Ekaterina Kozhevnikova

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Hello, is the biological parent obliged to pay alimony if he was deprived of parental rights and the child was adopted? Also, is the adoptive parent obligated to pay child support? adopted child after divorce?

According to the norms of the current legislation, children who, for certain reasons, have lost the guardianship of their biological parents, are put up for adoption. One of the most common reasons is the deprivation of parents of their rights in relation to children. This procedure is regulated by Article 69 of the Family Code of the Russian Federation, which provides that, along with the deprivation of rights, the obligations to financially support the child remain, and consist in the payment of alimony. But, if the child was adopted, do I need to continue to pay child support? After all, article 137 of the Family Code determines that adoptive parents are equal to parents by blood and must take all the obligations of upbringing upon themselves.

Can a parent refuse to pay child support after adopting a child?

Biological parents, regardless of their status, must support their children until they reach the age of majority. According to Article 120 of the Family Code of the Russian Federation, if a child is adopted by other people, maintenance obligations are terminated. That is, after the child is adopted, the biological parents no longer need to pay child support. Only this does not happen automatically - this requires an appropriate court decision.

This rule also applies to cases where a child is adopted by a stepfather or stepmother after the parents divorce. As a rule, this is possible only with the consent of the natural father (mother), who lives separately, which must be in writing.

Alimony obligations remain with the biological mother and father only if the child was not adopted, but taken under guardianship (guardianship).

Procedure for going to court

Biological parents need to file a petition for exemption from maintenance obligations in the Magistrate's Court only after the adoption decision comes into full force.

In addition to parents, children and spouses, other family members are also entitled to alimony. Is it bad or good? Definitely difficult to judge. As they say, every medal has two sides. However, it is noteworthy that in most countries there are no such norms. There the legislator is limited. Let's look at the maintenance obligations of family members in more detail.

Right to receive child support

The Family Code of the Russian Federation refers to other family members as grandparents, grandchildren, brothers and sisters, stepdaughters and stepchildren, as well as actual pupils. The listed family members are persons who are obliged to pay alimony only under certain conditions.

The first condition that unites them all is that maintenance obligations arise if it is impossible to receive maintenance from children, parents, spouses. That is, maintenance obligations of other family members belong to the second priority. If there are alimony of the first priority, from which it is possible to receive alimony, alimony is not collected from other family members. The inability to receive alimony may be due to an unknown absence, death, proven evasion of alimony, total absence Money or the inability to provide the needy with a living wage.

The second condition is that other family members have sufficient funds to be able to pay alimony. If they are in need, it is impossible to collect alimony from them.

Peculiarities of recovery of alimony for other family members, peculiar only to these categories of persons liable to alimony. Let's consider these questions in more detail.

Alimony siblings

Alimony of brothers and sisters applies to both full and half relatives. Incomplete brothers and sisters must be consanguineous or uterine (have either a common father or mother).

If minor children cannot receive maintenance from their parents, they have the right to demand such maintenance from brothers or sisters. Siblings must be of legal age, i.e. over 18 years of age. They must be able-bodied, that is, they are not disabled or have not reached the age of 60 (for women 55) years. Older brothers or sisters must have enough money to pay child support, that is, they must not themselves need outside help.

Disabled adult brothers and sisters also have the right to receive alimony, these are primarily disabled people who need such assistance. Obligations for their maintenance arise in the absence of the opportunity to receive maintenance from children, parents and spouses.

Sibling support is not as obvious as support for other family members. Brothers and sisters often have difficult relationships. They may not communicate for a long time. It seems that from a moral point of view, such alimony is the most difficult to recover. In one of our publications, we considered the case when a sister was forced to support her unlucky brother, who received a disability due to alcohol abuse.

Alimony grandparents

If minor children cannot receive maintenance from their parents, they have the right to demand monetary maintenance (alimony) from their grandparents. Grandparents will pay alimony for the maintenance of their grandchildren only if they have sufficient funds for this. The amount of their total income must exceed the subsistence level, taking into account existing obligations to support other family members. The ability of a grandfather or grandmother to work does not matter for the recovery of alimony.

In practice, such alimony is quite rare, grandparents, if their children cannot provide sufficient maintenance for their grandchildren, usually themselves, voluntarily provide appropriate assistance. As a rule, such grandchildren live with these grandparents.

