Do parents deprived of parental rights pay child support? How is child support paid when parental rights are terminated? The basis for withholding alimony can be

The legislation of any country ensures that the interests of minors are observed, and the Russian Federation is no exception. In some cases, unscrupulous parents (most often these are fathers) may be deprived of the right to raise children. At the same time, the second side has a question: if the father is deprived of parental rights, should he pay alimony?

Let us pay attention to the fact that it is the refusal to pay child support that often becomes the reason for deprivation of paternity. If the court made such a decision, should the biological father financially support his children? Child support is still the responsibility of the parent. By law, the father should not be relieved of his duty to the children in any case.

The father who is deprived of his rights can independently decide on the payment of funds. Then it is convenient for both parents to conclude an agreement that will specify the amount, term and other features of the transfer of payments. In order for this contract to have full legal force, when drawing up it, you must contact a notary.

Deprivation of paternity and alimony are not interconnected in any way, therefore, the document does not indicate information on this issue. The loss of parental rights should not cause the parties to doubt whether it is necessary to pay alimony. If the payer evades legal obligations, you should apply to the court with a statement of claim.

Both the mother of a minor and his guardian or adoptive parents can apply for alimony. The interests of children living in orphanages and shelters have to be represented in court by guardianship and guardianship authorities. Also take on trial this function may be taken over by the prosecutor.

So, the claim is the basis for the recovery of alimony from parents, including those deprived of parental rights, with the help of the court. It includes a "header" consisting of court data, information about the plaintiff and defendant, indicating their place of residence and telephone numbers for communication; and the main part, which is to appeal to the court.

The application must clarify that the defendant is obliged to participate in providing for his children until they reach the age of majority, and deprivation of parental rights does not exempt from this procedure.

It is better to file a claim within the first three years from the date the father stopped paying funds in favor of the children. By law, the collection of alimony is carried out only for the last three years, and the period that goes beyond this will not be taken into account.

It is extremely important to clarify the amount of alimony payment. For a working father, it represents a certain percentage of the official income, proportional to the number of children. One child is entitled to 25% of his earnings, two - a third, and three or more - from 50%.

But an unscrupulous parent can be unemployed. Is he obliged in this case to regularly list cash dependent on children? Yes, but under this condition, it is worth demanding a monthly payment of a specific amount. The amount of alimony can be adjusted by the court, depending on important circumstances affecting their payment, such as the health and financial situation of the payer.

In most cases, the child support recipient is the parent with whom the child lives. If the father and mother are deprived of parental rights at the same time, the funds are transferred to the minor's current bank account. They become available to the child only after the age of eighteen, however, in a critical situation, such as a serious illness, they are used earlier.

Enforcement proceedings upon deprivation of parental rights

Funds can be collected if the following list of documents is available:

• writ of execution, which is issued on the basis of a court decision;
• order;
• maintenance agreement certified by a notary.

All of the above must be sent to the court at the place of residence of the alimony payer. The bailiffs, in turn, initiate enforcement proceedings and collect the debt from all categories of income of the unscrupulous father. A payer deprived of parental rights, even in the absence of an official place of employment, must pay alimony.

It is possible to submit a writ of execution until the eighteenth birthday of the dependent. In an exceptional case, it can be used even after, if it was established that alimony was not paid on time. Present performance list required before the expiration of three years after the final court order.

Consequences for the payment of alimony after deprivation of parental rights

If a parent has to be deprived of the right to raise a child, it will affect both in different ways. For example, as a result of such a court decision, the father will not be paid funds in retirement age and with health problems. In addition, he will not receive an allowance from the state, which in some cases is paid to family citizens. The court also regulates the possibility of children living in the territory from a parent deprived of their rights. The wishes of the minors themselves play a decisive role here.

Let us clarify that an application for deprivation of paternity may not include a requirement for the parent to pay money for the dependents of children, however, the court may impose a penalty on its own. At the same time, the judge has the right to personally establish the amount, the payment of which will be required regularly.

The rights to property are assigned to children in full. Until the age of majority, parents are obliged to provide them with housing and maintenance. And as an exception, for example, when a child is disabled, and after he reaches the age of eighteen, it is impossible to release the father from paying alimony. In case of death of parents, children are their heirs of the first priority.

