Relief from payment of maintenance debts, claim for exemption from maintenance (model) 2023

03.07.2022

Maintenance payments do not apply to a person ' s life support, i.e. in a number of situations they may be cancelled.

If the payer has a number of grounds laid down in Russian law, it is possible to obtain exemption from maintenance, and in some cases it is possible to receive refusals and refunds.

This process is carried out through the filing of a complaint with the court.

Grounds for exemption from maintenance obligations

In order to initiate proceedings for exemption from the payment of maintenance due to a child under 18 years of age, the contributor must have grounds.

Grounds for discontinuation of maintenance payments

The reasons are accepted by the court in accordance with the current provisions of the UK and the Russian Civil Code:

• The child entitled to maintenance has reached working age;
• One side died;
• The entry into force of the ground laid down in the text of the commitment agreement;
• The removal of the group from the disabled child;
• The children on whom the payment was due were adopted;
• Re-establishment of legal capacity, employment of the person supported by material support;
• The spouse who is raising a minor has entered into a new marriage union;
• Promulgation of a case for contesting paternity against the person whose maintenance has been paid;
• The wife is divorced and three years have passed since the birth of the child if the court has decided to make contributions to support the woman;
• The daughter or son committed a criminal act against the juvenile maintenance payer, as evidenced by the entry into force of the court decision;
• The recipient of the funds no longer needs maintenance;
• The child has changed his or her address and his or her relocation is related to the payer ' s place of residence;
• The financial situation of a citizen who pays monthly contributions has changed;
• The existence of an evidentiary basis for the unworthy conduct of the former wife (husband) during the marriage.

Private cases in legal practice

Some payers appeal to the fact that they have been deprived of their parental rights, but this is not a ground for exemption from maintenance under the current legislation, and the elimination of the rights to raise children applies to the following categories of citizens:

• A malicious evasion of maintenance;
• Child abuse at both the physical and psychological levels;
• Citizens repeatedly tried for criminal offences.

Thus, the deprivation of parental rights does not automatically eliminate the obligation to pay; the parent may not apply for meetings or to take educational measures, but is obliged to provide material support; nor is it based on the fact that the former spouse (a) re-engaged in the marriage but the children were not adopted.

Comparison of maintenance payments in Russia and the United States

Content of the application for exemption from maintenance

In accordance with the legislative provisions of the Russian Federation, the procedure for the exemption from payment of maintenance arrears is carried out exclusively through the judicial authority; article 119 of the Family Code of the Russian Federation provides a complete list of the grounds for the initiation of such proceedings, including changes in the financial or family status of one of the parties.

Read also: Adoption of a child from a maternity home

An application for exemption from maintenance is made to the judicial authorities on the basis of the respectful circumstances laid down in the UK of the Russian Federation, and additional documents sufficient to satisfy the application will also be required.

An application shall be made in accordance with the provisions of the Russian Civil Code in force and the application shall be made in writing.

Contents of the statement:

1. Information on the plaintiff's side is F.I.O., the address of the residence.
2. The defendant's name, first name, patronymic, address of residence.
3. The main part of the text describes the grounds that led to the initiation of the proceedings, such as the change of financial status, the new marriage union, the payer ' s incapacity, etc. But the court also takes into account other circumstances: the disability of a close relative with whom the plaintiff lives, the temporary incapacity of a citizen, the child has opened his own IP or received a large donation.
4. Reference should be made to the existing legal and regulatory provisions of the Russian Federation; for example, articles 119 and 120 of the Russian Criminal Code should be prescribed in the declaration; such cases had civil jurisdiction; article 131 of the Russian Civil Code should be further prescribed.
5. Finally, the value of the application must be indicated.
6. Next, list the attached documents.
7. Set the date of the motion and sign by hand.

• Article 119 of the Family Code of the Russian Federation: "Amendment of the amount of maintenance ordered by a court and exemption from payment of alimony"
• Article 120 of the Family Code of the Russian Federation "Cessation of maintenance obligations"
• Article 131 of the Code of Civil Procedure of the Russian Federation: Form and content of the statement of claim

Implementation of the procedure through the judiciary

In a situation where the act did not have a specific date for the release of child support or the reason for the removal of the burden arose before the expiry of the period, the citizen concerned has the right to file a complaint with the court, and the application requires the release of the minor's financial support.

