As a rule, upon divorce, the court will assign child support to the second parent with whom the minor will live. If you do not want to receive money from your ex-spouse (s), you have the right to write a waiver of alimony. As spelled out in the Family Code of the Russian Federation, such actions are illegal, but in fact it is possible to refuse financial assistance.
Necessary
- - the passport;
- - birth certificate of the child;
- - Family Code of the Russian Federation;
- - Civil Code of the Russian Federation;
- - performance list;
- - voluntary agreement on the payment of alimony;
- - an application form for the refusal of alimony.
Instructions
Step 1
The surest way to refuse alimony is as follows. Do not go to court to recover money from the second parent. But, as practice shows, the guardianship authorities have the right to force you to go to court forcibly if it turns out that your child needs more funds than you have.
Step 2
In some cases, the parents draw up a voluntary agreement to pay money to support the child. When you are confident in your abilities, do not want to receive alimony, contact a notary. Make a statement. In the document, write down the personal data of your child, his date of birth. Indicate your last name, first name, patronymic, registration address. Fill in the details of the other parent receiving child support. In the substantive part, write the fact that you yourself are able to support the child. Indicate that you do not need outside financial assistance. Certify the application with the signature and seal of the notary.
Step 3
When the other parent is forced to pay child support in court, contact the bailiffs. Make a statement. Write in it a request to terminate the proceedings. Referring to Article 43 of the Civil Code of the Russian Federation, indicate the reason for refusing cash assistance. Be sure to write the details of the order under which the alimony is paid. Refusal of material support is possible for a certain period. In this case, write the period for which you are refusing alimony. Certify the application with your signature, date of drawing up.
Step 4
Think before giving up child support. After all, according to the law, you have no right to deprive your child of a decent life. The consequence of this may be litigation, as a result of which you may be deprived of your maternal (guardian) rights.