Statement of claim to change the amount of alimony (sample)

Cases concerning legal relations between family members are the most complex in modern legal practice. Most often, the subject of dispute is the collection of alimony from one of the parents.

The amount that was previously agreed upon by the parties may not be relevant over time. Therefore, due to a number of factors, the amount of such payments may be revised.

If an agreement is reached between the parties, then the changes are reflected only in the alimony agreement. Otherwise, going to court is required.

General provisions

Paying child support is the direct responsibility of the child’s father, even if parental rights are deprived. The size of such payments can be influenced by a number of factors, ranging from the level of income of the payer (a certain percentage that should be given to support the child) and ending with the number of dependent minors who are related to him by blood. A revision of the amount of alimony payments can occur in two cases:

1. The recipient considers the amount of funds received to be insufficient to support a small child.
2. Due to low income, the alimony holder is not able to pay the pre-established amount monthly, demanding its reduction.

By decision of the court, it is possible to either increase or decrease alimony payments. But for this, the applicant must have compelling reasons. Otherwise, the claim to change the amount of alimony will not be satisfied.

Grounds for going to court

Both the payer of alimony and the recipient can initiate a court hearing. The current legislation does not define specific circumstances that are sufficient to initiate legal proceedings. The most common reasons for reducing or canceling payments are:

• A decrease in income due to a decrease in salary and the inability to pay the previously accepted fixed amount of alimony (for this you need to provide the court with a certificate of salary and position).
• Poor health, including due to disability, which makes work impossible.
• Death or recognition of the payer as incompetent (in the second case, he may be completely exempt from making payments).
• Rising prices for food and utility bills while maintaining income.
• The appearance of another dependent or the need to care for an elderly family member.
• Loss of the opportunity to have a regular income (the father’s monthly income does not reach the amount established by the minimum wage).
• Receipt of state assistance for minors, which is completely sufficient for their needs.
• Too high of a payer's income may also be grounds for reducing the amount of alimony in a shared equivalent (if the amount of payments exceeds the child's needs three times).
• If, from the age of 16, the child began to engage in activities that bring him a stable income (shares in the business, rental housing and shares that can fully or partially cover the needs of the minor are taken into account).
• If the alimony payer is declared incompetent (we are talking about disability of the first and second groups, which do not allow the citizen to lead a normal working life).

The following factors may indicate the need to increase alimony payments:

• Lack of funds received to meet all the needs of the child relative to the subsistence level (including due to inflation).
• An increase in the payer’s salary, which is the main reason for increasing alimony payments.
• The emergence of a new source of income for the payer.
• Health problems for a minor, in particular when he is diagnosed with a disease that requires expensive and lengthy treatment.
• Loss of work by the child’s mother (in this case, she may demand that the father allocate a certain amount of funds for her maintenance).
• Any other grounds that can be documented.

Regarding Article 119 of the Family Code of the Russian Federation, a change in the family composition or financial situation of one of the parties can lead to a revision of the amount of alimony payments determined previously. Once the child reaches adulthood, all obligations of the father to him cease.

The procedure for changing the amount of payments

Depending on the form of making changes, the new amount of alimony can be established either voluntarily or compulsorily:

1. In the first case, we are talking about drawing up an alimony agreement. This is a document that is drawn up when there is an agreement between the parties regarding the amount and frequency of payments. It is signed by the payer and the recipient.
2. If the parties do not reach a compromise, then the amount of payments is determined through the court. To challenge such a decision, you will have to file a second claim.

Regarding the previous two points, the amount of payments can be reviewed and changed in two ways:

1. If there is an alimony agreement, certain changes are made to this document. But this is only possible if there is an agreement between the parties. If there is no agreement, the document is canceled and the case is sent to court.
2. If the amount of payments was previously determined by the court, then, even with mutual consent of the parties, a subsequent change in the procedure for collecting alimony becomes possible only as a result of an appropriate court decision. To do this, it is necessary to file a statement of claim, which can be drawn up by both the payee and the payer.

Sample of drawing up a statement of claim

Download the application form for a reduction in alimony payments

It should be understood that any application to the court is a serious and responsible step, and therefore it is very important to correctly fill out the petition, supporting it with a complete list of necessary documents.

Unfortunately, cases of refusal to consider a case due to an incorrectly filed claim or incomplete supporting documentation are not uncommon.

