Objection to alimony appeal

If for one of the parties the obligation of the second party to pay alimony is an indisputable fact, then for the second party this obligation may seem very controversial. If one of the parties has received an order or court decision to pay alimony, the disagreeing party has the right to file an objection with the court.

This possibility is provided for by civil procedure legislation: Article 129 of the Code of Civil Procedure of the Russian Federation (regarding a court order), Article 149 of the Code of Civil Procedure of the Russian Federation (regarding a statement of claim), Article 325 (regarding an appeal) and Article 344 of the Code of Civil Procedure of the Russian Federation (regarding a cassation complaint). As we see, it is possible to object to alimony obligations at all stages of legal proceedings – right up to the appeal and cassation stages.

In this article we will consider possible grounds for objections to an order, claim, appeal and cassation, as well as the method of drawing up and the procedure for submitting relevant documents to the court. In this article you will find samples for downloading.

If you have any additional questions, if you need help in preparing and submitting documents to the court, contact the lawyers of our portal for free consulting support!

Grounds for filing an objection to the court

To express disagreement with the stated requirements for the collection of alimony (amount, payment procedure), compelling reasons, supported by documents, are required. Unfounded objections will not be taken into account by the court.

The grounds for filing an objection to the court regarding alimony obligations include:

• difficult financial situation of the payer;
• disability of the payer;
• whether the alimony payer has other dependents;
• whether the minor child for whom alimony is being sought has his own income;
• short duration of marriage, inappropriate behavior in the family, alcohol or drug abuse, commission of a crime (if we are talking about alimony obligations towards the spouse);
• the recipient of alimony is supported by the state or other persons (living in a nursing home, orphanage, boarding school, concluding a lifelong maintenance agreement);
• other circumstances.

All circumstances that the alimony payer refers to as grounds for filing an objection must be documented.

Objection to a court order

Writ proceedings are a special, simplified procedure for obtaining a writ of execution on the payment of alimony. This executive document is called a court order and is issued within only 5 days from the moment the alimony recipient applies to the court.

The court considers an application for a court order without summoning the parties to a court hearing.

Since the court order is issued in absentia (without calling and hearing explanations from the parties), the alimony payer who does not agree with the court decision can file an objection to it within 10 days.

So, timely (within 10 days) filing an objection to the court order leads to the cancellation of the court decision.

What to do if the 10-day period provided for filing an objection to the court order is missed? If the reason for absence is valid, you can apply to the court to restore the missed deadline, attaching documents confirming valid reasons. If the court refuses to restore the missed deadline (or the reasons for missing the deadline are unjustified), the court order can be appealed in cassation within 6 months (according to Part 1, Clause 2, Article 377 of the Code of Civil Procedure of the Russian Federation).

How to file an objection to a court order?

The document must contain the following information:

• Details of the court that issued the order;
• Details of the person filing the objection;
• Document's name;
• Description of the circumstances of issuing a court order to pay alimony in favor of the recipient of alimony payments;
• Description of disagreement with the issued court order, indicating the reasons and links to supporting documents;
• Request to the court to cancel the court order;
• Date of filing the objection;
• Signature;
• List of documents.

Sample objection to a court order

Objection to the statement of claim (revocation)

If demands for alimony payments were made through legal proceedings, you can also disagree with them by filing a counterclaim, objection, or withdrawing the statement of claim. In this article we will look at the procedure for drawing up and filing an objection or response to a claim.

What is the difference between these documents - an objection and a withdrawal of a claim? The legislation (Article 149 of the Code of Civil Procedure of the Russian Federation) specifies the possibility of filing an objection - a refutation, disagreement with the claims. According to Article 35 of the Code of Civil Procedure of the Russian Federation, a defendant who agrees with the claim has the right to present arguments and give explanations of the circumstances of the case - this can be done in the form of a response.

Unlike an objection, which is filed against a court order that has already been issued, an objection (revocation) to a claim is filed before the start of judicial consideration of the claim.

How to file an objection to a claim for alimony?

