The jurisdiction of the claim to reduce the amount of alimony cannot be attributed to purely formal aspects that are not significant. The rules on choosing a court directly affect the quality of the conditions for citizens to exercise their rights and freedoms, especially in vital matters.
Jurisdiction Rules
According to international documents and the Constitution of the Russian Federation, a person has the right to count on the consideration of his case by a competent court in accordance with the law.
The first method of distribution is jurisdiction: disputes are examined by civil, arbitration and administrative courts.
Jurisdiction is the second of the tools for the distribution of cases in the judicial system as part of, for example, civil proceedings.
The law singles out cases under the jurisdiction of district, world courts, courts of subjects (regional, regional and republican levels). During the changes in 2014, changes were made to the laws on the judiciary. Although it refers to the consideration of civil cases of the Armed Forces of the Russian Federation as a first instance, no specific disputes are indicated.
The order of assignment of alimony
If the parties wish to resolve the issue of paying alimony on their own, they have the right to conclude an agreement certified by a notary. It is not forbidden to make changes by mutual desire. The amount of alimony determined by the contract cannot be less than the amount established by law.
The lack of mutual agreement on the issue of the amount of payments for the maintenance of children leaves the only way out - appeal to the court. The jurisdiction of the claim to reduce the amount of alimony, as well as their purpose, is closely related to the competencies of the judiciary. No other authority has the appropriate authority.
Normative regulation
The jurisdiction of the claim to reduce the amount of alimony is regulated in accordance with the provisions of the Civil Procedure Code, they are set out in Art. 23, 24 of the code.
Clarifications on the application of the legislation are given in a special Resolution of the Plenum of the RF Armed Forces. At the moment, the document adopted in 2017 is valid. It contains clarifications of understanding of the legislation and resolves some issues.
Which court to apply to
It is not easy for citizens who do not have constant contact with jurisprudence to understand exactly where to apply: to a district or world court. In addition, at whose place of residence should I contact: the plaintiff or defendant?
Wrong choice of court will lead to the return of documents if they were sent by mail, or to denial of admission to the office with a personal appeal. So the topic of jurisdiction of the claim to reduce the amount of alimony is very important.
World judge
Why turn to him? According to Art. 23 of the Civil Procedure Code, all family disputes are resolved by a justice of the peace, with the exception of cases relating to motherhood, fatherhood, restriction and deprivation of parents' rights to a child, adoption, adoption, recognition of marriage as unlawful.
When filing a claim, requirements are sometimes mixed. Consider a sample lawsuit to reduce child support. The jurisdiction of the application, in which, inter alia, the requirements for the establishment of paternity, motherhood, the child’s place of residence, is determined as follows. All applications with mixed claims are filed with the district court.
The justice of the peace will immediately refuse to accept the application, send it to the appropriate court or issue the documents in the hands of the applicant, if the secretary nevertheless accepts them first.
Change and supplement requirements
Procedural law allows you to change, supplement and clarify the requirements of the application.In a sample claim, allegations of a reduction in child support, jurisdiction can be determined correctly. However, at the preliminary review stage, there will be a need to adjust the requirements. If at least one of the new requirements is to be considered in a district court, then the justice of the peace ceases production and sends materials on jurisdiction.
Coherence of court decisions
Some lawyers are of the opinion that the case should be tried by a court that previously ruled to recover child custody. How in this situation is the jurisdiction of the claim for reducing the amount of alimony regulated? The statement of claim is sent according to the above rules.
Submission of documents to the court does not mean the resumption of the old case. The process is considered as a separate dispute.
Challenging an Alimony Agreement
In accordance with the law and the explanations, the party to the agreement has the right to apply for its amendment, invalidation in part or in full or termination. Such materials are considered exclusively by district courts. The plaintiff is given the right to choose a court at the place of residence of the defendant or the execution of the agreement (in this case, the settlement indicated at the time of signing).
Right to choose
What is the alternative jurisdiction of a claim to reduce child support? The statement of claim is allowed to be filed with the court at the place of residence of the plaintiff, subject to the simultaneous application of a claim giving the right to choose the place of consideration.
For example, a lawsuit has been filed for divorce and reduction of alimony, and the plaintiff, due to the state of his health or the health of the child living with him, is not able to come to court at the place of residence of the defendant. Recall that a claim for the payment of alimony is allowed to be filed before the marriage is terminated.
Writing a lawsuit
The document must indicate:
- name of the court where the materials are sent;
- information about the plaintiff (F. I.O., place of residence);
- information about the defendant (F. I.O., place of residence);
- circumstances of the case (the appearance of children, the occurrence of diseases, other factors affecting the financial situation of the plaintiff);
- claim claim - a reduction in the share of payment of income or the establishment of a different monthly amount;
- an inventory of the documents attached to the claim;
- filing date and signature of the applicant.
Copies of documents are submitted in two sets (one for the court, the second for the defendant).
In the lawsuit, the applicant is entitled to invoke a change in the income of the defendant. In both cases, the change in income is proved by papers confirming, for example, the appearance of another child, the introduction of a new marriage, in which the wife does not work.
Diseases matter if they lead to disability, i.e. disability. Given the difficulty of acquiring disability status, health problems are hardly accepted as an argument by the courts.
Duty payment
What is the second question after the jurisdiction of the claim to reduce child support? In a sample statement of claim, the author may request a reduction in the amount of the fee.
Claims for reduced payments are classified as property claims. The duty is paid based on the amount by which payments are reduced. The calculation is made for a one-year period.
The plaintiff has the right to ask the court to install the payment of a fee or release from this duty.
It makes sense to refer to difficulties with money (lack of a permanent job, other circumstances, provided that the applicant makes efforts to eliminate his difficulties, in particular, tries to find a job through the exchange).
Finally
Lawyers note that the topic of jurisdiction is associated with numerous nuances. For example, when a case is heard in a magistrate’s court, and when in a district court? In what situation does the justice of the peace transfer the case to the district court after the opening of the proceedings?
Disputes about the consequences of violation of the rules on jurisdiction do not cease.Today, the courts do not perceive this violation as the basis for the annulment of the decision. The opinion of the ECHR is interesting, considering it a significant reason for reviewing the case.