Revocation of a writ of execution for alimony: a sample for canceling a penalty, will the debt remain with the bailiffs

The children live with you and you also support them, or it turned out that the child is not yours and you have challenged paternity. It would seem that what kind of alimony we can talk about, but they continue to be withheld. Submit a statement of claim to the court for the cancellation of alimony, a sample of which is given below, and an application to the bailiff service to stop the collection.

Without this procedure, alimony obligations will not cease. And if a debt arises, foreclosure on the property is also provided. Do not delay filing a claim and demand the cancellation of alimony through the court.

See also: What is the punishment for failure to pay alimony in 2021 - when is it criminal and when is it administrative?

Applications for cancellation of child support - samples and forms

Download free forms and samples of statements of claim for the cancellation of child support on various grounds. The article also provides examples of filling out objections and complaints against the reversal of court decisions and applications to the Federal Bailiff Service (FSSP) to terminate enforcement proceedings and cancel a penalty.

You will need:

Application form for cancellation of a court order for the collection of alimony (DOK, 12 KB).
Application form for cancellation of a court decision on the collection of alimony (DOK, 14 KB).
Sample claim for cancellation of alimony due to the child living with the father (DOK, 16 KB).
Claim for cancellation of alimony due to the child living with the father (DOK, 14 KB).
Sample application for changing the child’s place of residence, canceling alimony due to the child living with the father and collecting alimony from the mother (DOK, 20 KB).
Sample statement of claim for cancellation of alimony in connection with challenging paternity (DOK, 16 KB).
Sample statement of claim for the cancellation of alimony in connection with challenging paternity and for the return of funds paid (DOK, 18 KB).
Application form to the FSSP for termination of enforcement proceedings and collection of alimony (DOC, 31 KB).

How to write an application to terminate alimony payments

Cancellation of alimony ordered by the court can only be carried out through a lawsuit.
The possibility of canceling alimony is provided for in Art. 119–120 of the RF IC and PP of the RF Armed Forces No. 56 of December 27, 2017. They will have to be paid until a court order to cancel is issued.

Important! A decision made by the court to assign alimony cannot be canceled or changed by the parties by voluntary or amicable agreement. The request to terminate payments for minor children is considered in the lawsuit procedure - prepare an application to the court.

What are the rules for filing a claim?

The statement of claim is submitted to the court in written or electronic form, i.e. by filling out the form posted on the official website of the court. When writing, adhere to a formal business style, present the facts objectively, concisely and accurately, observing the chronology of events. The rules of compilation, form and content are set out in Art. 131 Code of Civil Procedure of the Russian Federation.

Follow the following structure when writing a claim to cancel alimony:

Header with details of the parties - indicate the name of the court (level of authority and address), full name of the plaintiff and defendant, their place of residence, contact information. If a representative is involved in the case, then information about him is indicated, and the data of the document on the basis of which he acts is entered.
The name of the claim is “Statement of Claim for termination of alimony payments” or “Statement of Claim for cancellation of alimony.”
Description of the situation that violates your rights and legitimate interests - state your vision of the situation, provide evidence that you are right, list all significant and important facts, and other information that could influence the court’s decision.
Indication of legislative acts that, in your opinion, can be relied upon when making a decision. Refer to the lack of legal grounds for further deduction of alimony from you under Art. 119 and 120 IC of the Russian Federation.
Request to the court - “I ask the court: to cancel alimony collected in court.” As part of one statement of claim, you have the right to put forward other demands relating to the payment of alimony and affecting the interests of the minor.
The claim price is the amount of your claims in rubles. It is indicated in the statement of claim and the calculation is attached on a separate sheet.
Numbered list of documents - Art. 132 Code of Civil Procedure of the Russian Federation. It must list: a receipt for payment of the state duty, certificates and extracts confirming the requirements for alimony cancellation, calculation of the cost of the claim, notification of delivery of copies of the application with documents to the persons involved in the case.
Signature and date of filing the claim. If your representative signs the claim, make sure that the power of attorney issued to him stipulates the right to sign and file a claim - Part 1 of Art. 54 Code of Civil Procedure of the Russian Federation.