The document is drawn up in free form, with mandatory adherence to the norms of official business style of presentation. It consists of the following parts:

• Information about the court to which the objection is addressed;
• Information about the applicant (full name, address);
• The title of the document is “Objection to the claim for payment of alimony”;

Descriptive part

First of all, you should provide basic information about the case that is being considered in the lawsuit (number, date), information about the parties to the case, and the plaintiff’s demands.

Then you should state your own position regarding the claims stated in the statement of claim.

It is necessary to indicate the circumstances in connection with which the applicant objects to the claim, or the grounds in connection with which the claims, for example, the amount or procedure for alimony payments, should be rejected or not fully satisfied. In support of these circumstances, the applicant must provide evidence to the court.

In conclusion, it is necessary to succinctly state your own position on the claim with references to legislative acts regulating the disputed legal relations. Then - a request to the court.

The document must be personally signed by the applicant or representative - if there is a document confirming representative powers.

Signature

List of documents

The objection must be accompanied by documents that confirm the applicant’s position. This may be: birth certificates of the defendant’s children, a medical certificate of health, a work record book, a certificate of income from the place of work, and other documents - depending on the circumstances. All documents are submitted in as many copies as there are parties involved in the case.

When filing an objection to a statement of claim, the state fee is not paid.

Sample objection to alimony

You can clearly see a sample objection below:

Objection to the appeal and cassation complaint

It happens that a court decision is made against the alimony payer that completely suits him. But the alimony recipient who filed the claim is not happy with the result.

The law gives him the right to appeal a court decision to a higher court. The alimony payer has a corresponding right to file an objection to the appeal.

This right is provided for in paragraph 2 of Article 325 of the Code of Civil Procedure of the Russian Federation.

As for the objection to the appeal, it is drawn up according to the same rules as the objection to the claim or court order, and contains:

• information about the court that will hear the appeal;
• information about the parties (full name, residential address);
• document's name;
• information about the initial consideration of the claim in the court of first instance and the decision made;
• the party's arguments against changing the decision, supported by documentary evidence;
• date of;
• signature;
• list of applications.

There is no need to pay a state fee to file an objection.

Documents are submitted in as many copies as the number of parties will take part in the trial.

You can clearly see the example below:

All of the above rules for preparing and submitting documents are also valid in the event of filing an objection to a cassation appeal, the right to file which is provided for in Article 344 of the Code of Civil Procedure of the Russian Federation. The only difference is that the documents are submitted directly to the court of cassation.

Sample objection to alimony appeal

It is known that the court's decision is not final. It can be challenged by filing an appeal. However, this document is not final either. Thus, the defending party has the right to file an objection to such a complaint in court.

It is important to note that since either party can file an appeal, then either party can file an objection if it has something to say. This right is enshrined in Art. 327 Civil Code of the Russian Federation.

Objection to alimony appeal

The court, when considering an alimony case, makes a decision in favor of either the alimony payer or the alimony recipient. Accordingly, the party that is not satisfied with this decision can try to appeal it by sending an appeal to a higher court.

• After receiving an appeal from the court, you can either not react at all, or file your own appeal, or write an objection to this complaint.
• Filing an objection is relevant in a situation where the court verdict fully satisfied the applicant, and the defendant in the appeal indicated arguments that are absolutely contrary to the circumstances that were clarified during the course of the proceedings.
• According to the procedure for conducting meetings in the court of appeal, the objection must be read out immediately after the appeal is announced.

The objection, although not mandatory, is quite an important document. It can contain arguments that refute the arguments of the party who compiled and filed the appeal.

At the same time, the author of the objection is given the right to attach new information that has not previously been presented and which can seriously weaken the arguments of the author of the appeal. We strongly recommend that you exercise this right.

The objection does not contain any demands on the court. Its main and only task is to weaken the evidence base of the author of the appeal as much as possible.

An established sample of a document-objection to an appeal does not exist and cannot exist for the simple reason that it is drawn up individually, taking into account all the materials that are available in this particular case. However, there are a number of basic recommendations.