Where financial security is based on an earlier agreement between the parties, the following conditions must be met to clear the obligations of the father/mother:

• The achievement of a peace agreement and the conclusion of a new treaty;
• The payer may file a claim with the court for termination or modification of the agreement.

In the second case, the defendant had the right to object, to refuse to admit that the circumstances had occurred, and the mother and father might not come to a peaceful settlement, for example, by establishing new clauses in the contract; all nuances should be recorded in the application.

These may be:

• Witnesses ' testimony;
• Statements from the face bank account;
• Medical certificates;
• :: Persons with disabilities group assignment papers;
• as well as other documents.

Read the same: How to make temporary registration for a child for school?

Model claim for cancellation of maintenance

The court will consider the application and make an appropriate decision to release (or not) the payment of maintenance, and it is noteworthy that a third option, a partial discharge of the encumbrance from obligations previously created by the court, may also be awarded in respect of the plaintiff.

Model application for exemption from maintenance

Documents

According to the Russian Code of Criminal Procedure, any type of application sent to the higher authorities must contain additional documents, and the list of annexes must be set out in the text of the statement of claim.

An application for exemption from maintenance payments requires the provision of a copy of the claim in two copies; the first one is sent to the agency, the second one is required by the defendant; the same requirements apply to all documents; that is, a full set of documents is required for each party.

In addition, the following copies of documents should be attached:

• The passport of the plaintiff ' s party;
• The certificate of the marriage and its subsequent dissolution;Model divorce certificate
• Birth certificate for children;
• A court order giving rise to a financial support obligation;
• An executive note on which the contributions were made.

In the case of children living with a payee, supporting papers must be attached.

Such documentation may include an extract from the home log requested by the management company and a certificate of the composition of the family or of the paper from the school may be provided.

It would also be necessary to attach a cheque for the payment of the Minister of State, without which the application would not be considered.

Where should I go?

An application for exemption from the payment of maintenance is required to determine the jurisdiction of the case; in general, such requests are addressed to the address of the defendant ' s residence; however, the legal provisions allow the possibility of filing an application with the authority that ordered the recovery of financial support; in any event, the action must be brought before the justice of the peace.

The size of the majesty

In this category of proceedings, the amount of the exemption from maintenance will be calculated on the basis of the value of the application; according to article 91 of the Russian Civil Code, the amount is calculated on the basis of compulsory payments equal to 12 months.

Once the value of the application is determined, it is possible to calculate the amount of the State duty on its own, and there is an article 333.10 in the National Committee of the Russian Federation setting out the procedure for calculating the State fee according to the category of the case.

According to the tax regulations of the legal instrument, if the price of the claim is up to 20,000 roubles, the fee shall be 4 per cent of the amount indicated.

But the law sets a limit: the volume of the government service cannot be less than 400 rubles, if the value is higher than 20.001 rubles.

but less than 10,000, the tax charge is calculated as follows: annual payments + 3 per cent of the amount that exceeds 20,000 roubles.

Article 91 of the Code of Civil Procedure of the Russian Federation, "Treatment of action"

Read also: Maintenance certificate

Article 333.10 of the Tax Code of the Russian Federation, "The tax base"

When no exemption from maintenance is possible

• The husband has married, but the new husband does not adopt children;
• The loss of ability to work by the payer is only possible to reduce the amount of contributions;
• Refusal or deprivation of parental rights;
• The serving of a sentence for a criminal act;
• The appearance of a newborn in a new marriage;
• The payer ' s travel to the MJM to another country;
• The defendant's financial situation has improved.

The exemption from the payment of maintenance in judicial practice contains different situations and circumstances in which funds may even be returned to the payer ' s account, but all procedures are carried out in accordance with the legislation of the Russian Federation; in such cases, the court always takes into account the interests and rights of minors.

Model application for exemption from maintenance and payment arrears

Maintenance payments are not time-bound, but they can be interrupted or deferred on legal grounds, and the procedures for exemption from alimony payments, or maintenance debts, are simple enough to read the letter of the law in advance and prepare the evidence base.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.
 

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Grounds for exemption from maintenance

The exemption from maintenance is regulated by the Family Code (art. 120) and the judicial practice of the Russian Federation.By making it all one list, there are a number of reasons:

1. Death to one side.
2. The child ' s attainment of the age of majority is given here information on the cases in which maintenance is provided after the age of 18.
3. Recovering your ability to work.
4. Adoption of a child by another person during the special procedure.
5. Contestation of paternity.
6. The remarriage of the spouse who was in maintenance.
7. The child ' s place of residence is changed (when he begins to live with a maintenance worker).
8. It's rare for a maintenance agent to commit a crime in the direction of a maintenance payer.

