What documents are needed to reduce the amount of alimony?

Grounds for reducing alimony. How and where to apply for a reduction in payment amounts. List of materials attached to the claim.

How to legally reduce the amount of alimony

• Child support is one of the responsibilities of parents in the Russian Federation.
• If the spouse is divorced, then the one who does not live with the child is obliged to pay alimony.
• The amount of payments is either established through an agreement between the parents or in court.
• At the legislative level, it is permissible to reduce the size of transfers if there are compelling reasons.

Who has the right to reduce child support?

The parent who has one of the recognized grounds for this has the right to reduce the amount of child support payments.

However, there are cases where the initially agreed amount or share represents a larger amount than the payer can provide.

Reasons for downsizing

There is an approved list of grounds for which a reduction in the amount of alimony payments is permissible. In some cases, the parties themselves reach an agreement regarding the adjustment of transfers, but this is only possible if the obligation was not initially imposed by court, and also with the consent of the recipient.

In what cases can you reduce the size?

Reducing sizes is permissible in the following cases:

1. Decreased health of the payer - in particular, receipt of disability of 1 or 2 groups, which requires additional expenses and also reduces the citizen’s income.
2. A child over sixteen years of age has a personal source of income through employment or business activities that covers basic expenses.
3. The existence of other dependents, including minor children, who receive less funds in connection with the payment to the first child.
4. There is no need to provide for the child when he is in state custody.
5. A decrease in the level of income, if it was a fixed amount, and not a share of wages.
6. Extremely high income of a citizen, some of which is too much to provide for the basic needs of a child.

Most cases are subjective, but some of them are regulated on the basis of alimony arithmetic. For example, one child is entitled to a share equal to a quarter of the payer’s income. When a second child appears from another woman, he also acquires the right to money in an equal amount with the first. But this will already violate the rights of the father himself.

What documents are needed to file a claim in connection with the birth of a second child?

To file a claim aimed at reducing the amount of payments for 1 child due to the birth of a second child, you need to collect the following package of documents:

• information about registration and dissolution of the union with the mother of the first-born;
• materials with the date of birth of both children;
• statement of the citizen's income;
• writ of execution on the need to support the second or subsequent children.

Where to apply for a reduction in the amount if a second child was born in another family

The situation of reducing the amount of alimony can be resolved either with a notary or in court. The first case is acceptable under two conditions:

• Initially, the decision regarding the size was made on the basis of an agreement;
• the recipient does not object and agrees to reduce the amount.

This happens extremely rarely, since a single parent rarely agrees to reduce remittances, as he considers this an infringement of his rights.

Claim for reduction of alimony: examples and rules for drawing up to reduce the amount through the court

The statement of claim is drawn up strictly in accordance with the established procedure. It is recommended to hire a competent lawyer to help with the registration. The document must contain the following:

• the name and address of the court in which the claim is filed;
• facts of violation of the payer’s rights, with references to regulations;
• specific requirements and recalculation of payments;
• a list of attached materials reflecting the information contained in the application.

The very fact of having a second child is not evidence of the need to reduce child support. The mother of the second child, even if she lives together with the father, must apply to the court with a request for a writ of execution. The documentation reflects her demand for alimony.

Application for 2 children from different marriages

In an application for two children from different marriages, it is necessary to indicate the presence of both minor children and the transferred amount. If we are talking about shared parts, then the material indicates a request to reduce the transferred amount from a quarter to one sixth.

In cases where we are talking about a fixed amount, it is necessary to attach information about the income of the alimony provider. According to the law, the plaintiff has the right to expect that if he has two children, then alimony for them does not exceed a third of the income, which is divided proportionally among the dependents.

Application for 4 children from different marriages

In order to clarify how to correctly formulate demands for a reduction in child support, it is worth indicating how much money parents who do not live with their children are required to pay by law. In a shared distribution it looks like this:

• for one - a quarter of the income;
• for two - a third;
• for four or more - half.

The allocated money is distributed in equal parts among minors, regardless of their age and health status. The presence of a child’s disability is not a reason to infringe on the rights of others, but may oblige the parent to make payments until the age of twenty-three.

