How to reduce maintenance debt — how to reduce debt: statement of claim, case law

Problems with the payment of family support may arise even from bona fide payers; no one is immune from difficult life situations; a debtor who has been a victim of circumstances can resolve the matter on the basis of the law.

How to reduce legal maintenance arrears?

If maintenance arrears have already been incurred, the legislature provides for the possibility of adjusting the amount of the debt, which is governed by article 114 of the Family Code.

• By agreement between the recipient and the alimonyer;
• In court.

Consider the voluntary adjustment of the debt. This is not difficult in a situation where the payer and the recipient are in a good relationship. For this purpose, the person who collected the alimony must agree to the reduction or cancellation of the debt over the past period.

1. The parties should agree to reduce or cancel all arrears.
2. This decision is required in the form of an agreement.
3. The document needs to be notarized.
4. An agreement should be provided in the MTSP.

Thus, the reduction of maintenance arrears is a fairly simple procedure.

The exception is the arrears of maintenance payments for a child under the age of 18; if money is recovered for a disabled child who has reached the age of majority, it is possible to resolve the matter voluntarily.

Trial

Judicial settlement of debt relief is possible in cases where:

1. The payer and the Seeker can't come to an agreement.
2. Money shall be withheld from the parent for the maintenance of the minor child.

The legislator provides for the reduction of maintenance debts over a period of time if the accumulation of the debt occurs when the debtor:

1. He was unable to work.
2. He was serving his sentence in juvie.
3. He was in a war zone.
4. I lost my job.
5. His family member was seriously ill.
6. Could not make payments for other valid reasons.
7. The debtor is the pensioner.

An important condition is the inability to pay the debt due to family and/or material circumstances; for example, the reduction of income, the existence of one or more persons for the purpose of dependence, the payment of credit, and the birth of a second child.

It doesn't matter how long it's been since the debt was paid, the key is that it can't be repaid.

In order to do so, he must file a claim of jurisdiction with a justice of the peace, district or city court, which has handed down a previous decision.

An example: After the dissolution of the marriage, Marina collected alimony from Oleg ' s wife for the joint son of Elijah, and at work, the father suffered an injury that caused temporary incapacity for work for three months; at the end of the sick leave, Oleg did not undergo a medical examination, which led to his dismissal.

As a consequence, they received a disability, and Marina refused to withdraw the application form, and the husband applied to the court for relief from the debt of the previous year, and Oleg submitted documents proving a difficult life situation, and the court decided to grant the plaintiff ' s claims.

How to Reduce Maintenance Debt: A step-by-step instruction

Every legal issue should not be reckless.There is a need to set priorities and draw up a plan; as practice shows, there is no right to error in such a situation; the fee for rashness can be administrative or criminal responsibility imposed on a hard-core non-payer. In order to reduce the amount of the debt, the following actions must be taken:

1. To consult a lawyer.
2. Collect documentation to confirm the reasons for the debt.
3. Write a statement.
4. Get information on the amount of debt accumulated from bailiffs.
5. Send the prepared information to the court.

In legal matters, the assistance of a specialist is often required; a consultant will help to assess the chances of success, formulate claims, assist in the preparation of a claim; and an application should be based on documents confirming the difficult circumstances of the debtor ' s life.

In order to obtain information on the backlog, you must contact the bailiffs ' office, which has an executive record. You must submit an application to the head of the department, requesting that the debt be paid in full or over a period of time. The request will be considered within 30 days. The bailiff will reply after this period.

When all the necessary documents are collected, you have to file an application with the court. This can be done either by mail or by personal mail. The date of receipt of information will be the day of registration in case of face-to-face contact, the day of mail, the day of receipt of correspondence.

Preparation of documents for the claim

The application list depends on the individual case, but the main list is as follows:

1. Passport.
2. A copy of the debt document on which the retention is based.
3. Calculation of arrears.
4. Documents supporting the plaintiff ' s position.
5. It's a letter of payment from the government.

A document certifying the debtor ' s identity must be provided in the original and must be accompanied by a copy of the application. Maintenance is normally effected on the basis of an execution sheet or settlement agreement. A copy of the execution sheet may be taken from the bailiff. A copy of the voluntary agreement must be provided by the debtor.

