After termination of parental rights, alimony is paid. If you are deprived of parental rights, do you need to pay child support in Russia. Financial assistance to parents

In Art. 71 of the RF IC provides that citizens deprived of parental rights are not relieved of obligations to financially support their children. It follows from this that a citizen who is not legally a father is obliged to guarantee the material component of the child's life. Do people deprived of parental rights pay child support? In case of abandonment of the child or in case of deprivation of rights in the course of legal proceedings, the father is obliged to pay alimony and finance the children until they reach the age of majority.

The deprivation of parental rights of a father or mother occurs exclusively in a court session and acts as an extreme sanction. For its application, a good reason is necessary - confirmation that the physical or psychological condition of a minor is at risk.

Restriction, and then deprivation of parental status occurs when evading parental responsibilities (for example, in case of malicious non-payment of funds for the maintenance of children). It is important that the debt is not “written off”, and the parent himself is not released from the obligation to finance.

Common grounds for deprivation of the status of a father or mother:

Alcohol, drug or chemical addiction.
Domestic violence, abuse, violation of the sexual integrity of minors.
The parent refuses to take the children from the department of the maternity hospital, other medical or educational institutions.

Payment Methods

Does a father who is deprived of his parental rights pay alimony? A citizen is assigned both the obligation to maintain a minor and the right to choose the procedure for transferring payments.

There are 2 forms:

Enforcement of payments. It is carried out by filing a claim with a justice of the peace or in the course of consideration by a district judge of a case on depriving a person of parental rights.
Obtaining maintenance on the basis of a voluntary agreement. It is drawn up between the parents, who must reach an agreement on the amount, timing and procedure for calculating payments.

Hold rule

The accrual of maintenance is carried out not independently by the alimony, but by the accounting department at the place of his work. Alimony is paid taking into account the amount of the citizen's monthly salary upon receipt.

In order for an accountant or other official to transfer alimony, you must present:

A writ of execution drawn up in accordance with a court decision on the recovery of funds, indicating their amount.
An agreement drawn up by the parties on a voluntary basis without going to court (Article 100 of the RF IC).

The basis for payment of maintenance is only a notarized agreement. A simple piece of paper with information, even if correctly drawn up, does not entail legally significant consequences.

Withholding of alimony in case of deprivation of parental rights occurs from the income received by the alimony (their totality):

earnings;
additional fees;
salary supplements (for example, for work in difficult conditions);
premiums;
pension payments;
scholarships;
benefits paid in connection with disability or temporary incapacity for work.

The legislator defines several sources of income that cannot be used to withhold paid alimony: payment in connection with the death of the breadwinner, compensation due to injury at work and one-time material assistance.

The size

Alimony after the deprivation of parental rights of the father must be paid in the amount established by Art. 81 RF IC:

If the representative proves the need to receive alimony in a larger amount (for example, in case of a serious illness of the baby), then by a court decision, their amount can be increased to 70% of the monthly income.

If there is no permanent income

Is a child deprived of parental rights required to pay alimony if he does not have a regular income? The absence of a place of work or other source of income for a citizen is not a basis for relieving him of his obligations to support a child.

By decision of the court, the recovery of funds from alimony will be carried out:

In a fixed amount (fixed);
In mixed form (simultaneously in solid and in fractions).

The amount of the fixed sum of money is determined by the court. The main task of the judge in determining the amount is to keep the children at their usual level of financial support. When resolving this issue, the financial and marital status of each parent, their ability to pay alimony, etc. are taken into account.

Who is suing?

Who can file for child support when the parental rights of the father are terminated? An application for the recovery of alimony is presented by a representative of a minor. Usually it is the parent with whom the child lives.

Less commonly, a claim is brought by guardianship and guardianship authorities. This usually happens when the mother refused to receive alimony from her ex-spouse, but the child needs material support.

Arbitrage practice

Judicial practice in cases of recovering maintenance from citizens after deprivation of parental rights is unequivocal - it is positive for the plaintiff. It is impossible to find an example when a person would be released by the court from fulfilling obligations for material maintenance.