And to avoid this, it is necessary to draw up a statement following the following sequence:

• The document begins with a header, which indicates the name of the court institution where the claim to change the amount of alimony is filed.
• Data of the parties - full name of the plaintiff and defendant, their place of residence (by registration and registration).
• Cost of the claim (we are talking about the amount that must be recovered from the defendant).
• The title of the document is written in the middle of the line: “Statement of Claim to Change the Amount of Child Support.”
• Next, it is necessary to describe the circumstances, starting from the moment of the birth of the child, the divorce, the conclusion of an agreement, or the court’s issuance of an appropriate order to pay alimony.
• Indicate the current amount of payments and their order.
• Describe the circumstances that prompted you to increase or decrease the amount of payments (this could be either a lack of funds to support the child, or the difficult financial situation of the payer).
• Support the requirements with documents by providing the relevant papers.
• Express a demand to the court to change the amount of payments.
• List the documents attached to the statement of claim.
• Finally, a date and signature are affixed.

It is necessary to create so many copies of the application that there is enough for each of the persons taking part in the process. Each copy of the claim is accompanied by a complete set of documents, which includes the following:

• a copy of the passport of representatives of both parties;
• a copy of the birth certificate of the child in whose name alimony is paid;
• if the marriage took place and was dissolved, then documents confirming these actions are required;
• documentary evidence of the grounds for increasing or decreasing the amount of alimony (health circumstances, financial problems, changes in family life);
• papers on the basis of which alimony is paid (alimony agreement or court order).

The exact list of documents provided must be reflected in the statement of claim. If an incomplete package is submitted, the court may refuse to consider the case.

About payment of state duty

An obligatory annex to the claim is the payment of the state duty. Its amount is determined by the relevant provision of the Tax Code of Russia and depends on what the cost of the claim will be. The latter is the difference between the current amount of alimony payments and the planned one. The annual figure is taken as a basis.

The current legislation has adopted a minimum and maximum fee. The minimum is 400 rubles, while at the upper limit a citizen may have to pay 60 thousand rubles.

Nuances of judicial practice

Regarding Article 23 of the Civil Procedure Code of the Russian Federation, all cases arising on the basis of family legal relations are considered within the framework of the magistrate's court. The claim is filed at the place of residence of the defendant. If, for good reason, the plaintiff is unable to submit documents at this address, then he can do this at the court branch of his district.

It should be understood that the court always takes the child’s side. In addition, during the proceedings there must be a representative of the guardianship and trusteeship authorities who will monitor the cleanliness of the court hearing.

If the reasons for which the petition was filed really turn out to be valid, then changes are quite possible.

What is an objection and how to file one

According to statistics, in most cases, a claim to increase alimony payments is filed at the initiative of the recipient of the funds. And the payer is most often dissatisfied with such a decision.

But there are situations when increasing the amount of alimony is simply impossible. This may have a number of objective reasons. In this case, the defendant has the right to file a return to the statement of claim.

The reason for such actions may be:

• whether the defendant has other dependents who also need financial support;
• a disease due to which a citizen suffers material losses or is forced to work less;
• birth of a child;
• permanent or temporary incapacity, etc.

It is very important that such a document not only contains justified reasons for the impossibility of increasing payments, but also indisputable confirmation of this. An objection is written using the following template:

1. The header of the form indicates the name of the institution to which the application is submitted and the person acting as the applicant. The civil case number, details of the plaintiff and defendant must also be present here.
2. In the center of the line is written the phrase “Objections to the claim.”
3. The text of the objection begins with a list of claims. After this, it should be indicated that the defendant does not agree with them for certain reasons (can be described point by point).
4. Finally, it is necessary to provide evidence confirming the impossibility of increasing alimony.
5. After this, the requirement is indicated: “Based on the above data, I ask you to refuse to satisfy the claim in full.”
6. The following is a list of documents that are submitted along with the objection.
7. Date and signature.

An objection may be filed by any party who does not agree with the adjustments to the amount of alimony payments. To satisfy such a request, evidence must be provided to the court.

A claim to change the amount of alimony will be satisfied only if there are compelling reasons for this. It is very important to pay attention to the specifics of drawing up a petition and collect a complete package of documents necessary to begin legal proceedings. The execution of the sentence will be monitored by a bailiff.

Changing the amount of alimony: grounds, sample statement of claim

As you know, family legal relations always arise between official spouses.

One of the provisions of family law is the obligations of spouses to support minor children who were born in a legal marriage, as well as each other, regardless of whether the union is dissolved or intact.

Most often, child support obligations between parents and children arise in the event of a divorce between parents and children. Since these obligations have a long-term perspective, throughout the entire period various financial difficulties may occur in the family of the alimony payer or, conversely, an increase in the quality of life.

In both of these cases, the Family Code regulates changes in the amount of alimony, their re-indexation following the subsistence minimum, or reduction due to life difficulties.

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In this article we will analyze the grounds for changing cash payments and consider a sample application for changing the amount of alimony.

Rules for calculating payments

Despite the fact that legislative initiatives favor changes to the procedure for paying spouses’ financial obligations, strict grounds and an algorithm for its implementation are specified for this operation.