The documents confirming the debtor ' s difficult material or family situation may be:

• Information from the hospital on intervention or inpatient treatment resulting in long-term incapacity to work;
• Information from the colony on the serving of the sentence;
• Documents confirming the degree of relationship with the dependent;
• A job book with a record of dismissal;
• Information on registration at the Employment Centre as an unemployed person;
• Other documents proving the plaintiff ' s position.

Not all information can be provided in documentary form; for example, the recipient ' s refusal to voluntarily resolve the matter can be proved by witnesses ' testimony; the list of persons must be recorded in the application.

Claims for cancellation of maintenance debt

In order to reduce the debt, it is necessary to draw up a valid application. The claim can be written on its own, and the document should be prepared in accordance with the requirements of the law:

1. In the upper right corner, the name of the territorial judicial authority to which the claim is brought must be indicated.
2. The debtor shall write below its own data (F.I.O., passport details, address of residence, telephone).
3. The defendant must indicate the recipient of the money (F.I.O., address of residence, telephone).
4. The title of the document is a claim for relief (exemption) from maintenance debts.
5. A detailed description of the situation is when, on the basis of which, how much money was recovered, the existence of debt, the causes, the amount, why it is impossible to pay the debt.
6. It must be pointed out that the debtor had taken steps to settle the matter peacefully, but the claimant had taken a negative decision.
7. Reference to legislation (article 114 of the SRF).
8. There is a need for clear claims – to reduce debts or to remove them completely.
9. Witness list.
10. List of attached information.
11. Date and signature.

The statement should include specific figures: period of assessment and amount of debt, amount of debt relief requested.

• In addition, such an application may include a request for a reduction in the amount of maintenance in the future.

Therefore, in the event of an emergency and the accumulation of even large arrears, the question is resolved, the key is to deal with the problem in a systematic manner and avoid making mistakes; first, efforts must be made towards a peaceful solution.

If voluntary settlement was not possible, it was necessary to make a statement, add all possible evidence, obtain the support of witnesses, and then apply to the courts with courage.

The payer must remember that if the amount of maintenance paid was too high, the court could ask for a reduction in the amount paid.

2023 case law on the reduction of maintenance

The reduction in the amount of maintenance in judicial practice is mixed and often takes a long time, because the court staff need to familiarize themselves with the case file, and they also need to analyse and assess the situation; only after this is the court ' s decision to reduce the amount of maintenance.

The satisfaction of the claim or the refusal is due to the fact that the interests of children who have not reached the age of 18 are considered to be priorities, and the court also takes into account the circumstances of the payer and the recipient of the maintenance payments, taking into account the conditions that led the citizen to file such a request with the court.

As can be seen from the above, the situation is quite complex and the review will focus on judicial practice in Russia in 2023.

For all related questions, you can contact the legal experts of the portal, which is free of charge for citizens of Russia.

Where do we begin to reduce alimony payments?

Of course, the popular question, "Is it possible to reduce maintenance and how to do so?" requires legal advice on family law, and it is recalled that the questions are answered in a free-of-charge format by specialists in our portal.

If, after legal aid, a decision is made to initiate a process of reduction of payments, it should be morally prepared to take a long time, and it is also necessary to collect the relevant documents and to have substantial grounds for making such a claim; note that the application should be legally correct; this may also be assisted by a specialist.

In addition, it is necessary to obtain a preliminary decision from the justice of the peace, for which purpose it is necessary to make a personal appointment and to justify it, and for which reason a claim for a reduction in maintenance is made, and the reasons are generally as follows:

• There is a real need to reduce material assistance to the child;
• In granting the claim, the child ' s rights should not be infringed;
• The reduction of payments should not affect the quality of life of minor children.

Only with firm reasons and a real change in the family and financial aspects of the payer ' s life can the court grant the application, otherwise the action will be dismissed or dismissed.