Grounds for exemption from payment of maintenance debts

Debt relief is not regularly granted in the practice of family law in the Russian Federation.Most often, the citizen is simply deferred, extended for a year or even for a longer period of time.However, there are some grounds in the Family Code (art. 114) for exempting a person from payment in full.

The court does not regulate the list of "respectable reasons" as in the case of exemption from maintenance, so the decisions in such cases vary according to the region and the vision of a particular court.

Method of application

The procedure for filing a claim, both in the case of debt relief and in the case of exemption from maintenance, is similar.

A citizen may appeal both to the justice of the peace and to the court of first instance of general jurisdiction.The first option is much more popular in the Russian Federation due to lower resource costs (cases in the magistrates ' courts are heard faster, lawyers for such hearings require less fees).

A certain package of documents must be filed along with the claim:

1. A copy of the identity document (passport, passport loss certificate, residence permit).
2. Copies of the suit for each of the parties, including the court and the child protection service, if any, acting as a third party.
3. A bill of payment of State duty.
4. Documents on the basis of which alimony was awarded (court decision, settlement agreement).
5. Copies of the child ' s birth certificates, the marriage certificate and the court ' s decision to dissolve the marriage if maintenance is paid to a minor.
6. An evidentiary basis to confirm the need to exempt a citizen from payment.

Once a claim is brought, it will be brought before a judge through a special automatic case management programme.From this point on, on average, hearings may take between one month and six months.

An application for exemption from maintenance is made on the basis of a model, the details of which are set out below.

Model application for exemption from maintenance

The model application for exemption from maintenance is generic, but contains certain legal inefficiencies that need to be seen before filing an action with the court.

Pick up a sample.

It is on this basis that the parties will be notified of the opening of the hearing.The disclosure of known incorrect data is subject to administrative and sometimes criminal liability.

After the name, the citizen describes the factual circumstances, namely, when, by whom and on what grounds the alimony payments were made.

If alimony is paid in respect of the child or former spouse, the date of registration of the marriage and the date of divorce must also be indicated, the documents by which this was regulated.

The citizen goes on to present his vision of the situation, citing the legal framework attached to the suit.If the claim is based on a denial of paternity, the results of the examination must be attached.

If, in the complainant ' s opinion, the withdrawal of maintenance must be due to the return of the support provider ' s disability, the documents must also be referred to; if they cannot be obtained outside the court, the testimony of witnesses may be invoked, and the documents from the place of work of the citizen shall already be requested by the court in a procedural manner.

In the last paragraph, the plaintiff states his claims, namely, to cancel the payment of maintenance.Nothing needs to be argued in this paragraph.

At the end, an inventory of all documents filed with the claim is attached, including a receipt for the payment of the Minister ' s office, and the document is certified by date and signature.

Model application for relief from maintenance debts

Debt relief is a procedure slightly less regulated than a maintenance exemption.States allow more parts to be included in the suit.

In the upper right-hand corner of the application, the requirements of the court (name, index) and the parties (FIO, address of residence, contact details) are placed.

• The first paragraph requires the claimant to notify the court of the manner in which maintenance was sought (by a court decision or settlement).
• All the details of these documents (full names, numbers, date of entry into force) are indicated.
• This must be done despite the fact that they are attached to the suit, since the court will in any case verify their authenticity by registry.
• Here, however, is the date on which the child ' s maintenance payments began, their amount and the child ' s data for whose benefit they are paid.
• In the next paragraph, the citizen indicates that he paid maintenance in a stable manner until a certain period of time (the period is specified).

The circumstances are described below.If the cause was a disease, it should be given a full, medically correct name, a time frame for treatment, and a description of all the complications.

The evidence may include the decision of the medical board, the discharge of medical records, checks for expensive procedures and medicines.

The citizen then needs to prove that he will not be able to pay his debts because of costly treatment, dismissal or a critical reduction in his salary.All of this is supported by checks, income statements.

After the word "request", the plaintiff sets out his claims: to exempt him completely from the payment of maintenance; the amount of the debt and the period of arrears are indicated.

