The State is a compulsory payment of the budget charged to citizens for legally significant actions in their favour.
It is paid by the plaintiff who applies to the court in cases involving the award of maintenance or the review of the payment of maintenance.
In order to obtain a judicial perspective, the State is required to reduce the amount of maintenance or to set it aside in full by the correct requisitions.
The point of the question
Alimentations are referred to as payments in favour of close relatives unable to support themselves (minor children, disabled parents, grandparents, disabled persons, etc.) and a list of relatives who may claim material assistance is provided in the Family Code of the Russian Federation.
Changes in the amount of maintenance or the manner in which it is paid by the courts are permitted only if there are compelling reasons for doing so.These include:
- Reduction of disposable income;
- The severe illness of the maintenance payer and his or her disability;
- The debtor ' s new dependants, who also have claims for maintenance;
- The substantial increase in disposable income, which means that the child ' s payments under previous agreements have ceased to be in line with the amount of maintenance;
- To receive payments from a child who already has an income of his or her own;
- Other grounds provided for by the law in force.
The grounds listed above may give rise to recourse to a court to review payments both upward (such claims are usually filed by recipients) and downwards (most often requested by alimony payers).
On what is the size of the majesty?
The payment of the fee depends on the person in whose interest the claimant is acting; if a claim for maintenance is made, the applicant shall take care of the child ' s interests; therefore, he shall be exempt from the payment of the mistress; where the claimant requests a reduction in payment, he shall defend his own interests, which means that the fee in favour of the State will have to be paid.
In order to understand how the Minister of State can be calculated, it should be understood that there is no clear indication in the legislation in force as to how much payment is required for the reduction of payments, and there are two positions on this issue.
Amount of claim
First option:The cost of the claim is calculated on the basis of the value of the claim, in which case the price is equal to the amount by which the annual maintenance payments are to be reduced (art. 91, para. 6, of the Criminal Code of the Russian Federation).
A gradient of the amount to be paid shall be used:
- up to 20,000 rubles - 4% (400 rubles and more);
- 20-100,000 rubles - 800 rubles + 3% with more than 20,000 rubles;
- 100-200,000 roubles - 3,200 roubles + 2 per cent of the sum of more than 100,000 roubles;
- 200 to 1,000 rubles - 5,200 rubles + 1 per cent over 200,000 rubles;
- Over 1 million roubles - 13,200 roubles + 0.5% with an amount exceeding 1 million roubles (up to 60,000 roubles).
This approach seems to be quite fair, since each claimant is obliged to pay to the State Treasury an amount proportional to the expected material benefit.
It is clear, however, that the majority of citizens transfer between 1.5 and 5,000 roubles to the State Treasury, which has little impact on their budget.
Claims for alimony of several hundred thousand rubles for a Russian court are more exotic than a daily reality.
Fixed amount
Second optionIn order to calculate the fee, it is considered that the applicant must pay only 300 roubles when applying to the courts for any non-pecuniary claims.
Every citizen decides what position to take with regard to the payment of the Minister of State.
In practice, the majority prefers to pay at the minimum rate, i.e. 300 rubles; few decide to calculate the fee on the basis of the price of the claim, on the grounds that it is very difficult to determine correctly.
With a minimum payment, it is possible that the court will refuse to consider the case on the basis of a miscalculation of the State Ministry, and the plaintiff will have to calculate the amount of the claim on the basis of which the correct amount of payment will be determined and the missing amount will be transferred to the State Treasury.
Example of the calculation of the majesty
Maintenance as a percentage of income
A citizen of Spivakov, I. S., applied to the court for a reduction in maintenance due to the severe deterioration of his financial position (loss of work), and he was absolutely justified on the basis of the rules of article 119 of the Russian Federation.
The judge rejected the application without consideration, explaining that the amount of the fee had to be determined on the basis of the price of the claims, and the claimant therefore had to recalculate the Minister of State for payment on the basis of article 91, paragraph 1, of the Code of Criminal Procedure of the Russian Federation.
Now his calculations look like this:
- Spivakov ' s annual salary is 660,000 roubles (55,000 x 12).
- Every month, a citizen is forced to pay 25 per cent of his or her earnings to support his or her minor son - 13.75 thousand roubles (55,000 x 0.25).