Thus, an objection to an appeal is drawn up in simple written form. The legislator does not have any special criteria in relation to this document.

However, this document must have the following attributes:

• The name of the court where the appeal was filed;
• Information about the person filing the objection (procedural position, full name, as well as place of residence);
• Link to the document to which the objection was drawn up;
• The plaintiff’s position on the requirements specified in the complaint;
• List of documents attached to the objection (if any);
• Signature of the author of the objection.

The key point in the objection is the point devoted to the position of its author regarding the requirements specified in the appeal. You need to present your position as cogently and clearly as possible and ultimately explain how you see the outcome of consideration of this document. For example: “I ask you to keep the decision of the court of first instance in its original form.”

Recently, the period for filing an objection to an appeal has been significantly reduced. Today, a party is given one calendar month to file and register an objection. If you don’t have time for at least a day, the court will not accept this document, even if your objection is truly reasoned.

Materials that support good cause include:

• A sick leave certificate confirming that the author of the objection is undergoing treatment;
• A document confirming the fact that the author of the objection completed military service within a month from the date of filing the appeal;
• An extract confirming the fact that such a person is serving a sentence of imprisonment;
• Travel sheet.

The complaint should be drawn up in compliance with all the rules enshrined in the Code of Civil Procedure, and then sent to the department of the court that issued the ruling appealed.

After the judge has formed the case, the application is sent to a higher court. For example, the highest authority in civil proceedings is the judicial panel for civil cases. An objection to the appeal should be filed with the court that will hear the case.

There are three ways to submit a response to an objection:

• Through the court office;
• By registered mail (receipt receipt required);
• Directly during a court hearing.

Any citizen who appears in the proceedings, and even a third party whose interests were indirectly affected (for example, it could be a third party who owned part of the housing that the court seized from the defendant) can file a review.

Objection to alimony appeal

When a father living separately from the child receives a writ of execution or a court order to collect child support from him in favor of a minor, he can challenge the decision and file an appeal. The law gives him this right. The grounds for appeal may vary: from objections regarding the amount of monthly payments to denial of paternity. Below we will take a closer look at the most common situations. If you have any questions or need help in drawing up an objection to a complaint, please contact the lawyers of Pravosfera for advice.

Important! We consider standard situations and the possibilities of solving them; your case may be fundamentally different from the cases described, which means that the problem must be solved individually.

Grounds for appeal

You cannot file an objection to the court only on the grounds that you personally are not satisfied with its decision; the assessors render a verdict in strict accordance with the law, so there must be compelling reasons for the appeal.

1. The extremely difficult financial situation of the defendant, which does not make it possible to implement the decision.
2. Permanent or temporary disability of the alimony payer.
3. Inability to fully pay child support due to the father having other dependents.
4. Employment or receipt of income from business by a minor who is over 16 years of age.
5. The recipient of alimony is on state support.
6. Other situations provided for by law.

It should be taken into account that any reason must be documented.

Appeal against a court order for alimony

The judge makes this decision without the participation of the parties to the conflict, since if no one has any objections, then there is no point in wasting time at the hearing. For example, a wife demands to collect alimony, according to the law, the second parent has nothing against it, does not doubt his paternity, etc. A government representative reviews the petition written by the plaintiff and issues a court order.

However, there are times when the alimony payer gets acquainted with the document and realizes that everything did not turn out the way he imagined. In such a situation, he has time (10 days) to file an objection to the court order. After this, the withholding of alimony will be suspended, and the case will be sent to the court to make a new decision, but with the participation of the parties to the conflict.

When is an objection to an appeal filed, and how should it be drafted?

Sometimes in life it happens that after alimony has been assigned, the defendant begins to pay it, and everything seems to suit him, but the child’s mother does not agree with the court’s verdict.

Example. The court, following the mother’s claim for alimony as a share of the husband’s income, made a decision to assign alimony in a fixed amount. This decision was made due to the fact that the child’s father had his own successful business and very high income.

