Claim for change in payment of maintenance (model)

Owing to the precarious economic situation in the country, there is a need to allocate additional money for the maintenance and maintenance of the child.How to change the procedure for the recovery of maintenanceAnd what we need to do next in the article.

Reasons for changing the procedure for the recovery of maintenance

When a child is born, the parents are fully responsible for it; in addition, the mother and father have the primary responsibility to protect, support and support the child until the child reaches the age of majority; this duty is not discharged even if the family is dissolved or the parent is deprived of his or her legal rights.

In accordance withUK Russian FederationIn the event of a divorce, the former spouses must decide who the child will live with and who will pay for it.

Maintenance is the monthly maintenance of disabled relatives (dependants, disabled citizens, pregnant spouses and minor children).

According to the UK of the Russian Federation, the monetary amount of alimony payments may be:

• fixed (to be fixed);
• Minimum (the sum is calculated on the basis of the subsistence minimum in the region);
• A child ' s age-appropriate approach;
• the father and mother of the child, who change by voluntary agreement of the parties.

When the marriage is dissolved, the children stay with the mother; therefore, the obligation to pay maintenance is with the father to the full; the spouses may agree on payment by signing a peace agreement or by the courts; in both cases, it is possible to re-examine the amount of money in accordance with the needs of the mother and the child.

Can the recovery of maintenance be changed?

In the event of a change in the financial condition of the parents or the needs of life, the rights of the child should not be affected, and it is therefore necessary to change the procedure for the recovery of maintenance and to do so by two known means, either by agreement of the parties or by the courts.

Depending on the original method of awarding alimony, the method of payment is determined as follows:

1. Maintenance payments, to be paidin hard cash equivalentWhen the child ' s father does not have a fixed monthly income (seasonal work, e.g.), the amount of the currency is determined through the court, taking into account the child ' s age needs;
2. In proportion to salaryA child ' s allowance is paid when the payer is officially employed or receives an additional salary, and the monthly salary is calculated as a percentage of the amount determined by the court. 1/4 of the child ' s salary is required for the maintenance of one child, half of the salary is required for two, three or more children, and the amount to be paid is 70 per cent of the monthly salary.

When changing the amount and manner of payment of maintenance, the court shall take into account:

• The financial and family situation of the father;
• The presence of children from another marriage, dependents or disabled relatives who are supported by a parent for life;
• The father ' s state of health as well as his monthly needs;
• Have a job with the child's mother.

A man is entitled.initiate a revision of the methodRecovery of maintenanceIf his/her standard of living has changed significantly due to circumstances beyond the control of the parties, it requires a statement of claim to the court, as well as supporting documents such as a health certificate, an extract from the registry of a new marriage, the birth of a child, etc.

Mode of action

Since the parent is obliged to provide for the child for 18 years, the fixed amount of maintenance payments may become irrelevant, taking into account the inflation and changing needs of the child.

When concluding a voluntary agreement, the parties may determine the amount of the payment themselves.

DI don't know what I'm talking about.changes in the contract,You have to go to the notary.

The following documents will be required for the drafting of the agreement:

• Identification of the parties;
• The birth certificate of the child;
• A monthly income certificate for parents;
• A court order on the dissolution of a marriage;
• Documentary reasons for increasing maintenance (e.g. kindergarten fees) etc.

By mutual agreement between the parties on the maintenance of the child, the amount of maintenance may not be lower than the fixed amount in the court; when amendments are made, the contract may agree on the period of payment, the mode of payment (bank account, postal transfer or cash) and the change in the method of payment (from the percentage of salary to the fixed amount of maintenance).

AmendThe method of recovery of maintenance is required by the courtsIf the parties fail to reach agreement.

Change in the manner in which maintenance is collected through the court

In order to change the way in which maintenance is recovered, strong arguments and evidence are required; the court may reject the claim of either party if there is a lack of enabling documents.

The reasons for changing the way in which maintenance is recovered are as follows:

• Lack of permanent income;
• Changes in the financial well-being of the child ' s father;
• If monthly earnings are paid in foreign currency;
• The appearance of other children;
• Monthly delays in payments;
• Other significant circumstances that may affect the amount of maintenance payments.

In these and other cases, the party concerned needsc/to file a claim with the courtThe claim must be accompanied by a package of documents as well as an initial judgement, on the basis of which maintenance payments were made.

