Deprivation of parental rights does not release from the obligation to support the child, on the basis of which alimony is collected from the parents. That is why, even with such deprivation, the father must pay alimony for minor children.
Deprivation of parental rights is a special institution of the current family law, which provides for the elimination of all privileges provided for parents. In such deprivation, the child retains all his rights, including the right to receive maintenance, the right to a share in property, and the right to subsequent inheritance. The parent is deprived of the right to receive support from a child in old age, the right to receive benefits associated with the presence of minor children. The obligation to pay alimony also remains, and the law does not provide for any exceptions or reductions in the established amount of the corresponding payments in case of deprivation of parental rights.
How is alimony assigned when the father is deprived of parental rights?
Deprivation of parental rights can be carried out exclusively through the courts, and family law establishes a list of issues that the court resolves when considering the relevant case. One of these issues is the appointment of alimony in the amount established by law, which a father deprived of parental rights must pay for the maintenance of a child. That is why a separate application for the appointment of alimony is not required in this case, the judge must automatically consider this issue by virtue of a direct indication of the law. It should be borne in mind that when determining the amount of alimony, the general rules apply, which are usually used for their calculation. The amount of the monthly payment is set in shares of the father's permanent income, and in the absence of a permanent income, it can be determined in a fixed amount, in a combined way, or in shares to the average earnings in the Russian Federation.
Subsequent application for the appointment of alimony
If, for any reason, the court did not consider the issue of the appointment and payment of alimony when resolving a case on deprivation of parental rights, then the legal representative may apply with a corresponding request at any other time. The right to receive these payments in any case remains with the child until he reaches the age of majority or acquires full legal capacity on other grounds. If necessary, after the issuance of the relevant judicial act, measures are taken to search for the debtor, arrest his property, and impose a penalty on payments received from time to time. To do this, the claimant must first apply to the bailiffs with a corresponding statement.
