Deprivation of parental rights for non-payment of child support

Refusal to pay child support for a child allows initiating the process of depriving one of the former spouses of parental rights only under certain conditions. Legally, the procedure for deprivation of paternity (maternity) is quite complex and cannot be carried out without the assistance of a specialist.

The cost of services provided by the lawyers of our firm on such matters depends on the situation and is determined after a preliminary analysis of the facts.

Evasion of child support payments

The law provides a number of valid reasons for which payments may be temporarily suspended or the amounts significantly reduced. However, the person paying child support cannot make such a decision on their own. For example, if a parent living separately from the child suspects that the transferred funds are being used improperly, they must contact the guardianship authorities, which will initiate the appropriate investigation.

A parent’s court-declared incapacity does not exempt them from paying child support. However, under certain circumstances, their guardian may petition to reduce the amounts recovered from a pension.

Reasons that do not constitute grounds for non-payment of child support:

• low salary, lack of steady employment, or debts to creditors;
• the higher income of the parent living with the child compared to the official income of the person paying child support;
• the remarriage of the former spouse who is the recipient of child support;
• refusal to make payments due to expenses for supporting children from a new family;
• inability to see the child for certain reasons and to participate in their upbringing;
• the payer’s (father’s) claim that he may not be the biological parent of the children he is obliged to support.

In such cases, the law does not provide for full or partial exemption from paying child support.

What does deprivation of parental rights mean for a father or mother?

Certain property and non-property restrictions apply to a person who has been deprived of parental rights. In particular, they cannot:

• take direct part in the child’s upbringing;
• demand that their opinion be taken into account on the child’s travel abroad;
• be an heir to the property belonging to the child;
• rely on state benefits and allowances granted to citizens with minor children;
• participate in the child’s education process;
• control transactions made by children aged 14 to 18;
• claim a survivor’s pension in the event of the child’s death;
• exercise the protection of the minor’s rights and represent their interests in state institutions.

Liability for non-payment of child support

Deprivation of parental rights is an extreme measure. At the same time, a person who evades paying child support faces administrative liability under Ukrainian law, and in cases of malicious non-compliance with a court decision — criminal liability. In addition, if arrears arise without valid reasons, the recipient has the right to petition for the recovery of penalties from the payer.

Documents required for court

To initiate the process of depriving parental rights in court, the following documents must be prepared:

• a statement of claim filed by the parent or legal representative;
• the child’s birth certificate;
• the plaintiff’s ID card;
• divorce certificate;
• a reference issued by the educational institution confirming the defendant’s lack of participation in the child’s education;
• income statement of the parent initiating the procedure;
• witness statements from relatives and/or neighbors indicating that the payer does not participate in the child’s life;
• a certificate specifying the established amount of child support and the period during which payments were absent.

After a comprehensive analysis of your situation, our lawyer will take on the responsibilities of competently drafting the statement of claim and preparing all relevant documentation, as well as help you defend your position in court.