Even rarer cases in practice are alimony, which grandparents are obliged to pay to their adult grandchildren who have lost their ability to work, provided that they need help, but cannot receive it from their parents or spouses.

Alimony for grandchildren

The opposite situation arises in the case of the need of grandparents in an outsider. financial assistance. Now, grandchildren who have reached the age of majority, are able-bodied, and have sufficient funds, are obliged to pay alimony for the maintenance of disabled older relatives who need help. There are even situations when at first the grandparents paid alimony for minor grandchildren, and then the grandchildren pay alimony for the maintenance of these old people.

Grandparents can receive alimony from their grandchildren if it is not possible to receive alimony from their children or spouse for their maintenance.

Child support

Alimony has the right to demand not only relatives, but also actual educators. Actual educators include any people who have taken on the responsibility of raising a child, without issuing any documents for this. Such situations are quite rare today, but still have a place to be. Usually, children left without parental care are identified by guardianship authorities and registered in foster family or under guardianship. The main condition in this case is the period during which the educators kept the pupils, it must be at least 5 years. The upbringing of other people's children must be proper. These circumstances are clarified at the court session, if they are not confirmed, the court may refuse the claim. In addition, you can receive alimony from pupils only if it is not possible to receive maintenance from your children or spouse.

Alimony for stepdaughters and stepsons

Family law considers stepdaughters and stepchildren as payers of alimony of the second stage. The stepson will pay alimony to his stepfather if he does not receive support from his children or spouse. Since the duty of the stepmother and stepfather to support and educate the stepdaughter and stepson, respectively, is not fixed by law, grounds for collecting alimony can arise only if it is proved that the stepfather or stepmother themselves raised and maintained minors. In this case, as with actual educators, it is necessary that the upbringing and maintenance last at least 5 years, and be carried out properly.

Disabled family members in need of assistance (parents and children) have the right to receive alimony from brothers, sisters, grandfather, grandmother, grandchildren who have sufficient means. Stepchildren and stepdaughters are obliged to support their disabled stepfather and stepmother who need help, if the latter raised or supported them. They may be released from the obligation to support their stepfather or stepmother if they have been supported by them for less than 5 years or if the stepfather or stepmother fails to fulfill the duties of raising them. Pupils are obliged to pay maintenance to persons who have raised them and are in need of financial assistance, if these persons cannot receive alimony from their children or spouse.

If he paid them

If you haven't adopted, then no.

They had their own father. And the stepfather is a strange uncle for them.

No, it doesn't.

can my stepfather sue me for alimony he is married to my mom can my stepfather sue me for alimony he is married to my mom

If he didn't adopt you, then no. Only the mother can apply. Or he, by proxy, on behalf of the mother.

are you adopted? Only legal parents can apply for child support.

Only father or the mother can file for alimony, and if he adopted you, if he supported you for a long time and can prove it in court, then yes.

since there was no adoption, then he has no reason

And you don't want to feed him? You have no conscience, I would - filed. These need to be taught.

Click on Article 97 of the RF IC and view the text: does your situation fall under this?

he is someone else's uncle to you, you owe it to your father ..

no, it doesn’t, since you didn’t adopt you, and no one is your stepfather,

No. if he didn’t adopt you, then he’s not a stepfather

No, because he supported you for less than 5 years.

since you are not adopted by your stepfather, then you are an outsider to him, just like he is to you. the fact that he is married to your mother does not mean anything

Will a child receive a pension if the stepfather dies? and my father pays child support

After all, his stepfather did not adopt him, he has a father, so the pension is not due.

no, look for another stepfather for him

and fish to eat and aquarium to drink?

Only in the event of your death. (God forbid!)

Does a father have to pay child support if his children are adopted and take their stepfather's surname?

No, he gave renunciation of paternity.

Should anyway...

This alimony is a double-edged sword! And then, God forbid, what happens to him, the children will pay him alimony all his life.

No, I shouldn't ... but I hope that I myself will help proactively :-)

No, the adopting father is responsible for the maintenance of the children.

No, the father should not. But if the new marriage breaks up, the stepfather will pay alimony to the adopted children.

No. If the children were adopted by another person, then you are no longer their father, but you renounced parental rights by agreeing to the adoption. Now you are freed from any duties whatsoever.