When collecting a quarter of the profit, the amount was so large that it more than covered all the needs of the minor. That is why the amount of alimony was fixed, but was subject to regular indexation. The mother filed an appeal, and the father, having learned about this, sent his objection.

As a result, the court's verdict remained in force.

This situation is provided for by law, and the father, in accordance with Art. 325 (clause 2) of the Civil Code of the Russian Federation acted absolutely correctly, exactly as his lawyer advised him. The rules for drawing up an objection to an appeal are quite simple, but it is better to do this under the guidance of a competent lawyer. So, the contents of the document should contain the following information:

• name of the court;
• details of the parties: personal and contact information;
• initial court verdict;
• arguments of the party objecting to changes to the original document;
• list of applications.

A lawyer will help you draft an objection to the appeal.

In order for a document to be accepted by the court for consideration, it is very important to take care of its correct execution. In this case, the help of a lawyer from the Pravosfera agency will be very helpful.

A specialist will not only help you draft a document, but will also find the necessary arguments and motivations for your position. You have the opportunity to ask questions to a consultant around the clock, both by phone and in online chat on the website.

We guarantee complete anonymity and confidentiality, so you don't even have to register on the site.

Objection to the appeal for alimony (collection) in 2023 - in a fixed amount of money

Various disputes related to alimony occur in the courts very often. The collector and the payer rarely manage to solve the problem on their own.

But the decision of the court of first instance rarely suits all parties; often an appeal may be filed against it.

The party that was satisfied with the decision may disagree with the arguments of the complaint and state its position on this issue in an objection.

What it is

Objections to an appeal are actually a statement from another participant in the process.

• He expresses his disagreement with the applicant's demands and gives his position on the basis of which the original decision should be upheld and the appeal rejected.
• Filing an appeal can be considered as the beginning of the second stage in the judicial proceedings regarding the dispute between the parties.
• As a result of the appeal, the original decision may be reversed, revised or upheld.

Important! Preparing objections to a complaint is a right, not an obligation, of other participants in the process.

They may not take any action until legal proceedings begin. You can express your position later, when giving explanations.

But failure to use the granted right significantly reduces the chances of obtaining a decision in favor of the party opposite to the applicant of the complaint. It is often difficult to provide all the necessary arguments and evidence orally.

When filing objections, you can and should, if necessary, attach relevant evidence, including new evidence.

But it will be necessary to explain the reason why they were not presented while the claim was being considered by the court of first instance.

Comment. You should be aware that certain restrictions apply when considering a case in the appellate court.

New demands cannot be brought forward against the defendant, additional third parties cannot be involved, etc.

But this does not mean that the appellant does not have the right to eventually file a new claim.

The legislative framework

The entire legal process on the issue of alimony is based on the norms of the Code of Civil Procedure of the Russian Federation, the Civil Code of the Russian Federation and the IC of the Russian Federation.

Only in some cases may it be necessary to study additional documents to protect your rights and interests on this issue.

The possibility of filing an appeal and objections thereto is established in the Code of Civil Procedure of the Russian Federation.

Russian legislation does not establish any regulated forms or special requirements for drawing up objections.

The document must be prepared and executed in accordance with the general rules and regulations for documents sent to the courts. They are also given in the Civil Code of the Russian Federation.

Grounds for filing a lawsuit

1. The grounds for filing an appeal are: disagreement with the decision of the court of first instance, errors and inaccuracies made in its adoption, refusal to take into account additional evidence and circumstances.
2. There is only one basis for filing objections - disagreement with the appeal.
3. But simple words of disagreement with the demands of the complaint or the evidence presented in it are not enough.
4. When filing objections, the author must also confirm his position by providing evidence, references to regulations and other arguments in support of his position.
5. Often, even with formal disagreement, it turns out to be quite difficult to formulate the grounds for objections and justify them.

In this case, it is better to immediately seek help from professional lawyers.

They will not only be able to clearly and competently prepare a document, but will also advise on issues of further defense when participating in a court hearing, etc.

Alas, the services of specialists are not available to everyone; citizens often have to independently defend their rights and interests in the courts, including in the appellate instance.