Court ' s decision to change the procedureMost often meets the requirements of the plaintiff if the standard of living of the child does not change.

Model statement of claim

In the event that the parents cannot agree on the method of transferring the money to the child, the application must be submitted to the court; the document must be prepared in two copies; the amount of the State party ' s budget is calculated on the basis of the cost of the claim (the total amount of the maintenance paid in the past year), and most of the legal costs are 300 roubles.

In order to raise the child ' s money to a subsistence level or to secure the recovery of maintenance in a solid equivalent, it is necessary to describe and justify the claims in detail, and it is possible to file a complaint with the court of the claimant ' s or defendant ' s place of residence.

Contents of the statement of claim:

• Name of the Trial Chamber, props;
• The applicant ' s passport data;
• The respondent ' s FIO;
• The substance of the statement;
• Order number for the payment of maintenance payments;
• The plaintiff ' s claims;
• Reasons for changing the method of recovery of maintenance;
• Evidence;
• Reference to articles of legislation;
• List of documents;
• The date, the plaintiff's signature.

According to the Family Code of the Russian Federation, there are no clear recommendations on the calculation of maintenance payments, and the amount of money is paid in accordance with the parents ' general income; the minimum amount of child support must be equal to the standard of living in the country ' s region; for every child, it is possible to increase maintenance by 0.5 or 1.5 times the minimum subsistence allowance.

The amount of maintenance depends on the marital status of the parents; the court also takes into account if the father of the child has a new family, a wife and children, in which case the former spouse is not entitled to a large amount of alimony.

The poor financial position of the payer is a good reason for reducing the child allowance.

The monthly income of citizens does not always correspond to the sum of two subsistence minimums, one for a child and the other for an adult, so the court's decision must satisfy the requirements of both parties.

Often, the alimony payer provides the court with false income reports or a declaration of zero profit in order to obtain a minimum penalty on the basis of these documents.

In this case, the plaintiff must provide strong evidence of the defendant ' s informal income.

The trial may be prolonged for months or even years, but parents must remember that it is their undeniable duty to support children, raise them, and take care of them.

I want you to download a sample of the claim for change in the procedure for the recovery of maintenance here.

If you have any questions, consult a lawyer.

You can ask your question in the form below, in the window of an online consultant at the right of the screen, or call the numbers (round the clock and without the weekend):

• 8 (800) 350-83-59- All regions of the Russian Federation.

How to request a change in the procedure for the recovery of maintenance and the form of payment

Article 80 of the Family Code requires parents to maintain and raise their children until they reach the age of majority, irrespective of whether the parent lives with his or her child or not; for a mother or father who does not live with the child, the content is the payment of maintenance.

Since alimony is paid up to the age of majority, which is a rather long period, there may be various changes during this period, both in the financial sphere of the payer and in his or her private life, so the question of changing the payment of maintenance is justified.

We're gonna talk about all the nuances of the payment process and how we can change it.

Maintenance obligations of family members

Maintenances are material assistance expressed in the form of legally binding payments intended to provide for a family member; many of these definitions are associated only with child payments, after divorce of their parents, or who were born out of wedlock.

However, this is not the case: maintenance may be paid during the marriage for the pregnant spouse and after divorce, for the elderly parents, for the maintenance of a child over 18 years of age if he or she is declared disabled.

Thus, changing maintenance arrangements may affect different segments of the population.

Procedure for the recovery of maintenance

Articles 81 and 83 of the Family Code set out the procedure for the recovery of maintenance and the means for payment of maintenance.

• Percentage;
• Fixed;
• One-time payment;
• Payment of the total or part of the amount from the estimated value of the property.

The first method calculates the percentage based on the monthly income of the parent established by law for one, two or more children; this is the most common option, and thus the amount of maintenance will be directly proportional to the salary, but not more than 70 per cent; in the second case, alimony is paid in a fixed form each month, i.e. the same amount.

Support in hard form is paid for both children and other family members; the fixed form is particularly appropriate when the payer does not have a permanent wage or his work is seasonal; in some cases, the first two methods may be used simultaneously, but as regards the last two, this is the case in single situations.

Is it possible to change the way the penalty is imposed?