To get justice to decide the issue of changing the amount of alimony, you should file a claim with the appropriate authority. The initiator can be any of the spouses.

The exceptions are the unemployed, the disabled and large alimony payers.

They are charged an amount that is feasible for their earnings, which in itself barely reaches the minimum wage, if there is any income at all.

First of all, the recipient's level of need must be assessed. So that it covers all the costs of maintaining a dependent.

If there is a change in the amount of mandatory payments for children, a new agreement is concluded, which specifies the current procedure, amount, and period. It is more difficult to make adjustments to a writ of execution issued by a court decision.

To do this, you need to file a claim to change the amount of alimony and hold another court hearing, following which a new decision will be made with an approved procedure for fulfilling obligations.

The legislative initiative regulating how to change the amount of alimony is contained in Article 119 of the Family Code of the Russian Federation. The article states that the alimony payer may demand a reduction or increase in monetary obligations during the trial or after the announcement of the court decision for the entire period of performance of his duties.

This provision gives the right at any time in life to appeal to legal proceedings to equalize the material rights of former spouses and children.

• There are two possible ways to re-register payments: automatic and using legal proceedings.
• In the first case, payments are indexed along with changes in the federal or regional subsistence level, following which, as a rule, all income of the payer increases.
• Accounting will be able to automatically index payments for family obligations if they were established in shares of earnings by agreement of the parties or in court.

When changing the amount of mandatory payments for a child, their expression remains the same - a share or a fixed amount.

Decrease

Under a voluntary agreement, the payer undertakes to pay an amount that is a multiple of the subsistence minimum or part of the salary, in proportion to the number of dependent offspring.

In any procedure for the payment of funds (contractual or judicial), a person is obliged to resort to legal proceedings if he wishes to reconsider the extent of his obligations.

Attention ! The administration of the organization in which the payer is employed cannot make adjustments to the writ of execution and change the amount of funds paid until a new court decision is made.

Thus, the payer can submit an application to change the amount of alimony towards the smallest in the following cases:

• the income is too high and the interest paid exceeds the child’s means of subsistence;
• income was sharply reduced, subsequently paying for life support for children in a fixed amount became an unbearable financial burden for the debtor;
• in the debtor’s family, new persons of the first priority to receive maintenance have appeared (children from a new marriage, adopted minor children, disabled parents, spouse and other relatives may be dependents);
• the payer provides care for a disabled person of group 1 or 2;
• the payer supports dependent children from different marriages;
• dependent is adopted;
• the debtor has lost his ability to work or has been declared incompetent.

In all of the above cases, a citizen obligated to provide material support has the right to demand a reduction in it or a complete removal of obligations.

To carry out this action, the interested party submits an application for a court order. The process takes place without any trial or participation of the parties.

1. The judge makes a decision independently on the grounds set out in the application to change the amount of alimony (we have prepared a sample below) and Article 117 of the RF IC.
2. An increase in the amount of monetary compensation in favor of the recipient of payments occurs in cases of serious unplanned changes in his family or financial status, or state of health.
3. The provisions are confirmed by Articles 101 and 119 of the RF IC.
4. In other words, when emergency situations arise, when the recipient of funds requires medical care or other care, but his income is below the subsistence level and does not cover even the slightest needs, the person is in poverty.

The recipient can request an increase in financial assistance using a statement of claim to change the established amount of alimony. In it, he indicates the reasons for the current financial situation and his requirements for the alimony payer.

There is a situation where the debtor pays for the maintenance of several dependents. These can be not only children, but also disabled parents, ex-spouses, brothers and sisters, grandparents - that is, other family members.

In this case, a redistribution of the funds paid for the provision of material support is provided so that the person in greater need of help begins to receive more funds.

When paying alimony in a fixed amount, one of the ways to naturally increase it following the subsistence level is indexation. It is carried out by the accounting department of the enterprise where the payer works, or by an individual entrepreneur independently under the guidance of the FSSP.

How to apply

As stated above, this issue is resolved in court, based on the submitted application. The structure of the claim is a list of rules that it must comply with. They are enshrined in Articles 131-132 of the Code of Civil Procedure of the Russian Federation.

According to these articles, a sample statement of claim to change the amount of alimony contains the following:

1. Data about the court: name of the authority, number of the site, to whom the claim is addressed.
2. Information about the participants in the proceedings: full names of the plaintiff and defendant, places of residence, dates of birth, passport details, contact phone numbers.
3. Description of the current situation with references to legal acts confirming the infringement or violation of the plaintiff’s rights.
4. Justification of the life difficulties that forced the plaintiff to file a claim and request an increase or decrease in payments, evidence of his intentions.
5. The cost of the claim is the required amount of increase or decrease in the amount of payments.
6. List of documents.
7. Signature, date.

