The ex-husband filed a claim for a reduction in maintenance, what to do?

It's a shame when life plans break down, people start a family, give birth to children, plan a happy living together, but something went wrong, and the marriage fell apart.

We have already explained the possibility for one of the parties to reduce the amount of maintenance, but there are also reverse situations where the demand for such a reduction is illegal, unreasonable and violates the rights of the second spouse or child, how to challenge the reduction of maintenance under Ukrainian law and will deal with this material.

Could the reduction of maintenance be challenged?

The provisions of the Family Code (SC) and the Code of Civil Procedure (CCP) provide grounds for challenging claims for the reduction of maintenance. The application of the articles depends on the stage and type of dispute and may occur:

1. During the trialIf the alimony payer has filed a claim and claims a reduction in the amount of the payment, the second parent/former spouse has the opportunity to bring his/her counter-arguments before the court by proving that the claim is not valid (under § 4, section III, paragraph 2, of the Civil Code, as well as other provisions of the Code, in particular article 45 of the Civil Code, which establishes children ' s rights to trial).
2. At the end of the trialIf the judgement is not satisfactory to the defendant (recipient of maintenance), he or she is entitled, in accordance with section V, paragraphs 1 and 2, of the Code of Criminal Procedure, to appeal/appellate action before a court of law.
3. Anytime.The rules of article 192 of the UK state that each party is entitled to claim a change in the amount of the payments if the circumstances have changed (financial situation, state of health, etc.).

In accordance with these three ways, we will consider how to challenge the reduction of maintenance.

What if the ex-husband filed a claim for a reduction in payments, and how can this be prevented?

Each individual case has its own characteristics on which the process will depend to a large extent. We will look at basic, typical examples, but we need to understand that there may be nuances in particular productions that will lead to significant changes. In some cases, different methods are combined.

Option 1: Objection to a statement of claim during the process

In terms of the description (but not in terms of the complexity of the proceedings), this is one of the simplest ways. Section III of the PCA establishes the rules for the conduct of the proceedings.

The same rules, however, establish the possibility for the defendant to raise an objection to a claim for a reduction in maintenance, for which it is necessary to collect and provide evidence that the claims are false or incomplete, and if the court finds them to be well-off, it may refuse the claim.

The integrity of the process is guaranteed by article 12 of the Code of Criminal Procedure.- Yes, sir. - Yes, sir. - Yes, sir.It is, however, the most convenient, expeditious and cost-effective method.

From a procedural point of view, the defendant may prove before the court the insolvency of the claim (art. 12 of the Civil Code), but may file andCounter-claim(art. 193 of the Code of Criminal Procedure), the joint action is heard in the same proceedings, and the decision on both applications will be general.

Situation: ex-wives of Vasily and Oksana, who, according to an earlier decision, pay the ex-wife alimony for their joint child at a rate of Hrv 1,000 per month.

Six months later, Vasilia was fired from his job, and he had to take another job, with less income, and filed a claim to reduce the payment to 400 hryvnias.

However, Oxana learned that the ex-husband had another source of income that he had not indicated when filing a claim.

Decision: Vasilia ' s attempt to hide the additional income and the fact of such income will be taken into account. If the health condition and other arguments (under arts. 182 and 192 of the UK) permit the payment to be made, the claim will be denied.

If Oksana decides to file a counter-claim and proves that the hidden income is many times higher than the original claim, the court may grant her claim and further raise the amount of maintenance.

Option 2: A challenge to the decision to reduce

In the simplified version, the substance of this method can be worded as follows:The decision has been taken, but it does not agree with the defendant (recipient of maintenance), which he objects to.But the next thing we know is the legal intricacies we're gonna try to figure out, which we're gonna do better with a skilled lawyer, but we're gonna try to explain the basics.

