Application for reduction of alimony: grounds for filing a lawsuit, legal advice on drafting

Each indifferent parent wishes his child well-being and happiness. But in life there are various changes in which parents get divorced, and one of them is paid alimony.

If the payer does not have the opportunity to provide the full amount, then he has the right to file an application to reduce child support. Any parent can file a lawsuit. The law does not regulate a specific list, but some reasons for reducing child support are recognized. Namely:

1. Birth of children in the family of the plaintiff.
2. A strong decrease in payer income due to a reduction or decrease in salary.
3. Living with the alimony is his family, for example, an elderly sick mother or father.
4. The child is fully or partially supported by the state, for example, raising in a shelter or living in a boarding school. In this case, child support is reduced for all months, except for those for the holidays.
5. The appearance of another child, who also has to pay child support.
6. Execution of a child 16 years old and his employment.
7. A serious payer injury or a chronic illness that has had serious consequences on his health and has affected his ability to work. Assignment of disability of 1 or 2 groups. These data imply that it will take a lot of expenses to be treated.
8. There are situations when the mother with whom the child remains marries again. The second husband becomes the breadwinner for the family and supports the child. In litigation, this circumstance may be taken into account.

The application to the court to reduce the amount of alimony is mainly submitted by those who must pay it. At the birth of children in a newly created family, the new spouse of the payer may also apply to the court.

Application and related documents

The first step is to prepare a statement - a lawsuit. When drawing up an appeal to the court, you can contact a lawyer. Evidence that the defendant needs to reduce the amount of payments must be correctly executed and supplemented with appropriate documentation. It is not necessary to go to the court that made the decision to grant child support. The defendant may file a lawsuit with justices of the peace on his own site. A sample application for reduced child support can be seen in this article.

To file a claim, the application must be accompanied by such documents as:

• Certificate of marriage and its dissolution.
• Birth certificate of children.
• Certificate of recognition of paternity (if there was no registration in the registry office).
• Documents that indicate the reasons for reducing payments (for example: a statement of the material situation of the child support payer, a tax return, a statement of family composition, a writ of alimony for the benefit of another child, a medical examination report on the award of disability, and others).
• Receipt of payment of state duty.

The amount to pay the state fee is equal to the amount by which the payment for children is reduced.

The Family Code of the Russian Federation does not make it possible to independently reduce child support at the behest of the payer. If the claim is drawn up incorrectly, the court will not accept it and it will be considered invalid.

What is included in the statement of claim

When filing a court case, it is considered mandatory to fill out an application for reducing child support in the established form. It must specify:

• The plot number.
• Name of the parent who pays child support, as well as the parent who receives them for the child.
• Alimony Decision Number.
• Amount of alimony (percentage of salary or fixed payment).
• Circumstances requiring a reduction in child support.
• List of attached documents.

Refusal to reduce child support payments

There are situations in which the amount of alimony cannot be reduced. When a lawsuit is filed when the following circumstances are present, a refusal will be received:

• The child receives a state pension.
• Increase in income of the one with whom the child is.
• Owning a child property that is not profitable.
• Assigning social benefits to a minor or living with him (various subsidies).

The advent of a second child

If another baby is born, then the first may be reduced child support. How many percent of the salary the defendant will pay depends on whether the new spouse submits an application to reduce the payment for the daughter or son from the first marriage.

The deduction of payments for an older child is 25% of the salary, when a half-sister or brother appears, this calculation is 33% of the defendant's income for two, that is, one sixth of the salary for each child. The court takes into account the financial situation of both father and mother in order to make a fair decision.

Is it possible to reduce the payment of alimony with high income?

Even receiving a large salary, it is possible to write a statement to reduce child support to the level of required material resources only for the needs of the child. The specific amount of such payments is not fixed in the law, therefore, the decision in determining the size of payments is made by the court. The Family Code of the Russian Federation says that parents should equally provide care for a child. The court, relying on this law, assigns 25% of the mother’s salary and calculates the same child support payments.

Reduced child support in the presence of disabled parents

The Constitution of the Russian Federation stipulates that employed children must help disabled parents, both physically and financially.

If you want to pay money for both the child and the elderly parents, then the court may reduce child support. How much percent of the salary is determined by law, usually 25% of the plaintiff’s income is divided equally between the claiming parties. With a small amount of payments, the court has the right to refuse to reduce it.

Objection from payee

An application for reduction of alimony can be appealed when writing a claim-objection by the parent with whom the child lives, if he cannot allow the reduction of alimony.

His disagreement with the change in the amount of alimony can be expressed in accordance with Article 129 of the Code of Civil Procedure of the Russian Federation in relation to a court order.

In judicial practice, the rights of mother and child are recognized. Although the court should take a party that has more specific evidence. If all the documents are collected to reduce child support and a refusal is received, the defendant may appeal.

Alimony Debt

With a large debt for alimony, the judge can fully or partially release the payer, but only with proof that there are good reasons why the alimony could not pay. This can be a deterioration in financial standing, as well as serious diseases that do not allow you to pay the assigned amount.

Litigation Procedure

A meeting may be scheduled no earlier than 30 days later. If the parties do not appear in court, the consideration will be carried out if sufficient documents are available. The trial to reduce child support in court takes place in several stages:

• Consideration of the application at the place of residence of the party receiving alimony.
• The justice of the peace takes the filed suit to work and sets the day of the hearing in court.
• Arrival of the plaintiff and defendant.
• The recipient and payer truthfully answer questions posed by the judge.
• The most important step is to provide evidence that with a reduction in child support, the child will not be infringed on anything, so you should hire a professional lawyer.
• The judge takes into account all the above circumstances, compares what percentage of the salary goes for the needs of children receiving alimony and children who are with the payer. The court then decides whether child support will be reduced.

Conclusion

Thus, in this article, the topic of reducing the amount of alimony was fully considered. Here were the main regulatory acts that reveal this problem.