Prepare several copies of the statement of claim. Their number must correspond to the number of participants in the case, i.e. at least 2 - one for the court and one for the defendant.

Important! You can independently, without involving the help of lawyers, draw up a statement of claim for the cancellation of alimony - the sample given at the beginning of the article, and our recommendations for filling out the claim will help you avoid common mistakes and increase the chances of having your claims satisfied in court.

What reasons to indicate in the application for cancellation of child support?

The list of unconditional grounds for termination of court-ordered alimony obligations is given in Art. 120 IC RF. The court will make a positive decision on the claim for cancellation of alimony if there is evidence of the occurrence of the following circumstances:

Acquisition of full legal capacity by a minor upon marriage - refer to Art. 21 of the Civil Code of the Russian Federation and clause 2 of Art. 120 IC RF. Starting a family before turning 18, even if the marriage is subsequently dissolved, allows you to cancel the payments. As proof, it is enough to attach a copy of your child’s marriage certificate and indicate the number and date of issue in the application.
Emancipation, i.e. declaring a child aged 16 to 18 years, by decision of the guardianship and trusteeship authority, fully capable - refer to Art. 27 of the Civil Code of the Russian Federation and clause 2 of Art. 120 IC RF. Indicate that the child works under a contract or runs a business. Attach a decision on emancipation, a certificate of individual entrepreneur and a declaration of income or a certificate from the place of employment indicating the salary.
Adoption of a child - reference to Part 3, Clause 2, Art. 120 IC RF. Responsibility for providing for the minor after the adoption decision is made falls entirely on the new parent. Attach the birth certificate and the court decision on adoption to the claim. But when a child is transferred to a foster family or guardianship, alimony is not canceled.
Death of the person receiving alimony or the child for whom it was paid. If it is not possible to obtain a copy of the death certificate, indicate the date of death of the alimony recipient.

On a note. If you have information about the occurrence of unconditional grounds for termination of payments, but there is no evidence, indicate this in the claim, and the court itself will request the missing document from the alimony recipient.

The court also has the right to exempt you from paying maintenance under Art. 119 of the RF IC if the arguments are convincing and the requirements are justified. In judicial practice, the reason most often indicated in a claim for alimony cancellation is a change in family and/or financial situation due to:

The child lives with the father or with another person who makes payments.
Disputing paternity.

How to file a claim to cancel alimony when living together with a child

Residence of a child with the alimony payer is the basis for the cancellation of alimony.
When a child is transferred to be raised and supported by a parent paying alimony for him, the question of canceling the maintenance previously assigned by a court order or court decision is made not by executing the decision, but by presenting a new statement of claim by this parent .

If a minor lives with his father and is fully supported by him, and the mother of the minor continues to receive alimony, you should file a claim with the court to cancel alimony, a sample of which you will find at the beginning of the article, with a requirement to determine the child’s place of residence and a request for reassignment of payments .

The form and content of the application must comply with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. In your claim, refer to Art. 57 and 65 of the RF IC, that when parents live separately, the court has the right to determine the place of residence of minor children based on their interests and taking into account their opinion. As proof that the child lives with you, please include:

A certificate of registration of the child in your apartment or other documents confirming your cohabitation with the child - a certificate of family composition, an extract from the house register, etc.
Checks and receipts confirming that the child is in your care.

And it is also advisable to indicate in the application the conditions created by each of the parents for the residence, upbringing and development of the child - GD of the Supreme Court of the Russian Federation No. 10 “On the application by courts of legislation in resolving disputes related to the upbringing of children”:

The type of activity and work schedule of each parent.
Financial and marital status.
Living conditions of the parties.
Moral and personal qualities of parents, supported by characteristics from the place of residence and work, from the child’s educational institution (school, kindergarten), from the clinic or testimony of witnesses (teachers, relatives, neighbors, doctor).
Relationships with the child, his attachment to you and other family members.
Who decides educational and organizational issues.
The child's desire to live with you.
Circumstances characterizing the current situation in the place of residence of each of the parents.