- He transfers 165,000 roubles (13.75 x 12) to him in a year.
- In Spivakov ' s application, I. S. requested a reduction of 20 per cent to 132,000 roubles (660,000 x 0.20).
- The cost of the suit is 33,000 roubles (165000 - 132000).
- The State is responsible for the payment of 1,190 roubles (800 + (33,000 - 2,000) x 0.03).
Thus, the plaintiff reduced the amount of the government fee by 890 roubles, which he eventually had to pay to the budget.
A citizen has 7 to 15 days to pay for the supplement, depending on his place of residence; in order to meet the deadline, he must check his post office for notification; in any event, some 10 days after the application, he will ask whether the judge dismissed the complaint on the basis of the wrong calculation of the amount of the Minister's money.
If the payment period is missed, the documents will be returned to the applicant without consideration.
Once the deficiencies (in this case, the shortfall) have been corrected, they can be resubmitted to the judicial office.
Maintenances have a fixed size
If maintenance is paid in a firm amount, the calculation is clearly simplified.
A citizen of Kamyshin P. V. lists 15,000 roubles a month for his daughter ' s maintenance. Owing to the birth of twins in the new family, his material situation has deteriorated dramatically and he has applied to the court for a reduction of maintenance to 11,000 roubles.
The calculation of the amount required for payment to the Ministry of State is as follows:
- In the year, Kamyshin P. V. lists the daughters of 180,000 roubles (15000 x 12).
- The citizen wishes to reduce the amount of the annual payments to 132,000 roubles (11,000 x 12).
- The cost of the suit is 48,000 roubles (18000 - 132000).
- The State is responsible for the transfer of 1,640 roubles to the State Treasury (800 + (48000 - 20000) × 0.03).
Since Kamyshin P. V. intends to complete the trial as soon as possible, he has decided not to take any risk and to calculate the public service on the basis of the cost of the claim.
Allowances for payment of the fee
Some citizens are exempt from the payment of the State Ministry, which is a traditional category for the Russian Federation: disabled persons, war veterans, heroes of the USSR and Russia, cavaliers of the Order of Fame, and it appears from the list that an absolute majority of citizens are not exempt from paying a fee to the State Treasury.
If the plaintiff is exempted on any grounds from payment of the Minister ' s office, the defendant will be required to pay the relevant amount in the budget.
Method of disbursement
It's not hard to pay the mistress: there are a lot of ways to do that today.Among them are:
- Payment in cash in the office of any bank;
- Non-paper translation at self-service terminals;
- Transfer of funds through the official credit organization website using the Personal Office service;
- Cash payment at the post office.
No fee is charged for the transfer of payments to the budget.
It is recommended that a sample of the receipt should be taken from the office of the court or requested from the bank ' s specialist in order to carry out the translation according to the correct requisitions; attention should be paid to the correctness of the data entered in the following fields of the payment document:
- Payment identifier (if any);
- Name of recipient of funds;
- Its INN/CPT;
- BIC of the U.S. Bank of Russia;
- The calculation account of the budget recipient;
- BCF;
- F. I. O., I.N., the payer's address.
There are usually no difficulties in completing a document, the only thing the claimant needs in this case is care and thoroughness.
If there are no supporting documents (terminal checks, bank-marked receipts, payment orders, etc.), the documents will not be considered.
Conclusion
Legally literate citizens are guided by the fact that any litigation must be conducted as quickly as possible.
From this point of view, any postponement of the case is highly undesirable and material.
Therefore, in order to expedite the resolution of the matter, it is recommended that the State be calculated on the basis of the price of the claim, that it be transferred to the State Treasury in a timely manner and that a payment document be attached with bank marks to the application for a reduction in maintenance.
How do you calculate the government's reduction of maintenance?
Under the law, when there are valid reasons for alimonyers to change the amount of alimony payments, the State is obliged to pay the reduction of maintenance according to the rules set out in the Code of Criminal Procedure. Unlike the payment of alimony by the recipient, there is no exemption from the State contribution, but there is a list of citizens who are not required to pay.
Is there a claim for a reduction in the size of the State-Mighty Alimes?