There are many reasons for a review of the method of payment, such as a change in the maintenance worker ' s financial condition, a change of place of residence, work, way of life, etc. The recipient himself may demand a change of payment if he or she thinks he or she would be more comfortable. Under the law, this can be done in two ways:

• By voluntary consent;
• through the judicial authorities.

It is possible to do so by voluntary agreement if a child maintenance contract has previously been concluded on a peaceful basis, then you meet again with a notary, discuss new payment arrangements and amend the contract, or a supplementary agreement to the contract, and the adjustments must also be certified notarized.

The issue is resolved through the court if maintenance payments cease for several months, e.g. the payer has resigned from the official place of work, thus the percentage of maintenance payments has ceased and it is appropriate to introduce a fixed amount, and it has been shown that the claim is most often filed on behalf of the mother.

The simplest solution to this issue is to sign an additional agreement on a new procedure for the payment of maintenance (article 101 of the UK).

If the maintenance worker lives in another country

There is often a situation where the father fulfils his obligations towards the child but lives on the other side for a number of reasons.

1. If you are in contact with the child ' s father, it is best to agree peacefully and send him a notary agreement with which you can apply to the court to change the order of punishment (article 104, paragraph 2, of the UK).
2. If the father lives in the countries of the former CIS, the situation is more or less resolved, since there is a signed agreement with Russia to recognize the validity of legal instruments in these countries, and if such an agreement does not exist, it will be necessary to draw up an application to the relevant authorities of that country, taking into account the rules and regulations of their legislation, as well as only in a foreign language, without the assistance of a lawyer who knows international law.

This situation is certainly not easy. You cannot know the monthly amount of income that the payer receives, and sometimes even the exact location of the payer is unknown.

In view of the difficulty of changing the procedure, the court may propose that payments be fixed or that future amounts be reimbursed by transferring property equivalent to the calculated amount to the child.

Thus, the court will try to protect the best interests of the child (art. 18).

How to draft a statement

As in any other matter that requires judicial proceedings, a statement of claim must be made correctly; the content of the claim is subject to the requirements of procedural law (article 103 of the Code of Criminal Procedure).

• Name of authority to which the application is submitted;
• Your FIO as well as your other side.
• Information that supports an earlier order for maintenance or a notarized agreement;
• A description of the situation, as a result of which the second parent is obliged to pay material assistance;
• An indication of the reasons that contribute to changing the way in which payments are collected;
• Legitimate justification for the establishment of a new maintenance arrangement;
• The requirement to change the order of enforcement;
• Date and signature of the application;
• A separate list of annexes.

The main point in all of the lists, apart from the correct information provided, is a detailed description of the reasons that prompted you to change the payment of maintenance, and it is also very important to indicate the way in which the payments were made earlier and to which you want to go. Very often, these requirements are based on a change in the payer ' s financial position.

Do you have to pay the money?

Judicial proceedings, like any other public service, require the payment of a tax, the State is required to be paid immediately and supported by a statement of claim, together with the rest of the documents, and the size of the public service is set by the Tax Code of the Russian Federation.

As far as this situation is concerned, the State tax will be paid only if the claim is filed by the payer.

If the application is made on behalf of the recipient, i.e. the mother of the child for a review of the procedure, the law abolishes the need for the payment of the State tax, since the question is primarily concerned with the interests of the minor child.

Amendment of the rules on retention through court

Both the recipient and the payer may file a claim to amend the maintenance rules; the application shall be filed with the Magistrate ' s Court at the defendant ' s place of residence.

That is, if the matter cannot be resolved peacefully, through a voluntarily signed agreement with the notary, or if the defendant does not communicate with you, the judicial authorities remain the only solution to the problem.

By changing the procedure for the payment of alimony, for example, from a percentage to a firm, it may increase or decrease (article 119 of the UK), which will take into account not only the payer ' s income but also the regularity of payments.

The application will be dealt with in a general manner after all the necessary documents have been filed; up to 10 days, the bailiff will be informed of the case, and a date will be set for the hearing, where the two parties, the plaintiff and the defendant, are required to be present.

Each party may avail itself of the assistance of a lawyer if the price of the question is worth it, or it will have to defend its own interests.

In order for the court to take your side, you must clearly state your position, present arguments, a clear reason and the appropriateness of changing the payment process.