On a note. If you are going to demand a refund of child support paid for the period when the child lived with you, you must prove the date of his move. Temporary stay, incl. during the summer holidays, a child with a child support payer is not a basis for exemption from payment of child support - Explanations of the Armed Forces of the Russian Federation.

From the video you will learn how a father can avoid paying child support if his child lives with him:

What to consider when filing a claim to cancel alimony in connection with challenging paternity

Paternity is disputed - prepare an application to the court to cancel alimony payments.
Parents' alimony obligations are based on the origin of the children, certified in the manner prescribed by law - Art. 47 and 17 IC of the Russian Federation. A child's birth certificate is proof of his descent from the parents indicated on it.

Consequently, until the court makes a decision to challenge paternity and excludes information about the father from the child’s birth certificate, you will be considered his parent. Therefore, you have parental rights and bear parental responsibilities, incl. and on the material maintenance of the child.

Draw up a statement of claim taking into account the requirements of Art. 131 of the Code of Civil Procedure of the Russian Federation and indicate in it that the court has the right, at the request of the alimony payer, if the marital status changes, to release him from maintaining a minor child - Art. 119 RF IC. Demand the cancellation of child support based on disputed paternity.

The claim must also include the following information:

About already taken court decisions - on the collection of alimony and on challenging biological paternity.
About the period when you were married (official or “civil”) to the child’s mother, whether you lived together at the time of the child’s birth, whether you were present when the child was registered at the registry office, how you learned that the child may not be yours, etc.

How to cancel child support payments if the child is not yours:

How much state duty should I pay?

Claims of alimony payers for the abolition of alimony are subject to the rules for payment of state duty for statements of a property nature subject to assessment - clause 1, part 1, art. 333.19 Tax Code of the Russian Federation. Its size depends on the price of the claim, but cannot be less than 400 rubles. and more than 60 thousand rubles. For claims consisting of several independent claims, the state duty is determined for each claim separately.

In accordance with the provisions of clause 2, part 1, art. 333.20 of the Tax Code of the Russian Federation and clause 7, part 1, art. 91 of the Code of Civil Procedure of the Russian Federation, the cost of the claim is the totality of remaining alimony payments, but not more than for a year. If the value of the claim cannot be assessed, then the state duty is paid in the amount of 300 rubles. - clause 3, part 1, art. 333.19 Tax Code of the Russian Federation.

Consequences of failure

No less than the refusal of alimony itself, people are concerned about the consequences of such a decision.

There are no serious consequences in this case. Even if the mother refused to pay child support (for an apartment or just like that), this does not mean the father lost his parental rights. He can still influence the fate of children, participate in the educational process, make decisions, etc. Therefore, the absence of cash payments for children does not free a woman from communicating with her ex-husband (often the mother voluntarily refuses help only out of reluctance to contact the father).

A woman has the opportunity to change her decision (in the case of a refusal without receiving money or an apartment) and go to court demanding payment of funds. Since the financial situation of both parents may change before the child reaches adulthood, the court grants such requests. In addition, the child himself can subsequently protest the concluded agreement and demand a refund. In this case, the father will have to pay child support for the last three years.

When transferring an apartment or money for alimony, the actions are slightly different. In this case, it is considered that the father’s material responsibilities towards the child are fulfilled. However, in difficult situations, if the mother does not have the opportunity to provide the baby with the essentials, the decision may be reconsidered. Even the fact that the ex-wife voluntarily refused help does not exempt the father from participating in providing for the child.

It is possible to refuse alimony payments for a minor on a voluntary basis if certain conditions are met. However, one must understand that refusal (even when transferring an apartment or other funds for maintenance) does not exempt the father from participating in fate and upbringing.

