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How to end child support in california
Child Support FAQs - support_famlaw_selfhelp
A: LCSA is involved in your case:
If you or the other parent receives welfare (like TANF) for your children, then the LCSA is involved in your case.
If you have asked the LCSA to help enforce your child support order, then the LCSA is involved.
If you still cannot tell, look at any paperwork you have received to see if you find any letters from the LCSA.
You can also contact your local child support agency (LCSA) and find out if they have a case for you. Or you can contact the family law facilitator for help.
A: The local child support agency always gets involved in cases where 1 of the parents is getting public assistance for the child or the child is in foster care. So if you or the other parent of your child is getting some kind of welfare for your child, the LCSA will get involved.
You can also get the help of the LCSA to get child support even if you are not on public assistance. If neither you nor the other parent is on public assistance but the LCSA is involved, it is probable that the other parent went to the LCSA to get help with child support.
A: No. The LCSA does not represent the parents or the children. The LCSA lawyers are not your lawyers. You are not a legal client, and the information you give the LCSA is not confidential.
Also, LCSA lawyers can give certain information about your case to other agencies, the other parent, or the other parent’s employer or lawyer.
Parents have the right to get advice from a private lawyer or legal aid agency at any time. You can also get legal information and help from the family law facilitator at your court.
A: The local child support agency has a lot of cases. They try to process their cases in a way that is fair to everyone. You can speed up your case by filing your own motion to change support. If you need assistance preparing your motion, you can get assistance from the family law facilitator. The local child support agency will still be involved in your case.
You must have a case open in which to file a motion for child support. If you do not have such a case, you will have to start one.
To get a child support order or to change the amount of a child support order:
File papers with the court clerk;
Serve a copy of your papers on the local child support agency; and
Serve the other parent.
A: Yes. If you and the other parent are in agreement about the support, the family law facilitator can help you prepare your agreement to submit to the court.
If you need help to reach an agreement, mediation can help you solve disagreements about money issues, like spousal/partner and child support and property. In some counties the family law facilitator can provide some child support mediation services.
You can also hire a private mediator to help you agree about money AND parenting issues. But it is not required. Private mediators are usually lawyers or mental health professionals. They usually charge between $50 and $250 an hour. Usually both parties share this cost.
To learn more about how mediation can help you, read Alternative Dispute Resolution: Options for Resolving Your Dispute or contact the family law facilitator in your county.
A: You should give a lot of thought to all the facts in your case before you decide to file a motion to change a child support order. The results can be different than what you expected.
For example, if you are the one paying support, the amount you pay may actually increase if the other parent's income went down. If you are the one getting support for the child, the support may go down if the other parent's income went down.
A: If you have a judgment in your case (your divorce has been completed, or there is a judgment of paternity), you can have someone serve a Request for Production of an Income and Expense Declaration After Judgment (Form FL-396) on the other parent, along with an Income and Expense Declaration (Form FL-150).
The other parent who receives your Request must fill out the Income and Expense Declaration and return it to you within 30 days after it was served. At the same time, the other parent must also send a copy of his or her most recent state and federal tax returns. Please note that these forms (FL-396 and FL-150) must be served by someone who is not a party to your case and who is over the age of 18 years; you CANNOT serve the papers yourself.
A: If you have not received a response after 35 days, or if the Income and Expense Declaration does not have complete wage information, you can send the other parent's employer a Request for Income and Benefit Information from Employer (Form FL-397). You can set the date by which the employer must send you the information, but you must allow at least 15 days. You must also send a copy of this form to the other parent.
The employer and the other parent must be served by certified mail, with postage fully prepaid and return receipt requested. Or you can have Form FL-397 personally served on the employer and the other parent by someone who is not a party to your case and who is over the age of 18 years. Learn more about Service of Process.
A: If you make more money than the other parent, you may still have to pay some child support or share costs such as employment-related child care or uninsured medical costs.
A: The court can give you credit for other child support orders that you are actually paying and for other children in your home that you support. The court usually does not give credit for stepchildren or grandchildren.