Persons entitled to treatment

In order to apply to a court for the recovery of maintenance debts, citizens must be:

• Biological or foster parents;
• The family responsible for the custody of the child;
• Representatives of the educational organization;
• Medical institution;
• The guardianship authorities.

In other words, any person or organization who is responsible for the upbringing and maintenance of disabled children up to the age of 18 years must apply to the courts for maintenance or debts in the applicant ' s place of residence; in the case of a dispute in which payments must be reduced, the action shall also be brought to the person ' s address.

As far as the claim for reduction of maintenance payments itself is concerned, it must be correct and correct from a legal point of view, and must contain the following information in addition to the requisitions:

• Contact information of the judicial authority;
• The substance of the request;
• The reasons for the application;
• The attached legal framework and facts;
• Explanations in contested payments;
• Data on the pre-trial method of dispute resolution (if any);
• List of documents.

In addition to the actual circumstances for which maintenance payments need to be reduced, there are also reasons for not reducing maintenance payments.

So the following area of justification cannot be satisfied. Consider it in detail:

• The fact that the recipient has increased his or her welfare cannot be invoked;
• The acquisition of movable and immovable property from the raising parent (provided it is not used as income);
• The child receives State support in the form of subsidies.

The justice of the peace will also calculate the new size of the dispute on the basis of factors such as:

• What is the percentage of deferred payments:
• Number of relatives of an incompetent nature;
• What percentage is allocated to all children in the applicant ' s care?

In a situation where alimony has been credited as a percentage of the payer ' s income, the reduction will be similar; the court may grant the claim in full or in part, but only in the event that the debts created and the grounds for their reduction are respected; these factors are:

• Severe illness;
• Financial situation;
• Having a disabled child in a second marriage and another.

In order for the court to consider the dispute over the reduction of maintenance and issue an order to that effect, it is necessary to draw up a statement of claim and submit it to the justice of the peace at the address of the beneficiary of the maintenance.

Trial practices in 2023

This section will highlight cases of jurisprudence that are most common.

The birth of a second and subsequent child in a second marriage

If the reason for the application is the birth of a child in a second marriage, this does not constitute a ground for the court to reduce maintenance for the first, and if no agreement has been reached, article 81 of the UK requires that children who are unable to bear the child to be paid monthly, as determined by the judge, namely:

• In the case of the first child, the payment is equal to one quarter of the income;
• For two children, a minimum of 1/3 shares must be given;
• and if three or more children are born, half of the wages are paid.

These payments may increase or decrease depending on the judge ' s decision. In order to resolve the matter in your favour, specific reasons must be given. Which ones? We have listed in the preceding sections.

The recipient of the maintenance filed an objection to the claim for a reduction in the amount of maintenance

In addition to the questions relating to the writing of the application, the justification and the place of filing, citizens also have the question of rebuttal of the claim.

Any party is thus entitled to challenge the claim if it violates the rights of the child by law and the recipient disagrees with the reasons for the reduction, in which case the court often rejects the application from the payer.

Therefore, all arguments in the claim must be factually justified and supported by a documentary basis with references to the rules and the legal element.

Reduce child support payments from different marital unions

The payer has other obligations relating to maintenance payments and, when the amount of maintenance is added, they exceed the maximum set by Russian law. For example, the mother is the contributor to the child ' s first marriage. The amount of the payments is 1/2 per cent of the income.

If she has a child in her second marriage, and she has to pay alimony again, then together, these payments exceed 33%, then you can apply for a reduction in alimony payments.

In this case, however, two identical claims must be filed, which meant that the reduction in maintenance was equivalent to each obligation.

Debt relief on maintenance

Maintenance liabilities accumulate among non-payers with exponential progress, a problem of such magnitude as is of public importance, but not all debtors have become so deliberately so.

Some have incurred a debt because of unpleasant circumstances, and they are willing to continue to pay their maintenance debts, but the accumulated amount is an inexorable load and prevents them from coming out of the debt pit.

For legitimate reasons, alimony debtors may be the initiators of debt reduction or even of total debt cancellation.

Is a reduction in maintenance debt possible?

Not all contributors know that there is an opportunity to reduce, or even write off, debt.