First of all, there is a need to understand the difference between appeal and cassationBoth proceedings are open to claims of this type, but their application is limited by the circumstances:

Appeal (Chap. 1 of Section V of the PCA) Cassacia (Chap. 2 of Section V of the PCA)

The decision of the court of first instance, within the district in which the court decided, may be appealed to the Supreme Court of Ukraine (art. 351).	In cases of this type, the Court of Cassation is only the Supreme Court of Ukraine (art. 388).
Provides for a full or partial review of the decision, with the possibility of presenting new arguments (art. 352).	Provides for a review of the legality of the decision, without consideration of additional (new) arguments (article 389 (2) of the Civil Code).
The meeting shall be held in the presence of the parties/their representatives, as the substance of the case is reviewed (article 368 of the PCO).	The hearing may be held without the presence of the parties/their representatives, since the legality of the decision of the court of previous instance is considered, not the substance of the case (art. 401, 402).

In other words, if the defendant disagrees with the decision of the court and believes that he has new evidence to prove his right, he is filingAppealIf the appeal case is lost and one of the parties is convinced that the court decision is contrary to the law –Cashation.

The step-by-step process looks like this:

Step 1: Compiling a complaint for reduction of maintenance

Both options provide for an application to be filed before the date of the application.30 days from the date of receipt of the judgement(arts. 354 and 390 of the Code of Criminal Procedure).

• On appeal, among other things, the nature of the non-substantiation of the decision and the failure to consider certain circumstances (art. 356, para. 2, para. 2) as well as new circumstances (art. 356, para. 2, para.
• In a statement to the cashier's office.It is stated that the decision of the court of the previous instance is unlawful (article 392, paragraph 2, of the Civil Code).

Otherwise, the statements contain similar data (arts. 356 and 392 of the PCA):

1. Name of authority to which the application is submitted.
2. Full data on parties to the process, including information on children (passports, certificates, F. I. O., dates and places of birth, locations, contacts, tax identifiers, etc.).
3. The decisions that are being appealed, the name of the authority that issued them and the date on which the full decision was received.
4. List of evidence and case-related arguments.
5. Signature of the parties.

The application is accompanied by copies of all the evidence and, in the case of representation, by a power of attorney.

Step 2: Submission of an appeal (cassation)

The application is submitted in writing directly to the courts dealing with cases (arts. 355, 388 and 391).

It'smust be registered on the date of submission and, until the following day, handed over to the judge-Rapporteur(arts. 357 and 393) of the Code of Criminal Procedure.

If the documents are accepted, the appeal or cassation proceedings are opened and a determination/sentence is made.

Step 3: Consideration of a claim for reduced maintenance

Cases shall commence at the time of determination/decision, which shall, inter alia, set a time limit for possible cases.withdrawal.

The withdrawal (art. 178 of the PCA) is a justified requirement of one party not to take into account arguments, evidence, evidence of the other party, and a written withdrawal is made in accordance with article 360 of the PCA (for appeal) or article 395 of the PCA (for cassation).

The appeal shall be conducted in the presence of the parties and/or their representatives, without them, but in accordance with article 402, paragraph 2, paragraph 1, of the Civil Code, the parties may be summoned to the court to give explanations.

The decision shall be presented to the parties in accordance with article 272 of the GPC, as well as articles 386 and 421 of the GPC.A review of the Court of Appeal ' s decision is possible at the Court of Cassation.. Review of the cash register only for newly discovered and exceptional circumstances (article 423 of the Code of Criminal Procedure).

Option 3: To file a new claim for change of size

One of the spouses may at any time file a claim for change in the amount of maintenance if new circumstances arise.

This is also the case with the previous challenge to the amount of the payments, and in fact a new process is being initiated that will result in a new decision, the basis of which is article 192 of the Family Code.

The sequence of actions is similar to all civil, property disputes, with only a few nuances:

1. Statement and evidenceThe claim must be accompanied by all the evidence in the case.
2. DeliveryThe court of first instance in the defendant ' s place of residence (art. 27 of the Civil Code) will hear the case, but in maintenance cases the plaintiff ' s place of residence may also be served (art. 28 of the Civil Code).
3. ConsiderationThe Court shall consider the arguments under article 182 of the UK, taking into account the financial situation, the state of health of the parties, as well as their property, other children and obligations.
4. DecisionThe outcome of the proceedings is a court decision establishing the amount of maintenance, which may be challenged under article 17 of the Civil Code (see appeal and cassation).