Where and how to file a claim for cancellation of alimony

Since October 1, 2021, magistrates have jurisdiction only over cases of issuing a court order to collect alimony as a share of earnings or other income. All other disputes related to alimony, incl. and exemption from their payment, are now subject to the jurisdiction of district courts.

The territorial jurisdiction of claims for termination of alimony payments is determined by the place of residence of the defendant. It is also possible to submit an application to the court that collected alimony. Claims with stated demands for the collection of alimony and the establishment of paternity can be filed at the place of residence of both the defendant and the plaintiff - Art. 28 and 29 Code of Civil Procedure of the Russian Federation.

You can choose any method of filing a claim that is convenient for you:

Delivery to the court office in person, through a representative or by courier. On the copy of the statement of claim, the court employee must put an acceptance stamp, the date of filing the documents, the entry number and his signature.
Sending by Russian Post by valuable (registered) letter with acknowledgment of delivery and a list of the contents. This method of submission allows you to record the contents of the shipment. You will have a postal receipt and a list of attached documents in your hands. Be sure to keep the notice of acceptance of the letter by the court clerk.
Through the GAS “Justice” system, if the court has technical capabilities. Documents are submitted through a personal account created in the section “Submission of procedural documents in electronic form” and signed with an enhanced qualified electronic signature. You will receive notification of the acceptance of the claim to the email specified in the application.

How to cancel a court decision on alimony and what to write in an application for cancellation

You have the right to cancel a court decision both before it enters into legal force and after.
By the phrase “cancellation of alimony,” most parents mean the cancellation of a court decision on the forced collection of maintenance from a child. Regardless of the reasons why you disagree with the alimony order, you have the legal right to appeal the court's decision.

Courts provide explanations about the procedure and conditions for filing objections in the decision (judicial act) itself and indicate the period for its entry into legal force. And I’ll tell you how to write a legally correct application for cancellation and how to restore the missed deadline for appeal:

Child support order.
Absentee court decision.
A reasoned court decision made in the course of a claim proceeding.

How to write an application to cancel a court order

Regarding the execution of a court order for alimony, if the debtor receives objections, the judge will cancel it - Art. 129 Code of Civil Procedure of the Russian Federation. From the moment you receive the order, you will have 10 days to prepare and file objections. An application to cancel an alimony order is submitted to the reception office of the court that issued the court order. There is no need to pay a state fee when submitting it.

The document is drawn up in written form. It must indicate:

In the header (in the upper right corner) - the name of the court to which the application is being submitted, the precinct number and address; then the word “Debtor”, your last name, first name and patronymic, place of residence, contact information.
In the center, the name of the document is “Application to cancel the court order.”
The main part is the circumstances on which your claim is based, i.e. indicates the date of receipt of the court order, its number and date of issue, who issued it, what is indicated in the order and the payments awarded to you.
Objections - State the reason why you disagree with the penalty imposed. Although, according to the law, you have the right not only not to motivate your decision, but not even to indicate a reason for canceling the order - it is enough to indicate “I do not agree with the decision.”
Legislative framework - based on Art. 129 Code of Civil Procedure of the Russian Federation.
Petition part - in the center of the sheet write “I ask the court:” and on a new line “Cancel the order”, further indicating its date, number and by whom it was issued.
Date of application and your signature.

Most often, in an application to cancel an order, the reason for disagreement is indicated:

Loss of ability to work due to injury, illness, disability.
Difficult financial situation due to loss of job, increase in rent.
Appearance of other dependents.
Immoral lifestyle of a debt collector.
Doubts regarding paternity, etc.

If you missed the appeal period (10 days), then in the application for cancellation of the order in the petition part, add a clause about restoring the right to appeal. Indicate the reason for missing the deadline. Often, courts prefer to restore the term even if there are doubts about the validity of your reasons.

