There are different situations in life. And sometimes child support pledged in court is consumed very quickly. They are simply not enough. In this case, it is advisable to file for an increase in child support. In Russia, such an operation is allowed. Nevertheless, not everyone knows how to implement their plan. Therefore, below we will try to consider all the features of adjusting child support payments in a big way.
Ways to solve the problem
It is important to understand that alimony is assigned differently in Russia. And so the ways to adjust them will also be different.
Payments can be regulated:
- orally;
- By the tribunal's decision;
- by notarial agreement.
In the first case, an increase in the amount of alimony is not formalized in any way. All that is needed is simply to ask the payer to allocate a larger amount for the maintenance of a needy family member. It is advisable to document all this.
But in other cases, you have to act differently. It is on them that we will stop.
Grounds
Just because no one will adjust the assigned alimony payments. This is quite normal, because money is withdrawn from one person and given to another. Everywhere should be a measure.
An increase in child support may occur for the following reasons:
- decrease in income level (significant) of the recipient;
- the growth of expenses necessary for life;
- job loss by the recipient of funds;
- a significant increase in prices of essential goods;
- deterioration in health;
- the appearance of the next dependents of the recipient;
- death of citizens providing significant material support;
- termination of the alimony obligations of the payer in relation to some people;
- the occurrence of additional income from the one who transfers the money.
It is worth paying attention to the fact that child support is usually indexed. That is, they can vary depending on the established prices and cost of living.
Where to go?
Where to apply for an increase in child support? It all depends on how the appropriate payments were assigned to the citizen.
If a person has concluded an agreement with a notary, you will have to negotiate with the payer verbally, and then sign a new agreement. Otherwise, the citizen must go to court.
Which one specifically? Matters related to the increase in the amount of alimony, their reduction, cancellation and appointment, are considered by world courts. It is better to contact the organization at the place of registration of the defendant.
Briefly about the procedure
Now we will consider in more detail the algorithm of actions preceding the increase in the size of alimony. What should a citizen do to bring his ideas to life?
Briefly, this process can be described as follows:
- Collect the documents necessary for the claim / statement of the established form.
- Write a lawsuit about increasing child support.
- Pay the operation fee.
- Submit prepared documents for consideration by the court.
- Get a court order and writ of execution.
In fact, everything is much simpler than it seems. And even a poorly versed in paperwork citizen will be able to bring the idea to life.
About Documents
What documents will be required to file a claim for an increase in child support? Their list can not be called unambiguous. Much depends on the specific situation.
Present the necessary papers as follows:
- passport;
- income documents;
- lawsuit;
- certificates of marriage, divorce, child birth;
- confirmation of expenses;
- judicial opinion on the appointment of alimony;
- certificates of family composition.
Problems may arise when collecting evidence of expenses. As we have said, the need to increase child support will have to be documented. And this is quite normal. Without the relevant information, the plaintiff will not achieve the satisfaction of the request.
In addition, when filing a claim for an increase in child support, a fee must be paid. Its size depends on the price of the claim, it can be clarified in a judicial authority. A receipt with a check must be attached to the request of the established sample.
The form
After preparing all the listed papers, the citizen must draw up a lawsuit. This is a fairly simple task that everyone can handle.
The claim form is written. If desired, the document can be printed on a printer. Modern plaintiffs can file a request in court electronically, but this technique is not in special demand.
About structure
What does a sample application for an increase in child support look like? An example of this paper will be presented to our attention later. First you have to figure out how to file a lawsuit.
It is important to keep a clear paper structure. Namely:
- The hat. This is a block of text located in the upper right corner of the sheet. Here they write information about the court, the plaintiff and the applicant.
- Name.
- The main part. It is necessary to write here why a citizen is suing.
- The list of attached documents.
- List of witnesses (if any).
- Conclusion This part of the claim is the date of filing the appeal and the signature of the applicant.
As a rule, compliance with such a structure does not cause any difficulties. In addition, the plaintiff must compose the text without errors and typos. The information in the request is detailed, but at the same time briefly on the case. No unnecessary and third-party facts. Only information that may affect the court decision.
Peaceful agreement
But an increase in child support may occur differently. As we have said, a peace agreement comes to the rescue. It is drawn up by a notary public.
As a rule, in this situation you will need:
- Collect the documents listed above.
- Write a new alimony agreement.
- Pay for notary services.
- Sign the agreement in the presence of an authorized person.
Under such circumstances, sometimes it is even possible not to approach the preparation of documents extremely responsibly. A minimum is enough - the passports of the parties, certificates of kinship and a previously concluded agreement.
Nevertheless, for 100% guarantee of alimony payments, citizens should apply to the court. The only way to force the payer to fulfill their obligations.
After decision
What to do after a citizen has been given a decision to increase child support? The writ of enforcement must be addressed to the bailiffs. It is advisable to include a copy of the decision to the employer of the alimony payer.
If citizens decided to conclude a peace agreement, then after signing it, you can simply wait for the fulfillment of obligations. There is nothing difficult or incomprehensible in this.
Sample
Now, we think, it is clear how an increase in the size of alimony occurs. A sample of such a lawsuit is presented to your attention in the photo below. This is just a small template to help you understand the general principles of writing paper.
Each request to increase or decrease child support is individual. Therefore, you cannot find a ready-made form and use it. But the approximate text of the request will be able to see.
findings
We figured out how to file for an increase in child support. This is a fairly simple operation that requires some preparation. Without it, the realization of ideas in life is impossible.
Do not be afraid to cancel child support because of a lawsuit to increase payments. The state painstakingly protects needy citizens. And so they can count not only on the indexation of maintenance payments, but also on their usual increase.
Practice shows that increasing such funds is easier than decreasing.The procedure for reducing child support takes place in a similar way.