What to do if the court did not resolve the issue of alimony payment upon deprivation of parental rights?

In legal practice, there are situations when the court, depriving one of the parents of the rights to children, does not assign him the payment of funds to provide for them. Such judgment subject to appeal, or the plaintiff may apply for the recovery of alimony himself.

In order to be able to receive payments from the disenfranchised father, it is recommended to follow a certain procedure.

1. When the appeal period has not yet expired

According to Article 321 of the Code of Civil Procedure of the Russian Federation, the time for filing an appeal is one month from the date of the final decision of the court. If this condition is met, a complaint should be filed with the court. Since the court decision is not yet legally binding, it can be considered by the Supreme Court of the region or by regional and regional courts.

An appeal must be filed through the court where the issue was originally considered.

The complaint states:

• plaintiff's information;
• court information;
• decision subject to review;
• claimant's claims;
• reasons why the original judgment is considered wrongful.

Then, the intended recipient of alimony needs to appear for a review of the case and receive a writ of execution.

The appeal is considered by the judicial authorities within two months. If the court confirms non-compliance with the norms of the law by the previous instance, its decision will be canceled. The appeal ruling shall enter into force on the first day after its adoption. With this outcome of the case, the parent with whom the child lives can receive a writ of execution and present it to the bailiffs. Those, in turn, take measures to search for the payer and notify him of the threat of non-payment of alimony, after which they proceed to further recovery measures.

1. If the deadline for appeal has expired, can one of the parties collect alimony in this case? Yes, but for this you need to go to court yourself. In accordance with the requirements, a claim or writ proceeding will be opened.

If the alimony does not exceed the amount of 500 thousand rubles, and other (except one of the parents) interested persons are not involved in the case, the court will oblige the father to pay by order. This form of collection is not possible when funds have to be collected in a specific amount of money. In this case, the lawsuit will begin.

If the court order is canceled on the basis of the payer's objections, alimony can also be collected using statement of claim. It is important that in the course of writ proceedings, a claim drawn up with violations of its order will be returned by the court to the plaintiff. An application for a court order or a claim must be supplemented with copies of the following documents: birth certificates of children, father's salary certificates, divorce certificates, court decisions on deprivation of paternity.

Cases for the recovery of maintenance funds, as a rule, are heard in the Magistrate's Court. The court order is issued within five days from the date of the applicant's application, in the absence of the parties. A copy of the court's conclusion in writing is sent to the alimony payer. The debtor, in turn, has the right to file objections with the court within 10 days, and if this happens, the order can be canceled.

The order or decision of the court must be immediately executed. In the event that a claim is being considered, the applicant must have a writ of execution in hand. Just like an order, this document is sent to bailiffs to collect alimony debt.

In the territory Russian Federation the Family Code is in force, according to which parents are obliged to financially provide for their children until the age of majority. If for some reason the parent refuses to do this on a voluntary basis, the collection of alimony is carried out by bailiffs. And regardless of whether there are parental rights or not.

Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

General provisions

All single parents who independently support a child are provided with comprehensive support by the state. And regardless of whether the other parent pays child support or not.

To receive alimony, it is mandatory to draw up an appropriate one by attaching a mandatory list of documents.

The plaintiff in this situation should carefully read some important points:

1. What it is.
2. Who falls under this category.

What it is

Often the question arises - is the parent obliged to pay alimony after the deprivation of the rights to the child? The answer is definitely positive.

Deprivation of parental rights is an extreme measure and a sufficiently serious justification is required for its adoption.

It is used only in cases where the health of the child is at risk:

• physical;
• mental;
• moral.

Also, the basis for the deprivation of parental rights may be malicious evasion of their immediate duties.

Can I apply for child support along with a request for deprivation of rights to the child of the other parent? This is allowed only in the courts of district significance, the world courts do not deal with such cases. At the same time, a rather serious trial is being held beforehand.

Who falls under this category

The court may deprive parents (both mother and father) of the rights to the child if the following established factors are present:

• malicious evasion from payment of alimony;
• the refusal of the parent to take the child from the maternity ward / maternity hospital or other educational, medical institutions;
• there is an abuse of parental rights;
• there are acts of violence, ill-treatment, sexual assault;
• if the presence of drug or alcohol dependence is established.