Documents attached to the claim

Documentation attached to the application includes:

1. Receipt for transfer of state duty.
2. Photocopies of the application for the defendant, as well as other interested parties.
3. Documentary information about the birth of all children.
4. Information about marriage and divorce.
5. Enforcement proceedings for the collection of alimony by all mothers.
6. Materials reflecting information about the plaintiff’s income.

For a positive answer to the court, it is necessary to provide maximum materials showing that the alimony provider needs money to support children from different marriages. The key point is the fact that the financial rights of some children are infringed upon by others.

When it is not possible to legally reduce the amount of alimony

Reducing the amount of alimony is permissible only on the grounds indicated earlier. As for increasing the income of a parent raising a child or remarriing, such aspects do not apply.

In all cases, both parents have an obligation to their minor child in the form of maintenance.

Reduction of alimony by agreement

Reducing payments under the agreement is a rare practice, but exists in Russia. The advantage of this method is that you apply directly to a notary, bypassing the court. But only on the condition that the initial payments were not infected by a government agency.

The second parent rarely agrees to reduce transfers, but if there are good relations and objective grounds for a reduction, which in court will lead to a reduction in amounts, they may agree to this.

According to statistics, nine out of ten judges decide to support the payer, and the remaining ten percent of cases are based on an incorrect interpretation of the law regarding the criteria.

Controversial issues

There is a list of controversial issues on the basis of which the court has the right to make a decision in both directions. These include:

1. The need to support elderly parents. On the one hand, this is a constitutional obligation, on the other hand, if the monetary allowance is not significant (half of a quarter of income), then the court can refuse the older generation in favor of the children.
2. High level of father's income. Since the law does not stipulate the maximum possible amount of alimony, the claim is considered individually. In some cases, a decision is made on a fixed payment amounting to a quarter of the mother's income. The principle is equal provision for the child by both parties.
3. Improving the financial situation of mother and child. It all depends on what caused the increase in income; if we are talking about a successful second marriage or career growth, then there is no reason to reduce alimony. In cases where the child himself has acquired a permanent income, the father has the right to count on a reduction in payments.

All controversial issues are considered in court proceedings. Often the court does not take the side of a particular person and considers the case from the perspective of the interests of everyone.

All alimony payers legally have the right to reduce the amount of transferred funds, subject to the presence of objective circumstances. The most common practice is the appearance of a second or subsequent children from another woman. In fact, the rules of law are aimed at protecting the interests of not only the ex-wife and first-born child, but also the man himself and his new family.

What documents are needed to reduce alimony?

The payment of child support is provided for by family law so that after the parents’ divorce, children do not feel disadvantaged, so that their material security does not deteriorate. The law determines the portion of income that is withheld as child support for one, two or more children. Payment of alimony can also be made in a fixed amount. The main thing is that it should not be less than the minimum budget for meeting needs.

The law also provides for the possibility of reducing alimony if certain circumstances arise, both in the life of the child and in the life of the parents, one of whom pays alimony.

It is extremely difficult to convince the court that the amount of alimony can be reduced. The judge, as a representative of the state, must guard the interests of the child. He cannot go against the requirements of the law and, by his decision, worsen the financial situation of an incapacitated minor citizen.

However, family law names a number of reasons that make it possible to reduce payments under a writ of execution, and also determines what documents are needed to reduce alimony.

1. Deterioration of the payer's health, loss of ability to work. In case of permanent loss of ability to work and registration of the first or second disability groups, his income is reduced. In addition, he himself needs care and treatment.
2. When a child reaches the age of sixteen, after which he begins to work independently or becomes an individual entrepreneur. In this case, he provides himself financially, perhaps not fully. So the amount of alimony can be reduced, but not canceled altogether.
3. If the payer has other dependent family members - elderly parents, a disabled spouse, young children from another marriage. In this case, it is possible that another woman will demand to pay alimony for the children she shares with the defendant.
4. The loss of a job by the payer due to the layoff or closure of an enterprise, and his official receipt of unemployed status makes it impossible to make payments for children in the same amount.
5. Transfer of children to full state support. Then they will have to be maintained only during the holidays, which significantly reduces the costs of parents.