The following is a description of all the documents that were attached to the claim, including cheques and certificates, and at the end of the claim is the date and signature.

Pick up a sample.

Conclusion

Maintenance payments are not a sentence if a citizen has grounds for non-payment; only a careful review of the legislative framework is required, a valid claim must be made and all possible evidence must be attached to it, even if they appear to be insignificant.

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Application for relief from payment of maintenance arrears, model and 2023 form

A claim for relief from payment of maintenance debts may be made in cases where the debt is formed for reasons beyond the control of the alimonyor, including those where the debt is formed by the debtor ' s fault.

Files in.DOC:Statement of claim for relief from payment of maintenance debts.............................................................................................

Grounds of claim

There are two ways to build up child support arrears:

• It is the fault of the alimonyer who deliberately evades the payment of maintenance;
• For objective reasons that prevented the alimonyer from paying maintenance payments in a timely manner.

As a general rule, objective reasons relate to loss of employment, loss of income for any reason, illness of the maintenanceer himself or his family members, and exemption from payment of debts in these cases may only be granted on the basis of a court decision, in accordance with article 114 of the SC.

The objectiveness of the reasons for the debt would justify the court ' s granting and awarding the claims.

Chances

Depending on the manner in which the maintenance debt is created, the court may either reject the claim or grant it in whole or in part.

The chance to obtain a favourable decision for the plaintiff would be higher in the following types of debt formation:

1. The serious illness of the maintenance payer or members of his family;
2. Long-term inpatient care;
3. Disability;
4. Military recruitment;
5. Extraordinary events such as fires, natural disasters, etc.;
6. The child ' s stay on the maintenance of the maintenance provider for the entire period during which the debt was incurred;
7. Sentence of deprivation of liberty.

In fact, the law does not specify the types of debt units that would be considered as grounds for exemption, which means that a claim can be made on any basis, whether it is considered to be respectful or not, is the prerogative of the court, which in any case will be more child-oriented than the plaintiff's.

It was essential to justify not only the observance of the reasons for the debt, but also the fact that the debt could not be paid because the claimant did not have the money to pay.

It should be borne in mind, however, that debt relief was not an exemption from the payment of alimony.

If the court settles the claim, it only cancels the debt, but in no case has the obligation to pay alimony.

Formulation of the claim

• A claim for relief from payment of maintenance debts falls within the category of contentious proceedings, i.e., the participation of the claimant and the respondent.
• The defendant is the beneficiary of maintenance, i.e. the parent on whom the child is supported.
• The content of the statement of claim should include a number of consecutive structural elements, namely:

1. The "head" of the claim, which includes the name of the court to which the claim is brought, the FIO and the addresses of the plaintiff and the defendant;
2. The descriptive part, which sets out, in chronological order, the birth of the child, the date on which the award of maintenance was made, the amount of maintenance, the execution of the decision, the amount of the debt and the manner in which it was formed;
3. The rationale part of the justification for the reasons behind the debt: the justifications in this case refer to documentary evidence that the reasons are respected; these may be medical certificates, liquidation certificates, etc.; it should be shown here that the debtor does not and will not be able to pay the debts;
4. The operative part containing the plaintiff ' s direct request to the court;
5. A copy of the court decision on the recovery of maintenance, a certificate from the bailiff on the amount of the debt and a copy of the plaintiff's passport must be attached to the column, all the other documents must be attached depending on the reasons for the debt;
6. The date of filing of the claim and the plaintiff ' s signature.

Separately on the annexes to the claim

The documents attached to the statement of claim must be properly documented, i.e. they contain all the features of the document, including its number, date of issue and stamp.

Thus, a certificate of the amount of the debt must be issued by the bailiff and must include not only the total amount but also the time period for the collection of the debt, and the date of commencement of the formation must be linked to the dates that confirm the objectivity of the reasons for the non-payment of maintenance.

That is, if the debtor is ill on 1 January, the bailiff ' s certificate of commencement of the debt formation must be approximately (plus or minus a month) corresponding to that date.

In addition to the debt certificate, the claimant will be required to submit the following documents:

• These may include medical certificates, a copy of a military ticket, a certificate of release from places of deprivation of liberty, a certificate from the employment centre, fire certificates, etc., a birth certificate, a decision to establish guardianship or adoption, an ICEC finding of disability;
• These documents may include family composition certificates, payment documents for the purchase of medicines, etc.

Where to take the claim?

