Deprivation of parental rights for non-payment of alimony: sample application, documents

Is it possible to deprive the parental rights for non-payment of alimony? If so, how can this be achieved? These questions are of interest to many parents. Especially those who owe money. Often it turns out that the child after the divorce remains with the mother. The father is assigned alimony to pay, as well as a schedule of visits to the minor. But quite often the parent-payer refuses to transfer money for the maintenance of the child without good reasons and explanations. Is it possible then to deprive him of his rights to care for and upbringing of a minor? What are the consequences of this?

Is there a right

First, let's examine whether evasion of payment of alimony is the basis for depriving parental rights? Perhaps, for this reason, it is impossible to realize the idea!

In fact, according to the law, at the moment in Russia the payment of alimony is a kind of replacement of the care and upbringing of a minor. After all, a child can only live with one of the parents after the divorce. The second is assigned monthly cash payments. In fact, this commitment, which must be implemented. Otherwise, a citizen is expected to be punished.

For example, deprivation of parental rights for non-payment of alimony. Judicial practice quite often meets with similar cases. A parent who constantly cares for a minor can file a claim against a defaulting debtor. And if the judiciary considers it proper, they will deprive the rights of the parent.

Effects

In fact, this scenario is extremely rare. Deprivation of parental rights (for non-payment of alimony or for other reasons) entails a number of legally significant consequences. Which ones?

Among the most significant points, the following points can be singled out:

1. With the parent-defaulter, responsibility for the upbringing and maintenance of the child is removed. A citizen ceases to be a legal representative of a minor, the second spouse has the right to terminate and suppress meetings with a toddler. There is a complete legal breakdown in kinship.
2. A person deprived of the rights of a parent is considered an unworthy applicant for the property of the child, if the latter dies. But a minor at the same time has all kinds of inheritance from a negligent father or from a mother who is not a payer.
3. From a minor, after reaching the age of majority, responsibility for the maintenance of a parent who does not pay child support is removed. And even through the court it will not be possible to obtain collection of money from an adult child.

These are the most common consequences, because of them the second parent usually tries to achieve legal justice. Also, it will not be necessary for a non-paying alimony to ask for a permit if the new passion wants to formalize paternity / maternity over a minor. It is because of the high responsibility and serious legal significance that the parent is first restricted in rights. If you continue to accumulate debt, you can achieve their ultimate deprivation.

Good reasons

It should pay attention to the fact that citizens can not pay alimony in full for valid reasons. Which one? In what situations is it worthwhile to go to court to deprive parental rights?

Among such situations, the following points can be singled out:

1. Payment of alimony may not be a mandatory payment. If, during divorce, it was determined that the second parent transfers part of his property to the child, then additional money after this operation should not be transferred. Only on personal initiative. For example, after a divorce, the father makes out an apartment for a daughter under an agreement that was adopted during the divorce.
2. If the parent after the divorce entered the university, he has the right to reduce alimony. But only for the duration of training.
3. Also, the deprivation of parental rights for non-payment of alimony does not take place if the payer has suspected that his money transferred to the maintenance of the child is not being used for the intended purpose. But then you have to defend your position. The parent is recommended to contact the guardianship authorities to conduct a check. During it you can not pay money.
4. Deprivation of parental rights can not, if the child for some reason will be a certain time to live with the payer. During this period, it is not necessary to transfer funds for the maintenance of a minor. Non-payment of such a method will not be considered. Payments are renewed from the moment when the child begins to live again where it used to be.
5. The last nuance is the deprivation of parental rights for non-payment of alimony (Article 69 of the Criminal Code of the Russian Federation) should not be held unless the money is officially transferred by the person who refused the child and agreed to the adoption of the minor by another person. After the execution of all documents, the funds should not be paid according to law. No one has the right to accuse such a "defaulter" in not fulfilling his obligations.

All other circumstances can not be considered valid. Is that the emergence of a new child from the payer. Then it will be possible to reduce the amount of alimony, but not completely remove it. Low earnings or even absence of work are all also disrespectful reasons. And people have the right to deprive the title of a parent.

The concept of "malice"

As alleviation shows, as practice shows, the term "malicious evasion" is applicable. What does it mean? It is important to understand this, because only in this case it is possible to talk about the deprivation of the status of the parent. Otherwise, there is only a restriction of the rights of a citizen in relation to a minor.

To malicious evasion include the following options for the development of events:

• The citizen changes his place of residence;
• A person hides his income;
• Intentional is not employed;
• Hides from the authorities and society;
• Delay payments for 4 months or more;
• Has a significant debt;
• Does not fulfill its obligations even after the visit of bailiffs.

It should be noted that the malicious evasion of payment of money for the maintenance of the child will be considered only after the conclusion of the court. So I'll have to try. Here there is a malicious non-payment of alimony. Deprivation of the parental rights of a careless parent became possible. But how to translate the idea into reality?

We go to court

It is necessary to sue the citizen. To do this, you need to know exactly where to go. In this respect, disputes often arise in Russia. It is not clear to everyone what courts are required to address.