The adoption of a child by another person does not apply to the conditions under which the amount of payments can be reduced. This circumstance leads to the fact that the payer stops paying alimony and is deprived of parental rights in relation to the adopted child.

What documents are needed to reduce the amount of alimony?

Based on the reasons that allow you to submit an application to the court to reduce the amount to be paid under the writ of execution, a list of documents is compiled to reduce alimony. The following are attached to the application:

• copies of documents proving the identity of the payer and recipient;
• birth certificates of children from all marriages;
• certificate of health or disability;
• a certificate stating that the child was employed or allowed to engage in entrepreneurial activity;
• certificate of parents' income.

The reduced amount is paid until the children reach the age of majority.

How to reduce the amount of alimony - grounds and necessary documents

The responsibility of fathers and mothers to feed and educate their offspring is enshrined in law.

The parent who evaded the process is obliged to provide the child with maintenance, the amount of which is determined by an oral agreement, a child support agreement or a court decision.

But the established amount of child benefit is not a frozen dogma. The Family Code notes that it is possible to both reduce the amount of alimony (or even be completely freed from alimony obligations) and increase its amount (Article 81, paragraph 2, 119).

It is extremely unlikely that the parties will come to a decision to reduce alimony payments amicably, having reached a consensus through peaceful negotiations. Much more often, such an issue is resolved in court.

Grounds for reducing alimony

Is it possible to reduce the amount of alimony and how to do it?

It should be immediately noted that changing the established amount of child benefit in any direction is not so simple, since it will require the cancellation of an already existing agreement or court order.

In the first case, it will be necessary to draw up and execute a new consent document on alimony.

In the second case, there is no way to do without another appeal to the court with a request to review alimony payments, which is due to changed circumstances.

When applying for a reduction in the alimony limit, you need to remember that only the state of affairs that concerns the alimony payer himself can be taken into account, but has nothing to do with the personal well-being of the second parent raising the child.

Also, the court will not consider the following reasons to be serious reasons for requesting a reduction in alimony:

• assigning a social pension to the child;
• passive property recorded in the child’s name (movable and immovable);
• health problems of the alimony worker that did not result in loss of ability to work;
• unpaid loans;
• refusal of the parent who has custody of the child to provide the other parent with a report on monthly expenses.

Child support may be revised downwards if:

• the payer received disability due to a non-working group, and therefore is now in dire need of care;
• the payer has a family, or parents in need of help, or other dependents who are severely disadvantaged due to the payment of alimony (for example, the child receives more than them);
• the payer has suffered seriously in terms of health and, although he has not lost his ability to work, is not able to work at full capacity as before;
• The alimony pays alimony to other children, which ultimately leads to incorrect calculation of the alimony deduction (for example, 33.3% for one mother and 25% for another mother, which ultimately gives 58.3% instead of 50% for three SK Art. 81, but does not contradict Art. 99 of the IIP Law);
• the child for whom alimony is paid earns money himself and can easily support himself;
• the property registered to the child is active;
• the total income of the child support provider is quite large, so the share calculated by the court for the child more than covers not only the child’s expenses, but also other expenses;
• the child is on state support (for example, college, year-round boarding house, etc.), and comes home only for the holidays;
• the total income of the alimony holder has undergone serious changes, and therefore alimony in the same amount puts him on the brink.

The list of reasons that can be taken into account by the court and lead to a reduction in alimony payments cannot be considered complete, since every proceeding on the alimony issue has its own specifics, and therefore is considered by judges on a private basis.

1. If the parents have agreed orally on the benefit, then the change in the amount is established on a trust-contractual basis.
2. If the payments were fixed by agreement, then after discussing the issue, the parents enter into a new agreement with the involvement of a notary (SK Art. 101). If it is not possible to reach an agreement on the text of the new agreement, then the issue of amending and terminating it is resolved in the courtroom.
3. If the alimony case was considered in court, then the defendant has 30 days to appeal (Civil Procedure Code Art. 320-322).
4. If a operative decision was announced in court (Civil Procedure Code Art. 199), then the defendant has the right to request a reasoned court decision within 3 days (the issuance period is limited to 5 days). Upon receipt and examination of the document, the defendant has the right to file an appeal against a reasoned decision no later than one month.
5. If the need for a petition to reduce the alimony barrier arose after some time, then a new application (claim) is submitted to the magistrate’s court (Civil Procedure Code Art. 23) for recalculation of alimony (Civil Procedure Code Art. 131-132) at the request of the alimony payer. Reducing alimony at the request of the alimony recipient practically does not occur in real life.