The court ' s consideration of the case does not mean that you will receive a positive response; the court may also refuse; once the decision has been rendered, you will receive a court order confirming the effect of the new changes.

It shall enter into force after 10 days unless the defendant decides to appeal it.

In itself, the procedure for changing the procedure for payment of maintenance payments is simple, and it is important to draw up a statement and to prove in court the need for such measures; practice shows that the court is most likely to accept the mother who lives with the child, where the child ' s best interests must be taken into account.

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Claim for change in payment of maintenance — sample

In judicial practice taking place in the territory of the Russian Federation, there are often conflicts of interest between citizens by way of alimony.

The money available for the maintenance of minor children (a child under 24 years of age studying at a higher educational institution) is a constant disagreement between the spouses at the dissolution of the marriage and at the time of marriage but separation.

The procedure and amount of the fee set out the legislation in force, but the payer had the opportunity to apply to the court for a change in the procedure for the recovery of maintenance in circumstances conducive to it.

Method and procedure for payment of maintenance

The options for the payment of funds for the maintenance of their minor children are set out in the current legislation of the Russian Federation: the Family Code, article 81, entitled "Measurement of maintenance for minor children in court proceedings", and article 83, entitled "Retribution of maintenance for minor children in a firm amount of money".

1. Cash accrual method.
2. Fixed method of payment of maintenance funds.
3. One-time payment (the landlord pays the full amount).
4. Payment of maintenance debt through transfer of property.

The first option provides for a monthly payment of a portion of earnings (from 1/4 to 1/2 income, even if the profit is the SMIC – the minimum wage), depending on the number of dependent children.

The second is a fixed amount, which is paid monthly regardless of income; the last two are exceptional situations that require prior discussion by the parties.

If a citizen paid the maintenance money properly for a minor child, was it possible to change the procedure for the recovery of maintenance? The question that often arose for parents who wished to change the penalty option; in practice, everything was possible, but there was a need for judicial approval.

Whether a change of order is permitted

The recovery of maintenance funds for a child often involves situations in which the payer avoids the performance of his or her immediate duties, and the second parent tries to hide his or her income by the following methods:

• Performs fraudulent dismissals;
• Sells property that earns income to a relative or other person;
• Takes profits out of business through front costs.

• These cases have led the recipient of the funds to seek ways to change the payment of child support.
• The need to change child support arrangements is often sought by the payer himself, who faced unforeseen circumstances and lost the main source of income.
• Recovering the situation is a case law.which makes it possible to file an application for a change in the manner in which maintenance is paid to children and to resolve an unpleasant moment in accordance with the legislation in force.

Rules for amending the payment agreement

In accordance with article 101 of the Family Code of the Russian Federation, the parties are free to agree on and change the manner in which maintenance is paid for the child.

• The form is voluntary and it is prohibited to use this method by force; if one of the parties disagrees to pay or otherwise receive the funds, it is necessary to file an action to change the procedure for the recovery of maintenance with the judicial authority;
• The agreement shall be changed in due course and shall be addressed to the notary office, where the additional conditions will be certified by the notary ' s seal; otherwise, the bailiffs will not take the agreement into account;
• Additional agreements must comply with the requirements of article 103 of the Family Code of the Russian Federation, and the amount previously fixed by the court must not be changed in the event of a change in the method of recovery.

Attention!Once a document has been issued in a notary office and the bailiffs have been notified, the transfer of funds is carried out by a new method.

Amendment of the retention rules through the court

If the child ' s maintenance is to be paid by a court order, a claim must be filed with the court to change the transfer of the money to the recipient ' s account.

It is possible to carry out the procedure both at the place where the alimony is registered and through the court at the address of the recipient of the money.

An example of a claim for change in the payment of maintenance is provided to the Magistrate ' s Court.

The following documents are collected before submitting a sample of the claim for change in the procedure for the recovery of maintenance to the court:

1. An executive list or a regulation on the basis of which the contents are retained.
2. Passport of a citizen of the Russian Federation or of a foreign type (copy).
3. Child birth certificate (copy).
4. Request to call witnesses, provided that their testimony may affect the court ' s decision.
5. Other evidence that the complainant ' s arguments are substantiated.
6. A bill of payment of State duty for the work of the court.

All legal costs are borne by the person who applies to the court to amend the procedure for the retention of child support.