According to the general rules, when filing a claim, the plaintiff is obliged to pay the public service in advance; this requirement does not apply only to women who have decided to collect alimony; they are exempt from payment.
Who pays for the majesty?
It is only the plaintiff who is liable for the payment of the State party ' s funds, and it is the plaintiff ' s responsibility to collect the money from the defendant in the event of a positive decision on the claim; the child ' s financial situation is deteriorating and the case is being considered in the interest of the payer.
The same is true of the case law on the increase of maintenance: only the plaintiff pays for the government service, even if the minor's mother is responsible for its role.
Amount of the State for the reduction of maintenance
There is a mistaken view that the payment of the Minister of State must be governed by the rules of article 333.19, paragraph 3, and the fixed amount of 300 rubles, which is fundamentally incorrect, as confirmed by the decision of the plenary of the Supreme Court of the Russian Federation of 26.12.
2017 No. 56 "On the application by the courts of the law in matters involving the recovery of maintenance", it states that in such a case the rules of article 333, paragraph 1, shall apply.
19 KNK of the Russian Federation to challenge transactions of a property nature where the amount of the duty depends on the price of the claim:
It's also important to know: How do we change the amount of maintenance?
Up to 20,000 rubles. | 4% of the value of the claim, but not less than 400 rubles. |
Between 20 and 100,000 rubles. | 800 rubles and 3 per cent of the sum over 20,000 rubles. |
Between 100 and 200,000 rubles. | 3200 and 2% of the sum of more than 100,000 rubles. |
Between 200,000 and 1 million rubles. | 5,200 and 1% of the value of more than 200,000 rubles. |
Over 1 million roubles. | 13,200 and 0.5% of the value of more than 1 million roubles. |
Lawyer, 12 years of age, specialization: family and inheritance law.
If the plaintiff had previously paid 300 rubles, but the court refused to register the claim on grounds of non-payment of the Minister ' s office, the missing amount would have to be supplemented by an additional sum. It is possible to deduct the previous payment into the total amount by applying for it. Copies of both receipts should be attached to the rest of the documents.
How do you calculate the price of the suit?
A free legal consultation will answer your question in five minutes!
This is done in accordance with article 91, paragraph 1, of the Code of Criminal Procedure:
- The amount of maintenance to be reduced is calculated, taking into account a period of up to one year.
- The result is multiplied by the number of per cent in accordance with article 333.19, paragraph 1, of the CNC of the Russian Federation, which provides specific indicators for the calculation of the Ministry of State.
- A fixed sum is added to the total, in accordance with article 333.19 of the CNC of the Russian Federation.
Examples of the calculation of the public service when the amount of maintenance is reduced
In order to understand the details of the calculation, practical examples are sufficient to avoid errors in the calculation of the State payment, and it is necessary to follow the instructions provided above.
Calculation of the State ' s contribution to a flat maintenance reduction
Hermakov ' s spouses were married in 2010 and their son was born in 2011, and the divorce took place in 2015, at the same time as the dissolution of the marriage, the woman demanded that maintenance be recovered from the man in a solid amount of money, since it was not possible to determine the exact amount of his earnings.
After hearing the case, the court ordered the defendant to pay a sum of 11,000 rubles (the subsistence minimum in the region), and the father paid maintenance for the child until 2017, but his earnings were reduced in March, and he decided to reduce the payment by changing the method of payment with a fixed share.
The average wage is 30,000 rubles, the child will receive 25 per cent or 7,500 rubles under the law, and the previous payment amounts to 11,000 rubles in a firm amount.
How the price of the claim is calculated:
11000 x 12 (mix) = 132,000 – the amount he would have paid for a child in one year.
- 7,500 x 12 = 90,000 is the sum payable for 12 months if the claim is successful.
- 132,000 – 90,000 = 42,000 – the value of the payer's claims.
- The State is calculated as follows:
- 42,000 – 20,000 = 22,000 – should be calculated.
- 22,000 x 3 per cent = 660
660 + 800 (fixed part) = 1,460 roubles. -Total.