A: The amount of time that the children are with you is a factor in calculating child support. And, as a general rule, the more time you have your children, the less child support you will have to pay because you are spending more money to support that child when that child is in your home. The court considers the actual amount of time you spend with the child, not just what is ordered.
But the child support formula is complicated and it does not always work out this way. Other factors, like the other parent’s income and whether or not he or she receives public assistance, can end up making your child support the same (or even more) even if you have the children more often.
A: It is illegal for any employer to discriminate, retaliate, or fire an employee because of the existence of a wage assignment. If you believe your employer is discriminating against you or let you go only because of the wage assignment, talk to a lawyer or your family law facilitator. Click for help finding a lawyer.
A: Child support payments are automatically suspended (temporarily stopped) when the person who has to pay child support is in jail or prison or is institutionalized against his or her will for more than 90 days. The child support payments are only stopped after the first 90 consecutive days of jail or being institutionalized. Once the person who has to pay support is released from jail or from the involuntary institutionalization, child support payments start again at the amount they were before they were suspended.
There are 3 exceptions to the rule suspending child support payments. Child support payments will NOT be suspended or stopped if:
Even while in jail or institutionalized, the person supposed to pay the support still has the financial ability to pay child support,
The person obligated to pay was put in jail or institutionalized because of domestic violence against you or against your child
They were put in jail because they did not pay child support when they were ordered to.
If the local child support agency is involved in your case and they did not stop the child support payments while the person who has to pay was in jail or institutionalized, the person who has to pay can ask them (without going to court) to get credit for the time they were in jail or institutionalized. Remember that the child support is only stopped after the first 90 days of them being in jail or institutionalized.
A: Child support payments are automatically suspended (temporarily stopped) when the person who has to pay child support is in jail or prison or is institutionalized against his or her will for more than 90 days. The child support payments are only stopped after the first 90 consecutive days of jail or being institutionalized. Once the person who has to pay support is released from jail or from the involuntary institutionalization, child support payments start again at the amount they were before they were suspended. If you need to change the amount because you are not working or cannot afford the same payments you were making before going to jail or being institutionalized, you have to ask the court to change your payment. Click to change your child support order.
There are 3 exceptions to this rule suspending your child support payments. Your child support payments will NOT be suspended or stopped if:
Even while in jail or institutionalized, you still have the financial ability to pay child support,
You were put in jail or institutionalized because of domestic violence against the person you are paying child support to or against your child
You were put in jail because you did not pay child support when you were ordered to.
If the local child support agency is involved in your case and they did not stop your child support payments while you were in jail or institutionalized, you can ask them (without going to court) to give you credit for the time you were in jail or institutionalized. Remember that the child support is only stopped after the first 90 days of you being in jail or institutionalized.
A: In general, you have to file a request in court to end the child support. This request is called a motion. If you have a case with the local child support agency, you may be able to get your child support ended without having to go to court. Find out if you can just bring the LCSA proof that your child is no longer a minor and has graduated from high school, and that child support should be stopped. If the agency does not agree, you will need to file a motion with the court. If you were the parent ordered to pay support and you now have the child, you will still need to file a motion to either end support or get support from the other parent. If you do not change the court order, the other parent may be able to enforce the order you did not change.
If you owe any back child support, you will have to continue making payments until you pay it off. If there are any other children under the age of 18 from the relationship, you may need to file a motion to change your child support order.
If you need help, the family law facilitator can help you find out if you need to go to court, and if you do, help you with your paperwork. Find out how to file papers to change your support order.
A: If you were never served with any papers, you may be able to have the default and judgment canceled (or “set aside”). But you must act as soon as you find out that there was a default or judgment for support. If you do not act as soon as you find out about the default or judgment for support, the court may refuse to cancel the judgment.
This is a very complicated problem. Contact a family law facilitator or lawyer for help as soon as possible. Click for help finding a lawyer.
A: You may not be able to cancel (or "set aside") a judgment if you were served correctly. There may be some exceptions, but it is a complicated problem. Contact a family law facilitator or a lawyer for help as soon as possible. Remember: you must act as soon as you find out about the default or judgment! Click for help finding a lawyer.