Where to send

Objections must be filed in the trial court.

He prepares the complaint and all objections received regarding it and, after the expiration of the allotted period for appeal, transfers these documents along with the case to the appellate instance. This is where he will be considered.

Sample objection to alimony appeal

• Properly prepared objections can be a good help in protecting your rights and interests during the trial.
• The court has the opportunity to familiarize itself with them before the start of the court hearing, which means they will influence its position on the dispute.
• But it is necessary not only to justify all the points cited in the application, but to prepare it in accordance with the rules and requirements of the law.

Important! When drawing up objections, be sure to include full information about the complaint against which they are being filed and the initial court decision.

This allows the court to determine which case and issue a particular document relates to and avoid confusion. In the absence of this information, objections will most likely not be accepted.

To reduce the amount of payments

Often, the payer of alimony tries in the appellate court to achieve a reduction in its amount.

By filing timely objections to the complaint, the claimant increases the chances of upholding the original decision. But you should remember the need to prove to the court the correctness of your position.

1. When writing objections, it is imperative to refer to the evidence available in the case or attach new ones.
2. The latter action is permissible only if there are good reasons for not presenting them in the first instance, otherwise they will not be accepted by the court.
3. In addition, various motions can be filed with the objection, for example, asking the court to request documents.

This is worth doing, even if such a petition was rejected at first instance. Often the positions of the appellate and first courts may differ.

In a fixed amount of money

The claimant may consider that the amount of alimony prescribed by the court as a percentage of the payer’s income is too small and does not correspond to his real income.

In this case, he often files an appeal.

The payer, most often, is not at all satisfied with this option and will have to prove that the court of first instance made a correct and balanced decision.

One of the first methods for protecting its interests for the payer will be to file objections to the complaint.

But it is not easy to substantiate one’s position on this side of the dispute; often the courts take the side of the claimant without even delving into the proceedings of the case. In such a situation, it is better to seek help from professional lawyers.

On a court order

• Currently, the issue of collecting alimony is initially resolved through writ proceedings.
• A court order has the force of a writ of execution and the claimant can immediately contact the bailiffs with it.
• It will be necessary to directly file a claim only if the court order is canceled.

Court orders cannot be appealed.

They can be canceled if the debtor files objections within the period established by law.

It is also possible to appeal against a court order by way of supervisory review. If the debtor missed the deadline for canceling the court order for a good reason, then he can restore it by filing a corresponding petition with the judge who issued the order.

Naturally, if it is impossible to file an appeal against the court order, there is no way and there is no need to file objections to it.

What information should it contain?

1. Despite the absence of strict regulated forms for drawing up objections, the law imposes certain requirements on the content of this document.
2. They are quite simple and easy to follow, but professional lawyers recommend using an established document layout and drawing up your application strictly following it.
3. This helps include all required information and reduces the likelihood of technical errors.
4. We give an approximate outline of the document in the following table:

Introductory part	Data of the addressee court, data of the applicant (full name and address), data of all other participants in the case, information about the complaint and the decision challenged by it
Main (motivational) part	Objections to the arguments of the complaint (which arguments are not justified, which provisions of the law are interpreted incorrectly, etc.)
Petition part	Request to leave the complaint unsatisfied and the original decision unchanged

Sample document

Of course, you can contact a professional lawyer and for a fee he will prepare the document in the best possible way. But you can also make an application yourself.

In this case, it is recommended to rely on a ready-made sample template, which can be quite easily found on the global network.

Sample objection to an appeal to reduce the amount of alimony

The only difference is that the prepared written document in three copies, together with attachments, is sent directly to the body that is the cassation court.

Objection to the appeal The judicial system of the Russian Federation is three-stage, according to which the decision made by the court of first instance is subject to verification in the appellate and cassation procedures.

Any person, turning to court for the protection of a violated right, hopes for a fair resolution of the dispute, which is achieved by observing the basic principles of legal proceedings, among which the most important are the independence of judges, equality and equal rights of the parties and participants in the process.