In fact, everything is simple. In the process under consideration, district courts will be involved. It is in them that deprivation of parental rights for non-payment of alimony occurs. A statement of claim with a specific list of documents is submitted to the appropriate authorities at the place of residence of the defendant. This is important to remember.

But what if we do not know where the citizen is? For example, if the father-payer is hiding? Then you can apply to the district court at the location of the defendant's property. No one has the right to refuse to accept the application.

Documentation

Further important is the collection of a certain package of securities. A parent (usually a mother) or other plaintiff (for example, guardianship authorities) must provide, in addition to the statement of claim, a certain list of documents. Which ones?

Among the main and important papers distinguish the following components:

• Identity card of the applicant (passport of the Russian Federation);
• A certificate of divorce, as well as the birth of all underage children in common;
• Account details to which money is transferred from the payer;
• A copy of the court decision on "malicious" non-payment, as well as on the assignment of alimony;
• Certificate of marriage (if any);
• Certificates and bank statements that confirm the long non-payment of alimony (not necessarily in the presence of a court decision, but it is desirable to have them);
• Testimonies (all witnesses need to be registered in the suit with the contact details for communication);
• Other documents that may affect the course of the case (for example, audio recordings, on which the payer says directly that money will not pay).

Only after this, will the deprivation of parental rights for non-payment of alimony take place. The documents listed above can be supplemented. For example, SMS messages from the second parent. Suitable for any evidence and materials that can prove the failure of parental obligations.

Course of the hearing

How will the court take place? It all depends on the situation - whether the defaulter hides from non-payment of alimony and court hearings, or not. In the first case, everything is simple: on the appointed date the plaintiff and witnesses come to court, all materials are examined, then a decision is made on their basis. But usually non-payers still come to the meeting.

In this case, the deprivation of parental rights for non-payment of alimony (a sample application will be submitted) may never take place. After all, the defendant has the right to provide documents that will help defend his point of view.

How is the court going? The decision will be made according to the following algorithm:

1. A lawsuit is filed with one or another judicial authority along with a list of documents. The chosen authority appoints the date of the meeting.
2. On the appointed day, the guardianship and guardianship authorities, the plaintiff, the defendant, witnesses are invited.
3. The judge reads the essence of the claim.
4. The word is given first to the plaintiff, then to the defendant. At this point, the defaulter can provide materials that will affect the course of the case.
5. Witnesses are heard.
6. The judge examines all received information and issues a decision in the form of a writ of execution.

In fact, everything is simple. Especially if the defendant is not ready to pay the debt. But if he agrees, then most likely, the deprivation of parental rights for non-payment of alimony will not take place. The person will again be forced to fulfill obligations, and also he may be restricted in rights as a parent.

Principles of writing a lawsuit

On what principles should you write a lawsuit? After all, it is not so simple to carry out the deprivation of parental rights for non-payment of alimony. The application may look different. But there are basic rules to be followed by the plaintiff.

Which one? It:

1. In the upper right corner of the sheet the name of the body to which the citizen applies is indicated. There you also need to write information about the sender.
2. After the word "Statement" is displayed in the center, under this inscription - clarification of the reason for filing a claim.
3. The plaintiff describes the entire situation in detail, indicating which evidence he applied.
4. At the end of the claim, a demand is filed for the type "I ask to deprive the parental rights ...".
5. The date and the signature of the plaintiff are placed in the lower right corner of the page.

These are the basic rules to keep in mind. Also at the very end it is advisable to list all witnesses. Otherwise they simply will not be invited to the meeting.

Sample

Now it is clear how the deprivation of parental rights for non-payment of alimony passes. The statement of claim looks like this:

I, Ivanova Marina Dmitrievna, (passport data with the date of birth), the mother of Ivan Kirill Ivanovich, (date of birth of the child), I ask the real claim to consider the possibility of depriving the parental rights of my ex-husband, the father of the child, Ivanov Ivan Ivanovich (passport data or at least the date Birth).

In October 2005 we divorced. My husband was assigned alimony by a court decision in the amount of 5,000 rubles a month. In December 2006, Ivanov Ivan Ivanovich said that more "from the principle" will not pay for the maintenance of the child. At the same time he met regularly with his son. In July 2007, by order of the court, my ex-husband had to pay the debt for the accumulated time, but he was ignored by the writ of execution. On repeated requests for repayment of debt does not react. Evidence is attached to this suit. In October 2007, I received a decision to recognize my ex-husband as a malicious defaulter.

I ask on the basis of all of the above to deprive Ivan Ivanov of his parental rights.

(Date, signature).

Conclusion

Now it is clear how the deprivation of parental rights for non-payment of alimony occurs. In fact, this process is serious. Judicial practice most often tries not to immediately deprive the defaulter of the rights of the parent. Usually, they give time to pay off the debt.

Nevertheless, non-payment of alimony is a strong argument for the deprivation of parental rights. This is a direct default of its obligations. And it is persecuted by law. To deprive the rights of a parent, you can both father and mother. The main thing is that the debt was old and big.