Getting a court to cancel a judgment is difficult, particularly if the judgment is over 6 months old. If you cannot get the judgment canceled, there are other things you may be able to do. You can file a motion to change the support based on how much money you make. You can also ask the court to set a monthly payment so you can repay what you owe for back support in installments. This is called “arrearage” (back support).
Alert! The child support order will stay in effect even if you have no income or less income unless you ask the court to change the court order. The court will only change a child support amount for future payments, starting from the day you file papers asking for the change. The court will not be able to lower past child support amounts. Any arrearage (back support) will include interest, which is currently 10 percent per year. This can add up to a lot of money.
A: You can file a Notice of Motion for Judicial Review of License Denial (Form FL-670). This form asks the court to consider giving you back your license. The court will make the final decision, not the local child support agency.
Get the forms to help you get your license back. The family law facilitator can also help you fill out the forms you need and explain the process.
A: If your judgment for child support was based on a "presumed income," you ONLY have 1 year from the date of the first collection of money by the local child support agency to file a Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income (Form FL-640). Read the Information Sheet for Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income (Form FL-640-INFO) to learn more and see instructions.
WARNING: Do NOT WAIT to file your motion. Your deadline for filing may be less than 1 year in certain situations. Get help from the family law facilitator or talk to a lawyer. Click for help finding a lawyer.
If appropriate given the circumstances of your case, the court may set aside (cancel) the original support order and recalculate the guideline amount based on your actual income, or possibly your income earning ability, for the period of time for which a support judgment was entered.
You cannot use Form FL-640 to say that you are not the child’s parent. If you want to say you are not the child’s parent, talk to the family law facilitator or a lawyer as soon as can. These cases are very complicated. Click for help finding a lawyer.
If your child support order is NOT based on presumed income, talk to the family law facilitator to see if there is any other way to file a motion to cancel (set aside) the judgment. There are some reasons that the court may accept to set aside a judgment, but setting aside judgments is very difficult.
A: Since July 1, 1992, all local child support agencies must charge interest on all back child support. The money that you pay will be applied to current child support first and back child support next. Interest is usually the last charge to be calculated by the agency. Interest is:
10% per year for child support that was due on or after January 1, 1983; and
7% per year for child support that was due before January 1, 1983.
A: In general, the court only uses the parents' income for calculation of child support. However, the court can inquire about your spouse's income for the purpose of determining what effect the spouse's income will have in determining your after-tax income, and in unusual cases, for other purposes.
A: Child support money you pay is:
First applied to current support;
Then applied to principal owed for back support; and
Lastly, applied to the interest due on back support.
A: If the Local Child Support Agency is involved in your case, it is required to charge interest on all past-due child support. Interest is usually the last charge to be calculated by the Department of Child Support Services. The interest it charges is:
10% per year for child support that was due on or after January 1, 1983.
7% per year for child support that was due before January 1, 1983.
A:NO. Back child support cannot be canceled in a bankruptcy proceeding. Once it is owed, it will always be owed, until paid. You cannot use bankruptcy to get out of having to pay your child support obligation.
A: The court may, after careful consideration, set an income to be used in computing child support that is higher than the parent’s actual income. This might happen:
If the parent's "earning capacity" is higher than his or her actual income and it would be in the best interest of the children. (See California Family Code section 4058(b).)
Or if a parent is not working and could be, the court may set an income amount for that parent.
A parent’s earning capacity is determined based on both the parent's ability and opportunity to work.
If the parent is able to work but is not, the judge may estimate what he or she could earn using his or her work history or other information. If the judge does not have other information to use in estimating a parent's potential earnings, he or she might use the minimum wage amount.
If a parent has no ability or opportunity to work (like if the parent is in jail or disabled), the court cannot assign an income to that parent.
A: The court will set an order based on a parent’s "earning capacity" only if 3 factors are satisfied:
The parent must have an ability to work. In determining whether the parent has an ability to work, the court will look at his or her age, education, health, work experience, and other job qualifications.
The court will look at the parent’s willingness to work. Has he or she made a good-faith effort to get a job?
The court will look at whether the parent has an opportunity to work. Is there an employer that will hire him or her?