Article 137 Legal Consequences adoption of a child 2. Adopted children lose their personal non-property and property rights and are released from obligations towards their parents (their relatives).3. When a child is adopted by one person, personal non-property and property rights and obligations may be preserved at the request of the mother, if the adopter is a man, or at the request of the father, if the adopter is a woman. the child loses the right to child support. The parent loses the right to provision in old age.

if it’s better to drink something than pay child support, let the wife pay her husband better

Family Code, Article 120. Termination of maintenance obligations 2. Payment of maintenance collected in judicial order, terminates: upon adoption (adoption) of a child for whose maintenance alimony was collected; Everything is very simple. Now, in which case, alimony will be paid by the one who adopted (adopted). And they thought it was a toy. I want to adopt, I want to refuse ...

no, it shouldn't. Article 120 of the RF IC - termination of alimony upon adoption / adoption / of a child for whose maintenance alimony was collected - after adoption / adoption / are no longer collected.

Can my child take the surname of his stepfather when receiving a passport? Will alimony be paid from my ex-husband?

At the joint request of parents under the age of 14, based on the interests of the child, this can be decided in the guardianship authority. See Art. 59 RF IC. It does not affect child support.

Let at least the name\"Putin \" takes...It does not affect alimony.

I can take a surname, but I don’t know about alimony

maybe only one fact can affect alimony - if his stepfather adopts him.

alim will get.may

With regard to the latter, a quarter of the payer's total income is charged for one child, one third for two children, and half of the monthly income for three or more children. wages. Payment of alimony to an unemployed parent is also made, since the lack of earnings is not considered a basis for non-payment of money for the maintenance of children. "Firm" alimony is established in a voluntary agreement or on litigation at the claim of the applicant, if there are grounds (temporary income of the payer, evasion of maintenance payments, etc.). The indexation of alimony is carried out according to general rule or in the order specified in the voluntary agreement. Note! It is unlikely that it will be possible to cancel the fact of adoption to get rid of the payment of alimony. It is rare for a judge to decide to revoke paternity (maternity) when the child was adopted voluntarily, with the consent of the parent.

in Russia in 2018

If one of the parents of the adopted child has died, then at the request of the parents of the deceased parent (grandfather or grandmother of the child), the child's personal non-property and property rights and obligations in relation to the relatives of the deceased parent may be preserved if this is required by the interests of the child. How to file for alimony after a divorce Such cases are considered in the course of civil proceedings. The decision on alimony can be appealed up to the cassation instance.

Attention Such cases are considered on average for 1-3 months, if the judge's workload is not too high. What documents are needed In order to cancel alimony, you need to collect a certain package of documents.

Attention

Where the plaintiff decides to file a claim, the court at the place of residence of the spouse can be chosen. If the claim is made correctly, the following happens:

The court accepts the application.
Within a month, it is considered and a decision is made on the payment of alimony and their amount.
The writ of execution together with the decision shall be submitted to Federal Service bailiffs to collect debt from the defendant.

Features of issuing an order if the husband does not work The absence of a husband's official income is not a reason not to pay alimony. If there is no salary, based on which the amount of alimony is indicated, the amount of the amount is taken into account living wage the region where the child and mother live.

According to the court decision, the defendant will be obliged to pay monthly half of the subsistence minimum for each child.

How to file for child support after a divorce

In the event that you decide to apply with such a requirement, you are obliged to realistically assess the chances and details of the case. According to Art. 120 of the RF IC, when a child is adopted, the obligations of the biological father or mother for maintenance and upbringing disappear. But if previously issued judicial act on collection or signed an agreement, during the adoption they do not cease to be valid.
To cancel them, you need to go to Judicial authority. The chance of winning a case is high if it can be shown that:

the new parent fully supports and provides the child with everything necessary;
the requirement to recover maintenance payments from a citizen deprived of parental rights is in the nature of an abuse of the right;
there is a suspicion that the funds will not be used for the needs of the child.

When making a court decision, the judge is guided by the interests of children, and rightly so.

Alimony to stepfather or stepmother
Alimony for an adopted child
How to file for child support after a divorce
How to cancel child support: sample application
Alimony for children after the divorce of adoptive parents
Do I have to pay child support if my child is adopted?
Stepfather after divorce child support

How to apply for alimony after a divorce in Russia in 2018 If, after examining all the circumstances, the judicial authority considers that the child needs material support from all parents, both new and former, he can retain maintenance obligations for payments from the father or mother deprived of this status .

