming the basis for deprivation in accordance with article 69 of the SC of the Russian Federation. After successful completion of the adoption procedure, the alimony obligations of the previous spouse will cease.
5
In the presence of a certified by the Notary Agreement on the payment of alimony article 101 of the RF SC Allows you to terminate. At the same time, the termination should be by mutual agreement of both parties, decorated in writing and was certified by the notary. One-sided termination of the agreement or the lack of a notarized certificate of the document entails his insignificance.
There will be no results to appeal to the accounting department of an enterprise, which holds an alimony payer from the payer's wages, as it does not solve this kind. The search for such options for the abandonment of alimony transfers can only be in violation of current legislation. Always remember that getting and paying alimony is a duty, and not the right from which you can refuse at any time.
On our site you can download the following documents:
Application form on the return of the executive list to the recoverer;
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