If the court looks at those 3 factors and determines that the parent should be earning money, it will base the child support order on what the court believes is that parent's earning capacity.
A: If it appears to the court that a parent who could work is not working and not making serious efforts to find work, the court may make a “seek-work” order.
A seek-work order requires a person to actively look for a job. It also requires him or her to keep a record of their job-search activities and report those activities to the court (and to the other parent) at some point in the future (usually at a future hearing). Reports of job-search activities are also to be made to the local child support agency.
Failure to comply with a seek-work order could permit the court to set income for that person and to make an "earning capacity" order.
Even if a parent is not working, the court may order him or her to pay an amount of support consistent with what it believes that parent could earn. This is known as the parent's "earning capacity."
In certain situations, even though a parent has no income, the court will order him or her to pay child support based on his or her earning capacity.
A court may also require a parent to attend job training, job placement, or other work programs.
A: A person who owes support and willfully fails to pay is ignoring a court order to pay support, so he or she can be prosecuted for being in contempt of court and may go to jail. This enforcement tool is generally used as a last resort when all other efforts to collect support have failed. If you are being charged with contempt of court and could face criminal charges, you have the right to a lawyer. If you cannot afford a lawyer, ask the court to appoint one for you.
A: Federal and California laws require that every child support order include an order for “medical support. ” (See 45 Code of Federal Regulations section 302.56(3) and California Family Code sections 3750 through 3753). This means that the court will order the non-custodial parent to provide health insurance for the child as long as it is available at a "reasonable cost." (See California Family Code section 3751).
You should also know that:
Health insurance includes vision and dental coverage. (See California Family Code sections 3750 through 3753)
The cost is presumed to reasonable if the cost to add the children is 5 percent or less of that parent's gross income.
The payments for heath insurance are in addition to the base child support amount.
If you do not think you can afford to pay your medical support order, you can file 2 forms to ask the court to change or end the order:
Request and Notice of Hearing Regarding Health Insurance Assignment (Form FL-478). To see information and instruction for this form, read the Information Sheet and Instructions for request and Notice of Hearing Regarding Health Insurance Assignment (Form FL-478-INFO). AND
Income and Expense Declaration (Form FL-150)
If you or your child is in need of access to more affordable health insurance, you may wish to contact Covered California. Covered California can help reduce the cost you pay towards high quality affordable health care. For more information visit www.coveredca.com or call Covered California at 1-800-300-1506
A: Termination of parental rights means that a person is no longer considered to be the parent of the child. If the court terminates a parent's rights, then he or she is no longer responsible for the child.
The court will usually only order a termination of parental rights if someone else is prepared to adopt the child.
If your child has been removed from 1 of the parents by the court, the court can terminate parental rights in order to free the child up for adoption.
The court will not order a termination of your parental rights if that would leave the child with only 1 parent responsible for his or her care and support.
You are required to provide financial support for your child whether or not you visit the child. Also, if your rights have been terminated, you still owe the child support that was ordered before your rights were terminated.
A: Every state has an agency to enforce child support orders. States must cooperate with each other to collect both current and back child support and locate parents and their assets. Laws may be different from state to state, but all child support agencies help each other. Federal laws require every state to enact the Uniform Interstate Family Support Act (UIFSA). UIFSA requires states to work together to establish and enforce child support orders from other states.
If the local child support agency is involved with your case, contact them and let them know that the other parent has moved and give them any information you have about the parent’s new address or work
A: If you and the other parent live in different states, you may use the Uniform Interstate Family Support Act (UIFSA) to enforce your child support order.
Trying to enforce child support across state lines is very difficult. You may want to open a case with the local child support agency to help you enforce your order. The local child support agency will work with child support agencies in other states locate and enforce child support for you.
A: If you think the LCSA is not handling your child support case properly, you may file a complaint with the LCSA. The LCSA has a complaint resolution system to resolve complaints about customer service, timeliness of service, payment and billing issues, and decisions to close a child support case. Complaint forms are available on the California Department of Child Support Services website.
Read about the LCSA’s Complaint Resolution Program.