What to indicate in an application to cancel a court decision in absentia

The legislation allows consideration of alimony cases in the absence of the defendant - Ch. 22 Code of Civil Procedure of the Russian Federation. If you were absent from the meeting for good reasons and did not have the opportunity to notify the court about this, then you have the right to appeal such a decision. Submit an application to cancel the default judgment, taking into account the requirements of Art. 238 Code of Civil Procedure of the Russian Federation, indicating in it:

Name of the court that made the default judgment.
Your full name, address and contact phone number.
Link to Art. 242 of the Code of Civil Procedure of the Russian Federation, according to which you have the right to appeal a decision in absentia.
Circumstances and evidence indicating valid reasons for failure to appear and the impossibility of notifying the court about them in a timely manner.
Request to cancel the default judgment.
List of attached documents.
Date and signature.

You do not have to pay a state fee for filing an application to cancel a court decision in absentia.

How to correctly draw up an appeal and cassation complaint to overturn a court decision

If the district court refused to satisfy your claim with demands to terminate alimony obligations, you have the right to demand the reversal of this decision in a higher court. The appeal is carried out in the process of appeal or cassation proceedings by filing a complaint.

On a note. An appeal should be filed in court if less than 30 days have passed since the court decision was made. If from 1 to 6 months have passed, i.e. the decision has entered into legal force - an appeal should be filed with the cassation court. The form and content of the applications are identical and they are drawn up taking into account the requirements of Art. 322 and 378 Code of Civil Procedure of the Russian Federation.

In your application to overturn a court decision, please indicate:

Name and details of the judicial authority, your full name, residential address, telephone number and procedural position in the case.
Information about the decision against which you are filing a complaint - the case number assigned by the court of first instance and the decision being appealed.
The circumstances of the decision with which you do not agree and the rationale for them.
Links to legal provisions that, in your opinion, have been violated or have been incorrectly applied.
Facts and evidence that have not been properly examined or taken into account.
A petition to accept new circumstances or evidence for consideration with an explanation of why they were not presented in the court of first instance.
Request to cancel the decision in full/in any specific part/to make changes to it.
List of attached documents.
Date of compilation and signature.

Before filing an appeal or cassation complaint, you must pay a state fee of 150 rubles. - clause 1 art. 333.19 Tax Code of the Russian Federation.

The video explains how to appeal a court decision in order to defend your interests:

How to cancel child support. Judicial order

Cancellation of alimony in court

Collection of alimony payments and accrual of alimony arrears ceases from the moment a court decision is made on exemption from payment or cancellation of alimony.

Statement of claim for cancellation of alimony. Sample

A statement of claim submitted to the court for exemption from alimony payments or their cancellation must contain the following information:

the name of the court in which the claim is filed;
Full name, registration address of the parties - the payer and recipient of alimony;
information about the court decision that established alimony;
a statement of the circumstances that are the basis for exemption from payment of alimony or its cancellation;
petition to the court for the release or cancellation of alimony;
list of documents attached to the claim;

Sample statement of claim for cancellation or release of alimony

Documentation

The following documents are attached to the statement of claim:

copy of the passport;
a copy of the marriage or divorce certificate;
a copy of the child's birth certificate;
an extract from the house register about the composition of the family;
documents confirming the grounds for release or cancellation of alimony;
executive document on the basis of which alimony is collected.
receipt of payment of duty.

Where to contact?

To be exempt from paying or canceling alimony, you must file a claim in the same court that made the decision to collect alimony . After considering the circumstances of the case, the court makes a decision and issues a writ of execution. With this document you need to go to the bailiff service, which is responsible for collecting alimony under a previous court decision. A new court decision will be the basis for terminating enforcement proceedings for the collection of alimony.

State duty

Among the documents attached to the statement of claim, there must be a receipt for payment of the state fee. Its size is determined according to the rules established in the Tax Code of the Russian Federation (clause 1, part 1, article 333.19).

The amount of the state duty depends on the cost of the claim for alimony cancellation - the amount of alimony payments subject to cancellation for one year.

