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What are the grounds for termination of child support payments?

Alimony obligations of relatives are regulated by the Family Code of the Russian Federation. Material relations are preserved in some cases after, which requires their legal registration for a long period. This can be alimony for a minor child, an adult child with a disability, a wife who is on maternity leave and caring for a child up to three years old. It is clear that alimony is paid for a long period, during which objective circumstances may arise to terminate obligations. All possible reasons for terminating the collection of alimony are described in Art. 120 RF IC.

Spouses are obliged to support each other financially, in some life situations, duties remain after a divorce. If the spouses separated during the wife's pregnancy, the husband is obliged to support her until the birth. After the birth of a common child, the mother is on leave to care for him for three years. Unable to work, she is entitled to two types of payments: for herself (up to three years old) and for a child (up to 18 years old). Payments are also assigned if she lost her ability to work within five years after the dissolution of a long marriage. When caring for a child with a disability of group 1, the mother has the right to alimony throughout the life of the disabled person.

If an agreement is drawn up between relatives, then the conditions for collecting and stopping the payment of alimony should be spelled out in it. In the event of a change in the life situation and the impossibility of fulfilling the terms of the agreement, one of the parties should apply to the court with an application for unilateral termination of the agreement. After a positive court decision, a claim is filed for the appointment or termination of maintenance payments.

A court order allows you to stop collecting alimony for your wife if she has registered a new marriage. Upon restoration of the wife's working capacity, withdrawal from parental leave, removal of disability from the child, the payer should file a claim for the termination of alimony. Alimony cases are automatically terminated upon the death of one of the parties.

Termination of payments for a child

Child support stops being paid at the age of 18 unless the child is disabled. This is a general rule, but there are prerequisites for early termination of alimony relations. If the child becomes legally capable before the age of 18, then on the basis of the payer's claim, the court cancels the payments. Based on Art. 21 and Art. 27 of the Civil Code of the Russian Federation, a citizen who has entered into marriage before reaching the age of majority is considered capable. Even if a divorce follows, the law does not provide grounds for resuming maintenance payments.

A child who has started working with official registration in accordance with the Labor Code of the Russian Federation cannot count on the material support of a parent. This does not include seasonal work and vacation employment. The beginning of entrepreneurial activity, formalized in the Tax Service, allows the court to refuse to collect alimony.

Cancellation of the recovery is possible in such cases only on the basis of a statement of claim for the termination of the payer's alimony, with a requirement to interrupt payments in connection with the circumstances that have come to light. It should be noted that the amounts paid earlier cannot be claimed back, the termination of payments is allowed after the adoption of a court order.

If a child is adopted or adopted, then payments stop. The new parent automatically assumes responsibility for the maintenance of the minor. is not a basis for the cancellation of obligations for the maintenance of the child. The court may reduce the amount of deductions, but it is unacceptable to completely exclude them.

Alimony relations cease to operate if the payer is recognized as incapacitated or has died. After the death of a parent who lived with the children, the receipt of alimony is transferred to the guardian or other relative who replaced the deceased. If the payer believes that the financial condition of the minor has improved, he got into a more prosperous family and comfortable living conditions, then it is possible to challenge the amount of payments in court, but it will not be possible to completely cancel alimony.

How to terminate child support

By law, the last day of payments falls on the eve of the child's birthday, when he turns 18 years old. After that, the recovery does not automatically stop, you should take the calculation of payments in the accounting department of the enterprise, send it to the bailiff in charge of this case. The bailiff, having considered the application and the final accounting calculation of payment obligations, issues a resolution on. The resolution is sent to interested parties and to the accounting department of the enterprise for the cancellation of transfers.

If the child has become capable, but has not reached the age of 18, then the payer should apply to the court with a claim in connection with the circumstances that have been revealed. The application must be supported by documents, for example, or a certificate from the child's place of work. At the end of the maintenance case, the debt obligations of the payer should be considered. After the age of 18, the child himself has the right to claim in court the debts for alimony remaining after the end of payments. Before applying, you should obtain a certificate from the FSSP, which includes all information on debts, penalties and fines.

The court, having received a claim from an adult, appoints the repayment of the debt in a fixed amount and the procedure for implementation. The defendant may appeal the decision of the court within the prescribed time limits to higher authorities. The court may reduce the debt or cancel it, considering the circumstances of the financial and family situation of the citizen. If it turned out that the payer transferred alimony, but the accounting department made a mistake in the address of the recipient or calculations, then the guilt is removed from him.

Termination of obligation to pay child support