It is important that more than 80% of cases of deprivation of rights are accompanied by additional consideration of the claim for the recovery of payments for children. The conditions of detention are determined by the judge in the decision on the case, so no additional filing of a claim is required.

If it is necessary to influence one or both parents, one of the most severe, but effective methods is to deprive them of their rights to the child. How this affects alimony, whether they need to be paid, in what amount and how to do it, read in this article.

On what grounds can parental rights be terminated?

The court and guardianship authorities are extremely reluctant to deprive of parental rights, since often even an inferior or not the best family is much better than an orphanage or other similar statements. However, in some cases there is simply no other way out. Loss of rights under the following conditions:

Failure to fulfill parental obligations. It is assumed that one or two parents do not watch their children at all, leave them alone for a long time.
Use for mercenary purposes. In such a situation, the parent or parents knowingly and deliberately use the child in order to make a profit. For example, they force you to beg.
Violence. When a child is regularly and severely beaten. This should not be confused with the usual spanking that many parents use as punishment, although this is not usually recommended. This also applies to sexual violence, that is, pedophilia.
Alcoholism or drug addiction. A parent may be deprived of his rights regarding the child if he regularly abuses alcohol or takes drugs.
Alimony evasion. This item can also be included in the section on non-fulfillment of one's duties, since it is an obligation to support a baby. However, in this case, it is much easier to prove the fact of such actions. It is this factor that causes the deprivation of parental rights most often.
Rejection of a child. If the parents do not take the baby from the maternity hospital or other institutions where he has been with full right for some time, they will also be deprived of parental rights.

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

Should parents, fathers or mothers who are deprived of the right to pay child support? Yes, without a doubt. Deprivation of rights does not imply deprivation of duties. Thus, even deprived of the opportunity to somehow interact or influence the baby, the parent is still obliged to support him on a common basis.

Does deprivation of parental rights exempt from alimony?

Responsibilities for the maintenance of a child in the event of deprivation of parental rights do not imply that there will be some kind of reverse interaction. A disenfranchised father must support the child, but at the same time, such a child is not obliged to support the father in old age. Also, such parents automatically lose the right to receive any alimony, benefits and privileges associated with the birth of a child.

Example: Mary had a son. Immediately after giving birth, she abandoned the baby and refuses to somehow interact with him. The father of the child files for divorce and demands to deprive the mother of her rights, since, in addition to refusing to take care of the child, she began to use drugs and alcohol. If the court satisfies this requirement, then Maria is automatically deprived of the right to demand alimony for her own maintenance and will not be able to receive maternal capital. The latter passes to the father, since it is from now on that he will take care of the child. At the same time, the father has every right to demand from Maria maintenance payments both for the maintenance of the child and for her own maintenance until the child reaches the age of 3 years and the father is not able to fully go to work.

Who has the right to file for child support in case of termination of parental rights?

In case of deprivation of parental rights, persons who have retained or received these rights can apply for alimony. If both parents are deprived, then the guardianship authorities or other relatives who, instead of the parents of the baby, took upon themselves the obligation to support him, receive such a right. If only one parent is deprived of the rights, then the second can apply for alimony.

Deadlines for the filing and collection of alimony

You can apply for alimony in case of deprivation of the rights of the mother or father at any time until the child reaches the age of 18 years or reaches the age of majority in any other way. However, the maximum period of the past period for which alimony can be collected is only 3 years and only on condition that the applicant can provide evidence that he has been trying to resolve the issue in a different way all this time.

Example: The child's mother demands alimony from his father deprived of parental rights. She submits an application when the baby is 5 years old. The mother has the right to file for child support for the last three years (thus losing payments for 2 years from the moment the baby was born), but only on the condition that she can prove that all this time she tried to solve the problem through a voluntary agreement.

Download a sample application for deprivation of parental rights and recovery of alimony

The documents

When submitting an application of this type, you must attach the following package of documents:

Applicant's passport.
Birth certificate.
Certificate of marriage and its dissolution (if any).
Certificate from the place of residence stating that the child really lives with the applicant.
Plaintiff's salary certificate.
Respondent's salary certificate (if any).