The court fee, which is set by the Judicial Collection Act, remains to be mentioned, in many cases depending on the nature of the case:

1. In cases involving children ' s rights, the court may waive the fee (under art. 3, para. 14, para. 2, of the Court ' s Collection Act).
2. The new claim may be characterized as a property dispute and a fee of 1 per cent of the claim has been imposed, and the fee may not be less than 40 per cent and more than 500 per cent of the subsistence minimum (greatness for a capable person), based on article 4, paragraph 1, paragraph 2, of the Act.
3. The cost of appeals is defined in article 4, paragraph 1.6, paragraph 2, and amounts to 150 per cent of the fee paid for the review process.
4. The case will cost 200 per cent of the value of the original case (art. 4, para. 1.7).

Conclusion

It is possible to dispute the decision to reduce maintenance; moreover, it is necessary in many cases for the normal and harmonious development of children left behind by marriage; of course, any dispute is less costly to resolve voluntarily, but if no agreement can be reached, it will have to be decided by a court of law.

How can we challenge the reduction in maintenance?

The legislation of the Russian Federation allows citizens to reduce the amount of maintenance; ex-husbands often take advantage of this opportunity to evade their duties in any way, in which case the wife should know how to challenge this conclusion.

After reading the current article, you will find out how to appeal against the reduction of maintenance and how long it is possible to challenge a court order.

Grounds

Under the Russian Family Code, a former husband is entitled to apply to a court for a reduction of maintenance on the following grounds:

• The payer has relatives who are entitled to alimony, which can be: elderly parents, children from another marriage, brothers, sisters, grandparents; if the former husband has a child from another woman who requires maintenance, the amount of the support must be equal; in addition, he must have the means of living; the frequent event when a citizen asks his elderly parents to file a lawsuit with the court in order to obtain a reduction in the amount of maintenance payments;
• The former husband ' s income has declined: if the father has become unemployed or his salary has been reduced, he is entitled to demand a reduction in maintenance;
• The level of income of the payer has increased considerably; maintenance payments are the money provided by the citizen to provide for the child ' s needs; if the father ' s earnings have increased and the amount of maintenance is 25 per cent of the citizen ' s official income, he is entitled to claim a reduction in the amount paid;
• Emancipation: The meaning of this concept is explained by the Criminal Code of the Russian Federation, where a minor child is engaged in business or in marriage (drills here: );
• A minor child in government care, when studying and living in a special institution;
• The payer is seriously ill, and he needs to be provided with documentation to prove it.

Only in the above-mentioned cases is the ex-husband entitled to file an application with the court for a reduction in maintenance payments; documentary evidence is required in each case.

Some ex-husbands who wish to reduce the amount of alimony refer to the following grounds:

• Its children receive State benefits;
• The child owns expensive real estate;
• The wife has a high salary, by which she provides all the necessary for their common minor child.

It is not possible to reduce maintenance payments on the basis of these conditions.

How do I challenge it?

If the ex-husband filed a lawsuit, the wife has two options to challenge the claim:

• To issue and raise an objection to the payer ' s application;
• To challenge the decision of a judicial institution before a higher authority.

These options follow each other. To begin with, the beneficiary sends an objection; if the result is negative, it can be challenged in a higher court.

Through the court

In order to challenge the reduction of maintenance payments, a claim must be filed with the court; an appeal against an order which has not yet entered into force may be made by means of an appeal, which must be filed no later than 30 days.

In the event that an appeal has been rejected by the Court of Appeal, an appeal may be lodged with the Court of Cassation; the appeal to the Supreme Court shall be made within six months of the entry into force of the decision on the reduction of maintenance payments.