Alimony calculated in shares can be changed in the same share calculation. Alimony in a fixed amount can be reduced, again in a fixed amount. Changing the method of calculating alimony is a separate claim, the trial of which lasts for a month (Civil Procedure Code Art. 154).

The court, having examined the materials, may generally remove the alimony obligation from the payer (IC Art. 119, paragraph 1), if his life situation has changed so much that it no longer fits within the framework of normal living. The issue of paying alimony is completely removed from the agenda if paternity is not confirmed.

Cancellation of alimony is also required if the child has changed his place of residence and is now permanently under the care of the payer.

Also, a decision on exemption from alimony can be made by the court on the basis of other changes in life (IC Article 120) and the well-being of both parties.

Required documents

To change the amount of alimony allowance, you will need to submit the same documents as for assigning alimony:

• statement;
• plaintiff's passport;
• birth certificate;
• certificate of marital status of parents (marriage or divorce);
• certificate of paternity if the child was born in an unregistered marriage.

All documents will require the submission of an original and a certified copy.

In addition to the main documents, you need to provide strong evidence (original + certified copy) of the deterioration of the financial situation of the alimony provider, for example:

• writs of execution (court orders) for other children;
• child support agreements for other children;
• 2NDFL;
• confirmation of marriage and birth of children;
• a certificate from the housing department about the composition of the payer’s family;
• certificate of disability;
• conclusion of a medical commission on health status and related employment prospects;
• extract from the house register, etc.

The application is submitted to the magistrate's court. Copies of all named documents, as well as confirmation of payment of the fee (NC Art. 333.19, paragraph 1-1), are attached to the claim.

Reducing the amount of alimony - judicial practice

1. Resolution of the Plenum of the Supreme Council No. 9 1998/25/10 edition 2007/06/02
2. It should be noted that the court always protects the interests of the weaker and disadvantaged party, and therefore, when making a decision, it often takes the child’s side.
3. However, trying to objectively maintain a balance of interests of the parties, the court may satisfy the claim to reduce alimony.
4. The most common situation is several writs of execution. The citizen left one child each in the care of three different women. Step by step, he was sentenced three times to pay 25% of alimony (SK Art. 81). The amount of shared alimony for 3 children should be 50% (Article 81). The amount of alimony deductions from the salary of a minor cannot exceed 70% (Federal Law No. 229 OIP 2007/02/10 edition 2016/28/12 art. 99). The claim was satisfied: the amount of alimony for each child was reduced to 17%.
5. Any claim of deterioration of health without providing evidence will result in the claim being rejected.
6. The petition to reduce alimony amounts due to the alimony provider having an unpaid loan is not granted (Appeal ruling of the Kirov District Court of Yekaterinburg No. 11/156/25(12)). Any loan (as well as housing expenses) is a voluntary expansion of financial obligations, and not a deterioration of one’s financial situation.
7. Having two dependent children and an old mother. The claim will be denied if the dependent children are students of higher educational institutions, and the old mother receives a pension that exceeds the subsistence level in the region.
8. An objective decrease in income, confirmed by the 2nd personal income tax, is not a basis for cutting alimony if the alimony payer is healthy and does not have any restrictions on the fact of ability to work. In other words, the court found no obstacles to additional employment for the plaintiff and no grounds for reducing alimony for his ex-wife, who is raising a common 2-year-old baby (Appeal ruling of the Pristensky District Court of the Kursk Region No. 11-5/2012).

The issue of reducing alimony payments can be resolved in favor of the payer if the circumstances are really not in his favor, if he really finds himself in a very difficult situation.

A well-drafted claim and documents attached to the application confirming the unpleasant situation can be of great help. However, we should not forget that the court in most cases makes a decision based on the interests of the child.

Secrets of reducing alimony in 2023

Good afternoon, friends. Here is Evgeniy Volkov, your family law lawyer. Today I will tell you about reducing the amount of alimony. I am sure that reducing the amount of alimony is important for many citizens.

