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Publication date: 25.04.2024
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Collection of child support, family code, procedure and conditions of termination. Cessation of the collection of alimony for the maintenance of a child may occur in cases where certain circumstances arise that lead to the termination or change of the obligations of the payer of alimony. Here are some possible reasons and procedure for such termination:
Child reaching the age of majority: If the child has reached the age of majority, child support may be suspended or modified according to the country's laws. In many jurisdictions, the obligation to pay child support usually ends when the child reaches the age of majority.
Change in financial circumstances: If the alimony payer is experiencing financial difficulties or his financial capabilities have changed, he can apply to the court to reduce the amount or stop the collection of alimony.
Change in the child's life circumstances: If the child's life circumstances have changed (for example, he got married or remarried, got a job with sufficient income, etc.), this can also be a reason to stop collecting child support.
Death of a child or alimony payer: In the event of the death of either the alimony payer or the child, alimony is automatically terminated.
The procedure for stopping alimony may differ depending on the country's legislation. In most cases, it is necessary to apply to the court with an appropriate application or to submit an application to the relevant social protection body to revise the amount or stop the collection of alimony.
Termination of child support in connection with the transfer of ownership of real estate may be regulated by the laws of the country and usually requires an appropriate court decision or agreement between the parties.
The resolution of this issue may depend on several factors, including:
Agreement between the parties: If the owner of the real property and the recipient of alimony have agreed to terminate the levy or change it in connection with the transfer of ownership of the real estate, this can be recorded in a written agreement between them.
Court decision: In the event of a disagreement between the parties or the absence of an agreement between them, the owner of the real estate or the recipient of alimony can apply to the court with a request to stop the collection of alimony in connection with the transfer of ownership of real estate. The court can make an appropriate decision after considering all the circumstances of the case.
Changing the terms of collection: In the case of transfer of ownership of real estate, the parties can agree on changing the terms of collection of alimony, in particular, reducing or stopping the payment of alimony for a child, if she has become unmarried due to a change in financial circumstances.
A statement of claim for the termination of alimony collection for a minor child - the template of such a statement can be as follows:
Dear Court,
{Name and surname of the supporting father/mother}, {identification number of the payer of alimony, if any} is contacting you with a statement of claim regarding the termination of the collection of alimony for a minor child {name and surname of the child} who has reached the age of majority.The defendant in this case is {name and surname of supporting father/mother}, who is/are obliged to pay alimony for the maintenance of a minor child.
The child {name and surname of the child} has reached {child's age} years at the moment and is considered an adult according to the current legislation.
Since the child has reached the age of majority, there is no reason to continue collecting child support.
Therefore, I appeal to the court with a request to stop the collection of alimony for the child {name and surname of the child}.
{Date} {Signature of supporting parent}
In any case, it is recommended to contact a lawyer or an attorney who has experience in these matters for advice and assistance in resolving this matter in accordance with the law.