It is often very difficult to recover alimony from a person deprived of parental rights, since usually such a punishment implies the fact that the parent did not pay attention to the baby anyway. In order to bring the procedure to its logical conclusion and obtain the required funds, it is necessary to take into account all possible problems, the nature of which can vary depending on the situation. At a free consultation, experienced lawyers will help you sort out this issue and subsequently they will also provide support in drafting documents, collecting evidence and interacting with the court.

In the case of release from parental rights, the most important point is the issue of the subsequent collection of maintenance payments for the child. In accordance with the Family Code of the Russian Federation (FC RF), after the loss of parental rights, the mother and father do not get rid of the obligation to financially support a minor child until the age of majority. In case of refusal of the father or mother, the finances for the maintenance of the child are collected from the parents through the court.

Parental rights may be lost by one or both parents

Parental rights can be lost by one parent, most often the father, as well as by both parents. The release of parents from the rights to the heir with the recovery of alimony on him is subsequently carried out exclusively by the court, necessarily in the presence of the prosecutor upon filing a claim by one of the parents or guardian, preferably in the city / district where the defendant lives.

Claim and procedure for deprivation of parental rights

The RF IC describes in detail all the possible grounds for filing a lawsuit against a father or mother to release parents from parental rights. In order for the court to accept a claim against a father or mother, the following grounds must appear in the case.

Malicious refusal to pay alimony. It is interpreted as the unwillingness of the parent to fulfill his parental duty, and is proved by the corresponding certificate of alimony debt.
Refusal to receive a newborn offspring from the maternity hospital with the absence of circumstances motivating this decision.
Carrying out violence against a child. This includes both moral acts of a violent nature and physical ones, including sexual violence and harassment.
Abuse of alcohol, narcotic and psychotropic drugs. The relevant medical report can serve as evidence.
The commission of a crime, after a negative impact on the health of a child or spouse, and proven by a court verdict in this case.

Child abuse can result in termination of parental rights

Abuse of paternal or maternal rights, a detrimental effect on the heir, namely, if the parent unreasonably restricts his child from participating in social life, inclines him to commit unlawful acts, etc. This ground as a reason to file a lawsuit to deprive the parent of the rights is rare due to difficulties in the process of providing evidence after the parent has committed these actions.

Assignment of alimony after the termination of parental rights

After submission statement of claim if the above facts are proved, the claim is satisfied, and the court issues a decision to deprive the father or mother of parental rights and imposes on him the responsibility to pay alimony. The RF IC also spells out all aspects of the procedure and amount of recovery of maintenance deductions from the father or mother of an offspring under the age of 18 after deprivation of paternity or motherhood. Aspects such as:

solvency and state of health of the parent-payer;
the age, financial situation of the plaintiff and the state of health of the child and the plaintiff;
the presence of the parent-payer of dependents, as well as the availability of alimony for other minor children;
other circumstances determined by the court.

The court decides to deprive the father or mother of parental rights and imposes liability on them for the payment of alimony

These aspects are taken into account by the court when deciding on the amount of monthly payments. The amount of alimony collected is at least ¼ of the payer's income per child, ⅓ for two children, ½ for three or more offspring. The amount of payments is not less than 30% of the amount established as the subsistence minimum for a child of a particular age. As can be seen from these norms, the collection of alimony is carried out on the basis of proportionality to the monthly income of the payer.

Collection of alimony

The Decree of the Government of the Russian Federation determines the types of profit from which alimony will be collected after the claim has been satisfied. According to the resolution, alimony is withheld from all available types of income of the payer, as well as maintenance, monetary remuneration both at the main and at the additional place of work of the payer.

Voluntarily or through court

A parent who has lost the rights to a child can pay alimony on a voluntary basis, by concluding an agreement and having it certified by a notary.

Often there are cases when the rights to a child (or children) are deprived of the father and mother at once. Or the parent was originally one. Under such circumstances, the child enters an orphanage, a boarding school, etc. for upbringing. Then alimony is collected from the deprived parent at the suit of the guardianship and guardianship authority, to whose maintenance the child is sent. It is this body that will act in court as a plaintiff. And also the interests of the child will be protected by an employee of the prosecutor's office.