At the same time, alimony payers have a desire to reduce alimony for the maintenance of the first children.

By the way, before I forget, I recommend subscribing to my community to stay informed about important changes and updates on this topic.

So, a reduction in alimony. Is it possible? How to reduce alimony legally? In what cases is the amount of alimony reduced? What is the procedure for reducing alimony?

How to reduce child support at the birth of a second child? How to reduce the percentage of alimony?

• You will find answers to these and other questions about reducing alimony in this article of mine.
• I can proudly say that my article on reducing alimony, the only one in RuNet, will give you food for thought, and, most importantly, it will make you understand how to actually reduce the amount of alimony.
• Moreover, for many of you, my dear readers, this article will be a solution to the pressing problem of reducing the amount of alimony paid.
• I warn you right away that my article about reducing the amount of alimony collected turned out to be very long, but you also ended up with a professional in reducing alimony and are eager for details, right?
• If you need amateurish half-page advice, as is now often found on many supposedly “legal” sites, then this article is not for you.

So, this is the information that is ready to seep into your brain like a warm, nourishing stream.

Not weak to begin with, right?

Introduction

1. I am constantly working to improve my article on reducing child support and showing my readers that reducing child support is possible if you have a professional working for you.
2. Attention: my article on reducing the amount of alimony is updated on a monthly basis, which will allow you to always be aware of events occurring in such a topic as reducing the amount of alimony.
3. I ALWAYS take into account the latest trends and realities of judicial practice to reduce the amount of alimony in the context of ALL regions of Russia (except for Chechnya and the Jewish Autonomous Region).

Reducing alimony - in what cases is the amount of payments revised?

Legislation assigns parents the responsibility to support and raise their children. A parent who does not care for the child or does not provide him with financial resources must pay child support.

The amount of alimony payments is determined by an agreement concluded between the father and mother or by a court order. Today we will talk about opportunities and ways to reduce child support payments.

Reducing child support is legal, but this can only be done after the cancellation of the current court order or agreement concluded between the parents and certified by a notary.

In the first case, to reduce the amount, you need to apply to the court with a request to revise the current terms of payments due to changed circumstances.

In the second case, a new voluntary agreement must be drawn up, signed and certified.

When wanting to reduce the amount of alimony payments, it is necessary to take into account that the court and other authorities can only take into account the affairs of the alimony payer himself. The living conditions and level of income of the second parent, with whom the child remains, are in no way relevant to the case. When contacting the judicial authorities, you need to know that the following reasons are not sufficient to reduce the collected payments:

• health problems of the payer that did not lead to loss of ability to work;
• assigning a social pension to the child;
• unpaid loans of the payer;
• the appearance of passive movable and immovable property in the child;
• refusal of the parent with whom the child remains to provide the child support payer with a report on monthly expenses.

All these reasons are not significant enough to revise the payment terms. If you go to court and justify your inability to pay funds in the current amount by one of the factors described, the court decision will not be made in your favor.

Only the following circumstances are considered grounds for reducing payments:

1. Disability due to the payer's non-working group, due to which he himself requires care.
2. The payer has other dependents whose rights and interests are infringed due to the amount of alimony for the first offspring or several children.
3.  The parent has serious health problems and cannot work at full capacity as before, although he has not lost the ability to work completely.
4. The payer pays more than 50% of his income for the maintenance of all dependents, which is contrary to current legislation.
5. The appearance of active property in the child.
6.  The child has his own income, as a result of which he can support himself on his own.
7. The child is in state custody. provision, for example, studying in college at a year-round boarding house.
8. The total income of the child support worker has decreased significantly.

This is an approximate, but not complete list of circumstances in which a magistrate judge may agree to the need to reduce alimony payments. Each case being examined has its own unique features and nuances, which can be taken into account by the judicial authorities and affect the decision made.

Changes in the amount of alimony payments must be made in the same way as they were originally established. Sometimes the mother and father verbally agree on payments, in which case the alimony payer needs to contact the ex-wife in order to reduce the amount of payments on a trusting basis.