Calculation of the State ' s contribution to the reduction of maintenance as a percentage of wages
In 2005, a minor's wife had a daughter, and they divorced when the child was five years old. 17,500 rubles were collected by the woman at the same time as the divorce proceedings, and the court ordered the man to pay 25 per cent of the salary of 70,000 rubles. - 17,500 rubles each month.
In 2012, a man was disabled and unable to work; the disability benefit amounted to 9,000 rubles, but this does not exempt him from maintenance obligations.
In order to reduce the child ' s benefits, the payer filed a claim with a certificate of incapacity.
The claims state that the calculation must be based on the size of the capacity and he may list 2,250 roubles instead of 17,500 roubles.
The calculation of the price of the claim was as follows:
- 17,500 x 12 = 210,000 – received a mother to support the child if the former spouse had not filed a claim for a reduction in maintenance.
- 2250 x 12 = 27,000 will be paid for the year in which the claim is settled.
- 210,000 - 27,000 = 183,000 = amount of claims.
It's also important to know: mortgage and child support.
- How is the majesty calculated:
- 183,000 – 100,000 = 83,000 – the sum to be calculated.
- 83,000 x 2% = 1660 – floating part.
1,660 + 3,200 (fixed part) = 4,860 roubles.must list the plaintiff.
Calculation of the State ' s contribution to the reduction of maintenance at the birth of a second child
A man's first child was born in 2007, but when his daughter was six years old, his parents divorced, and he started paying hard maintenance – 15,000 rubles. In 2015, the payer had a son, which made his financial situation worse – had to provide for him and his wife in a decree, his salary had been reduced, and the money was barely enough.
The man decided to reduce the amount of the payment by changing the method of the penalty from hard to equity, his salary being 50,000 rubles per child, in which case 25 per cent is paid, and the alimony must be reduced to 12,500 rubles.
The price of the claim is calculated as follows:
- 15,000 x 12 = 180,000 is the money that the former spouse received to support his common daughter in 12 months.
- 12,500 x 12 = 150,000 is the sum that will be transferred with a favourable decision of the court.
- 180,000 - 150,000 = 30,000 - the price of claims.
- The State is defined as follows:
- 30,000 – 20,000 = 10,000 – the calculation figure.
- 10,000 x 3% = 300 is the floating part.
300 + 800 (fixed part) = 1,100 roubles to be paid.
Possible benefits
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Art. 333.
36 of the CNC of the Russian Federation defines the range of persons entitled to benefits for the payment of the State Ministry, but they are usually directly related to the resolution of problematic issues on the grounds on which they were granted privileged status.
For example, combat veterans do not pay the government fee only if the action is governed by the Veterans Act, pensioners – if the defendant is the Pension Fund or the NPF.
The legislation allows for the granting of public benefits by the regional authorities, and it is therefore necessary to study local legal acts before making a declaration, most often by the Cavaliers of the Order of Fame, the Heroes of the USSR or the Russian Federation, the disabled of one or two groups, the participants and the veterans of hostilities.
It's important to know!
- Each case is individual and requires separate attention. The information presented on the website is general and does not provide a guarantee that your problem will be solved.
- We are closely following legislative changes and trying to make timely changes, but this is not always fast.
So there's a 24-hour legal aid service for you right now.
The State is responsible for the reduction of maintenance.
The position of the courts is as follows:
The State is calculated from the amount by which maintenance is reduced (from the price of the claim).
Example of calculating the amount of the public service to the court when applying for a reduction in maintenance
- A person who pays 10 000 roubles per month requests the court to reduce the alimony to 5,000 roubles per month.
- Thus, the claimant pays 120,000 roubles (10,000 x 12) per year.
- Asks him to collect 60,000 roubles (5,000 x 12)
- The difference between the amount paid per year (120,000 rubles) and the amount requested by the claimant for recovery (60,000 rubles) is 60,000 rubles, which is the value of the claim.
- We're counting on the mistress to go to court.