When filing a complaint, the following information shall be provided:

• Name and address of vessel;
• Personal and contact details of the parties to the disputed situation;
• The main part of the application indicates the amount of maintenance and the grounds on which the previous court reduced it;
• The reasons why the citizen considers the reduction of maintenance to be inappropriate;
• Claims: The applicant has the right to demand a change or a full challenge.

In addition to the application, documents are provided to prove the plaintiff ' s words.

Time frame

The court ' s decision to reduce child support can be challenged in two ways.

The time limit within which a citizen may file a complaint with a judicial institution in order to challenge the decision:

• Appeals: 30 days;
• The countdown shall begin at the time of the entry into force of the court decision.

A person who wishes to challenge a court decision to reduce maintenance needs to be prepared for a complex trial. To obtain the desired outcome, it is advisable to consult with legal professionals. This can be done on our website. To do so, the application should be retained.

The ex-husband filed a claim for a reduction in maintenance, what to do.

Statistics show that almost half of all marriages in the country end in divorce, and it often happens that underage children remain on one side, resulting in a second party paying alimony for their children, both voluntarily and forcibly through the courts.

Lawyers recommend that maintenance issues be resolved as soon as a divorce occurs, because in time other families are born, children are born again and money is not given in full in the old marriage, and even more often the ex-husband is suing for a reduction in maintenance.

What do mothers do in this case?

In order to reduce the amount of maintenance payments, the husband would have to apply to the court, if that amount had, of course, been fixed by the court and not by agreement of the parties.

Although there are situations where even the agreed amounts are better challenged in court.

Otherwise, it may happen at one point that the beneficiary of the maintenance claim not to pay the full amount under the agreement and the court will have to retain the full amount that has not been paid in time.

Grounds for reduction of maintenance

Under article 119 of the Family Code, the maintenance worker has the full right to reduce the amount of his maintenance, but the law does not specify the situations in which the court may take the supportr ' s side and reduce the amount of his child support obligations.

The amount of maintenance may be reduced in the following circumstances:

• The payer ' s material position has deteriorated, while the other party ' s position has improved;
• The payer's family status is changing; for example, a wife has been born or his parents have gone to him; a new family may have a child who cannot be separated;
• The maintenance payer became ill and had a disability that prevented him from finding employment and earning permanent earnings.

Also, the Decision of the Plenum of the Supreme Court of the Russian Federation of 26 December 2017 N 56, paragraph 20, sets out the conditions for changing the fixed shares of all types of earnings provided for in article 81 of the Russian Federation.

• Other maintenance obligations for both minor children and children with disabilities and other persons who have reached the age of 18 (wives in a decree, disabled spouses, elderly parents, etc.);
• Low income of the person liable to pay maintenance for the children;
• Problems with payer ' s health, including disability due to illness or old age;
• The severe illness of a dependent child requires additional expenses for treatment.

This is an indicative list of circumstances that may lead to a reduction in the amount of maintenance, especially the fact that they are situational, that is, non-binding; the court has the right, but is not obliged to reduce the amount of maintenance paid in the husband ' s suit.

Which could not affect the reduction of payments

• Most of the men ' s claims that do not wish to pay adequate alimony for their children are based only on speculation and free interpretation of the law.
• The main error is the certainty that the law and the review of practice indicate the circumstances binding on the courts that lead to a reduction in maintenance.
• However, without other reasons, none of the conditions described above automatically reduces the maintenance of the claim.

Example: Petrov K.'s alimony payer applied to the recipient for the child, the former wife of Petrova S., indicating that her income had increased many times over the past six months, which he believed was a reason to reduce the amount of maintenance.

The court found that the child's mother's income had indeed increased by an average of 2.5 times, but that the payer's income had increased by about 50 per cent.

In short, the reduction of alimony payments cannot be affected by:

• Changes in one parent ' s income;
• Changes in family status;
• Additional dependants, etc.

Each circumstance is assessed in an integrated manner, addressing its causes and facts.

For example, if there is another child – the means to support it must be severely lacking, if the financial position of the alimony payer allows both the child to be supported and the newly born – there will be no reduction in the payment.

