In this article, we will tell you how the procedure for depriving the father of parental rights for non-payment of alimony in Ukraine and Russia takes place, and whether such a pope retains the obligation to provide material support for his children in the future.
The order of depriving the father of parental rights for non-payment of alimony
In Russia, Ukraine and the vast majority of other legal states, the initiation of this procedure is carried out exclusively through the judiciary. In this case, the circumstances to which the mother of the child will invoke in support of her position on malicious evasion from payment of alimony must in all cases be confirmed by appropriate documents.
In such a situation, the plaintiff must have the court's decision to oblige the defendant to pay alimony and, in addition, various confirmations that the baby's father refuses to comply with this requirement. In particular, a man can be recognized as a malicious defaulter if he deliberately performs the following actions:
- delay payment for an extended period, not less than 4 consecutive months;
- systematically changes the place of residence and does not notify the mother of her child, as well as the bailiff service;
- Do not get employed officially;
- ignores warnings from public authorities;
- refuses to repay the accumulated debt;
- hides its true incomes.
Having prepared a package of necessary documents, the mother of the child must file a lawsuit and file it with the court at the place of official registration of the father of crumbs. Very rarely such a statement is submitted not by the biological mother, but by the legal representative of the baby. Of course, in the overwhelming majority of cases, women in this situation can not do without the help of professional lawyers, but in fact, it is not difficult to prepare the necessary evidence and describe the current situation in the lawsuit.
Are alimony paid if the father is deprived of parental rights?
Often in the process of preparing for litigation, both the mother and the father of the child are wondering whether the deprivation of parental rights frees alimony. In fact, the law does not relieve negligent parents of the obligation to provide the baby materially and pay his mother alimony, even when the court takes the appropriate decision.
After the deprivation of parental rights, the father will also have to pay alimony until the age of his offspring, but this procedure imposes a number of restrictions. In particular, from this moment the pope will lose some of the rights granted him by law, namely:
- to raise a child;
- on demanding a baby from other people;
- to receive maintenance from children who have reached adulthood;
to receive any property belonging to the child, by transfer of inheritance; - to participate in the adoption of children by third parties;
- to consent to the emancipation of his offspring;
- to receive social benefits and other benefits provided to families with children;
- to receive a pension in case of death of the child.