Evidence of the circumstances of the case may include medical reports on the state of health of MSEC, certificates of income from the place of work or tax authorities, certificates of family composition and other documents related to the claim proceedings.

The application is submitted to the magistrate's court at the place of residence and addressed to the magistrate of this body.

Cost of claim

What is the claim price? This is the difference between the two amounts paid per year for alimony obligations, if the monthly payment undergoes changes.

This value is recognized as the difference between the previous and current amount of monetary compensation.

The formula is as follows: the amount of alimony summed up for the year in the current amount - the amount of alimony payments for a period of 12 months in the requested amount.

For example, Maxim Petrovich Zyryanov pays alimony in the amount of 10,000 monthly for the maintenance of a child. Therefore, in a year he pays off a debt of 120,000.

He requests a change in the amount of alimony to a flat sum of 7,500, which corresponds to the federal poverty level, since his marital status has changed and new offspring have appeared. That is, the liabilities will be 90,000 per year.

Cost of claim = 120 thousand rubles - 90 thousand rubles = 30 thousand rubles.

How much is the duty

A prerequisite for going to court is payment of the state fee and a receipt attached to the claim. According to Article 333.19, Part 1, Clause 1, its cost is calculated, which depends on the price of the claim.

The minimum state duty is 400 rubles. The maximum allowable is 60,000 rubles.

To clearly demonstrate the fees, we have compiled a convenient table:

Cost of claim (CI)	Government duty
up to 20,000 rubles	4% (400 rubles - minimum)
from 20 to 100 thousand rubles	800 rubles + 3% above 20 thousand
from 100 thousand rubles to 200 thousand	3200 rubles + 2% above 100 thousand
from 200 thousand rubles to 1 million rubles	5200 rubles +1% above 200 thousand
from 1 million and above	13200 + 0.5% above 1 million (no more than 60 thousand)

Referring to Maxim Petrovich Zyryanov, we can assume what state duty he will pay for the claim proceedings.

The price of Zyryanov’s claim is 30 thousand rubles, therefore the duty is calculated as: 800 rubles + 0.03*(30000-20000)=1100 rubles.

Form

If you intend to file a claim to reduce the amount of alimony, you can download it here. Otherwise, if alimony increases, this form will do.

Conclusion

The family legislation of the Russian Federation provides for the right to adjust alimony payments in a strictly established manner and in the presence of legal grounds that do not infringe on anyone’s rights.

When conducting an operation, the interests and financial situation of both parties to the process are taken into account. To recalculate the amount of payments, you can enter into a new payment agreement or seek help from the court.

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Statement of claim to change the amount of alimony (sample) 2023

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The law provides for the possibility of reducing or increasing alimony payments in court by filing an appropriate application. The payer or the recipient can file a claim to change the amount of alimony. The initiative to increase penalties comes, as a rule, from the recipient, and to reduce them from the payer.

The outcome of the appeal largely depends on the correctness of the drafting of the statement of claim for a reduction or increase in alimony; persuasiveness of arguments; reliability of the evidence base; the correctness of calculation of the state duty, which is obligatory for payment when applying to the magistrate’s court.

The amount of penalties from the income of a separately living parent is determined in one of the following ways:

• by way of agreement, and the executive document is a notarized alimony agreement;
• in court, when payments are made on the basis of a court decision or court order.

You can change the amount indicated in the documents in 2 ways:

1. Renew the agreement, stipulating by what amount the payments will be increased (decreased), how alimony will be calculated: as a percentage of income, as a share of the cost of living in the region of residence, or as part of the minimum wage. If consensus cannot be reached, the interested party will have to file a lawsuit.
2. If alimony was initially established in court, to change its amount you will have to contact the justice authorities.

The legal basis for the appeal is Art. 81 of the RF IC, which states that the size of the share of established alimony payments can be reduced or increased in court, subject to a change in the financial condition of the parties or other factors entailing the need to review the amount of penalties.

A claim is a document that must comply with the requirements of the law in form and content and must be submitted with mandatory documentary support, if necessary, after payment of the state fee. In legislation, the procedure for claim proceedings is covered in Chapter 12 of the Code of Civil Procedure of the Russian Federation, and the form and content of the application are described in detail in Art. 131 of the said chapter.

The claim for changing the amount of alimony consists of the following parts:

• name of the court accepting the claim;
• information about the plaintiff (person submitting the application): full name, place of registration;
• information about the defendant (the person who does not take the initiative to change alimony): full name, place of registration and actual residence;
• the cost of the claim, equal to the annual amount of benefit that will be received when the amount of alimony is changed;
• name of the claim;
• a statement of the circumstances of the case: on what basis the deductions were made, what laws were violated, what prompted them to go to court;
• petition for an increase (decrease) in alimony;
• a list of attachments confirming the above;
• signature and date.

