How to refuse alimony?

Elena Shchugoreva
Elena Shchugoreva
February 28, 2013
12756
How to refuse alimony?

Refusal of alimony is not so rare, as statistics show. Moms who received a court decision to receive payments for the maintenance of the child from the father, reconcile with the former spouses, receive from them real estate in return for refusing alimony. In a word, there are many reasons for refusal, but few people know how to refuse alimony. And this is not so easy.

By law - impossible

It turns out that, according to the laws of the Russian Federation, the refusal of alimony is impossible. Under the Family Code, this is a direct infringement of the rights of a minor child. Many daddies believe that they pay child support to his wife. This is not so, this money is targeted, and they are laid to the child. The obligation to pay alimony is removed only if the new husband of mommy adopts a child. Then the father will stop paying.

Failure to practice

Practice shows that the answer to the question of whether it is possible to refuse alimony, is still positive. Such are the Russian laws ... If you made alimony under a voluntary agreement, then you just need to write a voluntary refusal. You must notarize it.He will ask you to state the reason for the refusal, and only one can arrange it. You must prove that you can support a child without the help of your former spouse. By the way, you can refuse from alimony temporarily, reserving the right to re-initiate payments. In this case, be sure to indicate how long your refusal will be valid.

If you refuse alimony, which is accrued by the court, then just come to the bailiff service, write a statement of refusal, pick up the writ of execution. Borrowing alimony will stop. But the effect of judicial proceedings does not stop! If the wife refuses alimony, then she can renew it at any time.

Risk of failure

As we have said, the refusal of alimony is not provided for by law. If the ex-husband submits an application to the court that he has been deprived of the right to support his child, then the wife will be held accountable and the maintenance payments will be resumed.