The decision of the court of first instance, made following the consideration of the case, enters into legal force after one month from the date of its preparation in its final, reasoned form. A person who does not agree with the court’s conclusions set out in the decision has the right to appeal it in an appellate court. A copy of the appeal must be sent to all persons involved in the case.

Having become familiar with the position of the appellant, any party, regardless of his procedural position: There is no fundamental difference between these legal concepts such as review or objection; in fact, these are identical words.

How long does it take to file objections? A filed appeal must be accepted for proceedings by the appellate court, and a ruling must be issued regarding its acceptance, in which the court determines the date and time of the court hearing and invites the participants in the process to take certain actions in order to prepare the case for consideration.

We recommend reading

One of the requirements of the court is the obligation of persons taking part in the case to submit objections to the appeal, and the same ruling contains an indication of the date by which the objection must be submitted. The appeal must be considered within 2 months from the date of receipt of the case from the court of first instance.

Due to judges' busy schedules, the case is usually assigned closer to the end of the deadline. Therefore, the participants in the process have enough time to prepare an objection.

Objections must be sent to the court well in advance, taking into account delivery times if they are sent by mail.

This procedure is provided in order to comply with the principle of equality of rights of participants in a judicial dispute, which contains the requirement that each person has the right to know in advance about the arguments and position of his opponent. How to draw up a complaint correctly After receiving an appeal, you need to carefully read the contents to ensure that the appellant’s demands comply with the norms of procedural and substantive law.

Surprising but true! I'm sure it will be useful for many to know.

Compliance with procedural norms means that the person filing the appeal did not violate the deadlines for filing it, correctly indicated all the parties to the dispute and relies on the arguments and evidence that were the subject of consideration by the court of first instance. If the applicant missed the deadline for filing it and filed a petition with the appellate court to restore the deadline, other participants in the case may object to its satisfaction.

If the parties do not consider the reasons for the absence to be valid, then they need to write about this in the response and demand that the court refuse to accept the complaint for proceedings in connection with the missed deadline.

An objection to the timing of filing a complaint may be filed immediately after receiving a copy of the appeal if a violation is found.

The requirements of substantive law are the correct application of legal norms and compliance of the applicant’s position with legislative acts.

Objection to a court order

If you disagree with the contents of the complaint, you must write a reasoned objection that reveals the reasons for the disagreement. Detailed and detailed on each point in which the opinions of opponents of the legal dispute diverge and differ from each other.

Each conclusion must be supported by the norms of the law, otherwise such an objection will be groundless.

According to procedural rules, participants in the process are deprived of the right to present new evidence to the appeal and state new facts and arguments that were not considered in the court of the first level. Therefore, you need to write in the review only what is known to all parties from the proceedings in the lower instance.

Application for resumption of enforcement proceedings on alimony (sample)

Objections in civil, criminal and arbitration cases There are no special differences in the procedure for drawing up and filing a response to an appeal according to the types of branches of law.

At the same time, there are some procedural features regarding where and how the objection is filed. Criminal cases are tried by magistrate and federal judges, depending on the severity of the crime committed.

An appeal against a decision or order of a magistrate judge is filed in the district court to the federal judge for the relevant area.

But the decision of the court of first instance rarely suits all parties; often an appeal may be filed against it. The party that was satisfied with the decision may disagree with the arguments of the complaint and state its position on this issue in an objection. What is it? Objections to an appeal are actually a statement from another participant in the process.

He expresses his disagreement with the applicant's demands and gives his position on the basis of which the original decision should be upheld and the appeal rejected.

Filing an appeal can be considered as the beginning of the second stage in the judicial proceedings regarding the dispute between the parties.

As a result of the appeal, the original decision may be reversed, revised or upheld.

Surprising but true! So how now, taking into account the requirement of the above paragraph of the Resolution of the Plenum of the Armed Forces of the Russian Federation, can we calculate the state duty for reducing alimony?

Preparing objections to a complaint is a right, not an obligation, of other participants in the process. They may not take any action until legal proceedings begin. You can express your position later, when giving explanations. But failure to use the granted right significantly reduces the chances of obtaining a decision in favor of the party opposite to the applicant of the complaint.