Disputes for exemption from maintenance are subject to the jurisdiction of the justices of the peace.

Jurisdiction is determined by the place of residence of the defendant.

The State is paid on the basis of the amount of the debt from which the plaintiff seeks to release him, i.e. from the price of the claim. The calculation of the State debt is based on the provisions of article 333.19 of the Tax Code of the Russian Federation and consists of:

• 4 per cent of the debt of less than 20,000 roubles;
• 3 per cent of debt over 20,000 but less than 100,000 roubles;
• 2 per cent of the debt of more than 100,000,000 roubles but less than 200,000 roubles;
• 1% from 200,000 to 1 million rubles;
• 0.5 per cent for debt over 1 million roubles.

Regardless of the amount of the debt, the State duty may not exceed 60,000 roubles.

Absolution from payment of maintenance debts - case law, state of affairs, sample claim

Factors on which the payment of maintenance arrears is exempted,specified inArticle 114 of the Family CodeIt is important to bear in mind that all legal matters should be decided by a court or by a notary, and that oral arrangements will not protect the parties from future differences, but may aggravate the situation.

When does the debt decrease?

Citizens who owe some amount of maintenance may seek full or partial forgiveness of unliquidated obligations.

If the benefit was paid on the basis of a settlement agreement, the parties have the right to deal with financial matters on their own.

The law did not require new conditions in writing, but jurisprudence showed that a joint approach to a notary helped to avoid further monetary disputes.

Article 114 of the Russian FederationThe plaintiff should collect a large number of documents to convince the judge of his or her insolvency.

Exemption from the payment of maintenance for minors is possible if:

• A citizen is unable to pay due to serious circumstances (long-term hospital treatment, conscription, imprisonment);
• The financial situation of the payer (absence of work, illness of close relatives) has deteriorated unforeseenly.

Specific situations

Among the many court cases, there are the most common situations in which citizens claim exemption from maintenance:

• Termination of payments in favour of the spouseSupport for the second half is awarded by a court decision for the following reasons:Article 89 of the Russian Federation:: Loss of capacity to work due to illness, care for a disabled child, pregnancy and child care up to the age of three years; the court shall relieve the citizen of his or her capacity to work if the recipient restores his or her capacity to work or remarrys.
• Contestation of paternityA man who has no confidence in the fidelity of the second half is entitled to file a claim for paternity, one way of proving a biological relationship with a child is through a genetic examination, and the court appoints a study if other evidence is not sufficient; if the biological relationship with the child is not established, the payment of maintenance shall cease as soon as the court has issued its decision.
• Adoption of a child by another personUnder the Family Code, all the rights to provide for a minor were transferred to the adoptive parent; in fact, all payments were terminated from the moment of adoption, but the executive service needed to have reason to close the proceedings, so that the maintenance payer had to obtain a court order from the court office to cancel the payments and transfer them to the bailiff.
• Moving a child to a maintenance payer at permanent residenceThe changing circumstances of life give rise to recourse to the courts to withdraw the previous decision.

Loss of parental rights

Article 71 of the Russian FederationEmphasizes that citizens deprived of their parental rights by the courts are not exempt from the payment of maintenance in favour of their offspring.

The only alternative permitted by law is the way to determine the amount of maintenance: if an unfriendly parent does not wish to be brought before a court again, he may enter into a settlement agreement with the recipient.

It was important to ensure that the document was notarized in order to avoid further financial disputes.

If both the father and the mother have been deprived of parental rights, the child may be placed in residential care, although the financial security of the minor is assumed by the State, the obligation to pay maintenance from the parents is not waived, but it is possible to reduce the amount of the payment in such a case; this requires the filing of a claim with the court on general grounds.

Procedure for filing a claim

The jurisdiction of cases requesting exemption from maintenance is vested in the Magistrate ' s Court of the defendant ' s place of residence; such cases are dealt with in general order, so that both parties to the proceedings will be called to the hearing.

The claim must meet the requirementsArticle 131 of the Russian Code of Criminal Procedureand contain the following particulars:

• Name of the peaceship;
• Information on the parties to the dispute (passport data, place of residence and work, contacts);
• Data on the minor beneficiary of maintenance;
• A detailed account of the circumstances;
• A list of the valid reasons for the creation of the debt, with an indication of the law on which the claimant relies;
• Request for exemption from further retention in favour of the defendant;
• List of supporting documents;
• Date of filing of the claim;
• The plaintiff's personal signature.