How to Stop Child Support in California
By Her Lawyer on March 24th, 2021
Child support typically ends when a child is no longer considered a minor (18 years old), but can be ended sooner than the child’s eighteenth birthday. Here is everything you need to know about stopping child support payments in California.
Courts order a parent to pay child support in order to aid with the costs of raising their child. Child support is enforced by law, and missing payments may result in a parent losing their driver’s license. If a parent wishes to stop paying child support in California and avoid the consequences that can arise as a result of missed payments, they must inform the court that they wish to stop paying child support and providing a valid excuse for ending the child support payments.
Legal Grounds for Relief of Child Support Obligations
California’s Family Code Section 3691 states that fraud, perjury, and lack of notice are grounds for setting aside a court order. Lack of notice is grounds for stopping child support if a court finds that the parent wishing to stop paying child support did not have time to file a response to the original order; thus, resulting in a default child support order that the parent finds unreasonable. An individual must prove that if they would have had more time, they could have provided additional information to the court that would have resulted in a different child support order. Also, an individual needs to show that the lack of notice was not a result of the individual avoiding the information or failing to make themself accessible, but a result of a poor notice on the other parent’s part.
For cases involving fraud, perjury, and/or lack of notice, an individual has six months after they discovered, or should have discovered, the unlawful action to request an order to set aside a child support order. An individual should fill out a Request for Hearing and Application to Set Aside Support Order (Form FL-360) and submit it to their local court. California’s Family Code Section 17432 states that a parent is also allowed to request a child support order be canceled or reviewed if the judgment was made based on a parent’s presumed income rather than their actual monthly disposable income.
Filing to Stop Child Support
Once an individual has filled out the request to set aside a child support order, they should have their forms reviewed, make at least two copies of the form, and file the request with the clerk at the local court. Once an individual gets their court date, they should have an individual over the age of 18 serve the other parent the request for terminating the child custody order. A plaintiff should ensure that they fill out a proof of service; failure to do so can result in the defendant claiming that they were not given notice. After following the process, an individual should attend the set date for the court hearing.
Related: How to Modify a Child Support Order in California
Additional Ways To Stop Child Support in California
A parent may also stop child support by going to the court and proving that their child no longer needs their financial support, or that the other parent states that they no longer require financial support. Depending on the court’s decision, a parent may find themself no longer ordered to pay child support. If the court decides that a parent must still pay child support, an agreement can be reached with the child’s other parent.
A parent is automatically exempt from paying child support if their child enrolls in the military, gets married, or becomes emancipated. A parent should inform the court of these changes.
Related: How to Give Up Parental Rights and Not Pay Child Support
Can I stop paying child support if I can no longer afford the ordered amount?
If you cannot afford to pay the amount of child support that the court has ordered, you need to inform the court and request a change. You cannot simply cease paying child support; doing so will have negative consequences, such as the loss of your license.
Can I get custody in order to stop paying child support?
If a judge decides to grant you custody, and you did not previously have it, then the amount of child support you are expected to pay can decrease. Depending on the original amount you were expected to pay and how much the time spent with the child affects the amount, you may not even need to pay child support.
Related: Joint Custody Child Support: Who Pays?
If you need to stop a child support order in California, get your free consultation with one of our California Child Support Attorneys today!
Divorce and alimony: what are the women of Kyrgyzstan fighting for in the courts?
The most common lawsuits filed by women in Kyrgyzstan are divorce and alimony. This is approximately 85% of all family cases that are pending before the courts.
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According to the Supreme Court of Kyrgyzstan, from 2015 to the first half of 2019, local courts considered 117,377 family dispute cases. Of these, the number of cases in which women are plaintiffs is on the rise. In 2017, there were 4,428 such claims, in 2018 there were twice as many - 10 956, but only for the 1st half of 2019 - 5,634.
What do the dry data of the Supreme Court say? Families are falling apart. According to statistics, every fifth couple gets divorced in Kyrgyzstan. Moreover, almost a third of them break up without having lived in marriage for five years. As a result, about 13.3 thousand children are left without one of their parents. And that's just the children born out of wedlock.