Samples of statements of claim to change the amount of alimony

You can draw up a claim using the provided samples, making adjustments taking into account personal data and circumstances.

Claim for reduction of alimony (sample)

Download a sample claim

The following can be cited as compelling arguments for reducing alimony:

• the birth of other children, due to which the child support provider’s expenses increased;
• the emergence of other obligations in relation to other dependents;
• a decrease in income and the formation of debt that cannot be repaid;
• illness, disability, requiring additional material costs and negatively affecting ability to work;
• occurrence of other debts and obligations.

The most common reason, judging by judicial practice, is the emergence of obligations on the part of the payer in relation to other minors. This is a valid reason.

For example, a father paid alimony for 2 children from his first marriage in the amount of 33%. For the 3rd child from the second marriage, alimony was established in the amount of 25% of income. In total, deductions of 58% were withheld from the father's salary.

The parent filed a lawsuit to reduce the amount of payments for 3 children from ¼ to 1/6 of the income to equalize the position of the heirs, and guided by the provisions of Art. 81 of the RF IC, which states that the amount of contributions for 3 or more children should not exceed 50% of income.

The father's demands were satisfied.

If you intend to reduce the amount of penalties for a child, you must prove that:

• the child’s standard of living will not deteriorate;
• asking for a reduction in deductions is a vital necessity, not an avoidance of responsibility;
• the established amount of penalties leads to infringement of the rights of other children.

If during the hearing it turns out that the state of health does not affect the ability to work or the loan obligations taken were not caused by extreme necessity, the judge will not make concessions.

A decrease in the level of income of the payer is not an absolute basis for reducing the amount of alimony payments for a minor (Section 8 of the Review of Judicial Practice, approved by the Presidium of the Armed Forces of the Russian Federation on May 13, 2015).

Claim to increase alimony (sample)

Download sample

You can increase payments in favor of a child from a separately living parent, guided by the following arguments:

• reduction in the recipient’s income due to unfavorable circumstances: loss of job; death of a person providing financial support to the family; cancellation of benefits;
• the need to incur additional expenses due to illness or disability of a minor;
• loss of ability to work;
• rapid growth of inflation, which makes it impossible to meet the child’s current needs;
• increase in income for the payer;
• cancellation of the defendant’s obligations to support other dependents (other spouse and children, parents).

When filing a claim to revise the amount of alimony upward, it is necessary to confirm all information with documents.

Claim to change the collection of alimony from a share expression to earnings to a fixed sum of money (sample)

Download sample

If alimony is calculated in proportion to the salary received in the amount established by Art. 81 of the RF IC, equal to 25% of income for 1 child, 33% for two and 50% for 3 or more children, and the amount received is not enough to support minors, the amount of payments can be adjusted by changing the nature of deductions to payments in a fixed amount.

The basis for a positive court decision on this issue may be the plaintiff’s provision of evidence about the discrepancy between the payer’s standard of living and the declared amount of income received.

For example, if 25% of the official salary is only 3 thousand rubles. , and the spouse knows about receiving income from renting out 2 apartments, the spouse purchasing a new car, she can file a claim for payment of funds for the child in a fixed amount. The amount of penalties must be justified by providing a detailed calculation of expenses for the child.

Important! The judge should not suspect that the plaintiff filed a claim to change the amount of child support for his own benefit, and not to meet the needs of the child.

In order to determine the actual amount of a spouse’s income, you can file a petition with the court asking:

• request information from the defendant’s place of work about the amount of his salary;
• request from the Federal Tax Service Inspectorate information about the amount of income of the payer for a certain period (for example, the previous six months, year);
• request from the territorial Office of Rosreestr information about the availability of real estate objects at the alimony provider.

The request for evidence can be requested directly in the filed claim or drawn up in a separate document.

Sample request for evidence

How to file a claim

You can file a claim to revise the amount of child support payments down or down before the child reaches adulthood.

Jurisdiction

According to paragraph 1, paragraph. 4 tbsp. 23 of the Code of Civil Procedure of the Russian Federation, cases relating to family legal relations are within the jurisdiction of the magistrate. Claims for the collection of alimony are filed at the place of residence of the plaintiff or defendant (Articles 28, 29 of the Code of Civil Procedure of the Russian Federation). If the decision was made earlier and it is necessary to change the amount of penalties, the claim is filed at the place of residence of the payer.