So, if the price of the claim is less than 20,000 rubles, then you will need to pay 4% of the amount, but not less than 400 rubles. If the price of the claim is 20,000 - 100,000 rubles, the state duty will be 800 rubles and 3% of the amount over 20,000 rubles. If the price of the claim is within the range of 100,001 - 200,000 rubles, a state fee of 3,200 rubles and 2% of the amount over 100,000 rubles is subject to payment. And so on.

If not a statement of claim is filed, but an application for the issuance of a court order for exemption from payment of alimony, the amount of the state duty will be half the amount payable when filing a statement of claim on the same grounds.

Example

Based on the court decision, citizen Demchuk P.V. paid alimony for his child from a dissolved marriage with citizen Vasilevskaya I.O. An amount of 1 from the salary was transferred to the bank account of Vasilevskaya I.O. monthly for three years.

Three years after the divorce, the ex-wife announced a new marriage with citizen Sovenko G.M. The new spouse is engaged in entrepreneurial activities and has real estate in Moscow and abroad.

Citizen Demchuk P.V. filed a claim in court for exemption from paying child support due to the fact that the child’s mother, I.O. Vasilevskaya, remarried, and the stepfather actually took upon himself the maintenance and upbringing of the child.

The court refused to Demchuk P.V. in satisfying the claims, since the new marriage of the ex-wife is not a basis for exemption from payment of child support, the stepfather is not the child’s adoptive parent and does not have the obligation to financially provide for the child, and the father is not exempt from this obligation.

How to draw up an application to the FSSP to cancel the collection of alimony

Write an application to the bailiff service to cancel the collection of alimony.
Having received a court order to cancel alimony, you will still have to notify the FSSP department about this decision. Write an application for revocation of the writ of execution and termination of enforcement proceedings. Only then will the case of forced collection of alimony be closed - Art. 43 Federal Law No. 229 “On Enforcement Proceedings”.

An application to cancel a penalty is drawn up in free form; the facts must be presented clearly and understandably. Please indicate:

In the header - the position and surname of the bailiff in charge of the case, the division of the bailiff service, your personal data and contact information, and the personal data of the claimant.
The name of the document submitted to the bailiffs is “Application for termination of enforcement proceedings.”
The descriptive part of the document contains the number of the enforcement case, the date of its initiation and data of the court decision, the reasons and circumstances of the occurrence of enforcement proceedings.
Grounds for canceling a penalty and terminating enforcement proceedings with references to legal norms.
In the pleading part - a request to terminate the proceedings.
List of attached documents.
Date and signature.

Register the application in the office of the district department of the FSSP. After this, it will be transferred to the bailiff who was involved in your case, who will issue a resolution to terminate the case and close the enforcement proceedings.

Important! The termination of alimony obligations does not always mean the completion of enforcement proceedings. If you have arrears for alimony and the court has not canceled it, then the bailiffs will continue to withhold funds from you in favor of the minor until the debt is fully repaid.

Is it possible to cancel alimony?

Are there really legal ways to stop child support payments? Yes, in some cases provided by law...

Alimony may be cancelled. This happens if there is no longer a legal basis for collecting alimony from the payer (for example, if it turns out that the payer is not the father of the child or the child has another “father” - the adoptive parent);
The payer may be exempt from paying alimony. This happens if the recipient of alimony no longer needs financial assistance from the alimony payer (for example, the child has resumed working ability and got a job). There are other grounds for exemption from alimony, which we will discuss below.

Both cancellation and release of alimony occurs exclusively by court decision , except in cases where the basis for termination of payments are the provisions of the alimony agreement concluded between the parents. This will also be discussed below.

So, in this article we will look at the main provisions of the law on the abolition of alimony and on release from alimony obligations.

FAQ

Q: How long does it take for a court decision on a claim to cancel alimony to come into force?

A: From the moment the court decision is issued until it comes into force, 30 days pass, after which you can submit an application to the FSSP to cancel the penalty and terminate enforcement proceedings.

Q: Can the defendant challenge the claim for cancellation of alimony and within what time frame?