Every year, starting from 2015, more than 150 thousand children are born in Kyrgyzstan. About 11% of them give birth to women who do not have an official marriage stamp in their passport. Half of the children born out of wedlock have a dash in the "father" column. If in the future the mother of the child wants to receive alimony, then first she will need to prove paternity in court. However, there are still few people who have decided to take such a step in the country and the Supreme Court does not keep statistics of such cases.
According to the data published in the Bulletin of the Supreme Court of the Kyrgyz Republic No. 2 for 2019, the largest percentage in the structure of family cases is divorce proceedings - 5490 claims for 6 months of 2019, or 62.6%. Compared to the first half of 2018 – 5,077 cases or 59.4% – we see an increase.
In second place in terms of the number of appeals is the recovery of alimony. There were 1954 such cases in the first half of 2019, or 22.3% of the total number of family cases. A year earlier, there were slightly more claims for the recovery of alimony - 2145 or 25%. At the same time, the ballot takes into account all claims for alimony, including claims for their reduction, which are filed mainly by men.
There are no former children
According to the Judicial Department of the Supreme Court, of the total number of enforcement documents received by them, almost half are orders for the recovery of alimony. And every year their number increases.
According to the latest data, there are about 4,000 alimony non-payers in Kyrgyzstan. Their debts range from 20,000 to 1.5 million soms (260-20,000 US dollars). Some fathers have not paid for more than 10 years.
Previously, debtors were prosecuted under Article 388 of the Criminal Code of the Kyrgyz Republic and could be sent to prison for up to 5 years. Now, according to the Code of Misdemeanors, they can only be fined between 40,000 and 60,000 soms ($533-800) or sent to community and correctional labor. However, neither tools nor norms have yet been developed.
In most cases, children after a divorce stay with their mothers, becoming ex-fathers for their fathers. Only 8% of alimony non-payers in Kyrgyzstan are women.
According to the Ministry of Internal Affairs, about 2.5 thousand alimony non-payers are wanted. On the website of the judicial department, starting from the end of 2019, the section "Search for debtors" was launched. However, the information is still not there. The section where data on debtors should be published currently looks like this:
Aida Sabyrbekova has been going to court for more than a year. First, she argued that her daughter was her father's daughter. Proved. Then she filed for child support. Won. True, the amount of alimony is 2,300 soms (31 US dollars).
“My daughter's father is not a poor man. The son of a former official who owns several companies. He constantly travels to foreign resorts, posts photos on Instagram, but does not want to help his daughter,” says Sabyrbekova.
Aida Sabyrbekova. Photo from personal archive
Then she had problems with leaving Kyrgyzstan with her daughter. And then began blackmail and threats from the father of the child. He threatened to never give permission for the child to leave if she did not stop sharing her story on social media.
However, Aida managed to get her consent just after she put her personal one up for public discussion. Many women, who did not even know her personally, supported the woman then. And the father, who did not even want to meet his daughter, gave up. He signed the permit, but only for one year. And he said that he would not extend it if Aida "behaves badly."
This is the first case in Kyrgyzstan when a parent sues himself, demanding to deprive himself of parental rights.
Now she is going to court again - she filed a lawsuit about the schedule of communication between father and daughter Emilia, because the girl really wants to see her dad. But dad does not need a daughter, and he filed a lawsuit in response to deprive himself of parental rights. And, according to Aida Sabyrbekova, this is the first case in Kyrgyzstan when a parent sues himself, demanding to deprive himself of his rights.
But, according to the Family Code of the Kyrgyz Republic, deprivation of parental rights does not deprive a parent of responsibility. And you still have to pay alimony to the “non-father”.
An analysis of judicial acts for the last month of 2020 (from May 15 to June 15), published on the website of the Supreme Court of the Kyrgyz Republic, showed that mainly men apply for alimony reduction. And they mostly get rejected. In just a month, about 1,000 family lawsuits were filed. It was possible to identify the gender of the plaintiff only in 40% of all claims. And 30% of the plaintiffs were women. True, if we talk about divorce proceedings, then the ratio is almost equal.