In the case where cash payments are made in accordance with a previously signed agreement certified by a notary, the amount of payments can be changed by signing a new agreement.

When alimony is initially paid according to a writ of execution, that is, according to a previously adopted court decision, the payer will need to prepare a claim and prove in court the need to change the amount of payments.

If the court makes a decisive decision to refuse to reduce the monthly allowance, the plaintiff has the right to demand a reasoned court decision within 3 days.

Over the next 5 days, the plaintiff will receive a reasoned decision and, if necessary, can file an appeal to challenge the decision, but no later than 1 month from the date of its issuance.

If the court refuses to satisfy the application, and within a month the plaintiff does not make a decision on the appeal, or he later has a desire or new circumstances to recalculate alimony, he will have to re-send the statement of claim to the magistrate’s court.

Legally, alimony is paid in one of two ways:

1. As a share of the income received, for example, 25% of the salary.
2. In a fixed amount of money, for example, 10 thousand rubles.

When payments are reduced, the principle of determining payments must remain unchanged. If payments are in a fixed amount, after alimony is reduced, it must still be in a fixed amount. If you need to change the method of calculating monthly payments, you must file a separate claim, which is also considered within 1 month.

In some cases, after considering the case materials, the court may decide to completely remove the alimony obligation from the payer. Most often this happens after paternity has not been confirmed, although in some cases the reason for this may be the extremely difficult life circumstances of the payer.

In addition, there is no need for alimony when the child stops living with the previous recipient of alimony and finds himself under the full custody of the alimony payer.

To change the amount of alimony allowance, the payer must apply to the judicial authority with an application, to which a number of documents must be attached:

• plaintiff's passport;
• baby's birth certificate;
• document on the marital status of the child’s parents;
• a paternity document if the baby was born outside of marriage.

It is necessary to make copies of all documents in advance and notarize them. In addition, you need to provide the court with evidence that there are compelling reasons to review the amount of monthly payments. The following documents can confirm this:

• alimony agreements, writs of execution and other documents confirming the maintenance of other dependents;
• certificate 2-NDFL;
• documents confirming re-marriage or the birth of another child;
• certificate of family composition of the alimony payer (taken from the housing department);
• documents confirming disability;
• documents from the hospital on health status and related employment opportunities;
• extract from the house register.

These documents should also be copied and certified by a notary. The prepared application with papers and a receipt for payment of the state fee must be submitted to the magistrate's court.

When considering cases concerning the payment of funds for a child, the court always takes the side of the weaker, unprotected party. Because of this, it is quite difficult to reduce the amount of payments. However, if the father can prove that it is impossible to continue making payments in the same amount, the percentage of alimony or the fixed amount may be reduced.

Most often, the court takes the side of the payer at the birth of a second child in a new family. That is, a man must support three children (1 from his previous family and 2 from his current family).

If he pays 25% of his salary for the first child, then a recalculation can be made, because according to the law, all children must receive equal assistance, and its total amount cannot exceed half of the payer’s earnings.

In such conditions, child support for the first child will be reduced to 17%.

If a claim for the recovery of a smaller amount of alimony is filed due to a deterioration in health, but the plaintiff cannot prove the real impossibility of working at the previous level and paying the previously agreed amount, the claim will be denied.

Taking out a loan is not considered a sufficient reason to reduce the amount of alimony payments. A loan is considered by the court as a voluntary extension by a person of his financial obligations.

When filing a claim due to a large number of dependents, it is necessary to take into account the status of persons in need of financial assistance and their age.

A 2-NDFL certificate can be the basis for cutting payments to reduce one’s financial situation, but only in cases where the alimony payer has health problems that reduce his ability to work and do not allow him to work and improve his financial situation. In other words, if the plaintiff can find additional work to meet his obligations, his claim for a reduction in monthly payments will fail.

Issues regarding the reduction of alimony are resolved in favor of the payer only in the event of a real impossibility to provide for the children in full.
It is very important to correctly determine in advance the court where the application will be filed. If the jurisdiction of a claim by a particular court is incorrectly determined, the application will not be considered at all. Among other things, the father can go to court to reduce payments if he has a very high income, and after the reduction, the amount will still be quite enough to satisfy all the needs and requirements of the baby. The law does not establish a sufficient amount for the maintenance of children, therefore the decision regarding such applications directly depends on the opinion of the judge.

