Advice 1: Can I opt out of child support

Current family law does not provide for the rights of payee, its legal representative to refuse their payment. However, in practice there are cases in which the actual waiver of alimony is implemented by oral agreement between the parties.
Can I opt out of child support
The contents of the minor child is the responsibility of every parent, however, alimony the legal representative of the child is interested not always. The reasons why the mother or father of the child want to give up alimony can be of different nature. So, often between the former spouses remain good relationship, and earnings of the parent who left minor children, is enough for their full content. Sometimes parents want to change the monthly payments on any other methods for providing the child with everything necessary (for example, the acquisition of his property, assistance in the upbringing). The law allows only voluntary to provide additional support, however, the abolition of alimony in this case does not provide.

Is it possible to conclude an agreement to waive alimony?

As a method of cancellation of alimony is often referred to conclusion between the parents of the special agreement, which will incorporate all the features of the mutual maintenance duties of children. But in practice this method is almost impossible to implement, since the contract must verify the notary. No notary office would not agree to approve an agreement that contradicts the current legislation. Meanwhile, the abolition of the obligation to pay child support belongs to these contracts. The lack of notarization of the agreement means failure to comply with its forms, which entails the invalidity of such agreement.

What threatens a verbal agreement for waiver of child support?

The only way to abolish alimony in the presence of the consent of both parents for such cancellation is a verbal agreement between them. Thus, in the presence of the notarial agreement on payment of the alimony in a certain size of parties not abiding by verbally agreeing on the other the obligation to maintain children. In the presence of enforcement proceedings, the legal representative of the child (e.g., his mother) has the right to withdraw the writ of execution and to stop the forced collection of alimony. But the payer of the relevant amounts have to understand that these verbal agreements are not legally binding, so the other parent can use the opportunity to enforce the entire debt, including alimony payments for the missed period.

Advice 2: How to write a waiver of alimony

Payment of alimony is done on the basis of a court order or voluntary agreement in favor of minors or incapacitated parents (Chapter 13 of SK of the Russian Federation). The denial from alimony does not regulate any one article of the Family code and the Civil code, as this action violates the rights of minors and incapacitated citizens on the content, which is illegal. But in practice, to refuse payment of alimony possible.
How to write a waiver of alimony
You will need
  • - notary failure;
  • - a statement to the bailiff the termination or suspension of enforcement proceedings;
  • - your passport;
  • - writ of execution;
  • - the voluntary agreement;
  • - birth certificate of the child.
Not to write a refusal to pay alimony, do not apply to the court and not make a voluntary agreement about their recovery. But if bodies of guardianship and guardianship will check your circumstances and content of the minor child and it turns out that he needs something, and alimony you receive, you will be forced forced to seek recovery of child support or will be considered a termination of your parental rights.
If you made a voluntary agreement to pay child support, you can go to the notary and to make a voluntary waiver of their payment. Motivate this by the fact that you can support the child and do not need additional financial support. Tell us your name, details of the Respondent name of the person in whose favor alimony paid. Write that you refuse receiving salaries, reason and timing, if the failure is temporary.
If the alimony paid under a court order, contact the court bailiffs and write a statement about the termination of enforcement proceedings (article No. 43 of the civil code), enter the reason for suspension of recovery of alimony. If a waiver is temporary, specify the time of suspension of proceedings to recover alimony.
You can pause or stop the Executive manufacture on collecting of the alimony, to write a notarized voluntary waiver of the payment, but all your actions are illegal. Besides, if you today wrote a failure or has suspended the enforcement proceedings, it does not deprive you tomorrow to apply to their recovery.
Do not forget that depriving persons held under the scrutiny and tutelage of the state on the contents and to a decent life, you run the risk that you will lose the right to fulfill the legal obligations of the parent, guardian or representative. You can start legal proceedings regarding the waiver of alimony. So think carefully before you write the waiver or to terminate the enforcement proceedings.
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