How to draw up a statement on the change of order and method of recovery

An example of a model application to a court in order to modify the payment, namely the order of payment, must contain a number of information and grounds.

1. Information on the administration of justice to which the appeal is made.
2. Necessary information on the plaintiff and the defendant.
3. The amount of the government service paid.
4. The nature of the situation requiring judicial review.
5. Description of the grounds for applying and changing the calculation of the benefit.
6. Request (application) for a change in the accrual process.
7. References to attached documents and other evidence.
8. Date, signature and decryption.

All items need to be written in detailthat the court should have no further questions for the complainant and that his applications should be granted in the appropriate decision.

Some of the proceedings to change the retention of maintenance funds for the child are not considered because the applicant has misfiled the application or failed to comply with the court ' s requirements.

The payment of the mistress

The procedure for filing an application with the court requires the plaintiff to pay the State fee for the work of the judicial body.

Before submitting the document, it is mandatory to transfer the funds in payment of the duty by any convenient method, after which a copy or original of the receipt will be attached to the claim.

All costs of recourse to the court are borne by the plaintiff and cannot be compensated, as it is his sole initiative to bring the matter before the court.

The amount of payment is determined by the legislation in force (the Tax Code of the Russian Federation) and the amount of payment depends on the proportion of the difference between the funds collected and the amount to be ordered, after the judicial authority has issued the order in question, and the payment rate for the year is always used as the basis.

It matters!Under the legislation in force, the minimum amount of duty is 400 roubles and may not exceed a maximum of 60,000 roubles.

List of documents for filing a claim

In order for the court to accept a declaration from a citizen that the procedure and method of recovery of maintenance have been changed, the form must be supported by the necessary documents:

1. Statement of claim form.
2. A bill on the payment of State duty.
3. Passport of a citizen of the Russian Federation.
4. Birth certificate for each of the children.
5. The previous court decision and the execution sheet on which the funds are withheld.
6. Documents supporting the plaintiff ' s arguments regarding the need for a procedure.
7. The certificate that a person has no open jurisdiction and is not subject to deprivation of parental rights (if necessary).
8. Request for witnesses to appear before the judicial authority to confirm that a trial is appropriate and that there is a need to change the order and method of retention of funds.

It is recommended that the basic documents (passport and birth certificate of the child) be submitted in both copies and originals; upon consultation, the office officer returns the original securities to the applicant ' s hands.

Where to go after delivery of the judgement

Once the court has satisfied the claimant ' s claim to change the retention of child support, it is necessary to:

• Wait until the decision comes into force (10 days);
• To obtain a new executive list for the disbursement of funds;
• to appeal to the bailiff of the executioner.

Once a member of the executive branch receives a form, a new decree is prepared and amended, and a new procedure for the retention of funds from the payer of maintenance funds for the minor child is initiated.

It matters!Once the performance sheet is received on hand, it is recommended that it be checked carefully; in some cases, the document may contain errors, which will not change the procedure for recovery until the errors are corrected.

What to do when a debtor travels to other countries

When confronted with this situation, the retention of maintenance from another parent will be complicated by the following:

1. The authorities of the State to which the debtor went would need to be contacted.
2. Documents obtained in the context of the compulsory recovery proceedings must be translated.
3. Russian court decisions are not always recognized abroad.
4. The existence of a language barrier, which would be an additional obstacle.
5. The problem in determining the income of the parent.
6. The cost of legal services, which may call into question the appropriateness of action.

These elements violate the rights of the child and, in order to safeguard the interests of a minor, the following actions are carried out in accordance with article 118 of the Family Code:

• Pre-negotiation agreements are being negotiated, indicating any method of disbursement;
• If the agreement is rejected, the application shall be filed; the court shall decide on the procedure for the recovery of the money;
• Before reaching a decision, the court evaluates the plaintiff ' s arguments and then decides whether or not to resolve the conflict of interest;

Changes in the amount of maintenance paid

The change in the retention order has no effect on the amount of the sum of money; if there is a need to increase or reduce the payment, it must be done in accordance with article 119 of the Family Code of the Russian Federation.

• Reduce the payment that is withheld from income;
• Reduce the hard value of the assessments that have been established.