The court often takes the father’s side and reduces alimony, as it believes that both mother and father should equally take part in providing for the child. Therefore, the court can calculate 25% of the mother’s salary, which she must spend on the child, and oblige the father to pay the child exactly the same amount every month.

Cases concerning alimony payments are considered quite complex, the court does not always side with the payer, but you can increase the likelihood of making the decision you need if you first seek help from an experienced lawyer and prepare in advance all the necessary documents confirming the possibility or need to reduce costs for the maintenance and provision of the offspring.

How to reduce the amount of alimony legally: documents

Long-term judicial practice shows that all processes that are aimed at significantly reducing the amount of alimony are complex and completely ambiguous proceedings.

Submitted applications for a reduction in the amount of alimony must be considered over a long period of time, which the court usually spends on considering each factor provided, as well as minor nuances relevant to assessing the correct verdict. Read also the article: “How to apply for alimony.”

In his own interests, a legal institute for alimony financial assistance was created. However, there are also many prerequisites that have an impact on the initiation of a civil case aimed at reducing the amount of alimony.

Instructions

To the question of interest: “How to reduce alimony?” You can get a general and detailed answer only from a professional and experienced lawyer who has specialized in reducing the amount of this type of deduction for several years.

When the result of such a consultation is the final decision to file a claim to reduce the total amount of alimony, then you need to be prepared for a lengthy process that requires careful preparation in collecting important certificates and documents, as well as drawing up a correctly executed and legally valid claim. To obtain permission to initiate a case, you must have an audience with the judge to convince him that:

• it is necessary to conduct a process to reduce the amount of alimony payments;
• if the decision is positive, the legitimate interests and rights of the adolescent recipient will not be infringed;
• the reduction in alimony payments will not affect the quality of his usual life.

Below we will discuss the process and factors confirming the legal basis for the court to make this decision.

Grounds for reducing the amount of alimony

When there is a final court decision according to which the payer is obliged to pay, then he will no longer be able to avoid alimony payments completely. He will still have to pay under any conditions, especially in cases where there is alimony debt. However, the amount of alimony can be reduced when there are compelling circumstances for this, which are determined by current current legislation:

1. a sharp decrease or complete loss of the payer’s legal capacity, which is expressed directly in the recognition of his disability in the second or first non-working group, in accordance with this, the amount of his income has become significantly less, therefore the amount of alimony payments for child support entails a sharp decrease in the amount (see → types of income subject to alimony);
2. if the recipient has been officially recognized as legally competent, then it is assumed that he has enough money for his maintenance and does not need that amount of alimony. The grounds for his legal capacity may be: his majority and the ability to provide for his needs completely independently; if he has not reached the age of majority and entered into a legal marriage, his permanent income, expressed in employment, has been recorded. This may be a reason to reduce funds for its maintenance. Direct evidence in this case is the presence of an employment contract or contract, as well as the employment of the teenager as a private entrepreneur. Direct confirmation of the recipient's regular income is the fact that he owns real estate or movable alimony property, which brings him regular income. The total amount of income must be sufficient to satisfy all the recipient’s material needs for independent living. In this case, the court may also recognize an official reduction in alimony payments.
3. when there are people in the payer’s family who need his financial assistance legally, as a result of which his monthly income has decreased. Such persons may be incapacitated parents, other family members officially recognized as disabled, as well as those in need of financial assistance, minor children from another marriage (the degree of relationship with the payer does not matter if the plaintiff is legally obligated to pay alimony. Such situations already imply a significant reduction the amount of his income;
4. a reduction in alimony payments for the maintenance of the recipient is possible if the recipient has regular government support. The best examples of such grounds for reducing the amount of alimony payments, as well as making a final court decision, which then allows alimony to be paid in a smaller amount, would be the recipient’s permanent education at the Suvorov School, boarding school or orphanage. In this case, child support is only necessary to support the child during the holidays and to purchase necessary things;
5. with the simultaneous issuance of several court decisions, which state the calculation of a specific amount of alimony in the event of the birth of a second or more children, as a result of which the total amount of income of the payer has become significantly less. To reduce the amount of alimony payments in this case, there is a contradiction in Article 81 of the current Family Code, where alimony for two or more children is currently designated as 33% of the total income of the payer. However, in cases where the plaintiff’s children were born to different women, the payer will have to pay 25% for one child and 25% of contributions for his second child. And when the payer has only two children from one woman, then he is obliged to pay a total of 33% of his income received for them. Upon the birth of a joint second child, the law provides for an increase in child support payments by 17%. If the total amount of alimony payments significantly exceeds the amount established by law, the payer has the right to file a claim against the recipient, demanding a reduction in the total amount of alimony payments, which can be reduced to a maximum of 33%.
6. upon confirmation of the payer's high income, when the total amount of alimony payments will significantly exceed the conceivable necessary needs to ensure the full material well-being of the children, as well as a reduction in their total amount will be considered reasonable in the event of the birth of a second child. In this case, the court may also end up making a final decision that will reduce the total amount of alimony. This reduction in payments should never affect the child’s quality of life.