In accordance with article 333.19 of the Tax Code of the Russian Federation (as at 15.09.2015), the Russian Federation is a party to the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Discrimination against Women, the Elimination of Racial Discrimination against Women, the Elimination of Discrimination against Women, the Elimination of Discrimination against Women, the Elimination of Discrimination against Women, the Child and the Elimination of All Forms of Discrimination against Women,
), in cases considered by the Supreme Court of the Russian Federation in accordance with the civil procedural law of the Russian Federation, the courts of general jurisdiction, the justices of the peace, the State duty is paid in the following amounts:
(1) When filing a property claim to be evaluated at the price of the claim:
- up to 20,000 roubles - 4 per cent of the value of the claim, but not less than 400 roubles;
- Between 20,001 roubles and 100,000 roubles - 800 roubles plus 3 per cent of the sum exceeding 20,000 roubles;
- Between 100,001 roubles and 200,000 roubles - 3,200 roubles plus 2 per cent of the sum exceeding 100,000 roubles;
- From 200,001 roubles to 1,000,000 roubles - 5,200 roubles plus 1 per cent of the sum exceeding 200,000 roubles;
- More than 1,000,000 roubles - 13,200 roubles plus 0.5 per cent of the sum exceeding 1,000,000 roubles but not more than 60,000 roubles;
Thus using the above formulas (orby the calculator of the public serviceIn our example, at the cost of a claim of 60,000 roubles, 2,000 rubles of the public service are paid.
Law and jurisprudence
Tax legislation exempts only persons from the payment of a public serviceRetrieving alimonyPersons who require a reduction in the amount of maintenance or who are obliged to exempt from payment are obliged to pay the State Ministry.
In accordance with article 91 of the Code of Criminal Procedure, the price of the claim is determined by: claims for the reduction or increase of payments and extraditions on the basis of the amount by which payments and issuances are reduced or increased, but not more than one year; claims for the cessation of payments and extraditions on the basis of the sum of the remaining payments and the issuer, but not more than one year;
For example, the Sverdlovsky Regional Court's Bulletin of Judicial Practice in Civil Cases for the Third Quarter of 2012, approved by a decision of 21.11.2012 of the Presidency of the Sverdlovsk Regional Court, provided an answer to the question:
"14. Is the person suing for maintenance always exempt from the payment of the State duty?
By virtue of article 333, paragraph 2, paragraph 1, of the Covenant.
36 The tax code of the Russian Federation does not exempt persons who are obliged to pay alimony claims for the payment of maintenance debts, debt relief and other claims based on the provisions of articles 114 and 119 of the Family Code of the Russian Federation, since the tax law exempts only claimants who require payment of maintenance.
No exemption is granted from the payment of the State duty of a person who is obliged to pay alimony, and by virtue of article 333.3, paragraph 15, paragraph 1, of the Tax Code of the Russian Federation, since the plaintiffs act in their own interest rather than in the child's interest in seeking relief from the payment of maintenance arrears.
More detailed explanations can be found in paragraph 19 of the compilation by the Altai Regional Court of case law on the application of the rules of the Code of Civil Procedure of the Russian Federation and the Tax Code of the Russian Federation on judicial expenses.
"Is the State duty benefit provided for in article 333.36, paragraph 1, paragraph 2, of the Code of Criminal Procedure extended to claimants in claims for change in the amount of maintenance, exemption from payment of maintenance, recovery of damages and determination of arrears in the payment of maintenance?
In accordance with article 333.36, paragraph 2, of the Code of Criminal Procedure, claimants are exempt from the payment of State duties in respect of claims for maintenance.
Thus, the tax law exempts the plaintiffs from the payment of the State duty only in cases of maintenance disputes.
114, 119 of the Family Code of the Russian Federation, art.
102 Federal Act No. 229-FZ of 2 October 2007 on executive proceedings is not exempt from payment of State duties on the basis of this provision.
The plaintiffs are not covered by article 333.36, paragraph 15, of the Code of Criminal Procedure, since the plaintiffs act in their own interests and not in the interests of the child.
The exception is the requirement to increase maintenance for minor children and to recover damages for late payment of maintenance for minor children, in which the plaintiffs, acting on behalf of the children, are exempted from paying the State duty in accordance with article 333.36, paragraph 1, paragraph 15, of the Code of Criminal Procedure.