This requires appropriate justification, which may be provided by the following points:

1. A maintenance worker is unable to work or has a relative disabled.
2. The arrival of other children ' s maintenance workers in another family.
3. The presence of a serious illness in the debtor ' s relative or parent, which requires appropriate and costly treatment.
4. Decreasing official income.

The reason why it is possible to claim a reduction in the amount of maintenance payments may be any circumstance that has had a negative impact on the payer ' s financial position.

Model claim for change in payment of maintenanceYou can download here.

Change in the payment of maintenance

Maintenance payments have been made over a long period of time, and many living conditions for both parents may change significantly over the period of child maintenance.

The reason for the increase or decline in the income of the father or mother, or the child ' s new needs, is that another method of calculating monthly child maintenance payments is required to follow the procedure established by law.

Let us consider how to prepare a claim for a change in the procedure for the recovery of maintenance and ensure that this requirement is met.

Existing payment modalities

Articles 81 and 83 of the Code of Criminal Procedure provide for the following options:

In the first case, the amount of the transfer is proportional to the parent's earnings (from 1/4 to 1/2 parts), while in the second case the amount of the transfer is fixed (both options involve monthly payments).

The latter two means of recovery of maintenance are not very common and are used in exceptional situations.

Whether a change in the order of enforcement is permitted

The recipient may face a number of problems by recovering funds for child maintenance. Another parent often tries to hide real income by:

• Fake termination of employment;
• "Sale" of income-generating property to a relative;
• Remittances from businesses through various "costs".

In an attempt to solve this problem, the recipient of the funds may come to a standstill; the law does not provide for a universal procedure to change the procedure for the recovery of maintenance.

A private case is the departure of the parent to a permanent place of residence in another country.

The CK 118 gives the recipient the right to capitalize the amounts recovered monthly or to obtain the transfer of the assets of the payer to the child, which will be described in detail.

The need to change the way in which maintenance is paid is often due to the needs of the payer himself, as is the case where a citizen has actually lost his or her job and his or her income has become unstable.

Judicial practice makes it possible to find a way out of this situation; claims for changes in the procedure for the payment of maintenance are reviewed regularly, despite the absence of such a procedure in the UK.

If there is an agreement between the parents to support the child, they may change the child ' s conditions in the light of new circumstances.

Rules for amending the payment agreement

The simplest way to apply the new procedure for calculating maintenance is through the preparation of supplements to the agreement on the maintenance of a minor (article 101 of the Code of Criminal Procedure), in order for the changes to enter into force a number of conditions must be met.

1. If the other parent does not agree to change the terms of the agreement, the relevant requirements must be addressed to the court; details of the procedure can be obtained from this reference.
2. To ensure that the bailiff does not refuse to recover under the new rules, the changes are notarized, regardless of who makes the supplement (parents using a sample, notary or lawyer).
3. The document must comply with the requirements of article 103 of the Code of Criminal Procedure. Changes in the amount of maintenance should not result in the transfer of funds less than would have been due to the child by a decision taken by the judge.

Once a document has been issued in a notary office, the payment of maintenance must be made in accordance with the new rules.

Amendment of the retention rules through the court

When payments are established by a court act, an action must be brought to change the procedure for calculating the amounts intended for the maintenance of a minor; the procedure may be initiated both in the defendant ' s place of residence and through the court station at the recipient ' s address; the procedure for the payment of the statutory maintenance is changed in the justice of the peace.

The claim shall contain:

• Information on the name of the court where the case will be heard;
• Data on the plaintiff and the defendant (full names, addresses and means of communication);
• A description of the situation in which alimony was awarded;
• The reasons why the retention rules for the child need to be changed;
• Demands for a new procedure whereby the debtor will pay the funds;
• Date and signature;
• List of annexes.

Documents sent with the claim include:

• The court decision and the executive record or order on the basis of which alimony is retained;
• A copy of the plaintiff ' s passport;
• A copy of the minor ' s birth certificate;
• Requests to call witnesses (they are desirable if citizens ' testimony may affect the outcome of the case);
• Other evidence supporting the complainant ' s arguments.

You can prepare a document with the help of a lawyer specializing in family law and on your own.

