Termination of parental rights is a special institution of the current family law, which provides for the elimination of all privileges accorded to parents. The child in this deprivation retains all its rights, including the right to receive maintenance, the right to a share in the property, the right to further inheritance. Parent forfeits the right to obtain maintenance from the child in old age, the right to receive benefits associated with the presence of minor children. There remains a duty to pay child support, with no exceptions or decreases the established amount of the respective fees in the event of deprivation of parental rights, the law does not.
Termination of parental rights may be exclusively in the courts, and family law establishes the list of matters of which the court permits the consideration of that case. One such issue is the appointment of the alimony in the amount prescribed by law, which deprived the parental rights the father had to pay child support. That is why a separate application for award of maintenance in this case is not required, the judge must automatically consider this question by the direct instructions of the law. It is necessary to consider that in determining the amount of child support the General rules that are commonly used for their calculation. The monthly payment is established in fraction to the permanent income of the father, and in the absence of permanent income can be defined in the fixed amount, the combined method or in fractions of average earnings in Russia.
If for any reason the court did not consider the issue of appointment and payment of alimony in the resolution of the case on deprivation of parental rights, then the legal representative may apply with the relevant requirements at any time. The right to receive these payments in any case remains with the child until the child reaches the age of majority or acquisition of full capacity for other reasons. If necessary, after the issuance of the corresponding judicial act taken steps to trace the debtor, seize his property, the imposition of penalties for periodically receiving payments. To do this, the creditor must ask the bailiffs with the appropriate application.
As appointed child support when the father's parental rights?
Termination of parental rights may be exclusively in the courts, and family law establishes the list of matters of which the court permits the consideration of that case. One such issue is the appointment of the alimony in the amount prescribed by law, which deprived the parental rights the father had to pay child support. That is why a separate application for award of maintenance in this case is not required, the judge must automatically consider this question by the direct instructions of the law. It is necessary to consider that in determining the amount of child support the General rules that are commonly used for their calculation. The monthly payment is established in fraction to the permanent income of the father, and in the absence of permanent income can be defined in the fixed amount, the combined method or in fractions of average earnings in Russia.
Subsequent appeal for the purpose of child support
If for any reason the court did not consider the issue of appointment and payment of alimony in the resolution of the case on deprivation of parental rights, then the legal representative may apply with the relevant requirements at any time. The right to receive these payments in any case remains with the child until the child reaches the age of majority or acquisition of full capacity for other reasons. If necessary, after the issuance of the corresponding judicial act taken steps to trace the debtor, seize his property, the imposition of penalties for periodically receiving payments. To do this, the creditor must ask the bailiffs with the appropriate application.