The process of changing the amount of alimony in court can be divided into several stages:

1. An attempt to resolve the issue before trial. If an agreement was previously drawn up, the second spouse should be convinced to renew the agreement on the eve of going to court. If the result is negative, go to court.
2. Preparation for filing a claim, during which you should assess the reality of collecting evidence to change payments, and familiarize yourself with the regulatory documentation.
3. Drawing up a claim in accordance with the requirements, paying the state fee.
4. Collection of documents.
5. Participation in a court hearing.
6. Receipt of a court decision, and in case of disagreement with the decision - appeal it within 1 month from the date of announcement.

The deadline for making a decision in the case is up to 1 month from the date of filing the claim (Article 154 of the Code of Civil Procedure of the Russian Federation).

Documentation

The claim will not be accepted without documentary support, which includes:

• passport;
• executive document on the collection of alimony;
• marriage (divorce) certificate with the defendant;
• child's birth certificate.

In addition to these documents, evidence of the grounds for changing the amount of payments is attached, for example:

• certificate of income received from the place of work or tax service at the place of residence;
• a photocopy of the work record book with a record of dismissal or change of place of work;
• birth certificates of other children;
• a document confirming the appearance of other dependents;
• a certificate issued by a medical institution about unsatisfactory health and limited ability to work, about disability;
• documents confirming the emancipation of the minor;
• evidence of growth in the plaintiff’s (defendant’s) income;
• contracts and other documents confirming growth (decrease in income).

The full list of documentation is determined based on the accompanying circumstances and factors that could influence the judge’s decision.

State duty

If it is possible to determine the price of the claim, the calculation of the state duty is carried out in accordance with Art. 333.19 clause 1 clause 1 according to the following scheme:

Price of the claim (CI), rub. Deduction from the price of the claim (VC), rub. Percentage of the price of the claim, taking into account the deduction, % Fixed rate (FS), rub. State duty

Up to 20,000, state duty cannot be lower than 400	—	4	—	(CI - VC) X% + FS
20 001 — 100 000	20,000	3	800
100 001 — 200 000	100,000	2	3,200
200 001 — 1000 000	200,000	1	5,200
Over 1,000,000, the state duty cannot be higher than 60,000	1,000,000	0.5	13,200

The price of the claim is determined in accordance with Art. 91 clause 1 clause 3 of the Code of Civil Procedure of the Russian Federation based on their total payments for the year.

For example, if alimony payments for the year amounted to 60 thousand rubles. , and it is planned to increase them to 84 thousand rubles. (from 5 to 7 thousand rubles per month), the annual benefit will be 24 thousand rubles . Since the price of the claim is above 20 thousand rubles. , the state duty will be: 800 + (24,000 – 20,000) X 3% = 920 rubles.

When filing a claim that cannot be assessed, a state fee of 300 rubles is paid. (Article 333.19, paragraph 3).

Arbitrage practice

Citizen I. went to court. City of Moscow with a claim to reduce the amount of alimony. According to the above, he paid alimony for 1 child in the amount of 25% or ¼ of the salary, however, with the birth of his second child, he had new alimony obligations in the amount of 1/6 of the income.

Since the total alimony amounted to 41% of the salary, the plaintiff asked to reduce payments for the first child from ¼ to 1/6, since, according to Art. 81 of the RF IC, the amount of withholding should be equal to 33%.

The court found that the plaintiff actually lives with his 2nd wife and child, being legally married.

It was concluded that an agreement was deliberately entered into with the second wife on the payment of alimony in order to reduce deductions in favor of the first child, so the court rejected the claim.

At first glance, the issue of changing the amount of alimony is easily resolved. The plaintiff expects understanding and sympathy from the judge, but the personal interests of the parents come last, and the well-being of the child is the focus.

If a reduction in the amount of alimony will negatively affect the possibility of the spiritual and physical development of a minor, and the grounds for filing a claim were not unconditional for changing the penalties, the court will make a negative decision in the case.

The increase in withholdings also needs to be justified, since the desire to increase alimony can be regarded as a search for personal gain and a new source of enrichment. In such situations, a lawyer from the website ros-nasledstvo.ru will help, capable of assessing the situation and finding the right solution based on knowledge of the law and experience in resolving family disputes.

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Application to change the amount of alimony

Every child is guaranteed the constitutional right to an adequate standard of living conducive to comprehensive development. Until adulthood, parents are responsible for providing it in equal shares, regardless of marital status and financial situation. Collection of monetary support can be carried out voluntarily and compulsorily. The father or mother has the right to file an application to change the amount of alimony if the circumstances of the case change.