Most often, for such reasons, it is the father who is deprived of parental rights. With mothers, things are much more complicated.

The implementation of the process under consideration is possible in the following cases:

Often, for the deprivation of parental rights, several factors must be present at once. Most often, the process of the type in question is stretched over time.

In this case, the proceedings regarding the award of alimony consists of only two stages:

1. Analysis of the case within a month.
2. If a positive decision is made, 10 days are given for - after it enters into force.

The grounds for deprivation of parental rights are the testimony of witnesses, as well as documentary justification. Since this legal action is quite serious and rarely canceled. Once a decision has been made, it is very difficult to challenge it.

Is it necessary to pay alimony after deprivation of parental rights - the answer to this question is best analyzed together with a competent specialist. In some cases, this obligation can be legally evaded.

Video: deprivation of parental rights

Child support payments after termination of parental rights

It is important to remember that in the event of deprivation of the rights to the child, the parent loses all other possible rights, the existence of which is based on consanguinity.

Alimony is distributed after deprivation of parental rights to legal entities- if the parent is the owner of the enterprise or its co-founder.

Situations are not uncommon when bailiffs seize the accounts of individual entrepreneurs and even property belonging to him. In such a situation, if the debtor refuses to voluntarily pay alimony, it is sent for sale.

Plaintiffs applying for child support payments from the second parent should familiarize themselves as much as possible with the following important nuances:

1. Hold rules.
2. What amount is charged.

Hold rule

Alimony is withheld at the place of work of the parent, who is obliged to pay them directly from wages. In this case, the calculation process must be carried out by an accountant or another official interacting with accounting and other financial reporting.

The basis for withholding alimony may be:

It is very important to remember that only an agreement that is notarized is legally binding - it has the appropriate seal and is drawn up accordingly.

If the agreement is just a piece of paper, then it can be declared void. A notarized agreement is equivalent in its legal force to a writ of execution.

Child support may be withheld from the following income received by the parent:

• wage;
• monetary support or remuneration;
• all sorts of royalties or similar profits;
• various surcharges to tariff rates;
• additional payments for work in difficult or harmful working conditions;
• bonuses, various kinds of remuneration;
• holiday pay;
• pensions and scholarships;
• temporary disability benefits.

It is important to remember that there is also a list of certain types of income from which alimony cannot be withheld.

It includes the following:

1. Compensation for loss of a breadwinner.
2. Cash compensation paid as a result of injury at the workplace, in the performance of any official duties.

And also, various types of compensation payments established by the law of the Russian Federation on labor:

• due to the failure of a tool that performs direct official duties;
• due to the need to travel on a business trip;
• compensation upon transfer to another position;
• payments in the event of insured events - including burial allowance.

One-time financial assistance paid for the following reasons:

1. Terrorist act.
2. close relative, family member.
3. Registration of marriage, birth of a child.

At the same time, it should be remembered that alimony can only be withheld from wages that have been accrued for the period of validity of the relevant obligations.

All alimony is withheld from wages in its pure form - that is, from the amount that remains after deducting all kinds of taxes from it (personal income tax and others - if required).

The time for transferring the entire amount of alimony is no later than three days from the date of payment of wages or other remuneration to the employee.

For violation of the legislation relating to alimony payments, a fairly serious liability is due. And both material and criminal.

So, if the funds were not transferred on time, the organization or the official is liable in the form of a fine - its value is ½ of the amount required to be paid.

How much is charged

The legislation clearly defines the boundaries regarding the amount of alimony collected from wages.

The value is directly affected by the number of children supported by the second parent:

But in some, individual cases, the amount of alimony collected can be set even more than 50% - and at the same time, the presence of a second or third child is not necessary.

This can only happen according to the relevant enforcement proceedings, formed by bailiffs - if the parent, who is obliged to pay alimony, maliciously evades.

In this case, the amount of deductions can reach 70% of monthly earnings. Bailiffs act from a position of expediency.