Moreover, this possibility is enshrined in article 114 of the Family Code of the Russian Federation at the legislative level.

In order to carry out a procedure for the total or partial cancellation of accumulated arrears, the lessor will have to:

1. If a mutual decision is made and the conditions are met, then a notary document must be prepared for both parties, stating that the debtor is exempt from any part of the debt or from the full amount of the debt, and may continue to pay the corresponding amounts; this is a good point for all, but it does not allow for voluntary cancellation if it is child support payments.
2. To file a claim with the court, requesting a reduction of the debt due to special circumstances.

The ability to reduce maintenance debts requires serious reasons, the mere desire to get rid of the debt is not enough.

1. A severe maintenance worker's illness, which has already been in the past or has had serious consequences, in the form of a disability.
2. The serious financial difficulties experienced by the debtor ' s family in connection with the loss of work or illness of other relatives.

Other reasons may be considered, but have to be documented.

Judicial procedure for debt relief

If the debt of maintenance could not be reduced peacefully, or if the debt was incurred in relation to a minor child, the procedure would have to be brought before a court.

In order to obtain a court decision to reduce maintenance arrears, the payer must comply with the following step-by-step instructions:

1. To assess your chances of success, it would be better to consult with specialists to give him a detailed account of the situation, and an experienced lawyer would be able to tell you whether it was possible to reduce overdue maintenance payments or to write them off at all.
2. Clarify which judicial division deals with such cases.
3. Formulate a claim that sets out all the nuances and a request is made.
4. Collection of the necessary package of documents, the necessary completeness can be specified in court or from the legal adviser.
5. Provide a ready-made registration kit and await notification of the date of the scheduled meeting.

The applicant will then be required to attend all scheduled meetings in good time, as well as to collect and provide additional documentation if necessary during the proceedings.

Rules for the preparation of a statement of claim

An experienced lawyer will say that half of the success of a future trial depends on a well-formulated statement of claim.

In order to reduce the amount of the maintenance debt or write it off at all, a claim must be filed. You can use the attached model to write it or take the example of filling in a court of law.

It is possible to apply to the law office, where the case will be prepared by experts for a fee.

The statement of claim should include such data:

1. Name and address of the court: In some cases the judge ' s OSI may be indicated, but this may not be the case.
2. Contact details of the applicant: MFI and the address where the claimant lives and where the correspondence can be sent. You can also indicate the telephone number.
3. The title of the document pre-dates the beginning of the presentation of the main information.
4. The first block is devoted to the introductory part. It needs to describe the amount of monthly payments when a maintenance allowance was issued, the date of appointment.
5. It is further indicated from when the payment ceased.
6. A calculation of the arrears accumulated on the date of filing of the claim is provided.
7. This paragraph should explain why no payments had been made during the period in question and what enabled the alimonyer to claim debt reduction; the more detailed the circumstances would be, the better.
8. In summary, the claimant requests a total or partial write-off of the debt.
9. At the end of the document there is a numbered list of those documents that support the claim.

The application is signed by the alimony agent in person, and the signature is certified by the FIO and the date of submission.

Claims for relief from payment of maintenance arrears

What documents should be prepared?

In order to reduce the arrears of the past period, it is necessary to have sufficient grounds to do so.

Any reasons, even the most valid and substantial ones, are accepted by the court solely in a confirmed form, and the applicant will therefore need to collect a package of documents which will have to be x-copyed by the number of parties to the proceedings and attached to the claim when the application is registered.

In order to accept the claim, it will be necessary to:

1. The applicant ' s passport: In addition to the original, copies of the first and second pages will be required, as will the sheets on the registration, marital status and children ' s status stamps.
2. An executive list or settlement that describes the amount of maintenance allowance to be paid regularly.
3. Documents proving affinity to dependants or other reasons for payment of maintenance allowance.
4. The list will then include documents that will explain the claimant ' s inability to pay the allowance during a certain period, which may include medical certificates from a disabled person ' s certificate, papers from places of detention, and the submission of a labour record, which may include a record of the organization ' s liquidation or dismissal as a result of downsizing.
5. A collection sheet, you can take it from the bailiff.