There are a number of reasons why the alimony payer can completely relieve himself of responsibility for payment; read more about this in the article: → “how not to pay child support.”

Reasons that do not affect the reduction of the amount

The following factors cannot be reasons for reducing the amount of alimony:

1. the amount of money received by the recipient with whom the child lives is too large in the case that the amount of earnings of the payer of financial assistance is much less;
2. when a child owns any property, real or movable, which in practice does not generate income for him;
3. if the child receives a fixed pension legally.

These cases are not grounds for reducing alimony payments, so in such situations it will remain the same.

This is explained by the fact that, according to the current law, parents must both take part in providing financial assistance to the child until he reaches adulthood; these responsibilities do not depend on factors such as the birth of a second and subsequent children. Reducing the amount of alimony in such a case cannot be considered legal.

Documents required to file a claim to reduce the amount of alimony

In order to responsibly prepare for filing a claim to reduce the total amount of alimony, you must prepare and then provide the necessary documents:

1. a copy of the marriage contract certificate, necessarily certified by a notary;
2. a copy of the divorce certificate, necessarily certified by a notary;
3. a copy of the court decision on the collection of alimony for the payment of financial assistance for the second and subsequent children, which must be certified by a notary;
4. a copy of the agreement drawn up for the payment of alimony, which must be certified by a notary;
5. a copy of the agreement to pay alimony for financial assistance to the second and subsequent minor child, which must be certified by a notary;
6. original certificate in standard form 2-NDFL;
7. an extract from the house register, officially registered in the EIRC, as well as a certificate from the personal account, which reflects all financial transfers;
8. If you hire a lawyer, you need a notarized power of attorney so that he can defend your interests in court.

Factors taken into account by the court

When drawing up an agreement, if the court made a positive decision to accept the statement of claim for a significant reduction in the amount of alimony payments to be processed, it is necessary to schedule a preliminary hearing in court.

The court also carefully analyzes and evaluates the overall level of provision for each child, that is, the recipient of alimony and other children, if they are part of the plaintiff’s family, or those who are supported by him.

In this case, the income level of the parents is not taken into account.

In cases where the decision to assign alimony payments to the payer was made on the basis of a share of the payer’s total income, then the final decision regarding the reduction of payments will also reflect the proportional ratios. When the first official document determined a fixed amount of money that the plaintiff regularly had to pay, the court must make a decision to reduce the amount of subsequent payments in the form of a fixed amount of alimony.

The final amount of payment will also be determined by the court, taking into account the following factors:

1. the total amount of income or salary of the person who makes alimony payments;
2. the ratio of income and alimony;
3. the number of persons who are supported by the plaintiff;
4. calculation of the percentage of the plaintiff’s income that falls on each needy child;
5. the necessary data set out in the payer’s claim, which may become the basis for considering the possibility of reducing alimony payments.

In the case where the payer has arrears in alimony, the payer cannot be released from the obligation to repay it; this also applies to cases when a second child is born.

The amount of possible alimony debt is also taken into account by the court and influences the decision to reduce alimony payments.

Making a decision to reduce the amount of alimony can only be relevant after the already accumulated debt has been completely cancelled.