Legal assistance online

If child support was awarded in shares of the defendant’s earnings and other income, the amount of payments when satisfying a claim to reduce the amount of alimony should also be determined in shares.

In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: I believe that maintaining the previous amount of alimony collected from me for the maintenance of Arkady Ivanovich Ivanov Reduce the amount of alimony collected from me by court order from Collect from me in in favor of the defendant for the maintenance of Arkady Ivanovich Ivanov’s son Signature, transcript Ladies and gentlemen, just don’t use this sample as a template for your own claim.

I categorically do not advise you to do this! I presented this application form for a reduction in the amount of alimony to you only for your reference, so that you can roughly imagine what is usually written there in this claim by would-be plaintiffs.

Surprising but true! After the decision is made and the defendant receives a copy of the decision, he has 10 days to appeal it.

Why might this happen?

Sample objection to alimony appeal

Anyone who does not want to understand and hear this will be forced to suffer a fiasco in court regarding the issue of reducing the amount of alimony. I strongly do not recommend using, in principle, any claim form for alimony reduction that you find on the Internet.

In order not to be unfounded, I will give an example. A man, let's call him Alexey, turned to me for help and said that he had filed a claim with the magistrate to reduce the amount of alimony.

Would you like to see this statement of claim, made according to the template indicated on the stand in the premises of the magistrate? No problem - here it is.

In this claim, the only reason stated for reducing the amount of alimony is that the total amount of alimony collected from the Plaintiff exceeds the share established by law.

And then sadness awaits you.

Surprising but true! The Magistrate's Court, applying the provisions of Article 81 of the Family Code of the Russian Federation, did not take into account that it establishes the amount of alimony when it is collected from minor children in court.

Take, for example, this same lawsuit that Alexey prepared. I told Alexey and showed him with a concrete example what would await him ahead when the court considers the piece of paper he filed as a claim; I can’t even call it that.

It is not difficult to imagine the plaintiff’s reaction after such a decision is read to him: That is, if you began to pay alimony for another child born to you later and from another woman, it does not matter whether you entered into a new marriage or not, then, in the court’s opinion, this is not grounds for reducing the amount of alimony for the first child? No, this is all clear, and there is no need to argue with it. Have you ever thought about this? And in the same way, his complaint will be denied.

Because the document was drawn up in an amateurish manner. In a word, everything has been done to simplify and simplify the work of the judge, to create the prerequisites for the court to make a ready-made template decision.

But let's return to Alexey. The guy seemed to feel that with such a template claim for reducing the amount of alimony that he had filed, there was no chance for him, and he turned to me. Fortunately, he was not late, since at the time of contacting me the case had not yet been scheduled for consideration.

I helped Alexey gain confidence and significantly complicated the judge’s work by preparing a legally competent statement of claim to reduce the amount of alimony, and then changing the grounds for reducing the amount of alimony. Now the judge will no longer be able to make a template decision in 5 minutes, since she will need to carefully consider each of the plaintiff’s arguments.

There may be other reasons to disagree with the claim. The law does not limit the filing of objections to certain grounds. If you have any additional questions, if you need help in preparing and submitting documents to the court, contact the lawyers of our portal for free consulting support!

Grounds for filing an objection in court To express disagreement with the stated demands for the collection of alimony in the amount, payment procedure, compelling reasons, supported by documents, are required.

Unfounded objections will not be taken into account by the court.

Thus, the defendant may deny the authenticity of the documents submitted to the court, point to false evidence and the unreliability of the facts given in the plaintiff’s application.

Challenging when your financial situation changes. Deterioration or improvement of the defendant’s financial situation is grounds for filing a claim to change the amount of payments.

The claim must be accompanied by a certificate of income and other possible documents confirming changes in the financial situation of the payer. An increase in income means the defendant is able to transfer more funds to support children, which will have a positive impact on their quality of life.