The testimony of neighbours, relatives, colleagues, doctors or other persons may also be attached.

Judicial review of the claim

The application is checked for compliance with the rules when it is registered with the court registry and, if inconsistencies are found, it may not be accepted and returned for further processing; if a document is registered, only written notice of the time of the first hearing at which the question of how to reduce the maintenance debt will be considered.

Judicial practice requires both parties to the proceedings to be present at the scheduled hearing; if one of the parties does not appear, the case will be adjourned.

On the basis of the outcome of the trial, the judge shall issue a decision which may be challenged and appealed in accordance with the established procedure.

Court ' s decision on debt relief

Once the decision has been announced by the judge, the parties must wait for it to be issued in a paper-based form; such a form is in an official certified form, which may be made available at the place of the claim.

Depending on whether it contains a reduction or write-off of the debt at all, an action will be taken to that effect. If the applicant has obtained judicial approval of his request, he may join a copy of the order in the service of the bailiffs.

This measure is applicable only to those alimonyers against whom the execution proceedings are initiated, and the applicant may cancel his or her debt on the basis of the decision issued.

Of course, this does not cancel the execution proceedings, but monthly alimony payments can be made from the moment the order is issued without paying back prior arrears.

How to reduce maintenance debt, prepare claim documents, model application to court

Despite the fact that every parent ' s obligation, even if not living with the child, to maintain him or her until he or she reaches the age of majority, in practice maintenance arrears are only increasing.

This is not always an indication that a parent simply does not want to provide support for his or her child.

How to deal with such situations – whether maintenance debt can be reduced, how to settle a matter through a court of law – these questions will be discussed further.

What is the danger of debt?

Debtors ' cases fall into the hands of bailiffs: the SPF service has quite a wide range of powers, cooperates with the Ministry of Internal Affairs, GIDB, the Revenue Service, the RPF, banking and credit institutions, and can therefore impose rather severe sanctions on the debtor:

• The restriction on movement – the debtor will not be able to leave the territory of the Russian Federation – FL 229, article 67.
• Limitation on the use of a personal vehicle.
• Executive Prosecution - FL 229, article 65.
• The seizure of property, including bank accounts, of credit funds until the debt is paid – FL 229, article 63.
• Arrest and sale of property and redeployment of the proceeds to maintenance.
• Administrative liability - Article 5.35.1 of the Code of Criminal Procedure of the Russian Federation.
• A fine.
• Correctional or mandatory work.
• Criminal liability if all the above measures have not been applied and the parent is a malicious non-payer – article 157 of the Criminal Code of the Russian Federation.

In addition, it should be noted that a new law came into force on 29 July 2018, which imposes a penalty of 0.1 per cent of the debt on each day of arrears.

How to Reduce Debt through Court

Absentments are reduced by the courts if the child ' s interests are not voluntarily, peacefully and peacefully reached.

The institution of the action will be the payer himself, and this will require an appeal (a model of a claim for reduction of maintenance here), and in addition to the claim itself, a basic package of documents and proof of its insolvency must be attached.

Whether it is possible to reduce the maintenance debt or leave it unchanged, it can only be decided by a court of law.

How to Reduce Maintenance Debt: A step-by-step instruction

There is no guarantee that the debt penalty will be reduced, or that maintenance will be suspended for some time without appropriate sanctions.

When we look at the way in which the issue is settled, it looks about the following:

• Advise a lawyer – he'll explain everything from a legal point of view, tell us what documents need to be collected, what facts will prove insolvency.
• To determine jurisdiction and territorial jurisdiction, it is usually a global city or district court attached to the defendant ' s place of residence.
• Prepare a claim to reduce maintenance debts through a court of law.
• Collect a basic package of documents as well as the evidence base.
• Go to court and file an application.
• He will appear for trial at the scheduled time.

Note that copies of documents are required, but it is necessary to have the originals with you. You can register the claim either by yourself or through your representative, but in such a case there must be a power of attorney.

From now on, it will depend on the court as well as the evidence gathered.