Grounds for changing the amount of alimony

Family law provisions provide for the possibility of changing the amount of alimony obligations. The procedure is carried out in strict accordance with the requirements of current legislation. An essential condition is the presence of a basis that influences an objective assessment of the situation. The list of circumstances is not regulated by regulations and is compiled based on judicial practice:

1. Indexation of indicators involved in the calculation (minimum wage, cost of living).
2. Decrease in payer's income.
3. The emergence of other dependents in need of financial support.
4. Deterioration of the health status of parents and children (disability).
5. Increased needs of the minor.
6. Dismissal of alimony obligee due to liquidation, staff reduction, at his own request.
7. Change in marital status.
8. Increasing the payer's earnings.

Structure of the claim

The rules for drawing up a claim are enshrined in Articles 131-132 of the Code of Civil Procedure. The contents of the document require the following items:

1. The name of the court competent to consider the controversial issue.
2. Information about the parties to the process:
   • plaintiff (applicant);
   • defendant.

The initiator of the claim can be both the claimant and the alimony payer.

Contact means of communication are indicated.

1. The subject of the dispute is the infringement or violation of the legal rights and interests of a citizen.
2. Argumentation of the stated requirements.
3. Providing evidence.
4. The cost of the claim is the difference in monetary terms between the established amount of material content and the desired one.
5. Applications.

A properly completed appeal is the key to a positive resolution of the case. Mandatory conditions for writing a document include:

• official business style;
• absence of profanity;
• objectivity;
• specifics;
• chronology of events.

The statement of claim is drawn up in 3 copies: for the plaintiff - 1, for the defendant - 1 and for the court - 1.

Required documents

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Each statement of claim must be accompanied by a package of documentation that forms the basis for confirming the circumstances of the case. Among them:

• court decision to collect alimony/notarized alimony agreement;
• official documents confirming the change in the situation:
• medical certificates;
• information about decrease/increase in income;
• the fact of the birth of subsequent children.
• receipt of payment of state duty;
• passports, TIN of the plaintiff, defendant;
• certificates of birth of joint children, marriage or divorce;
• certificate of family composition.

Calculation of the claim price

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Determining the value of a claim involves calculating the difference between two values:

• first - the annual amount of established alimony;
• the second is the total annual amount of alimony obligations, taking into account the required monthly amount.

Example from practice:
For citizen I.P. Komarov, monthly support for a minor child is 8,000 rubles, annual support is 96 thousand. The payer demands a change in exchange downward - up to 70 thousand per year, in connection with the birth of a child in a new family. The claim price is: 96,000 – 70,000 = 26,000 rubles.

Calculation of state duty

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The obligation to pay for public services is due to civil proceedings. The calculation principle is determined by Part 1, Clause 1 of Art. 333.19 of the Tax Code of the Russian Federation - the amount of the state duty is determined by the price of the statement of claim.

Application price (RUB)
State duty

Cost, rub.)	Percent (%)
< 20 000	not less than 400	4
20,000 < price > 100,000	800	+	3 (at > 20 thousand)
100,000 < price > 200,000	3200	+	2 (at > 100 thousand)
200,000 <price> 1,000,000	5200	+	1 (at > 200 thousand)
> 1 000 000	13 200	+	0.5 (for > 1,000,000, not more than 60 thousand)

Example from practice:
Citizen I.P. Komarov drew up a statement of claim, the price of which was 26,000 rubles. According to the specifics of calculating tax legislation, the state duty is: 800 + 0.03 * (26,000 – 20,000) = 980 rubles.

Application forms for increasing/decreasing alimony

A claim requesting a reduction in the amount of alimony obligations has the following form:

1. The “header” is located in the upper left corner of the first page and contains:
   • name of the court;
   • personal data of participants in the process;
   • location (registration), contact means of communication;
   • information about children (full name, date of birth, registration).
2. The title of the document is “Statement of Claim for Reduction of Child Support.”
3. Description of the situation:
   • assignment and payment of alimony – decision of the competent authority/alimony agreement;
   • the amount of annual salary;
   • circumstances contributing to changes in material support;
   • written evidence.
4. Requests to reduce the amount of alimony.

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Typically, the plaintiff of this type of application is the alimony obligee (payer).

Sample statement of claim to change the amount of alimony - download example

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

Which court should I go to?

The principle of choosing a court during the initial collection of alimony does not affect the procedure for filing a claim to change the amount of financial support for a minor. A new claim means a new trial.

The application is submitted to the magistrate's court at the location of one of the parties to the proceeding. The freedom to choose a government institution is justified by a number of valid reasons that allow the claimant not to travel outside the region of residence. The case is reviewed within a month.

Application deadlines

A claim to increase or decrease the amount of alimony payments can be filed during the period established for making payments - reaching the age of majority. An exception to the rule is the child's disability.

The procedure for changing the amount of alimony

A change in the amount of alimony obligations is justified by the method of establishing financial assistance:

• by mutual agreement of the claimant and the payer;
• in accordance with the court decision.

