If one of the parents refuses to voluntarily maintain a common child in favor of the second, alimony may be recovered in court. Alimony is collected by a court decision as a result of a claim proceeding, but there is also a simplified procedure for their appointment - through a court order. In general, the maintenance of the child by the parent must be carried out until the child reaches the age of 18. However, on the basis of newly discovered grounds, it is possible to withdraw the recovery of alimony by canceling or revising the corresponding court decision.
Instructions
Step 1
In a number of cases, a court order in accordance with Art. 80-81 RF IC. The court order is issued on the basis of the submitted application without summoning / hearing the parties and court proceedings. This is the simplest form of decision to recover child support, which can also be easily reversed. To do this, within 10 days after receiving the decision, file an objection to its execution, where write "I do not agree with the order." The objection is filed with the judge who issued the order, after which the decision is overturned.
Step 2
If the decision on the recovery of alimony was made as a result of a lawsuit in absentia, at which you were not present, appeal this decision in accordance with Art. 237 Code of Civil Procedure of the Russian Federation. According to this law, you, as a defendant, can file an application to cancel the decision in absentia within seven days from the date you receive a copy of it. In the application addressed to the hearing judge, indicate your disagreement with the claim and the reason why you were unable to attend the hearing. A court decision in absentia can also be appealed in cassation (in a higher instance) within one month after you have missed the deadline for submitting an application to cancel the court decision.
Step 3
There are other objective reasons why a court decision on the recovery of alimony can be reviewed and canceled. So, when challenging paternity in relation to a child for whom alimony is paid, the basis for their recovery disappears. The basis for canceling alimony obligations from you is also the adoption of this child by another person. But according to Art. 120 of the RF IC, the only document canceling the awarded alimony is a new court decision.
Step 4
Within three months after the grounds arise, file an application for reconsideration due to newly discovered circumstances to the court that previously made a decision on the recovery of alimony. In the application, indicate the circumstances on the basis of Art. 392, attach evidence (DNA examination, court decisions, other documents). The court will issue a ruling to satisfy the application and cancel child support.
Step 5
Also, a new decision to determine the child's place of residence with you may serve as the basis for canceling alimony. In this case, in the application for reconsideration due to newly discovered circumstances, you should refer to the actual residence of the child in your place of residence.