Often a separate claim for the recovery of alimony does not have to be filed with the court, since when considering civil cases on deprivation of parental rights, the issue of alimony payments is subject to resolution automatically.

Calculation and payment of alimony

There are special features when paying alimony for children who, after their parents lost their rights to them, ended up in special children's institutions - orphanages, boarding schools, orphanages, etc. Such children go to full state support. Only this does not deprive their natural parents of the obligation to pay alimony for their maintenance. But such a circumstance can serve as a reason for reducing the amount of alimony payments.

The money received as alimony is credited to a personal bank account opened in the name of the child. He will be able to use them after graduation from a special children's institution, or earlier, if special circumstances arise.

Arbitrage practice

Do you know that

An action for termination of parental rights is filed by one of the parents, guardians, guardians, the prosecutor, guardianship authorities or other institutions acting to protect the rights of children. Other persons are not entitled to file such a claim, but they are able to intercede with the relevant authorities, with a request to apply to the courts.

The procedure for deprivation of parental rights is carried out in court, the initiator of this is the body of guardianship and guardianship or the prosecutor. Judicial practice is such that the issue of collecting alimony from parents who are deprived of their rights to children is resolved automatically. Therefore, it is often not necessary to specifically file a claim for their recovery.

In this order of things, the question of whether parents who are deprived of parental rights pay alimony is resolved by itself.

In practice, there are almost no cases when the court makes a decision to refuse to collect alimony from a parent deprived of parental rights. Since it acts solely in the interests of minors. If such decisions are found, then the reason for not collecting alimony is not the deprivation of parental rights, but completely different circumstances.

If you still have questions about how alimony is paid upon deprivation of parental rights, then ask them in the comments.

When men lose their rights to children, their ex-wives have one question: if the father was deprived of parental rights, should he pay alimony? A child in such circumstances loses not only a parent, but often financial support. The Family Code of the Russian Federation answers the question of whether parents deprived of parental rights pay alimony. According to him, both mother and father should support the child, regardless of whether both live with him and whether they participate in his fate. Even the court decision on the removal of parents from raising their offspring does not relieve them of financial obligations. Children raised by mothers must receive financial assistance from their fathers by law. Paternity and alimony are facts that do not depend on each other.

Why can a father be deprived of parental rights?

The legal reasons for such a decision are the following:

Neglect of parental responsibilities.
Cruel treatment.
Danger for the child, who is next to the father.
Committing crimes against a minor by the father.
Large alimony debt, malicious evasion of its repayment.

The payment of alimony, even to those parents who have already been deprived of parental rights, is prescribed by Art. 71 part 2 of this normative act. Their amount and the procedure for transfers are established at a court session, during which the court recognizes the parent as insolvent and not having the right to education.

At the same time, when the child reaches the age of majority, the father, after the deprivation of parental rights many years ago, cannot demand material assistance from him. Also, after the deprivation of parental rights of a father who raised a son or daughter on his own and lost this opportunity, he stops receiving all child benefits.

If the parent restores the rights to the children, they will again be listed in the same order. This fact will in no way affect his obligations under alimony. An exception may be the situation when a father who has raised one or more children is deprived of this right, and the children end up in an orphanage. When they are sent to an institution, the father only becomes a payer, but upon their return, the obligation to pay alimony is removed from him. Otherwise, the established amounts are paid until the age of majority.

Deprivation of paternity and voluntary alimony

What to do if the father is deprived of parental rights, whether he has to pay alimony, not everyone knows, and often the first thing to do is go to court. In fact, if the father himself wants to pay alimony upon deprivation of parental rights, you can do without a trial. It is enough to conclude an official settlement agreement with ex-wife. It is necessary to prescribe the procedure, conditions, terms and amounts of transfers.

For the contract to enter into force, it must be notarized. It begins to operate from the date of assurance. In terms of legal force, this document is equal to a writ of execution received in court. By signing it, the pope, deprived of the right to raise children, voluntarily assumes obligations.