A: The defendant has the right to file a counterclaim immediately after receiving a copy of the statement of claim from you. At the meeting, the court will consider both claims and make a decision based on the information and evidence provided in these documents. The defendant can also appeal the decision before the expiration of 30 days in the appellate instance or by filing a cassation appeal within 6 months after the decision enters into force.

Q: What should I include in the application if the child lives with the father, and the mother continues to receive child support ordered by the court?

A: In the statement of claim, ask the court to stop paying alimony in favor of the defendant due to the child’s transfer to permanent residence with you. You can ask for alimony from the mother to support the child until he reaches adulthood.

Q: Is it possible to apply for the cancellation of court-ordered alimony if the child was adopted by another person?

A: Yes, since the new father/mother’s child support obligations begin from the moment the court order on adoption is issued. In the statement of claim, ask the court to cancel alimony from the date of adoption.

Q: The couple underwent artificial insemination and are listed as the parents of the child on the birth certificate. Is it possible to challenge paternity and cancel child support?

A: A person who has given his consent in writing to the use of artificial insemination or implantation of an embryo cannot count on termination of alimony obligations. An exception is convincing evidence that you did not give consent, it was obtained fraudulently, or the child was entered on the birth certificate under the threat of violence or blackmail.

Q: Is it possible to return child support paid incorrectly?

A: Child support is not refundable unless you prove that the other parent committed illegal actions (forgery, deception, forgery of a writ of execution, etc.) and that he understood the illegality of his actions. If there is such evidence, file a claim against the recipient of alimony for a minor child.

Q: The biological father wrote a waiver of the child during the divorce, but the alimony was not cancelled. What is this connected with?

A: Deprivation of parental rights does not relieve one from the obligation to support a child. You can submit an application for termination of child support obligations when appointing an adoptive parent for your child.

Q: The ex-wife remarried and the child is supported by her new husband. Why did the court not satisfy the demands for alimony cancellation?

A: A spouse's remarriage without her new husband adopting a child is not a reason to stop paying alimony. You are obliged to provide financially for the child until he comes of age or until the child acquires full legal capacity (marriage, official employment).

Q: Is it possible to cancel alimony if the court ordered alimony to be paid to a pregnant wife, but the spouse is not sure of paternity?

A: Since a record of the child’s parents is made only after the birth of the child, all disputes related to establishing the origin of children are considered by the court only after the birth of the child. The court will refuse you, but after the birth of the child you have the right to re-file the claim.

Q: Is it possible to cancel an adoption and refuse child support for the adopted child? divorced

A: You can try, but the court has the right to oblige the former adoptive parent to pay funds for the maintenance of the child in the manner established by Art. 81 IC RF.

Agreement to cancel the alimony agreement

As mentioned above, alimony can be canceled or exempted from payment only through the court. However, in exceptional cases, it is possible to stop paying alimony if this is provided for in the alimony agreement concluded between the parents.

As a rule, the alimony agreement provides for a list of circumstances the occurrence of which allows the alimony payer to stop making payments. For example, a child’s employment, a spouse’s new marriage, family travel abroad, etc. The occurrence of a circumstance provided for in the agreement is the basis for termination of alimony payments without trial.

But it also happens when the alimony agreement has already been concluded and has entered into legal force. And the parents (or one of the parents) decided to make changes to it and provide new provisions. This can be done in the form of an Addendum to the Agreement on Payment of Child Support , which must also be in writing and notarized.

If one of the spouses does not cooperate and does not want to make changes to the alimony agreement, it will be necessary to seek the cancellation of alimony or exemption from its payment through the court. Of course, if there are legal grounds for this (and not just the grounds provided for in the agreement).

If you have any questions, ask our lawyers.
Legal advice will help you cancel alimony payments based on your circumstances. For example, if you disputed paternity, abandoned the child, your ex-wife got married, and the children were adopted. It is important not only to establish these facts. The key is to correctly file a claim to cancel alimony. Mistakes can lead to undesirable consequences. Lawyers will tell you how to file a claim, what to include in it, where to file it and what to do after the court hearing. Legal subtleties require special attention. Take advantage of the free consultation! Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Irina Garmash

Family law consultant.