Preparation of documents for the claim

The judicial process involves not only filing an action but also a mandatory package of documents:

• Personal passport.
• A court decision or a notarized maintenance agreement.
• The birth certificate.
• A divorce certificate, if any.
• Documents that confirm insolvency - bank statements, income statements, certificates that confirm the existence of children from other marriages, dependants, and so on.
• A debt-accounting document is available from the MTSP.

The testimony of third parties, i.e. witnesses, would also be useful.

Claims for cancellation of maintenance debt

A model of a claim for the reduction of maintenance arrears has been approved by the Russian PCO and should include the following information:

• In the upper right corner is the full name of the judicial institution to which the claim is filed, the ISI and the contact details of the defendant and the plaintiff.
• Document title: Claims for reduction of maintenance debts through court.
• Description of the situation.
• A description of the circumstances that make it impossible to pay the debt.
• Reference to legislation that makes such a requirement lawful.
• List of attached documents.
• Date and signature.

Limitations on maintenance obligations

Some abusive parents use this rule as a loophole – there is a term of limitation for the recovery of maintenance – three years after that time, claims against the payer will no longer have a legal basis.

But there are exceptions to every rule, for example, a parent with whom a child lives can apply for alimony once he or she has reached the age of majority if:

• He is a student at a full-time university.
• He needs constant treatment.
• He is disabled and cannot support himself.

Given the latter two factors, there is little likelihood that the maintenance claim will be satisfied.

The order of indexation

The index will be applied only if the maintenance payment is made in a firm monetary amount; indexation occurs because the fixed amount is determined by the amount of the SMIC; the SMIC is determined at the regional and federal levels and is recalculated every quarter.

Is it possible to reduce the maintenance penalty?

From a legislative point of view, both the maintenance debt and the penalty itself, which is growing with the debt, can be reduced, but in practice only the court will decide on such relief for the debtor.

It is also important to understand that even the satisfaction of a claim for the reduction of maintenance arrears does not relieve the parent of the obligation to support his child until he reaches the age of majority at a minimum.

Conclusion of agreement

How to reduce the maintenance debt? You can do this not only through litigation, but also voluntarily through a parent-to-parent agreement. Note that such a document must necessarily be notarized.

This is the case only if the issue does not concern a minor child; otherwise, it will have to be decided only by the courts.

Let's take stock.

How to reduce maintenance arrears? Only by a court decision can this be done if the child is a minor, but reducing maintenance arrears, even if there are compelling circumstances, does not relieve the parent of the obligation to support his child financially.

Moreover, if a parent deliberately gives the court false facts about his insolvency, he may even face criminal liability for deliberately misleading the court.

How to reduce maintenance debt through court over the past period

And when a child's allowance is not paid, the amount is constantly increased, and the amount becomes impracticable to a person, and he thinks, "How can you reduce the amount of the child's maintenance?"

What is the danger of debt?

The main task of parents is to raise and maintain their children; in the event of divorce, one of the spouses has maintenance obligations; the family law protects the interests of the children; and Federal Act No. 229 on executive proceedings assigns alimony to priority payments.

The timely payment of payments is monitored by the Federal Service of the Marshals, which works with other authorities:

• The Ministry of Internal Affairs and the Ministry of Internal Affairs;
• Border Guard;
• Tax authority;
• RPF;
• Credit and banking institutions.

The SPF inspectors have broad powers and have the right to bring debtors to justice without the involvement of other agencies, but the non-payment of maintenance may face the following problems:

• Loss of driving rights if the amount of the debt exceeds 10,000 roubles;
• Restriction of the debtor to travel abroad of the Russian Federation;
• An executive search notice;
• The seizure of any property, property or real property;
• Administrative liability (correctional work, fine);
• Criminal liability in the event of repeated evasion of maintenance payments, provided that all measures taken against the debtor have failed.

In addition, from 29 July 2018, a penalty of 0.1 per cent of the total is charged for each day of arrears.

Based on the measures listed, which are expected of the non-payer, it can be concluded that the accumulated maintenance arrears are better settled in the short term.