The legislative framework

It is much easier for parents to figure out the question of whether one should pay child support to the other - having familiarized themselves with the following legislative framework:

• the list of types of income from which it is possible to withhold alimony is approved by the Decree of the Government of the Russian Federation;
• list of income from which it is prohibited to withhold alimony - Federal Law;
• limit values ​​for deductions from wages in favor of the child and the second parent - are indicated in Law No. 229-FZ;
• - cases are indicated when an agreement previously drawn up between two parents regarding the payment of alimony ceases to be valid.

Legal consultation family lawyer. Family law and arbitrage practice When resolving various family issues, they proceed from the priority of the rights and legitimate interests of minor children. A parent is deprived of rights, but not duties towards his child.

By virtue of paragraph 2 of Art. 71 of the Family Code of the Russian Federation, deprivation of parental rights does not relieve parents from the obligation established by law to support their child. This means that if the father of the child paid alimony, then his obligation to support the child does not depend on the court decision to deprive the father of parental rights.

According to paragraph 3 of Art. 70 of the Family Code of the Russian Federation, when considering a case on deprivation of parental rights, the court, in the same court session, decides on the recovery of child support from parents deprived of parental rights. This means that if the father of the child did not pay alimony, then the court will decide on the collection of alimony, their amount, how to collect alimony: in a certain percentage of income or in a fixed amount of money.

Judicial practice on such issues is also unambiguous and is aimed primarily at protecting the rights of the child.

In accordance with the clarifications of the highest court - Supreme Court of the Russian Federation, which are contained in paragraph 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 No. 10 “On the application of legislation by courts in resolving disputes related to the upbringing of children”, deprivation of parental rights does not relieve the parent from the obligation to support his child, the court in accordance with paragraph. 3 Article. 70 of the Family Code of the Russian Federation, when considering a case on deprivation of parental rights, it also decides the issue of collecting alimony for a child, regardless of whether such a claim has been filed.

Thus, regardless of whether the father is deprived of parental rights, he, by virtue of the law, is obliged to pay alimony for the maintenance of the child. The issue of alimony is resolved in the same court and court session in which the issue of deprivation of parental rights is considered.

Based on the lawyer's experience in dealing with such cases, the professional family lawyer in Moscow may advise parents to raise the issue of collecting alimony in a fixed amount of money. To do this, in the pleading part of the application for deprivation of parental rights, demand that alimony be collected in this form.

An explanation of the Supreme Court of the Russian Federation on this issue can be found here.

Does the father have to pay child support if he is deprived of parental rights

Deprivation of parental rights is a special institution of the current family law, which provides for the elimination of all privileges provided for parents. The child, in such a deprivation, retains all his rights, including the right to receive maintenance, the right to a share in property, the right to subsequent inheritance. The parent is deprived of the right to receive maintenance from the child in old age, the right to receive benefits related to the presence of minor children. The obligation to pay alimony also remains, and the law does not provide for any exceptions or reductions in the established amount of the corresponding payments in case of deprivation of parental rights.

How is alimony determined when a father is deprived of parental rights?

Deprivation of parental rights can be carried out exclusively in court, and family law establishes a list of issues that the court resolves when considering the relevant case. One of these issues is the appointment of alimony in the amount established by law, which the father deprived of parental rights is obliged to pay for the maintenance of the child. That is why a separate application for the appointment of alimony in this case is not required, the judge should automatically consider this issue by virtue of a direct indication of the law. At the same time, it should be borne in mind that when determining the amount of alimony, general rules, which are commonly used to calculate them. The amount of the monthly payment is set in shares of the father's permanent income, and in the absence of a permanent income, it can be determined in a fixed amount, in a combined way or as a share of the average earnings in the Russian Federation.

Subsequent application for the appointment of alimony

If, for any reason, the court did not consider the issue of the appointment and payment of alimony when resolving the case on deprivation of parental rights, then the legal representative may apply with the appropriate requirement at any other time. The right to receive these payments in any case remains with the child until he reaches the age of majority or acquires full legal capacity on other grounds. If necessary, after the issuance of the relevant judicial act measures are taken to search for the debtor, seize his property, impose a penalty on periodically received payments. To do this, the claimant must first apply to the bailiffs with the appropriate application.

Does a father who is deprived of parental rights pay alimony?

Many mothers who want to protect their children from the negative physical and mental influence of their father come to the idea of ​​depriving the latter of parental rights. Sometimes there are really good reasons for this (alcoholism, drug addiction, corruption, beatings, obstruction of the full development of children). However, the fear of being left without material support in the form of paternal alimony stops mothers from taking a decisive step.