In the first place are divorce claims - 53% of the total number of claims in one month of 2020. On the second - claims for the recovery of alimony - a little more than a third or 32%. Further, 3% are claims for establishing paternity and for adoption / adoption. Total 9claims for the month were about reducing the amount of alimony filed by men, which amounted to only 2%. The same number of lawsuits for deprivation of parental rights, which are filed either by women in relation to fathers, or by guardianship or prosecutor's offices. And less than 2% of lawsuits are cases on determining the place of residence of children and the division of property of spouses.
The data of the Supreme Court, published in the Bulletin for the first half of 2019, confirms that divorce cases are in the first place - 62.6% (5490) of the total number of family cases (8767). Moreover, compared to 2018, divorce proceedings increased by 3%. 22.3% (1954 lawsuits) are cases for the recovery of alimony. Almost 15% of family cases go to the second round and are considered on appeal.
As regards the geography of submitted and pending claims, more than half of them are in the southern regions, in particular, in Jalal-Abad and Osh regions. Bishkek accounts for only 15% of all claims. This picture was shown by an analysis of published judicial acts on the website of the Supreme Court for one month of 2020.
The law is harsh, but we will not pass it
In 2019, women deputies initiated amendments to the laws governing the process of paying alimony. But the gender ratio in the parliament of Kyrgyzstan is unequal - 19 against 101 - and the amendments have not been adopted so far. The developer of the draft law , Aisuluu Mamashova , says that initially this document was rejected both by the deputies and by society itself, which is accustomed to believing that family matters are not subject to discussion.
On June 17, 2020, the bill was considered in the second reading, and it was sent back for revision.
The main changes proposed by the initiators:
"Malicious evasion" from paying child support : in the current Family Code, the concept of "malicious non-payer" does not exist. And if there is no concept, then there are no instruments of punishment. It is proposed to introduce a norm into the law, when a non-payer who evades payment for two or more times is considered “malicious”;
The minimum amount of child support : for one child aged 7 to 14 must be one quarter of the parent's earnings, but not less than half of the subsistence minimum of 4143. 44 soms (55.25 US dollars). At the same time, it remains possible to recover alimony in a fixed amount of money if the recovery in shares significantly violates the interests of the child.
Temporary restriction of the non-payer to leave the country.
Traveling a child abroad and obtaining a passport through a court order without permission from the other parent.
“At the last hearing they rejected three important rules that we proposed. The first is about the “malicious defaulter”. They also removed the rule on the export of a child by one parent. Left only by court order. And the third one, which was not missed, is the rule on obtaining a passport. The government was categorically against “malicious evasion”, and the migration services were against the fact that one parent could take the child abroad,” says Mamashova.
Aisuluu Mamashova. Photo: kenesh.kg
According to her, they had to fight for every point of the proposed changes. The deputies defended the right of the debtor to travel abroad even if there is a debt to their children.
“They came up with a whole list of reasons – 5 points. For example, the debtor will be able to leave if, for example, his close relative falls ill. These are again corrupt elements. I am glad that at least the minimum amount of alimony was left. Now mothers will not receive 100-200 soms ($1.33-2.67) a month,” the deputy says.
On June 24, the bill was approved in the Parliament in the third reading. And, as Aisuluu Mamashova said, the clauses giving the debtor the opportunity to go abroad have not been adopted. But mothers will be able to demand, in addition to alimony, the cost of treatment and education of the child. It remains only to automate the process of collecting alimony, as was done, for example, in Russia, Ukraine, and since last year in Uzbekistan, where minors from 2020 can independently sue for the recovery of alimony from their parents.
Fighting for children
Today, women in the courts are fighting not for their rights, but for the rights of their children. According to Article 36 of the Constitution of the Kyrgyz Republic, “every child has the right to a standard of living necessary for his physical, mental, spiritual, moral and social development ... Each parent is responsible for ensuring the living conditions necessary for the development of the child, within the limits of their abilities” .
Test: How to get child support in Kyrgyzstan?
Lawyer Aydina De helps women who find themselves in difficult situations, faced with injustice in the courts and their own families. She gives free consultations at the regional administration of Bishkek.
“I started helping women because I found myself in a similar situation,” she explains her position.