The law provides for mechanisms for the protection of the rights of contributors: if a debt has already been created, it is possible to reduce and, in some cases, eliminate it. Article No. 114 of the Family Code provides for two options for the reduction of maintenance debt:

• By voluntary agreement of the parties;
• Appeal to a judicial authority.

If the contributor and the beneficiary of the maintenance are in a good relationship, they may agree to reduce the debt voluntarily.

• Set up an agreement on debt relief or cancellation;
• To verify the document from the notary;
• Put paper in the bailiff's office.

The procedure is carried out fairly quickly when the agreement is concluded after the child ' s majority; if he or she is under 18 years of age, the payer will not be able to reduce the debt by agreement with the other party.

Resolution of the matter in court

In order to reduce the debt, recourse to a court is necessary when:

• The child ' s parents cannot agree on the matter on their own;
• Maintenance payments are intended for a minor child.

The debt relief credit can be satisfied if the payer:

• Has acquired a disability;
• Detained;
• He participated in hostilities;
• Has an incompetent close relative in need of his care;
• He retired.

The main condition should be the existence of circumstances in which the payer is unable to pay the arrears; the court may reduce the debt owed to a temporarily unemployed citizen, the birth of a second child in a new family or the payment of a loan.

The process of reducing maintenance debts is initiated by the payer, for which a claim is made before the court that rendered the previous judgement: the world, the district or the city.

A citizen must be satisfied that he or she has good reasons not to pay the alimony prescribed in the law; otherwise, he or she may be held administratively or criminally liable for malicious evasion; first of all, the payer must consult a lawyer who will evaluate the chances of success and assist in drafting the claim.

Further action:

• Preparation of documents that confirm the valid reasons for the non-payment of maintenance during a certain period;
• Collection of information on the amount of debt in the MTSP;
• Preparation of the claim;
• Recourse to court.

In order to obtain the debt data, the payer must file an application requesting payment for the period in which the alimony was not paid; within 30 days, the bailiff must produce the required document.

The package of documents required to be brought before a court is as follows:

• A copy and original of the applicant ' s passport;
• Executive list of the previous court decision on the basis of which alimony is recovered;
• Calculation of the accumulated debt;
• Certificates, receipts and other evidence supporting the valid reasons for non-payment of maintenance;
• It's a bill of payment for the mistress.

If a voluntary agreement has been concluded between the child ' s parents, it must be attached to the claim, and a copy of the performance sheet can be obtained from the SPF.

The following may be proof of a difficult material or living situation:

• Certificates from medical institutions confirming medical treatment, surgical operations which have resulted in long-term incapacity to work;
• Documents proving that a dependent family member is unable to work;
• Original employment book with a record of dismissal from work;
• Certificate of registration at the employment centre;
• It's a certificate of being in a correctional colony.

If the reason for applying to court was the refusal of the second parent of the voluntary debt agreement, this fact must be proved by testimony; a list of witnesses is provided in the statement.

In order to successfully reduce the debt through the court, a statement must be made correctly and the following information must be provided:

1. Name and location of the judicial authority;
2. Information on the applicant, passport and contact details;
3. Data of the defendant who receives alimony;
4. Title of claim - reduction or relief from maintenance debts;
5. A description of the circumstances in which alimony could not be paid;
6. An indication of the reasons why the contributor will not be able to repay the arrears in the future;
7. The testimony of witnesses confirming attempts to resolve the issue with the recipient of maintenance by peaceful means;
8. Claims - debt relief or liquidation;
9. List of attached evidence and list of witnesses;
10. The plaintiff ' s signature and date of application to the court.

Once the application has been made, the package is handed over to the court; this can be done on its own, or the paper can be sent by registered mail.

Conclusion

When faced with a difficult life situation, the alimony payer could rely on the protection of the State; if arrears arose, the problem should be resolved peacefully.

If no agreement was reached with the other party, it was possible to resolve the matter in court, which would require a statement, evidence and witness support.

Recent developments

No significant legislative changes were envisaged in 2023.
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How to reduce maintenance debt over the past period

The law provides that a debt may be incurred during the period when maintenance payments have not been made, and even rules have been laid down to encourage non-payers to do so, but it is sometimes for valid reasons.