How to file an action to change the procedure for the recovery of maintenance independently

• The following example may be used to make a statement on how the court ' s decision is being implemented.
• Justice of the Peace of Judicial Station No. 7
• District of Krasnodara
• The plaintiff: Semenova Olga Gennadyevna

Address: Krasnodar, Kotlarov Street, V. 8, square 53

+7 918 225 9340

Defendant: Semenov Sergei Alekseevich

Address: Krasnodar, Industrial, 28, square 9

1. +7 928 593 4092
2. EXPLANATORY STATEMENT
3. Amending the rules on the calculation of maintenance

On the basis of the decision of 7 February 2017 of the justice of the peace of Precinct No. 7 of Krasnodar, Krasnodar district, from my ex-husband, Semenov S.A., alimony was ordered for the maintenance of a minor son, Semenov Ivan Sergeyevich, born in 2010.

I received an executive note dated 45938/2017, issued on 19 March 2017, and the document was handed over to the bailiff at the defendant ' s place of residence.

The funds were recovered on the basis of article 81 of the Russian Federation as a share of all its income; during the trial, he worked as a supervisor at the DS "The System", but it was not possible to recover the funds for his son's maintenance.

I don't know about my ex-husband's new employment, nor about his income, and he's not answering my phone calls.

In view of the above, my minor son does not receive adequate maintenance, which violates his right to development, and my income does not allow for the full maintenance of a child whose needs are growing.

In accordance with article 83 of the Russian Federation,

Please:

1. Amend the procedure for the recovery of funds for the maintenance of a minor son, Semenov Ivan Sergeyevich, born in 2010 with his father, Semenov Sergei Alexeyevich.
2. Maintain child support in a solid monetary amount of 15,000 roubles, with indexation commensurate with the increase in the subsistence minimum, every month until the child is 18 years old.

• Annex(s):
• Birth certificate;
• The decision of the court;
• Executive sheet 45938/2017;
• The plaintiff's passport.

"6" July 2017, Semenov O.G.

download the sample in word format (.doc)

Where to go after delivery of the judgement

If the court meets the requirements for a new method of calculating the amount for the maintenance of a minor, it is necessary:

• Wait for the entry into force of the instrument;
• To obtain an executive list;
• I'm gonna go to the bailiff who's gonna get him.

After having received a new executive list, the official drafts the changes that have taken place by decree, and the new procedure of enforcement will begin to apply.

It is recommended to check the accuracy of the document ' s contents upon receipt of the implementation sheet; if errors are found in the document, it will not be possible to obtain the funds until the errors have been corrected.

What to do when a debtor travels to other countries

In a number of situations, the debtor has to move to another country; leaving Russian territory leads to a number of difficulties with the retention of maintenance.

• The need to approach the authorities of the country in which the debtor entered.
• Mandatory translation of documents received as part of the collection of funds for the maintenance of a minor.
• The complexity of the procedure for the recognition of Russian court decisions abroad.
• Language barrier.
• It is not possible to determine the amount of income earned by the parent.
• The cost of legal services, which called into question the appropriateness of the penalty.

The problems listed constitute a significant violation of the interests of the child and, in order to comply with them, article 118 of the Code of Criminal Procedure provides for a procedure consisting of several stages.

1. Negotiation of a maintenance agreement, which may provide for any method of calculation and payment.
2. If the debtor refuses or avoids the agreement, the plaintiff has the right to request the establishment of a firm monthly payment, a lump sum advance payment or the transfer of the debtor ' s assets to the minor.
3. The Court will evaluate the arguments set forth in the claim and resolve the dispute by satisfying the claim or refusal.

Changes in the amount of maintenance paid

The use of the new method of calculating the amounts due to the child is often confused with the change in the amount of the payments; the latter does not imply the use of another method of recovery; the payer may take advantage of article 119 of the UK and demand:

• Reduce the percentage of proceeds retained by a court act;
• Reduce the amount of payments that has previously been established.

The reasons for reducing the maintenance burden are as follows:

• The debtor ' s or a close person ' s disability;
• The appearance of other children in the family;
• A serious illness of a parent or a relative requiring a costly solution;
• Reduction of payer ' s income.

The reason for the reduction in maintenance may be any circumstance that has led to the economic deterioration of the claimant ' s situation.

The situation was similar with regard to the increase in financial obligations to minors, and the material position of the parent could be improved, which would give rise to an increase in the monthly payment.

Details of the rules for changing the amount of maintenance can be found here.