Model statement of claim

The court will not only be guided by the arguments set forth in the application, but will certainly be given the other party to the proceedings, so that the matter of drafting the claim must be taken very seriously without distorting the facts or allegations.

Supporting documents

Particular attention should be paid during the preparation of the proceedings to the collection of facts that the defendant would not be able to obtain, and the plaintiff should be given a specific amount of maintenance debts and circumstances leading to the accumulation of debt.

The following shall be attached as arguments to the statement of claim:

• A certificate issued by the Executive Service on the amount of maintenance arrears;
• Documents on the reduction of financial income (work-related wage certificates, social security benefits, registration at the employment centre);
• Changes in family circumstances (birth or adoption of a child, marriage union, new dependants);
• Confirmation of the valid reasons that led to the creation of the debt (medical reports on the state of health, conclusions of the medical commission on the determination of disability, notification from the army of the call for emergency service, sentence of the court).

The size of the majesty

The Court ' s Office will only accept the claim if the State is paid for. Maintenance cases are property disputes, so the amount of payment depends on the amount of arrears incurred.(article 333.19 of the Tax Code of the Russian Federation)As a rule, the plaintiff costs 400 rubles to initiate the proceedings.

You can find out what you want to pay for it on an information counter in the courthouse or on an official website.

• In the bank ' s register;
• In payment terminals;
• through an online payment system.

The bill of payment is attached to the claim before filing with the office; it must be ensured that the document does not contain errors in the requisitions.

The success of the case depends to a great extent on the literacy of the statement of claim and the completeness of the evidence gathered.

Claim for exemption from maintenance in 2023 - arrears, child maintenance, form, download

There may be very different situations in modern life, in which case the question is how to free yourself from the payment of alimony, and what may be the reason for doing so?

Exemption from legal duty is possible in certain circumstances and only by a decision of a court of law.

Initial information

In order to be free from payment of maintenance funds for a child, spouse or parents, compelling reasons are required.

The child's attainment of the age of majority is the basis for the elimination of the monthly funds collected for his maintenance, if previously the duty was imposed by a court decision.

Photo: Absolution of maintenance arrears

It will not be enough for a general waiver to be completely exempted from this mandatory procedure.

Once the court has ruled, the case goes to the bailiffs, who enforce a certain portion of the official income on a regular basis, in which case an immediate application is required.

Basic concepts

A number of concepts need to be introduced before more detailed consideration is given to the processing of a claim for exemption from further payment of maintenance:

Maintenances	Maintenance funds for a child, spouse or parents who are voluntarily provided or by a decision of a judicial authority
Marriage	Formal conclusion of a marriage union through the civil registry, followed by the issuance of an official document for a new separate unit of society in Russia
Divorce	Divorce, which takes place through the civil registry with the mutual consent of the spouses, or through the court if the husband or wife does not approve the decision
Statement of claim	Document submitted to the court for the purpose of bringing the offender to justice, as well as for the subsequent execution of the plaintiff ' s claims
Exemption from maintenance	Procedure through the court when a citizen who is a good payer of maintenance is discharged
Court	Authority responsible for settling disputes between citizens and organizations and calling for accountability for past offences

With these terms in mind, it will be much easier to deal with the rules for processing a claim for exemption from payment for maintenance of a former spouse or child.

What is the size of the majesty?

The State duty is a compulsory contribution to the work of the court, which ensures that the action is brought before the court, depending on the following nuances:

• Case area;
• The material part of the proceedings and the dispute;
• The number of processes required to resolve the dispute;
• The nature of the case;
• The court to which the appeal is made.

All these nuances have a direct impact on the amount of the State contribution, as in Moscow, a minimum of 300 roubles is to be paid for this procedure.

Legislative framework

The regulation of contentious situations involving the filing of an action for the annulment of maintenance obligations with the court is based on the following legal acts of the Russian Federation:

• Federal Act No. 143 of 15 November 1997 on civil status;

Application for exemption from maintenance

Under the law of our country, exemption from the payment of maintenance is possible through judicial proceedings. Article 119 of the Russian Federation ' s Family Code contains grounds for exemption from the payment of maintenance.Changes in material or marital statusOne of the parties.

However, in each particular case, the court also takes into account other circumstances that merit attention, as a change in the material situation may be seen as both the deterioration and the improvement of a person ' s (payer or recipient ' s) wealth.