The requirement to reduce the amount of maintenance and to exempt it from payment should be regarded as property, subject to an assessment, and in accordance with article 333.20, paragraph 2, of the Code of Criminal Procedure, the price of a claim for a reduction in the amount of maintenance should be determined in accordance with the rules of article 91, paragraph 6, paragraph 1, of the Code of Criminal Procedure, on exemption from payment of maintenance, in accordance with article 91, paragraph 7, paragraph 1, of the Code of Criminal Procedure.
This position is based on the explanations given in paragraph 6, paragraph 6, of the Decision of the Plenum of the Supreme Court of the USSR of 18 March 1963 N 4, "On the elimination of shortcomings in the practice of collecting civil and criminal court expenses" (in force insofar as it is not contrary to the Criminal Code of the Russian Federation), and is supported by the practice of the courts of other regions (Permsk province, Kemerovsky province).
If there is a current position of the highest judicial authority, other options for calculating the State duty (in accordance with article 333.19, paragraph 1, paragraph 14, of the Criminal Code) are not applicable to applications for the recovery of maintenance or in accordance with article 333.19, paragraph 3, of the Criminal Code).
On a claim for damages, the State duty to be collected from the defendant in the event of a claim is calculated in accordance with article 333, paragraph 1, paragraph 1.
19 NCS of the Russian Federation, as a matter of property claims subject to assessment (no judicial decisions on the recovery of damages for generalization have been submitted, the practice of other regions shows precisely this calculation of the State duty)."
Explanations by the Armed Forces of the Russian Federation in 2017
Paragraph 5 of the Decision of the Plenum of the Supreme Court of the Russian Federation of 26 December 2017 N 56 on the application of the law by the courts in cases involving the recovery of maintenance contains the following explanations:
The rules on the payment of State duty, as defined in article 333, paragraph 1, paragraph 1, apply to claims by persons who are required to pay alimony, to change the amount of maintenance ordered by the court or to exempt them from the payment of alimony.
19 KNK of the Russian Federation for a claim of a property nature to be evaluated, in accordance with article 333, paragraph 1, subparagraph 2.
The price of a claim for a reduction of maintenance is determined in accordance with the rules of article 91, paragraph 1, paragraph 6, of the Code of Criminal Procedure and article 91, paragraph 7, of the Code of Criminal Procedure for the payment of maintenance.
In filing a claim for damages for late payment of maintenance for minor children, the claimant shall be exempt from payment of the State duty pursuant to article 333, paragraph 1, subparagraph 15.
36 CNC of the Russian Federation, since the claim is filed in defence of the rights and legitimate interests of the child, the State duty to be collected from the defendant if the claim is successful is calculated in accordance with article 333, paragraph 1, subparagraph 1.
19 KNK of the Russian Federation as a claim of a property nature to be evaluated.
- Recommended articles on:
- Reduction of child support.
- Child support from salary and without income
- I'm gonna go to court to collect alimony damages.
- Statement of claim for reduction of maintenance (model)
- Claim for reduction of maintenance
Alexander Otrokhov, Logos Law Center (Omsk), 16.09.2015.
How do you calculate a reduction in maintenance in court?
- Claim for reduction of maintenance: 7 legal grounds for whom and how to file an application in order to calculate the State party ' s example.
- The structure of the suit against the package of documents is a model application for reduction of maintenance in the 4 stages of the 3 important nuances before the court of 4 reasons for refusal.
- The payment of child support is a necessary measure as a result of the refusal of one parent to fulfil his or her direct responsibilities towards the child.
- The process of awarding payments goes through the court and is determined in accordance with the requirements of the injured party.
- The defendant is not always able to raise the amount of the judicially determined sum financially.
- This issue is particularly relevant for long time periods, when the "then" income statements and the present vary greatly.
- The only way out of this is through a claim for a reduction in maintenance.
- Today, we will reveal all the nuances of this procedure, as well as provide you with practical guidance on the organization of the claim and the collection of the documentation required for it.
- A model of a claim for reduction of maintenance will provide a good example and help you to file a claim even without the help of a lawyer.
- There are no loopholes in the legislative system that allow the parent to pay alimony to reduce the amount of assistance on his or her own.
Reduction of maintenance in court practice 2018
- Alternatively, you can find a relationship with your mother/father, and you can agree to adjust the payments.
- But in the legal field, this operation will have no effect, and in the first scandal, you may be subjected to a statement of evasion, which will only aggravate the already difficult state of affairs.
