Alimony after deprivation of parental rights: legal aspects

The question of collecting alimony after the deprivation of parental rights often becomes a reason for disputes and misunderstandings.

In Ukrainian legislation, there are clear provisions on this issue, which regulate the responsibilities of parents even after they have lost their rights to the child.

This article will consider the main legal aspects related to the collection of alimony from parents deprived of parental rights.

Deprivation of parental rights: legal essence

Deprivation of parental rights is an emergency measure applied by the courts in cases where the father or mother grossly violates their duties to raise and support the child, or when their behavior causes harm to the child.

Deprivation of rights does not release the father or mother from the obligation to support the child, since this obligation is independent of the right to raise and communicate with the child.

Deprivation of parental rights means the loss of all rights related to the child: the right to communicate, participate in upbringing, receive information about the child's life and health, etc. However, according to the law, parents, even after the deprivation of their rights, are obliged to continue to provide financially for the child.

Legal basis for collecting alimony

The right to alimony is enshrined in the Family Code of Ukraine. According to Article 181 of the Family Code of Ukraine, parents are obliged to maintain their child until he reaches the age of majority.

At the same time, deprivation of parental rights is not a reason for exemption from payment of alimony. This means that even if the court has deprived the father or mother of parental rights, their obligation to pay alimony remains in force.

In addition, according to Article 166 of the Family Code, the deprivation of parental rights also does not exempt from the obligation to compensate for the damage caused to the child. This provision is important because it emphasizes that the deprivation of rights does not affect the material obligations of the parents to the child.

Determination of the amount of alimony

The amount of alimony is determined by the court, taking into account the financial situation of the alimony payer and the needs of the child. The court can assign both a fixed amount and a part of the payer's income.

At the same time, the court takes into account that deprivation of parental rights does not mean release from alimony obligations, and therefore, the amount of alimony is determined on general grounds.

It is important to note that the amount of alimony can be revised in the event of a change in the financial situation of the payer or the needs of the child.

This can happen either at the initiative of one of the parents or by a court decision. The court, considering such cases, is guided by the principle of ensuring the best interests of the child.

Liability for alimony evasion

In case of evasion of payment of alimony, appropriate sanctions may be imposed on parents deprived of parental rights. According to Article 196 of the Family Code of Ukraine, alimony arrears are subject to compulsory collection.

In addition, the law provides for the possibility of criminal prosecution for malicious evasion of alimony payments.

Forced recovery of alimony can be carried out through the enforcement service, which has the right to take a number of measures to ensure the execution of the court decision. In particular, it can be seizure of property, ban on traveling abroad, restriction of the right to drive vehicles, etc.

Impact of deprivation of parental rights on inheritance rights

An important aspect related to the deprivation of parental rights is the issue of inheritance rights. Deprivation of parental rights does not affect the inheritance rights of the child. A child, even if one of the parents is deprived of parental rights, has the right to inherit after that parent.

At the same time, a father or mother deprived of parental rights loses the right to inherit after his child.

Exemption from the obligation to pay alimony

In some cases, the father or mother may be exempted from the obligation to pay alimony. This can happen if the child was adopted by another person. Adoption terminates all legal ties between the child and the biological parents, including the obligation to pay alimony. However, even in this case, the arrears of alimony, which arose before the adoption, remain valid and subject to collection.

Alimony after termination of parental rights remains an important legal category that provides financial support for children even when their parents have lost the right to raise and communicate with them.

The legislation of Ukraine clearly defines that the deprivation of parental rights does not release from the obligation to pay alimony, and all material obligations to the child remain in force.

This ensures the protection of the child's rights and interests, giving him the opportunity to receive adequate support from his parents, regardless of the circumstances.