In case of violation of the maintenance agreement, he will face the same punishment as in case of violation of the instructions of the judicial authority. If the father refuses to pay the money on time, the mother of the children has the right to apply immediately to the executive body to claim the amount promised by the ex-husband. You won’t have to file a lawsuit: the basis for collecting the debt will be a copy of the contract in the hands of the woman.

How much to pay if parental rights are terminated is decided by the parties. The amount of alimony can be any, but not less than the minimum established by law. So for 1 child, the father is obliged to pay 25% of earnings, for 2 - 33%; for 3, 4 children and more - 50%. It is important that after the contract is certified, the father cannot pay an amount lower than that specified in the agreement. If he wishes to reduce it, then he will have to negotiate again with his ex-wife and conclude a new contract with mandatory certification. Another option is to terminate the agreement and pay alimony according to a court order.

How are alimony obligated to pay?

If the father, who has lost parental rights, evades paying alimony to children, their mother has the right to apply to the court for their appointment by force. The court will issue an order and a writ of execution, on the basis of which, after the meeting and the official issuance of the ruling, sums of money will be collected.

The amount of alimony varies, they can be assigned as a percentage of the father's earnings, or in a fixed amount of money. The decision of the court in relation to alimony depends on 3 main factors:

the ratio of the amount of alimony and the defendant's earnings;
whether or not he has an official job;
wishes of truth.

Not only the mother of the children herself can file a claim for the award of payments. If the mother is not alive or she is also deprived of the right to education, instead of her, this can be done by a representative of the children's institution in which the minor is brought up. Alimony is awarded at the initiative of the guardianship and guardianship body that filed a claim for deprivation of rights.

Arbitrage practice

In most cases where child rights are terminated, a separate claim for child support is not required. Whether the mother or the guardian initiates the proceedings, the determination of the recovery of the father's funds is issued immediately following the decision to forfeit parental rights, without scheduling a new hearing. But sometimes a separate claim for the recovery of finance is still required. These are special reasons, including:

the absence of a permanent job and a white salary for the father of children;
concealment by the defendant of information about his place of work and income;
informal employment;
circumstances requiring very large financial costs (disability, serious illness);
unwillingness of the father to help children financially, evasion of alimony obligations.

Since the court first of all takes into account the interests of the minor, there are no questions whether the father is obliged to pay alimony. However, there are exceptions to this rule. Exemption from alimony is possible in the following cases:

Adoption of a minor by another man, for example, the new husband of an ex-wife.
Disputing paternity.
Voluntary renunciation of paternity due to the lack of biological relationship, proven after the birth of the child and obtaining a birth certificate.

How are child support calculated and paid?

After the loss of rights to children, alimony is collected from parents in the same manner as from other citizens. The following circumstances are taken into account:

the number of children in need of material assistance from the father;
the amount of earnings;
the level of need on both sides of the case;
income stability.

If the child is in an orphanage, he goes to state support. Although parents are not exempt from alimony, this still serves as a legitimate reason for reducing their amount to 1/6 of wages.

The father after the loss of parental rights pays less if:

The payer is a disabled person of the first or second group.
The child is emancipated, engaged in entrepreneurial activities or is employed.
The minor receives income from the property he owns.
The payer already has dependents who require maintenance by law.
The father already pays alimony to children born from other women.
The income of the payer is so great that the established percentage more than covers all the reasonable needs of the child.

The money goes to a personal account opened in the name of the orphanage by the employees of the orphanage in the bank. He will be able to use the accumulated funds upon reaching the age of majority or under special circumstances.

Is it possible to collect child support from a prisoner?

Another common question is whether the father who is deprived of parental rights and who is in prison pays alimony. This situation is also regulated by the Family Code. After the deprivation of parental rights followed, alimony will have to be paid even while in prison. When a parent works while incarcerated, they are deducted the same percentage of their earnings as child support as any worker. If he does not work, alimony is assigned in a fixed amount of money, and since he has no income, the debt accumulates during the period of imprisonment. His father will have to pay after his release.