- So if you're in a difficult situation that forces you to review the size of the elements, you're gonna have to do everything by the law.
- Statistics say that there are three times as many applications to the court for reduction of maintenance as there are claims by recipients for increased monetary penalties against the father.
- The legal basis for both the former and the latter is set out in article 81 of the UK of Russia (If one of the above-mentioned grounds has occurred in the life of the payer, a person can safely submit a claim for a reduction of maintenance to the judicial authority.
- It is also necessary to know the reasons why no action can be brought: the above-mentioned reasons should be distinguished from those legally established.
- No court will rule in your favour if the evidence is not based on a legislative basis, but on the plaintiff's personal interests.
- Almost 100 per cent of claims for reduction of maintenance are made by the natural person who has the obligation to pay them.
- The version of the claim from the party receiving the alimony is too illogical and cannot be taken seriously, but jurisprudence shows that the claims in question are, on average, 1 in 10,000.
The area should be specified in advance; you can find the institution you need by using the electronic register: the table above will help you to calculate the state duty in just a few minutes.
- In order to fully understand the issue, I would like to offer you an example of the calculation of a fee based on a typical claim for a reduction in maintenance.
- An action that has already been filed can be withdrawn by filing an application with the office of the judicial authority to which the document was sent.
- Non-signed papers are also submitted for adjustment within 5 days, after which the claimant may re-apply the documents.
- The main purpose of the plaintiff is to present the circumstances in a sound manner, and by clear language and references to the legislative framework, it will be much easier to prove itself in court.
- Judges do not like it when one of the parties tries to attach an emotional factor to the case, so it is necessary to draft a statement of claim in a business-style manner and to adhere to all the canons in this direction.
- If there are minor inaccuracy in the application, the claim may pass.
- But if there are serious structural errors or unreliable information about the parties to the case, it's gonna be all over again.
- The standard time limit for the transaction in question, as in any jurisdiction, requires the claimant to collect facts that support the reasons stated in the statement of claim.
- The more arguments in your favor, the better the chance of a reduction in maintenance.
- In the table below, we have drawn up a list of mandatory documentation to be attached to the claim.
How do you calculate the government's reduction of maintenance?
- In order to fully understand the issue, I would like to offer you an example of the calculation of a fee based on a typical claim for a reduction in maintenance.
- An action that has already been filed can be withdrawn by filing an application with the office of the judicial authority to which the document was sent.
- Non-signed papers are also submitted for adjustment within 5 days, after which the claimant may re-apply the documents.
- The main purpose of the plaintiff is to present the circumstances in a sound manner, and by clear language and references to the legislative framework, it will be much easier to prove itself in court.
- Judges do not like it when one of the parties tries to attach an emotional factor to the case, so it is necessary to draft a statement of claim in a business-style manner and to adhere to all the canons in this direction.
- If there are minor inaccuracy in the application, the claim may pass.
- But if there are serious structural errors or unreliable information about the parties to the case, it's gonna be all over again.
- The standard time limit for the transaction in question, as in any jurisdiction, requires the claimant to collect facts that support the reasons stated in the statement of claim.
- The more arguments in your favor, the better the chance of a reduction in maintenance.
- In the table below, we have drawn up a list of mandatory documentation to be attached to the claim.
The State is responsible for the reduction of maintenance in 2023
- For each document, the number of copies should be consistent with the list of participants in the process.
- When a judge takes up your question on the reduction of maintenance, it will be necessary to send a folder of documents and the defendant ' s side so that he can get to the bottom of the matter and prepare for the court hearing.
- This statement does not differ much in general from a standard property claim.
- Clear rules of procedure, as well as all subtleties in the drafting of the document, are better decided with the assistance of specialists or in accordance with the Civil Law Code.
- If your goal is to save on the services of lawyers, the sample below will be as good for you as possible.
- The document highlights the key points of the claim for reduction of maintenance.
After 20 to 30 minutes ' notice, it is possible to draw up a valid version of the claim and then attach the necessary documents and send the package to the judicial authorities for preliminary consideration; the application is admissible only after its preliminary approval.
