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

Is it possible to deprive the parental rights for non-paymentalimony payments? If so, how can this be achieved? These questions are of interest to many parents. Especially those who owed money. Often it turns out that the child after the divorce remains with his mother. The father is assigned alimony for payment, 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 the right to carry out the care and education of a minor? What are the consequences of this?

Is there a right

First, let's analyze whether evasion from 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, onthe present moment in Russia the payment of alimony is an original 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, the citizen is expected to be punished.

For example, the deprivation of parental rights for non-paymentalimony. Judicial practice 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 deems 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 is removedresponsibility for the upbringing and maintenance of the child. 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 consideredAn unworthy applicant for the property of the child, if the latter dies. But the minor at the same time has all kinds of inheritance from a negligent father or from a mother who is not a payer.
3. With a minor after reachingof age, the responsibility for the maintenance of a parent who does not pay alimony is removed. And even through the court it will not be possible to obtain recovery of money from an adult child.

These are the most common consequences, due tothe 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. Provided that the debt is further accumulated, it is possible to achieve their ultimate deprivation.

Good reasons

It should pay attention to the fact that citizenscan 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 mandatorypayment. If a divorce has established 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, the father, after a divorce, draws up an apartment for her daughter under an agreement that was adopted during the divorce.
2. If the parent after the divorce entered the university, then he has the right to reduce alimony. But only for the duration of training.
3. Also, the deprivation of parental rights for non-paymentthere is no alimony if the payer has suspected that his money transferred to the child's maintenance 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. Deprive parental rights can not, if the childfor 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. This method will not be considered a non-payment. 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 fornon-payment of alimony (Article 69 of the Criminal Code of the Russian Federation) should not take place unless the money is officially transferred by the person who refused to give birth and who gave consent to the adoption of the minor by another person. After the registration of all documents, money should not be paid by law. Nobody has the right to accuse such a "defaulter" in not fulfilling one's obligations.

All other circumstances can not be consideredrespectful. 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 shown by practice,the term "malicious evasion". What does it mean? To understand this is important, 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.

The following variants of the development of events can be classified as malicious evasion:

• 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 malicious evasion frompayment of money for the maintenance of the child, the act will be considered only after the conclusion of the court. So I'll have to try. 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. Not everyone understands what courts are required to apply.

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.

And what about if you do not know where you arecitizen? For example, if the father-payer is hiding? Then you can apply to the district court at the location of the defendant's property. Nobody has the right to refuse to accept the application.

Documentation

Further important is the collectiona 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;
• the details of the account to which the 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 extracts from the bank, which confirm the long non-payment of alimony (not necessarily in the presence of a court decision, but it is desirable to have them);
• witness testimony (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 speaks directly that money will not pay).

Only after this there will be a deprivationparental rights for non-payment of alimony. The documents listed above can be supplemented. For example, sms messages from the second parent. Any proofs and materials that can prove the failure of parental obligations will do.

Course of the hearing

How will the court take place? Everything depends on the situation - whether the defaulter hides from non-payment of alimony and court hearing, 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 fornon-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. An action is brought to this or that judicial body together with the list of documents. The selected 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. A person will again be forced to fulfill obligations, and he may be restricted in rights as a parent.

Principles of writing a lawsuit

What are the principles to 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 that, the word "Application" is displayed in the center, under this inscription - clarification of the reason for filing the claim.
3. The plaintiff describes the whole 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, Marina Dmitrievna Ivanova, (passport datawith the date of birth), Ivanov's mother, Kirill Ivanovich, (date of birth of the child);

In October 2005, we divorced. According to the court decision, my husband received alimony in the amount of 5,000 rubles a month. In December 2006, Ivanov Ivan Ivanovich stated that he would no longer "pay the principle" for the maintenance of the child. At the same time he came to meetings with his son regularly. In July 2007, by a court decision, my former husband had to pay the debt for the accumulated time, but the writ of execution was ignored by him. At repeated requests for debt repayment does not respond. The evidence is attached to this claim. In October 2007, I received a decision to declare my ex-husband a malicious non-payer.

On the basis of the above, I ask you to deprive Ivan Ivanovich of Ivan Ivanovich's parental rights.

(date, signature).

Conclusion

Now I see how deprivation happens.parental rights for non-payment of alimony. In fact, this process is serious. Judicial practice often tries not to immediately deny the non-payer of the rights of the parent. Usually give time to pay off debt.

Nevertheless, failure to pay child support is a weighty argument.for the deprivation of parental rights. This is a direct default on its obligations. And it is prosecuted. It is possible to deprive the rights of the parent both father and mother The main thing is that the debt should be long and large.