Could the ex-husband claim a reduction in maintenance?

It is often the case that men who support virtually everyone say that they are greedy and that they do not help children at all, but it is worth considering a different situation, such as the cause of such behavior.

For example, the ex-wife successfully remarried and became a well-off man, and the husband had a different situation at that point, and had also been reduced at work. How could a man do such a thing? First of all, demand a possible reduction in maintenance under the law.

But he needs to be prepared to have the court thoroughly examine all his arguments in the case, and the child ' s mother is advised to consult a lawyer before defending her interests in court.

How can a husband justify a reduction in maintenance?

It is imperative that a supporting list of documents be provided for the evidence in court.

These include:

• A certificate from the Employment Centre that the payer is not working, and you can also copy a page from the workbook about dismissal from the last job.
• A birth certificate if the new family has children;
• Medical records if the situation may be related to a disease.
• Evidence of mortgage payments.

All those documents could be provided by the husband as necessary and in different cases, and the material situation would be of great importance, and it was therefore worth considering all the points of receipt of maintenance and its payment by the ex-spouse.

Remember that if the husband is properly given to the court and proved, he can easily expect a reduction in the amount of maintenance.
How to challenge the ex-husband ' s claim for reduction of maintenance

However, even though the father of the child has the true reason for such a demand, the mother is not deprived of the right to object and to present counter-arguments.

Mode of action

The mother has two options to challenge her ex-husband's claim:

1. To prepare an objection, which shall be submitted to the court, listing the arguments against the reduction of maintenance;
2. Orally substantiate its position in court during the hearing of the case;
3. Merge these two ways: to send a written objection and to comment orally on their position.

Any of these methods are valid if the child ' s mother has the truth, and the written version looks more solid, and judges are still more sensitive to papers than to words.

Objection to an action for reduction of maintenance

There is no requirement for the drafting of an objection in the law; it is better to draw on the general information required for statements of claim, subject to the specifics of the objection.

In particular, the mother of the child should indicate:

• Name of court, case number;
• FIO of the parties and addresses;
• The circumstances of the claim: when and where the claim is filed; what are the claims; what are the reasons;
• The mother ' s position on the ex-husband ' s claim: why does not agree on what is justified;
• Evidence supporting the arguments against the claim;
• Information on the material situation of themselves and the child;
• Reference to legislation, practice (recommended);
• The claim for dismissal or partial satisfaction;
• Date, signature.

The child ' s mother may partially recognize the former spouse ' s demand for a reduction in the amount of money.

Example: The plaintiff Sergei N. filed a lawsuit against Maria N. ' s ex-wife, demanding that the alimony be reduced from 15,000 roubles to 7,500 roubles, stating that he currently suffers from a serious chronic illness which has resulted in a loss of capacity to work, and that his income has fallen considerably, and he cannot pay this amount of alimony.

The child ' s mother admitted the claim in part, but noted that Sergei N. had established a category 2 disability and was receiving a corresponding pension, which did not prevent him from paying alimony of 10,000 roubles.

The court granted the claim in part, reducing the alimony to 10,000, rather than 7,500.

Model objection

It is highly desirable that a qualified lawyer be assigned the task of formulating an objection; the specialist will analyse all available information and prepare a documentary document.

But if you want to try your own strength, you can use a model of an objection to a lower maintenance claim.

The document is compiled by number of parties, all copies are brought to court or sent by mail to the court.

Documents

All relevant documents are attached to the objection.

Anything mentioned in the objection as counter-substantiation must be substantiated by the attached evidence.

These may be:

• Income certificates, compensatory payments;
• Expenditure information (copies of receipts for the purchase of drugs for the child, etc.)
• Medical documents confirming the need for treatment.

Originas of documents are better brought to court, and copies can be added to the objection.

Expenditure

There shall be no objection to the reduction of the maintenance fee, nor shall the defendant be obliged to compensate the amount paid by the claimant, since he is not a person liable for exemption from the costs.

Additional costs may be incurred for the services of a lawyer, who will be charged with preparing the text of an objection to a reduction of maintenance claim.