A claim for exemption from maintenance may be brought before the court if the necessary documents and sufficient evidence are available, both the person paying the maintenance and the recipient.The claim must be filed with the Magistrate ' s Courtwhich had previously ordered the recovery of maintenance.

Content of the application for exemption from maintenance

A statement of claim must be made in accordance with the requirements of the Code of Civil Procedure of the Russian Federation.

The application must indicate to which court the application is filed, the plaintiff ' s details (FIO, address) and the defendant ' s requisitions (the same FIO, address).

The main part should be writtenReasons for exemption from maintenance obligationsi.e. a change in a party ' s marital or material status (e.g. re-registration of the marriage by one of the former spouses and the appearance of a second child; incapacity of the maintenance payer).

In addition, attention should be paid to the fact that the court may accept andOther circumstances..........................................................................................................................:: Such as the disability of a family member, his or her temporary incapacity to work, as well as the child ' s own entry to work.

In drawing up the application, it must be borne in mind that any circumstance that might affect the material position of one of the parties may be recognized by the court as sufficient evidence to exempt the payment of maintenance, and it is therefore important to state such circumstances in detail in the statement of claim.

The application should refer to existing legislation, in particular articles 119 and 120 of the Code of Civil Procedure. Since such cases are dealt with in civil proceedings, reference must be made to article 131 of the Code of Civil Procedure of the Russian Federation.

The statement concludes with the value of the claim, listing the annexes, the date, the signature.

There is another ground in which maintenance may be cancelledThis is the case where a child moves to live with the plaintiff, and in such a situation, the alimony payer is obliged to support the child fully.

It is also possible to file an additional claim for child support from the other spouse.

Example

The Tronov V.A. applied to the court in 2012 for exemption from maintenance. In 2002, the Tronov V.A. divorced his wife, Ivashchenko L.I., while their child, Tronova M.V., remained with his father. In 2010, Tronova M.V. moved in to live with her mother, so Ivashchenko L.I. filed an application for maintenance with the court.

On the basis of the decision of the Tronov Court, V.A. paid alimony. However, after living with his mother for a year, Tronov M.V. returned to his father in 2011. In considering the application of the Tronov V.A., the Court held that the exemption from the payment of maintenance by the Tronov V.A. was valid because the child was on his maintenance and the maintenance payments were paid to his former spouse, Ivashchenko L.I.

Annexes to the statement

In accordance with civil procedure law, any application filed with a court shall be accompanied by an annex, which shall be listed in the statement of claim itself.

For a claim for exemption from maintenance,need a copy of the statement of claimOne stays in court, the other is sent to the defendant. This applies to all the annexes, all of which must be in a double copy. The same should be added to the application:

• A copy of the plaintiff ' s passport;
• A copy of the marriage certificate;
• A copy of the divorce certificate.

Additional requirementsChild ' s documents- I mean:

• His birth certificate (copy).

It will be necessary:

The most important documents attached to the application are those that confirm the possibility of termination of maintenance payments, such as cheques, medical records, statements, medical and social examinations that recognize disability and so on; in general, these are all documents that can confirm the change in the material or family situation of both the plaintiff and the defendant.

If the child lives with the father (support payer), the child must be providedsupporting documentFor example, an extract from a home book (which can be requested from the city administration) would be suitable as such, and a family composition certificate, documents from educational institutions that the child attends, could also be provided.

And you still have to attach a receipt for the payment of the State duty.This is a binding document when filing a claim.

Procedure for applying for exemption from maintenance

As mentioned above, it is possible to apply for exemption from maintenance.and the alimony payer and the recipientHowever, in practice, there are usually situations in which the payer makes an application to cancel or reduce maintenance.

In order to file an application, it is necessary to determine the jurisdiction; most often, the claim is filed at the place of residence of the defendant, but the law does not exclude the possibility of applying for exemption from maintenance to the court where the recovery was ordered; this category of cases falls within the jurisdiction of the justices of the peace.

Once the application has been made and all the necessary documents have been collected to prove that the maintenance can be cancelled, the State duty must be paid.Two sets of documents are filed in court- One stays directly in court and the other is sent to the defendant.

As far as I'm concerned,Statute of limitationsfor this category of casesIt's not spreading.i.e., the claimant may apply for exemption from maintenance at any time, but if the parties have concluded an agreement to pay maintenance, in such a case the limitation period shall be three years from the date of termination of the said agreement.