In other cases, it is the non-payment of alimony, which lasts for long months and years, that serves as the main reason for depriving a negligent father of his rights. Is it really impossible to wait for such necessary funds?

The good news is that the lawsuit will raise not only the issue of deprivation of parental rights, but also the issue of alimony. Mothers can claim not only debts for unpaid alimony, but also alimony payments in the future.

Deprivation of parental rights

Parental rights can only be terminated by a court order. The mother, as well as officials of the prosecutor's office or the guardianship and guardianship authority, can initiate a lawsuit.

Read also: Do bailiffs have the right to withdraw money from a bank card

When considering a claim for deprivation of the father's rights, other issues related to the rights of minor children will be considered. First of all, the issue of material support for the child.

Family law (Article 71 of the RF IC) provides that a parent deprived of paternity is not relieved of obligations in relation to his son or daughter, including the obligation to pay alimony.

The “former” dad also has no right to demand a reduction in maintenance payments on the basis of deprivation of parental rights.

Termination of parental rights and termination of alimony

So, even if you are deprived of parental rights, you have to pay alimony. Moreover, regardless of the basis on which this happened (including on the basis of non-payment of alimony), maintenance obligations are fully preserved.

Termination of maintenance obligations is possible on the general grounds provided for by family law. First of all, after the child reaches the age of majority. Or in the case of a maintenance agreement between the parents, under the terms of which the child will be given valuable property or a large amount of money - instead of regular maintenance payments.

In addition, the mother can apply to the bailiffs with a statement on the termination of enforcement proceedings - the funds will no longer be collected. At the same time, the right to re-apply to the SSP with a writ of execution is retained.

The law provides another way to terminate maintenance obligations after deprivation of parental rights. A child whose father is deprived of parental rights may be adopted or adopted. In this case, the obligation to support the child is shifted to the new father and removed from the "former" dad. True, the law establishes that it is possible to start the process of adoption or adoption only after the expiration of a six-month period after the deprivation of parental rights.

Other rights of the child and parent

Deprivation of parental rights implies the loss by the father of all privileges arising from the relationship between him and the child. The father loses the right to take part in the life of his son or daughter - to educate, educate, meet, make decisions regarding the choice of a place of education, rehabilitation, treatment. In old age, the father will not be able to demand material assistance from his son or daughter. He does not have the right to count on the inheritance in the event of the death of the child.

As for the child, he retains material rights in relation to the "former" dad. In addition to the right to receive child support until adulthood, a son or daughter may continue to live in the father's living quarters, as well as claim an inheritance after the father's death.

From the foregoing, we can conclude that the law upholds the rights of the child and does not provide for exemption from maintenance obligations. The court, depriving the father of parental rights, will also appoint alimony. But there is always a way to settle a contentious issue by drawing up an agreement between the parents.

ASK A QUESTION TO A LAWYER FOR FREE

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the site.
• All cases are very individual and depend on many factors.
• Therefore, free expert consultants work for you! Tell us about your problem and we will help you solve it! Ask a question right now!

Ask a question to an expert lawyer for FREE!

Lawyer's answer to the question: deprived of parental rights pay alimony
Yes, it should, deprived of rights and not duties.
———————————————————————

Should a father deprived of parental rights pay child support to children who are under guardianship? ...

Lawyer's answer to the question: deprived of parental rights pay alimony
Yes, he must, if the guardian has collected alimony in court.
———————————————————————

Lawyer's answer to the question: deprived of parental rights pay alimony
It doesn't matter if you pay
———————————————————————

What needs to be done and where to go?…

Lawyer's answer to the question: deprived of parental rights pay alimony
Hello Olga!

Your second husband can become a father only if ex-husband will agree to adoption / adoption in case of deprivation of his parental rights. As soon as the biological father pays alimony, then most likely he will refuse your request.
———————————————————————

What articles and codes can I rely on if I demand alimony in a fixed amount? ...

Lawyer's answer to the question: deprived of parental rights pay alimony
Appeal article 83 of the RF IC "Collection of alimony for minor children in a fixed amount of money."