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The alimony prescribed by the court is terminated only by a court decision made in the course of a claim proceeding.
If the court has satisfied your claims for alimony cancellation, the date of termination of alimony obligations will be indicated in the court decision.
The possibility of canceling alimony is provided for in Art. 119-120 IC RF and PP RF Armed Forces No. 56.
A statement of claim for the cancellation of alimony (a sample of the form and forms are given at the beginning of the article) is drawn up taking into account the requirements for form and content set out in Art. 131 Code of Civil Procedure of the Russian Federation. The list of attached documents is specified in Art. 132 Code of Civil Procedure of the Russian Federation.
The claim is filed with the court at the place of residence of the defendant or with the court that collected alimony, in writing (at least 2 copies) or electronically (the form is posted on the court’s website).
You can demand the cancellation of alimony on the following grounds: 1) acquisition by a minor of full legal capacity upon marriage or official employment, but only if there is a decision of the guardianship authority on emancipation; 2) adoption of a child by another person; 3) death of the recipient of alimony or a minor; 4) change in family and/or financial status (child moving to alimony payer, challenging paternity).
If you have information about the occurrence of grounds for termination of payments, but there is no evidence, indicate this in the claim, and the court itself will request the missing document from the alimony recipient.
If you are ordered to pay alimony by court, this decision can be reversed. File an application to cancel the court order (if you received a court order), submit an application to the court to cancel the court's decision in absentia (if the court hearings took place without you), file an appeal to cancel the alimony (if the court decision has not yet entered into legal force), write cassation appeal (to cancel an existing decision).

Share your experience of drawing up and filing a claim to cancel alimony. What circumstances did you refer to and what demands did you put forward? Were you able to immediately obtain a positive court decision or did you have to appeal it to higher authorities?

Responsibilities of a parent towards a child

The Family Code obliges parents to financially support their children (Article 80). Unlike other groups that are in need and apply for help from loved ones, the Legislator has prescribed a certain amount of monthly payments . It depends on the number of minor children, namely:

One child is entitled to a quarter of the payer’s total income;
For two children - a third;
For three or more – half of everything received.

In addition, parents or the court can establish fixed payments. In particular, this is resorted to if the amount of income is variable, received in foreign currency or seasonally.

After finishing school, children can continue their studies at a higher educational institution. This condition entails legal consequences - parents are not released from the obligation to financially support the child if he turns 18 years old. They must continue to pay alimony until their studies are completed or until the heirs reach 22 years of age.

These responsibilities of the father (or mother) remain even if they are deprived of parental rights.

Judicial practice shows that even the presence of significant life circumstances for the payer is not a basis for termination of alimony payments. Such circumstances include:

Disability;
Loss of ability to work;
Serious illness of the debtor or his family members;
Dismissal;
Large credit debt;
Other financial obligations: alimony to parents, other children, penalties, fines, compensation for moral damage, etc.

We have to look for other ways to solve the issue of how to get away from alimony. They exist, but you shouldn’t abuse them. The consequences of dishonest actions can be regarded as malicious evasion, for which both civil, administrative and criminal penalties are provided.

Mother's maintenance

The ex-wife has the right to alimony from her husband in the following cases:

She is pregnant with their child;
The baby has not reached the age of three;
The spouse is raising a disabled child who is under 18 years old;
The common heir is recognized as disabled from childhood.

In addition, she has the right to demand financial support from him even if she is in a difficult financial situation. A prerequisite is that no more than 5 years must have passed after the divorce .

Husbands have the same rights. According to statistics, of the total number of alimony debtors, women make up one fifth.

Such rights of ex-wives (or husbands) are quite justified. They are raising children and need additional financial support. Another thing is that the rights of payers should not be infringed.

You can read more about alimony for maintaining a wife for up to 3 years in a special article prepared by our editors.