Judicial practice

The case law on the reduction of maintenance claims was very mixed, and the courts were primarily concerned with the interests of the child rather than the parents, so that a man who had hired telephones or a credit machine could hardly expect the court to sleep.

1. Thus, the Novgorod District Court of Novgorod province is denied a claim for reduction of maintenance to the ex-husband because:

• The reduction in his financial support is due to his voluntary dismissal from permanent employment, and he has not registered as unemployed with the CNR;
• The loans paid to them are not related to the family or to the child; they are extensions for the purchase of expensive computer and household equipment;
• The plaintiff owns two apartments, two non-residential premises, any of which can be transferred to cover maintenance debts.

The court dismissed the lawsuit completely.

The Voroshilovsk District Court of Volgograd, on the other hand, granted the child ' s father ' s claim, in which the plaintiff requested a reduction in the amount of maintenance, stating that he and his family (the wife and the child of the second marriage) had been involved in an accident in the previous year.

As a result of the accident, he and his spouse were found to be disabled in two groups each, unable to work, disabled in three groups and required periodic treatment.

In the circumstances, it is not in a position to discharge its obligations to pay maintenance in full.

Other examples of practice can be found in the database of decisions of all Russian courts, all of which are individual, so you should contact a lawyer to assess your chances of avoiding a reduction in maintenance.

We need a lawyer.

Do you have any questions as to how to challenge a claim for reduction of maintenance? The husband filed a claim for reduction of maintenance and what to do -- you don't know? Ask our lawyers right now, because it's quick, free and professional!

The ex-husband applied for a reduction in maintenance – how to prepare objections?

The division of property, the determination of children's residence, alimony – always wants all these issues to be resolved in divorce without additional and unnecessary stress, but this is not always the case.

Moreover, there are situations in which, some time after the trial, one of the parties (usually the father) is trying to change existing arrangements, such as lowering the amount of maintenance due to the child.

In accordance with the law, the court ' s decisions, which have entered into force, need to be amended on good grounds; therefore, if the ex-husband has applied for a reduction in maintenance, he is obliged to prove that this step is necessary.

1. The payer is forced by a court order to pay alimony to other relatives, and in this situation there is room for manipulation when a father who does not want to support his child asks his parents for alimony.
2. A significant reduction in payer ' s wages, one source of income has disappeared (e.g., shares on which dividends have been paid) or he becomes unemployed.
3. The payer ' s income is too high: the parent must provide the child with maintenance (but not the ex-wife and her relatives). If 25 per cent of the real amount is too high, the percentage may be reduced or fixed in a firm monetary amount.
4. Emancipation: The parent is not obliged to maintain a fully independent child, i.e., with a dwelling, a job (own business) and a married person.
5. The birth of a second (third) child by another woman (wife).
6. A serious payer ' s illness that has caused group I or II disability if it itself requires additional financial assistance.
7. A parent who pays for the maintenance of a child only during a vacation may require a reduction of maintenance.

Whatever grounds the ex-husband claims to reduce maintenance, he will have to prove everything in court.

However, neither the child ' s income in the form of any benefit awarded by the State nor an increase in the salary of the ex-wife, nor the resulting credit obligations, can be considered as an excuse for reducing the maintenance of the minor; the claimant ' s maintenance debts are also insufficient grounds for filing a claim.

In the event of disagreement with the reasons given by the father of the child, the former spouse may communicate his or her opinion to the court in the form of:

1. Refusal to action is made in the absence of procedural irregularities and serious objections; indeed, withdrawal is simply an expression of disagreement.
2. Objections to the claim are filed in the face of procedural irregularities and evidence that the claimant's financial situation has not deteriorated significantly and the child will lack the means to maintain and develop.
3. A meetable claim is brought in a case already initiated, and it must coincide with the original claim.

In the event of a court refusal, the spouse would have the opportunity to challenge the decision of the justice of the peace before a higher court of appeal or cassation.