1. In the absence of an agreement between the parents on the payment of maintenance for minor children and in cases where the parent obliged to pay maintenance has irregular, changing earnings and (or) other income, or if this parent receives earnings and (or) other income in full 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 recovery of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of parties, the court has the right to determine the amount of alimony. collected monthly, in a fixed amount of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed amount of money.

2. The amount of a fixed sum of money is determined by the court on the basis of 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.

3. If children remain with each of the parents, the amount of alimony from one of the parents in favor of the other, less well-off, is determined in a fixed sum of money collected monthly and determined by the court in accordance with paragraph 2 of this article.

Be sure to get a certificate from bailiffs about the existence of debt.
———————————————————————

Should a mother deprived of parental rights pay child support?

Lawyer's answer to the question: deprived of parental rights pay alimony
Hello, Tatyana Andreevna.

Read also: Transfer of debt from one contract to another

If you need help compiling all required documents and solve your problem, please contact me, I will be happy to help you.
———————————————————————

Lawyer's answer to the question: deprived of parental rights pay alimony
The obligation to support children of parents deprived of parental rights remains
———————————————————————

Lawyer's answer to the question: deprived of parental rights pay alimony
Yes, it should, deprivation does not exempt from paying alimony.
———————————————————————

Does a person deprived of parental rights have to pay child support?

Lawyer's answer to the question: deprived of parental rights pay alimony
Dear Elena,

Article 71. Consequences of deprivation of parental rights

Clause 2. Deprivation of parental rights does not release parents from the obligation to support their child.

Clause 4. A child in respect of which the parents (one of them) have been deprived of parental rights shall retain the right of ownership to the dwelling or the right to use the dwelling. and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receive an inheritance.
———————————————————————

how to recover half the cost of treating a child ...

Lawyer's answer to the question: deprived of parental rights pay alimony
File a lawsuit.

If the court considers it possible, then the father will be charged for treatment.

RF IC - Article 86. Participation of parents in additional costs for children

1. In the absence of an agreement and in the presence of exceptional circumstances (serious illness, injury to minor children or disabled adult needy children, the need to pay outside care for them and other circumstances), each of the parents may be involved by the court in bearing additional expenses caused by these circumstances .

The procedure for the participation of parents in bearing additional expenses and the amount of these expenses are determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed sum of money payable monthly.

2. The court has the right to oblige parents to participate both in the additional expenses actually incurred and in the additional expenses that must be made in the future.
———————————————————————

Can a minor of 14 years old sell his share in his father's apartment without his consent?…

Lawyer's answer to the question: deprived of parental rights pay alimony
I agree with the previous opinion and support the father's position, it is correct. Good luck.
———————————————————————

Lawyer's answer to the question: deprived of parental rights pay alimony
Since the father is not deprived of parental rights, his opinion is very important when selling a share, and since he is against it, it is not possible to sell a share, even with the consent of guardianship. The court will be on his side.
———————————————————————

Lawyer's answer to the question: deprived of parental rights pay alimony
A son cannot sell his share without parental consent. even if there is consent of guardianship. The opinion of the father is based on the law and on the best interests of the child.
———————————————————————

if the legal father of the child is deprived of parental rights, then should the father of the child, after the deprivation of parental rights, pay alimony ...

Lawyer's answer to the question: deprived of parental rights pay alimony
The obligation to pay alimony to the father of a child deprived of parental rights remains, and also the obligation to pay off the amount of alimony debt as well!
———————————————————————

Lawyer's answer to the question: deprived of parental rights pay alimony
after the termination of parental rights, the father of the child is obliged to pay alimony
———————————————————————

Should the ex-husband (we are divorced, deprived of parental rights) pay alimony for our joint child, if ...

Lawyer's answer to the question: deprived of parental rights pay alimony
Of course, the deprivation of parental rights should not exempt from payment
———————————————————————

Lawyer's answer to the question: deprived of parental rights pay alimony
He himself is in maternity leave or his wife?
———————————————————————

Lawyer's answer to the question: deprived of parental rights pay alimony
should not. must.
———————————————————————

guardianship…

Lawyer's answer to the question: deprived of parental rights pay alimony
Tatiana, good afternoon!

