In case of refusal to pay alimony, one of the parents has the right to file a lawsuit for the deprivation of parental rights. However, the procedure of deprivation of paternity or motherhood is quite a long and complex process, in which you must enlist the support of experienced lawyers.
Evasion of payment of alimony
Reduction of the number of money for alimony payment or termination of alimony payment may occur taking into account certain circumstances that are provided for by the laws of Ukraine. A person who is obliged to pay alimony to their child does not have the right to independently make a decision and suspend monthly payments. For example, if the father (or mother), who does not live with their child, suspected that the second parent does not rationally spend the child support, you can ask for help from the guardianship authorities. In this case, a family check will be organized without warning about the arrival of representatives of the guardianship authorities.
Also, parents who are incapacitated are not exempt from paying alimony. But given certain circumstances, such a parent can reduce the number of payments that will be deducted from their pension.
Reasons that DO not exempt a parent from paying alimony:
- Small (minimum) salary, lack of regular funds, debts to creditors.
- Inability to see the child or take an active part in their upbringing for certain reasons.
- If the income of the parent with whom the child lives is much higher than the income of the second parent paying alimony.
- Refusal to pay child support due to the emergence of a second family, where it is also necessary to provide for children.
- Remarriage of the parent with whom the child lives.
- Refusal of paternity, when the parent (father) does not recognize the fact that it is his child.
Taking into account such reasons, the law of Ukraine does not exempt the alimony payer from paying a certain amount of money, nor does it reduce the number of the amount.
Lawyers of Kasyanenko & Partners Law Company will conduct consultations for parents and tell them in detail about the rights of each of them.
What does the deprivation of parental rights mean for a father or mother?
A person deprived of parental rights has certain restrictions-property and non-property, namely:
- participate in child-rearing;
- participate in the child’s education;
- prohibit a child from traveling abroad without their consent;
- fully control transactions that are made by a child between the ages of 14 and 18;
- count on the property that legally belongs to a minor child;
- receive benefits and allowances from the state that are allocated for the maintenance of minor children;
- protect the rights and interests of a minor child in various state institutions.
Specialists of Kasyanenko & Partners Law Company offer their professional assistance in solving pre-trial and court cases related to the deprivation of parental rights.
Responsibility for non-payment of child support
As you know, deprivation of parental rights by law is an extreme measure. A person who refuses to pay the specified number as alimony must bear administrative responsibility. If the father or mother refuses to comply with the court decision and pay alimony established by the court, then you need to be prepared for criminal liability. If a person for unknown reasons delays the payment of alimony for a long time, the recipient has the full right to file a petition to recover the penalty from the payer.
Lawyers of Kasyanenko & Partners Law Company will study the case in detail, correctly evaluating the positions of each party. This will help specialists correctly draw up a statement of claim and send it to the court to get the necessary result.