For many years after her divorce from her husband, she has been defending the rights of her child in court. First, alimony, which he does not pay, then she herself filed for a communication schedule. Currently, the process is underway on her claim against the actions of a bailiff.
“In women's cases, almost 95% of cases are won. Judges generally carefully consider claims where the interests of the child are defended. Rarely do they rule against. […] The main problem is delay. We have trials for years, although there are fixed terms - three months. This is how judges try to protect themselves by not considering, for example, a case without one side, although this is not a reason for postponing the process, ”says the lawyer.
Main photo: deputyandmizell.com
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US Supreme Court allowed fathers not to pay child support
1 Jul. 2022, 18:00
The US Supreme Court ruled that the fathers of children received the right to be exempted from paying child support to the mothers of their children. The document says that the decision came after individual states left women the right to terminate a pregnancy.
“The Supreme Court has returned the states to decide on the implementation of the right to abortion. However, this does not fully protect the rights of fathers. Women may choose not to terminate a pregnancy against the will of a father who did not plan to have children. Therefore, in order to respect the constitutional rights of citizens, the Supreme Court came to a democratic decision to release the father from paying alimony to the unwanted child, ”the message says on the court’s website.
This Supreme Court ruling applies throughout the United States, as well as diplomatic missions and military bases outside the United States.
The US Democratic Party intends to convene a public hearing in Congress and condemn the decision of the judges.
Jul 1 2022, 18:00
If only grandfathers could!
1 Jul. 2022 6:03 pm
Yes, but only if they are ethnic and sexual minorities
Jul 1 2022, 18:04
This is a real country! A country that cares about its citizens. How many decades do you think Rashka needs for this?
1 Jul. 2022, 18:05
In Russia, the vast majority of fathers do not pay anyway
Jul 1 2022, 6:07 pm
Not caught is not a thief 😂👍🇵🇾 Russian tradition
1 Jul. 2022 6:09 pm
Comment has been deleted
Jul 1 2022 6:38 pm
What are you talking about? Ukrosrach invented Lennon
Jul 6 2022, 15:24
And RF and the USA live in a matriarchy.
Article 19.3 of the Constitution of the Russian Federation guarantees equal rights for men and women. But
The slave army, the death penalty - only for men. The men retire later. In a divorce, a woman in 95+% of cases receives an apartment for her husband, child. And the husband is put on alimony.
The only way to save a family (now 90% of divorces) is not to give the wife an apartment during a divorce, but to raise the child in turn (two weeks with the father, two with the mother) and without alimony.
And why, a man can only marry a billionaire (he will cut down her property during a divorce), but in no case on a hunger striker.
Marriage is not about love, but about money. You can make friends, love, make and educate children without a bruise in your passport.
Even if a woman loved you, she will stop loving you in marriage: it's hard to love a spineless schmuck whom she forced into an unfavorable act (marriage).
1 Jul. 2022 6:04 pm
An excellent continuation of the abortion ban.
Jul 2 2022, 15:20
This is just a logical continuation of the resolution.
Whoever makes the decision is responsible.
Jul 6 2022 3:41 pm
Yes. A woman can steal a condom, have artificial insemination and refuse an abortion (if she wants a child). Then put on alimony at least a sperm donor (there was a clause about the refusal of a woman from alimping), even a rich athlete (hello Peter Sampres). And if she doesn’t want a child, she will take Plan B or have an abortion.
Since only a woman decides whether or not to have a child, it means that she is financially responsible.
You can only be responsible for what you own (i.e. you have the legal right to profit from, rent, sell, destroy). To be responsible for what you do not own is the lot of a slave (and a modern "real serf").
1 Jul. 2022, 18:32
The Supreme Court of the Russian Federation allowed castration for non-payment of alimony.
Jul 6 2022, 15:44
Russian men are deprived of their rights. Transfer to the slave army is an example of this. Real serfs endure. These can be casted, they won't say a word.
1 Jul. 2022, 20:11
So not everything in these Americas of yours is rotten yet, there is still common sense
2 Jul. 2022, 00:17
They only forgot to mention that child support may not be paid for children born in gay marriages.
2 Jul. 2022, 09:13
There will be legal abortion, state matriarchy will be destroyed👍