After collecting a package of documents, they must be brought before the court in person and handed over to the office or sent all documents by mail with notice. Within five days of filing, the court must decide whether to consider the application and to set the time for the hearing.

What does the court draw attention to?considering an application for exemption from the payment of maintenance, first of all,weight of evidenceThis is why the evidence base — that is, all necessary documents — needs to be carefully collected.

In the trial, it will be necessary to provide witness statements, however, in any case.The court will take into account the child ' s interests and proceed on the basis of the child ' s financial security.The prosecution and guardianship authorities are often involved in this category of judicial proceedings, as the lifting of maintenance obligations may violate the child ' s right to financial security.

It is worth noting that, until the court order for exemption from maintenance comes into effect, the payer is obliged to perform maintenance obligations.

Example

In 2014, a citizen of Komarov, N.I., filed an application for exemption from maintenance. In the reasoning part of the application of Komarov, N.I., stated that he had been paying alimony for his daughter, who lived with his ex-wife, Levina O.A., for five years.

However, a citizen of Levin O.A. recently entered into a new marriage. Levina O.A. ' s spouse is an individual entrepreneur and has a stable high income. In this connection, N. I. Komarov requests the court to exempt him from paying alimony for his daughter, believing that his stepfather is currently in a position to provide her with material support.

In the present case, the court denied the claim to Komarov N.I., claiming that the child ' s father was Komarov N.I., and the stepfather was not the adopter; accordingly, it was the child ' s father who was obliged to provide for the child.

State responsibility for filing an application

The State duty must be paid by applying to the court for exemption from the payment of maintenance.The amount of the State duty is determined on the basis of the price of the claimIn accordance with article 91 of the Code of Criminal Procedure, it is calculatedOf the amount of maintenance payments due for one year.

After determining the cost of the claim, it is possible to calculate the amount of the State duty, and article 333.19 of the Russian Federation ' s Tax Code details the procedure for determining the State duty in different categories of cases.

In accordance with the provisions of this article, if the value of the claim is up to 20,000 rubles, the State will be required.4% of this amount.

If the cost of the claim is between 20001 roubles and 100,000 roubles, then the government service is already calculated differently: the obligatory payment is 800 roubles, plus 3 per cent of the sum exceeding 20,000 roubles, and so on.

So, for example,If the value of the claim is 15,000 rublesSince this amount falls into the category up to 20,000 rubles, the State duty must be 4% of 15,000 rubles. The calculation is 15,000*4 and then 600,000 divided by 100 = 600.State duty would amount to 600 rubles.

In any event, the amount of the State duty on the application for exemption from maintenance must be governed by paragraph 1 of part 1 of article 333.19 of the Code of Criminal Procedure.The State duty can be paid both in cash and in non-cash form.

The State duty is paid prior to the filing of the application to the court, since the receipt of payment is a binding document; if the payment is not submitted, the court may return the claim.

In practice, there are cases in which the claimant is unable to pay the State duty because of his difficult financial situation.with a request for a stay or a deadlineOn the basis of such a request, the court may grant a period of deferment or dissipation for a period not exceeding one year.

In accordance with our country ' s legislation, there are certainCategory of citizenswhich may beExcepted from the payment of the mistress.These categories, in accordance with the Russian Tax Code, include:

• The heroes of the Great Patriotic War;
• Heroes of the Soviet Union;
• Heroes of the Russian Federation;
• Persons with disabilities in the first and second categories.

In order to prove that the claimant is eligible for relief, it is necessary to providesupporting document.

Conclusion

Article 119 of the Russian Federation provides for the possibility of exemption from the payment of maintenance, which requires:

• Make a statementAn application for exemption from maintenance is made in accordance with the provisions of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of All Forms of Discrimination against Women, as well as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of All Forms of Discrimination against Women, as well as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of All Forms of Discrimination against Women.with requirementsart. 131 of the Russian Code of Criminal Procedure.
• Attach all necessary documents. The most important annexes are:documents confirming the possibility of releaseA list of the annexes should be included in the report of the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo.at the end of the declaration.
• Payment of State duty.Based on the price of the claimThe bill of payment for the public service must be attached to the claim.
• Submission of the application and its annexesI'm gonna go to court.Documents are submitted in person, to the office or to the post office.