Alimony for spouse after divorce

One way or another, to file an application, you will have to go to court personally or through a proxy. Responsibility for non-payment of funds If the defendant hides his income, the task of the bailiff is to find them. This may be money for renting an apartment, work without official employment, payment of interest on a cash deposit in a bank.
If the husband evades maintenance obligations, the following sanctions may be applied to him:

the appointment of a daily penalty in the amount of 0.5% of the debt;
inventory of property and its arrest;
revocation of a driver's license;
travel ban;
administrative arrest;
confiscation of property with its further sale on account of an unpaid debt;
criminal liability in the form of imprisonment for up to 1 year.

Let's outline the main points.

Can a stepfather file for child support?

a disabled needy ex-spouse (who became disabled before the divorce or within one year from the date of the official dissolution of the marriage);
a needy spouse who has reached retirement age no later than 5 years after the divorce, if the spouses have been married for a long time;

if the husband/wife has sufficient funds to pay maintenance.

If the marriage was short-lived and the spouse became disabled as a result of alcohol abuse, drugs or as a result of an intentional crime, or behaved unworthily in the family, then the second former spouse not obligated to pay child support.
When a minor is adopted by one parent of the opposite sex, it is possible to retain for him and the minor mutual obligations and rights, including alimony. Who pays child support if the child is adopted? There are three ways in which a child can be adopted:

A married couple adopts a baby (teenager) from an orphanage or orphanage, having undergone appropriate training and education, and acquires the status of parents through the court;
When the father or mother of the child registers the marriage, the new spouse has the right to become a foster parent if the relatives have previously been deprived of parental rights;
When one of the spouses became a widower (widow) and got married. New spouse legally entitled to adopt or adopt a child of a previously widowed parent.

The adopting couple can then end the marriage or lose parental rights.
The procedure for submitting documents and their list Russian legislation the fact of adoption is protected, i.e. is a secret not to be disclosed. However, the procedure involves a large number of people and a number of instances through which it is necessary to go in order to adopt a wife's child. The very procedure for adopting a wife’s child by a stepfather involves going through several stages, each of which will require certain documents.

So, the first instance where you need to apply is: I. Guardianship and Guardianship Authority. Instance in which you need to get a conclusion on the possibility of adoption by a specific applicant. For a conclusion, you should contact this authority at your place of residence.

However, if all members future family registered at different addresses, the procedure prescribes the appeal to this body at all addresses.

Stepfather after divorce child support

If the judicial authority deems it possible to remove the obligation of alimony from the adopter, judgment will become the basis that will make it possible to terminate the enforcement proceedings initiated against the parent (if bailiffs were involved for collection) and, along with it, payments. ATTENTION! In connection with latest changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge - write in the form below. Alimony to the stepfather or stepmother In the event that you decide to apply with such a requirement, you must realistically assess the chances and details of the case. According to Art. 120 of the RF IC, when a child is adopted, the obligations of the biological father or mother for maintenance and upbringing disappear. But if a judicial act on recovery was previously issued or an agreement was signed, during adoption they do not cease to operate.
Article 81 The amount of funds transferred for the maintenance of minor children depends on their number and is: 1/4 of the salary for one minor child, 1/3 for two children, 1/2 for three or more children Article 83 In some cases, the amount maintenance for the maintenance of a child can be fixed and does not depend on the amount of wages Article 89 During pregnancy and until the child reaches 3 years of age, payments on alimony are made not only for the child, but also for the wife Article 91 Both parents have the right to receive alimony How to file alimony after a divorce If you need to file alimony claim after a divorce, you need to:

collect the required package of documents;
draw up a claim;
take it to the World Court according to the place of residence.

You can download the child support petition here.
I am 27 years old, can I sue my father for child support? Is he on me? has the right to apply to the court with a demand for the recovery of alimony, regardless of the period that has elapsed from the moment the right to alimony arose. In the absence of an agreement on the payment of alimony for disabled parents in need of assistance, they are collected from able-bodied adult children in a judicial proceeding. Alimony amount. exacted from each of the children is determined by the court based on the material and marital status parents and children and other noteworthy interests of the parties in a fixed sum of money payable monthly. Can a stepfather or stepmother pay child support in Ukraine? Art. 268 of the Family Code of Ukraine (Family Code of Ukraine) does impose such obligations.