How to reduce past maintenance arrears

The Family Code, article 114, provides for the possibility of reducing maintenance arrears over the past period, and even the alimonyer can be fully exempted from paying off the accumulated debt.

This can be done both through an agreement between the parties and through a court order.

Debt relief agreement on maintenance

The landlord and the beneficiary of maintenance are able to draft an agreement to reduce the amount of the debt incurred, or even to write it off in full, in writing and certified by a notary.However, the law imposes a strict restriction – if maintenance is paid for children under age, then it is not possible to reduce or cancel the debt by concluding an agreement.

If it is not possible to negotiate with the recipient, then the alimonyer may obtain what he wishes through the court.

How to reduce maintenance arrears through court

The court may decide to reduce, or even exempt from, the payment of maintenance, but only if the following conditions exist:

• Non-payment of maintenance was based on valid reasons, such as long-term illness, imprisonment and stay in the war zone;
• It is not possible to pay the full amount of the debt created because of the characteristics of the financial situation or the marital status, such as the maintenance of the dependants, and there is no official income.

If these requirements are met, then there is a chance of cancellation of the maintenance debt.

Maintenance debt relief claim.

Statement of claimmay be drafted in a free form for the applicant, but subject to the rules of civil law.

This document, a model of which can be obtained from a judicial authority, must contain the following data:

1. At the beginning, you have to write down the name of the judicial authority to which the application must be submitted.
2. The main information of the applicant and the respondent, the FIO, the residence, the contact details, are then indicated.
3. Name of document.
4. The key circumstances of the case now need to be described: when and under what conditions the alimony was ordered, the form and amount thereof, the manner in which the maintenance was paid, the result of which was the debt of maintenance obligations, and the reason why the payment of the debt was considered impossible.
5. It should be noted that all pre-trial settlement arrangements have been complied with, for example, the plaintiff attempted to negotiate orally with the defendant, to write a contract in writing.
6. The circumstances referred to in the statement of claim must be documented, witness statements, etc.
7. It is best to refer to legislation that confirms the claimant ' s rights to claim.
8. Claims must be formulated in a manner similar to that of reducing the maintenance debt or exempting it from payment.
9. Specific amounts should be provided – the amount of debt from which the claimant wishes to be released or on which debt relief is expected.
10. Then you have to list the apps.
11. At the end, the date on which the claim was filed must be indicated and signed.

It should be noted that the statement of claim will not be sufficient to provide a simple statement of the circumstances that gave rise to the maintenance arrears, even if the reasons are worthy of consideration, and that the proof of such circumstances must be the responsibility of the applicant alone.

• In filing a claim with a judicial authority, it will be necessary to prepare evidence that confirms the justifiable circumstances, not the full payment of maintenance obligations and the formation of debts, but also the reasons that prevent the payment of the outstanding debt.
• If the court decides that the alleged circumstances are not respected or that there are no obstacles to the payment of the debt, it will refuse to satisfy the claims.
• Until the arrears are fully paid, the wages will be used to keep half the wages.

Reduction of maintenance arrears by judicial practice

The provisions of article 114 of the Family Code of the Russian Federation indicate very vaguely the circumstances on which a decision is taken to reduce the maintenance debt or to grant full debt relief:

1. Agreement between the parties involved, which is based on a supplementary maintenance agreement, where the recipient of the funds accepts the supportr ' s arguments and agrees to a total or partial exemption from the maintenance debt.
2. When a serious illness is detected in the carer, changes in the marital or financial situation that occurred during the payment of maintenance obligations, there are other circumstances that are considered to be respectful in judicial practice – factors of a natural nature, evidence that can prove that maintenance cannot be paid.

All evidence provided, witnesses ' testimony and information from the inspection authorities must be examined during the trial.

If the debtor wants to achieve debt relief, then it must provide very strong evidence to prove that these respectful circumstances have occurred that have prevented it from fully meeting its own obligations to the recipient.

At the end, it should be added that, thanks to certain provisions of the Family Code, it is possible to reduce maintenance debts or to cancel them completely.