In most cases, the reason for the reduction of maintenance payments is the birth of a second child (third, etc.) to the plaintiff and the need to maintain it as well.

If 25 per cent of the first minor was paid at the time, the same amount must be paid to the second (children are equal in their rights), but the father is obliged to allocate only 33 per cent for the maintenance of two children, so that 16.5 per cent of each child must be paid.

119 of the Family Code, as well as the jurisprudence of the Supreme Court, indicate that the birth of a second and subsequent child is not the reason for the automatic reduction of the level of maintenance for the former.

An objection to a claim may be made either orally or in writing (to make better use of both options). This document is prepared in an arbitrary form, but with all the necessary details of the parties, copies must be made available to all parties to the process.

• The full name of the court to which the objection has been lodged;
• The plaintiff ' s and defendant ' s details in the case;
• The information (number) in the civil case to which the objection is made;
• The defendant ' s opinion on the plaintiff ' s application: agrees, in part, with the request to refuse the action;
• A well-founded position of the objecting defendant;
• If the child ' s mother has been brought before a court only as a third party, the objection may include a request for a change of status for the application of a separate claim.

If, for any reason, the mother of the child is unable (or unwilling to) represent the interests of her minor herself, the objection may be sent by post with notification.

In order to resolve the dispute over the maintenance of a minor by an ex-husband, one may not only object, but also make its own demands.

• If the child is ill and in need of treatment, i.e. a sanatorium, a claim for partial payment (with the treatment already performed - compensation) of the necessary funds can be made;
• 50 per cent for public services paid for the child;
• to pay 50% of the child ' s share of living in a rental dwelling;
• If necessary, pay additional expenses for education, medical equipment, rehabilitation, etc.;
• When it is established that the ex-husband has earned an additional wage.

The law does not permit the filing of counter-claims in support cases.

Therefore, it will be procedurally necessary to go through the court to hear the ex-husband ' s application and the wife ' s objections, and then to make independent claims in separate proceedings, most of which include a request for various compensations in hard monetary terms.

The main part of the claim describes the history of the relationship: when the marriage was dissolved, when and in what amount the alimony was recovered, on which basis the defendant reduced the amount of the payments and which is the basis for the award of new compensation.

If the Court of Justice has not accepted the objection of the mother of the minor child and the claim for reduction of maintenance has been granted, it may be challenged in the District Court within 30 days of the entry into force of the law by filing an appeal.

1. Nuances that were not sufficiently addressed in the previous trial.
2. From a legal point of view, the decision of the original instance may not be lawful.

The District Court judge will appoint a new trial with mandatory summons from the parties and in the future either quash the Justice of the Peace or leave it unchanged; if the decision remains the same, it will be possible to appeal to the Supreme Court further.

Proceedings in which the former spouse has, for any reason, applied for a reduction in maintenance payments are the most complex cases in judicial practice.

If these reasons are real and the father is not really able to pay his child the original maintenance penalties, such as disability or loss of earnings, then in almost 90 per cent of cases his claim will be granted.

But if there is a simple reluctance to support a child from an ex-wife, then there is a point in fighting for the interests of the minor with the available judicial leverage.

The decision of the Plenum of the Supreme Court (P.14, 25.10.96) made it clear that the birth of a second child in a subsequent marriage by one of the parents was not a reason for the automatic reduction of the payment for an older minor.

It is necessary to consider the surrounding circumstances: how much has changed the father ' s financial situation, how much will change the child ' s situation, whether there are additional costs for education and/or treatment, and whether the mother is able to carry out these costs on her own.

In many cases, the most difficult aspect of the proceedings is the ability to prove that the plaintiff (father) has additional income, and his material situation is not as deplorable as he is trying to imagine.

It is here that the plaintiff will have to prove the change in his financial circumstances, i.e. the lack of previous income.

In fact, the reduction of maintenance is a right, but it is not a duty of the court; thus, virtually identical claims are made in different regions of the country.