The choice is based on the initial calculation method.

Changes in payments provided for in the alimony agreement are made by making adjustments to the text of the document. Monitoring compliance with the law falls within the competence of the notary certifying the contract.

To change alimony, the court needs compelling reasons, the list of which is not exhaustive.

Material support can increase automatically (indexation) if, in the calculation principle, the subsistence level and minimum wage indicators are used, and they have become higher. This process is called alimony indexation.

The main task of the plaintiff is to argue the reason for the demands. Taking into account the documents provided and the interests of the parties to the proceeding, the judge has the right to satisfy the claim to change the amount of alimony. The executive document issued initially loses legal force.

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1. Statement of claim to change the amount of alimony as a share of unemployment benefits. Drawed up in case of dismissal of the payer from his place of work due to circumstances beyond the control of the citizen - liquidation, reduction of staff of the enterprise, as well as at his own request.
   Avoidance of parental duty is characterized by the use of a retention process involving the Employment Center.

   The share calculation provides for the following proportions:

   • 1 child – 25%;
   • 2 children – 33%;
   • 3 children or more – 50%.

   Attached to the claim:

   • passport details of the parties;
   • children's birth certificates;
   • a document establishing the initial collection of alimony;
   • order to terminate the employment contract;
   • certificate of registration in the territorial Employment Center.
2. Application to change the amount of alimony due to adulthood. Used if a child has a disability that requires additional financial support.
3. Application to change the amount of alimony from 1/3 to a fixed sum of money. The option of issuing a court order is not suitable. The claim is submitted to the magistrate at the place of residence of one of the parties.

   Conditions for changing the salary by a fixed amount:

   • job loss;
   • opening of a state of emergency;
   • profit making has become irregular;
   • earnings in foreign currency;
   • the established share does not satisfy the needs of the minor claimant.

The fixed value is calculated based on the subsistence level in the child’s area of ​​residence.

Arbitrage practice

When considering a case to change the amount of alimony, the judge is always guided by the interests and needs of the minor child. The final decision is difficult to predict, because it depends on the individual circumstances of the dispute and the evidence provided.

It is important to know!

• Each case is individual and requires special attention. The information presented on the site is general and does not guarantee a solution to your specific problem.
• We carefully monitor changes in legislation and try to make changes in a timely manner, but this does not always happen quickly.

Therefore, 24-hour legal assistance on any issues is available to you FREE OF CHARGE! Ask your question right now!

Lawyer. The main area of ​​activity is family law. I take an active part in courts as a representative.

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Statement of claim to change the amount of alimony

Litigation in the field of family law relations belongs to the category of complex cases. Very often, questions arise between former spouses regarding the amount of alimony. Courts often refuse to recalculate alimony due to an incorrectly drafted claim, missed deadlines for filing documents, and other reasons. According to the Family Code of the Russian Federation, the total amount of alimony may change according to a court decision if the person paying alimony has changed his financial situation.

Such cases can be initiated both by the payer of alimony (for example, the court ordered a person to pay alimony for a second child, or the payer’s financial condition has worsened, due to which he is unable to pay the specified amount), and by the person with whom the child lives (for example, having learned that the alimony payer receives amounts that were not declared when the court considered the issue of collecting alimony).

Let us consider the main points that a claim for changing the size of documents must have.

According to the Code of Civil Procedure of the Russian Federation, identical cases are considered by magistrates. The claim can be filed both at the place of residence of the plaintiff and the defendant.

The information that must be contained in the claim is essentially standard:

• name of the court;
• information about the plaintiff and defendant;
• the facts on which the claim is actually being filed;
• confirmation of these facts;
• list of documents.

A sample claim for the category of changing the amount of alimony can be found in the corresponding section of our website.

To the standard list of documents, such as a document confirming payment of legal costs, copies of the claim, it is necessary to add all kinds of documents that would confirm that the defendant’s financial situation has changed (for example, a certificate from the place of work). It is also necessary to provide a court decision according to which alimony is paid.

A claim for recalculation of alimony can be filed during the entire period of payment of alimony, that is, before the child reaches the age of majority or finishes his studies at a university (but before the age of 23).

The Tax Code classifies these cases as non-property disputes. Thus, the amount of legal costs that must be paid is 200 rubles.

It is difficult to say which side the court is more often on in this situation, but if the court’s decision turned out to be in favor of the plaintiff, then further actions to pay alimony may be as follows:

• the alimony payer compulsorily pays the amounts specified by the court;
• the parties agree on the procedure for paying alimony voluntarily (although this option is very rare, since in practice, if parents agree to voluntary agreements, they do not need a court decision for this).

Download a sample application:

Statement of claim to change the amount of alimony