Reasons for objection

However, if the second party does not agree with this and believes that the decision was made within the framework of the law, it, in turn, has the right to file an objection to the appeal under Art.

Appeal and objection to it When the court makes a decision on alimony, the defendant can challenge it.

He has a full-time job, and by law, child support must be withheld as a share of his income. Or that the amount of alimony is unreasonably high, he is not able to pay such an amount, it significantly exceeds the needs of the child, etc.

Objections to the appeal

The court's decision in the case is made in favor of one of the parties to the dispute. Persons participating in the case who are not satisfied with the court's decision can appeal it on appeal. When receiving an appeal from the court, you can react with silence, you can file your own appeal, or you can write objections to the complaint.

Objections are filed if the court decision completely suits the applicant, and the other party in the appeal brings arguments that completely contradict the circumstances established during the proceedings.

Drawing up and filing objections to the appeal

Objections are drawn up after the court has accepted the appeal against the court decision. In this case, the appeal is sent to the participants in the civil case. They are invited to submit their objections within the deadline set by the court.

Objections to the appeal should be addressed to the appellate authority, the name of which is indicated in the header. There you must also indicate the details of the person submitting your objections (full name and address).

Be sure to indicate the name of the document: Objections to the appeal.

In the text of the objections, describe your position, indicate the reasons why you do not agree with the appeal. Sign the objections and date them.

Objections are submitted to the court that considered the case at first instance; documents confirming the existing objections can be attached to the objections. Objections are submitted with copies according to the number of participants in the case. The state fee when filing objections is not paid.

The deadline for filing objections to an appeal in a civil case is determined by Article 325 of the Code of Civil Procedure of the Russian Federation and paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by courts of the norms of civil procedural legislation governing proceedings in the court of appeal.” Deadline for filing objections to the appeal

According to this norm and clarifications of the highest court, the deadline for filing objections is set by the court of 1st instance. Persons participating in the case are informed about the deadlines in a notice, which is sent as a covering letter to the appeal.

The period for filing objections must be reasonable, which means taking into account the time required to send and deliver postal correspondence, the territorial distance from the court of residence or location of the persons participating in the case, the volume of the appeal, presentation, complexity of the case and other significant circumstances.

It should be noted that the deadline for filing objections to an appeal is not preemptive. This means that objections filed outside the deadlines established by the court will still be accepted by the court.

However, since the court is obliged to familiarize other participants in the civil case with the received objections, late filing of objections may lead to a delay in the consideration of the case or to the postponement of the court hearing.

In fact, objections to the appeal can also be submitted to the court hearing of the appellate instance.

Sample objections to an appeal

In ____________________ (name of court)

From: ___________________ (full name, address)

Objections to the appeal

"___"_________ ____ G.

a decision was made by ____________ (name of the court) in a civil case on the claim of _________ (full name of the plaintiff) against _________ (full name of the defendant) about _________ (indicate the essence of the claims). Court decision ____________ (indicate whether the claims were satisfied or the claim was denied).

"___"_________ ____ G.

from _________ (full name of the person who filed the appeal against the decision) an appeal against the decision was received, which stated _________ (indicate what requirements were stated in the appeal against the decision of the court of first instance). I object to the arguments of the appeal _________ (indicate why the arguments of the complaint are not substantiated, what circumstances were stated incorrectly by the person who filed the complaint, what laws are interpreted incorrectly).

The court's conclusions are based on an objective and direct examination of all the evidence available in the case. All circumstances of legal significance during the consideration of the case were correctly established by the court.

The decision gave a proper assessment of the evidence presented; the court did not violate the requirements of Articles 59, 60, 67 of the Civil Procedure Code when resolving the case.

The arguments cited in support of the appeal were the subject of verification in the court of first instance, and the court did not reasonably agree with them, as indicated in the court decision. I believe that there are no grounds for satisfying the appeal or canceling the court decision.

Based on the above, guided by Articles 325, 330 of the Civil Procedure Code of the Russian Federation,

Ask:

1. Leave the court decision dated “___”_________ ____ in the case unchanged, and the appeal is not satisfied.