An aunt can obtain custody of a child only at the request of the father (your husband). This will be a free guardianship, and the aunt will not receive payments from the state. The child has parents and they are obliged to support the child.

And the father of the child will not have to help, namely, to participate in the upbringing and pay funds for his maintenance. IN otherwise and may be deprived of parental rights.

A mother deprived of parental rights is also obliged to support the child. deprived of rights, not duties.

It should also be borne in mind that it is better to pick up the child and, despite the cramped circumstances, raise him with the parent.

Children are very critical of their parents if they do not raise them themselves, and in adolescence, because of this, serious problems can arise that will be difficult, if not impossible, to solve.

This issue arises due to a number of factors.

Behind last years it is not uncommon for fathers to behave inappropriately, abuse alcohol and drugs, injure children by using violence against them. To protect the child from this, mothers resort to various measures, and the most common is.

Not all women can decide to take such a step, for fear of being left without material support from their ex-spouse - alimony. On the other hand, it is the non-payment of maintenance that can become the main reason for depriving the father of his rights.

Today, in the courts, this issue is considered comprehensively, and if a woman considers it right to protect her child from communicating with the second parent and deprive him of his rights, this does not mean at all that she will no longer receive maintenance for the baby.

Currently, mothers can apply for the existing alimony arrears, as well as for the further receipt of funds for the maintenance of the baby. It all depends on the circumstances that have developed in the family, and the nuances revealed in the process. judicial trial.

To come to the conclusion whether it is necessary to pay alimony to a father deprived of parental rights, you should first figure out for what reason and in what order this procedure. In fact, the process of depriving a citizen of his powers in relation to a minor is quite simple and standard.

This is a common lawsuit, which can be initiated not only by the mother of a minor, but also by other officials, as well as the prosecutor's office, representatives of a medical institution or a children's institution that a baby or teenager visits.

During the consideration, other issues related to the material support of a minor citizen are also raised.

According to the current legislation, namely the provisions of Art. 71 of the Family Code of the Russian Federation, a parent deprived of his rights is not exempted from paying alimony for his son or daughter, as well as from fulfilling other duties determined by law. Moreover, the parent cannot apply to the court even to reduce maintenance payments on the basis of deprivation of parental rights.

When child support payments stop when the father is deprived of parental rights

If the father was deprived of parental rights, this does not mean at all that he should not pay alimony, moreover, he retains all his duties, regardless of the reasons and grounds that were used to make a decision on the complete restriction of a citizen's rights.

Termination of alimony payments is possible only in those cases that are provided for by the Family Code. First of all, such a condition is that the child reaches the age of majority. After this moment, the father ceases to pay funds for his maintenance, however, if the parent had a debt for previous periods, then he is obliged to pay it off in full.

Also, a condition for the termination of payments for the maintenance of a minor citizen may be the conclusion between the parents of a minor of a special agreement, according to which the child will be presented with property of special value, or a large amount of funds replacing the regular payment of alimony.

And finally, the mother of the child can herself turn to the bailiffs with a statement according to which the funds will no longer be collected from the father, and the enforcement proceedings will be terminated. At the same time, she will have the right to apply to the SSP for re-renewal of payments.

Another option is legally defined, in which alimony ceases to be collected from the parent - when the minor has been adopted or adopted. In this case, the obligation to maintain the child is transferred to the new father, however, the law stipulates that the procedure can be started only after six months have passed since the citizen was deprived of parental rights.

Other rights of the child and parent

The deprivation of the father of rights in relation to the child implies the loss of all privileges that he can enjoy in the presence of family relations. If the court makes such a decision, the parent can no longer express his opinion regarding the choice of the place of education or treatment of the child.

And one more important question to which many mothers wish to receive an answer: if the father, deprived of parental rights, paid maintenance, this does not mean that in old age he can count on receiving material assistance from the child. In addition, in the event of the death of a minor, the parent deprived of parental rights will also not act as the heir.

With regard to the rights of the child, all his material claims are legally valid, including maintenance payments. In addition to the rights to alimony, the child can live in the father's home, and also have the right to inherit after his death.

Conclusion

As a result, we can conclude that a father who is deprived of his rights to a child in a court of law is not exempted from paying regular material maintenance in the form of alimony, but continues to transfer them until the child reaches the age of majority.