Case law

An example of a change in the calculation of maintenance amounts is case 11-2/2016, which was examined by the Novozibkov City Court of the Bryansk Region on 19 February 2016, and originally the child ' s father was reimbursed with alimony amounting to 25 per cent of the income.

His ex-husband applied to the justice of the peace and demanded a firm monthly payment of at least half of the minimum subsistence level, the reason being the debtor ' s irregular earnings.

With regard to the claims, the first instance made an interim decision: the retention of 1/4 of the income continued with a minimum of 1/3 of the subsistence minimum.

The plaintiff appealed and obtained a firm payment, and the District Court accepted her position and set the alimony at 2/3 of the subsistence minimum.

Conclusion

The rules for changing the method of calculating the maintenance of minors depend on the method of determining maintenance; if they are provided for in the agreement, a supplement to the document is sufficient; when the funds are recovered by a court decision, a new claim will have to be filed and the method of calculation changed.

How can a claim for a change in the procedure for the recovery of maintenance be drawn up?

Since alimony is a regular payment rather than a one-time payment, it often raises the question of how to change it. The fact is that over the years of maintenance payments, the financial situation of the parties may change significantly, and more maintenance finance may be required, or the previous payer will no longer be able to pay, in which case people will be entitled to change the procedure for the recovery of maintenance.

This action may take place peacefully or through a court of law, but in any case there is a need for some awareness of how this happens. Read the article below, and you will learn how to change the alimony payments.

What are the options for payment?

The maintenance agreement, like the court decision, has two main points on this issue: the amount and method of recovery.Under articles 81 and 83 of the Family Code, alimony is provided as follows:

• In equity form, i.e. the percentage of the maintenance worker ' s earnings;
• In hard shape,I mean, with a fixed size.

First wayThe amount of child support may be between 25 per cent and 50 per cent of the child supportr ' s income; the percentage is related to the number of minor children.

Second waySuch alimony is not dependent on the payer ' s earnings, but it is usually chosen if the payer ' s income varies from month to month, is seasonal or in kind.

These methods may complement each other, for example, a permanent payment and a percentage of irregular earnings may be established.

Reasons for changing order

Since many citizens are experiencing financial difficulties owing to the precarious economic situation as a whole, there are few cases in which changes in maintenance payments are required; often the payer will lack the means to live if the full amount of maintenance is paid or if those who are kept are deprived of the means of living.

This is why the law provided for the possibility of amending the established maintenance:

• In court, the following are usually cited as grounds for changing the amount and manner of payment of maintenance:
• The difficult financial situation of the maintenance worker (dismissal, transfer, long-term hospital);
• The changed marital status of the payer (birth of new children, emergence of other dependants);
• Changes in a person ' s ability to work (disability, injury, etc.).

What should be done if changes are necessary?

At the outset, a peaceful solution to the problem, which would not have been initiated by the parties, could be considered.

In this solution, it is possible to meet and discuss the situation and the need to change maintenance with the second party to the contract, and then to engage a notary who will help draw up a new agreement and cancel an old agreement or court decision.

If the other party to the amnesty agreement did not want to hear of a change in the procedure for the recovery of maintenance, it would have to go to court.

Formulation of the agreement

The agreement shall be in writing and certified by a notary; and if you do not confirm the agreement with a notary, it shall not be in force; and the agreement shall be drawn up when both parties agree to the payment and payment of maintenance in a specified amount.

The agreement shall be in force from the date of its conclusion, or on the date specified in the contract; if the financial capacity of the parties changes, the agreement may be changed by the drafting of a new instrument; once the new agreement has been drafted, the past shall become null and void.

The modification of the maintenance agreement shall take effect upon the general wish of the parties to the agreement; before writing a new agreement, an amendment proposal shall be sent to the second party to the contract; the second party shall respond to the proposal in writing within 30 days.

In doing so, a copy of the previous agreement or decision of the court, a notice of service of the proposal, a copy of the proposal sent to the second party, a refusal (if any) as well as documents confirming the need to modify the conditions would have to be provided to the court.

If the other party agrees to the amendment, you must contact a lawyer or a notary who will assist in the drafting of the agreement, and then you must assure the notary that the agreement may have a period of time or be of indefinite duration, and the agreement must specify the amount of maintenance and the manner in which it will be obtained.

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