If the complaint was rejected for the first time, it would be more difficult and more difficult to convince the judge of the second (third, fourth) instance, and another point: if a cassation appeal had been filed at some stage and it had been dismissed, it would be pointless to proceed with the proceedings, all the claims filed would be returned on grounds of breach of the rules of jurisdiction.

Situations where ex-husbands don't want to support their children aren't uncommon, and it doesn't make sense to talk about the moral side of the issue here.

Therefore, if a report of a subpoena is found in the mailbox, it is necessary to have a thorough look at the demands made, the objections made and the interests of your child, armed with legal knowledge.

What if the ex-husband sued for a reduction in maintenance?

Reducing alimony payments is one of the legal facts that displeases the recipients of maintenance and serves as a joyous news for their payers, and today we will talk about what to do if the ex-husband sues for a reduction in maintenance.

The main legislative acts governing the creation, modification and termination of maintenance relations are:

• The Family Code of the Russian Federation is a basic codified source, establishing the amount of payments, the number of persons involved in the process, the nuances of the penalty, etc.
• FL of 02.10.2007 No. 229-FZ "On Enforcement Proceedings", approving the rules on commencement of proceedings, limits on the amount to be retained, and the manner in which the bailiff exercises his functions.
• The Civil Code, which contains rules on property law, and the Code of Civil Procedure of the Russian Federation, which coordinate organizational matters concerning the jurisdiction and competence of the courts.
• Judicial precedents.

What could be the basis for a positive decision on the reduction of maintenance?

1. The paymenter has other minor children, as well as persons who have the right under the law to recover maintenance for their maintenance, and such citizens are recognized by the UK as disabled parents, grandparents, grandchildren, brothers and sisters, de facto caregivers, stepmothers and stepfathers.
2. The decline in material income, which proves that it is impossible to pay the amount previously ordered.
3. The debtor ' s high income, which, in his view, even 25 per cent of the ratio was too high, exceeded the child ' s necessary level of security.
4. Emancipation of a minor due to formal marriage or employment from which the minor has his own income.
5. The child is kept entirely at the expense of the State, and the purchase of items for personal needs is only necessary during canicular breaks.
6. Disability of the payer, confirmed by medical documents assigned to a group of 1 or 2 diseases.

What arguments in court cannot claim a reduction in maintenance payments?

1. The child receives regular pension benefits and (or) social benefits.
2. The child is the owner of the property.
3. A mother raising a child receives a high salary and (or) has other income that ensures a good material level;

In the event of disagreement, the payer may file a claim with the court, specifying the reasons for the failure to pay the sums of money for the maintenance of the minor (-they) previously transferred.

Russian procedural legislation provides for the filing of written objections to claims considered by the recipient to be unlawful and prejudicial to the interests of the child (children).

If the defendant has been notified of the commencement of the trial, a counter-claim with objections may be filed at the point of resolution of the questions raised by the plaintiff before the court; within one month of the court ' s non-enforceable decision, the recipient has the right to appeal.

If the decision of the second instance court is negative, you can try your luck at the cassation stage, and the appeal must be lodged no later than six months after the judgement of the justice of the peace has entered into force.

In order to effectively challenge the ex-husband ' s claims in appeals and cassation, it is necessary to state:

• Name of the judicial authority in which the dispute will be considered (this determines the type of complaint);
• Address of the location of the authority;
• Information on persons involved in their place of residence, contact number, place of work; if no information is available, only the name, first name and patronymic shall be indicated;
• The precise circumstances as to the date, amount of payments and the judicial authority that ordered the recovery of maintenance, as well as the facts that led to the reduction of the amount;
• Arguments in respect of which the former spouse considers the court ' s decision to be unfair;
• A well-founded request for a new decision in the case.

Remember that not achieving the desired goal is no reason to stop. Failure to satisfy the requirements at first instance does not indicate a loss in subsequent courts.

The most important is a firm argument for the opponent ' s arguments and the ability to be guided by the law of modern law, as well as a knowledge of jurisprudence on the application of the rules governing maintenance obligations.

If you have any questions about maintenance, our on-call online lawyer is willing to consult you free of charge.