A model of a claim for reduction of maintenance can also be found in the Office of the Judicial Divisions, the purpose of which is to prevent inaccuracy in the action, which may affect the speed at which the case is heard.
Each court is required to have a list of all the required templates and papers that will be required to bring the claim before it can be considered. You will find clear rules on this matter in article 154 of the Russian Civil Code: the nuances that have not yet been worked out can play an evil joke with the plaintiff.
- Therefore, if your claim for reduction of maintenance has a high chance of success, be very careful about the preparatory phase.
- It's impossible to take all the moments into account, but everyone is able to protect themselves to the maximum against unforeseen situations in court.
- In what cases could the amount of maintenance be reduced?
- How can payments for their children be reduced, and for what purpose?
- The legislation protects single-parent children.
Such children must receive maintenance from the father (provided that they live with the mother) and from parents who refuse to pay for their own children ' s maintenance a separate conversation.
And what if a father regularly gives a percentage of his salary, helps the children as much as he can, and suddenly, he has changed his life situation (he lost part of his ability to work, he has a child in another family, etc.).
In this case, it is necessary to file a claim with the court for a reduction in monthly payments.
It is well known that a list of documents, including a receipt of payment of State duties, must be attached to the claim.
On the other hand, the maintenance proceedings do not require the payment of a State fee; the State contribution is paid, but it is recovered from the loser, who is 99.9 per cent of the defendant.
How do we calculate the government service that will have to be paid for the reduction of maintenance, because in this case the plaintiff acts in his own interest, and thus the claim is deemed to be property.
How do you calculate the government's reduction of maintenance?
We will then consider how the government's budget is calculated to reduce maintenance in 2023.
In which cases the maintenance payments may be reduced by a court decision; before filing a claim and paying the Minister of State, it is necessary to examine in detail the reasons that the court records as being respectful of the plaintiff ' s requirements.
- Legal illiteracy can sometimes play an evil joke with a person.
- Unjustified claims would result in the rejection of the claim.
- Being an entrepreneur doesn't mean you're gonna be able to support yourself from one to the next.
- The court hearing will examine the child ' s earnings in detail and decide on the basis of them.
- In the event of a reduction in maintenance due to the fact that the father has a child in another family, there are also nuances.
- In order to share the money calculated from the parent's salary among all the children, an executive list must be drawn up for each of them.
The judge may also reduce maintenance payments for other reasons if he considers the plaintiff's arguments to be worthy of attention. You can file a suit under the second option: payment of fixed three hundred rubles (in non-pecuniary claims), but the court will most likely "offer" to pay the missing amount.
There are two options for calculating government contributions when filing a claim for reduction of maintenance.
In this case, the State is dependent on the amount of the claim and is calculated as follows: For example, if the amount of maintenance is reduced by 30,000 (per year), the cost of the public service will be 800 roubles.
All questions about maintenance can be consulted free of charge by the on-call lawyer of the website.
We will then consider how the government's budget is calculated to reduce maintenance in 2023.
In which cases the maintenance payments may be reduced by a court decision; before filing a claim and paying the Minister of State, it is necessary to examine in detail the reasons that the court records as being respectful of the plaintiff ' s requirements.
- Legal illiteracy can sometimes play an evil joke with a person.
- Unjustified claims would result in the rejection of the claim.
- Being an entrepreneur doesn't mean you're gonna be able to support yourself from one to the next.
- The court hearing will examine the child ' s earnings in detail and decide on the basis of them.
- In the event of a reduction in maintenance due to the fact that the father has a child in another family, there are also nuances.
- In order to share the money calculated from the parent's salary among all the children, an executive list must be drawn up for each of them.
The judge may also reduce maintenance payments for other reasons if he considers the plaintiff's arguments to be worthy of attention. You can file a suit under the second option: payment of fixed three hundred rubles (in non-pecuniary claims), but the court will most likely "offer" to pay the missing amount.
There are two options for calculating government contributions when filing a claim for reduction of maintenance.
In this case, the State is dependent on the amount of the claim and is calculated as follows: For example, if the amount of maintenance is reduced by 30,000 (per year), the cost of the public service will be 800 roubles.
All questions about maintenance can be consulted free of charge by the on-call lawyer of the website.