Objection to a claim for alimony (sample) 2023

Any statement of claim, order or appeal can be legally challenged. Cases involving the award of alimony payments are no exception. Filing an objection in any of the specified cases requires preparation, legal literacy and documentary justification. We will describe in more detail how to prepare this document yourself and what nuances to take into account.

What are the grounds for filing an objection to a claim for alimony?

An objection to the withholding of alimony may be filed by the defendant legally. To file a response application, the payer must have justified reasons that can initiate a review of the case.

Grounds for objection may include:

1. Unreasonable filing of a claim, as in the case of unproven paternity.
2. The statement of claim initiates the collection of alimony in a fixed amount.
3. A changed financial situation that no longer allows you to pay the previously established amount.
4. The emergence of new dependents, whose maintenance is mandatory and legally established.
5. Partial or complete loss of ability to work, as a result of which income was significantly reduced or stopped altogether.

Any of these reasons must be reasoned and supported by sample documents.

How to file an objection to a claim?

Often, an objection to a claim for alimony is drawn up in cases where the plaintiff demands to collect a fixed amount of money from the alimony provider on a monthly basis. This requirement may be triggered by the lack of a permanent salary from the payer, or the presence of unofficial income.

Having received a copy of the statement of claim, the future alimony recipient can submit a response proposal expressing disagreement with the arguments presented. To do this, he needs to write an objection, where, in addition to the details of the court and the parties to the case under consideration, the circumstances will be indicated.

They either prevent such a calculation or completely refute the reasons given by the plaintiff.

Such documents include a certificate of salary received, a certificate of health, if this factor does not allow the defendant to work at all, or to work more.

You can also attach witness testimony that the payer does not have unofficial income.

Where to submit?

The statement of claim for the recovery of alimony is submitted to the magistrate for consideration. The second spouse can write a sample objection to the filed claim, sending it to the same place where the claim was filed by the plaintiff.

To refute an order issued by a court that has not yet begun to take effect, it is necessary to send a request for its cancellation to the court that issued this order. A refutation of the appeal is sent to the address to which the appeal was written.

For any refutation, the address from the document on which it is drawn up is copied.

Objection to a court order for alimony

A court order that was adopted at a closed meeting without the involvement of participants in the case can be appealed within ten days. To do this, the payer is required to file a claim to cancel the decision on collection.

The text of the complaint does not need to indicate the reasons that, in the defendant’s opinion, nullify the decision made, but only need to express a request for its cancellation. Cancellation can only be made on the basis of a letter received from the defendant, which was written and sent within the period required by law.

The decision is withdrawn within 10 days after the court order is served on the payer.

Objection to an appeal for alimony - sample 2018

Article 325 of the Code of Civil Procedure of the Russian Federation allows the plaintiff to file a sample appeal to review the decision to collect alimony. Typically, an appeal is filed to increase child support. The defendant, on the contrary, wants to leave everything as it is, and, at a maximum, to reduce the collection of alimony. To ensure that the case is not reviewed, the payer files a claim, in which he indicates:

1. Information about the initial decision, the amount of penalties, the start and end dates of alimony deductions.
2. Provides arguments justifying the impossibility of increasing penalties.

Objection to alimony

Your disagreement with the fact of establishment, as well as the amount or method of payment of alimony, can be expressed by filing an appropriate objection . This possibility has been established in relation to the issued court order.

If alimony demands are put forward in a statement of claim, then a response , in which it is necessary to set out the grounds for changing the amount or order of deductions. You can also object to alimony through appeal or cassation proceedings.

Grounds for objection

To substantiate your disagreement with the establishment of alimony obligations, their stated amount or payment procedure, an indication of significant circumstances and documentary evidence of their existence is required. Such conditions include:

• the difficult financial situation of the defendant: if the debtor is unable to pay the established amount of alimony, their amount should be revised, because this is in the interests of each of the parties, since otherwise the recipient risks being left without payments at all;
• improper performance of their duties by the stepmother and stepfather: if they raised their stepdaughters or stepsons for less than 5 years, then the latter can challenge their obligations to support the stepmother and/or stepfather through the court;
• the onset of incapacity for work by the second spouse due to the abuse of alcoholic beverages, narcotic substances, the commission of an intentional crime, as well as the short duration of the marriage (up to five years - depending on the circumstances of its dissolution and the age of the former spouses);
• unworthy behavior in the family of a spouse applying for alimony;
• the presence of minor children in the debtor’s new family.

The first and last points can be used to justify an objection to alimony in a fixed monetary amount or a share of income. With their help, you can also demand a reduction in payments or a refusal to increase them. The second, third and fourth circumstances are also excellent for the court to reject alimony obligations.

Objection to a court order

An objection to alimony is filed through writ proceedings , in which a judge issues a court order. This is the name of the document that allows you to collect funds from children in a simplified manner.

The case is considered without trial , without summoning the parties to court, and without paying a state fee. When issuing an order, the judge typically sets child support payments as a share of the obligated parent's income.

Since this document is issued in absentia (without calling the debtor), the alimony payer can appeal it within 10 (ten) days from the date of receipt of a copy of the order.

To do this, it is necessary to submit to the magistrate an objection to the court order for the collection of alimony.

In this case, the judge will have to cancel the issued act and send the case for consideration within the framework of the claim proceedings.

It is important to know that an appeal against an order is impossible, but its cancellation is always mandatory if the debtor raises objections. This applies even if they are not justified and have no legal force.

An objection to a court order for alimony must necessarily contain the data of the parties (full names and residence addresses) and indications of the circumstances on which the debtor bases his position. A sample of such a document is posted below.

If alimony demands were made as part of legal proceedings , you can respond to them in writing by sending a response to the statement of claim for alimony to the judicial authority. It is also sometimes called an objection to the claim.

This document indicates the surnames, first names and patronymics of the parties participating in the trial and their addresses. In addition, reasons are given for why it is necessary to change the amount or procedure for fulfilling alimony obligations. It is imperative to provide evidence confirming the validity of the demands for changes in payments.

In addition, two copies of it : one for the court, and the second for another participant in the trial. Also attached to this act are documents testifying to the accuracy of the facts cited in the objection to the claim for alimony.

These may be copies of birth certificates of the defendant’s other children, copies of medical certificates about his state of health, a copy of a new marriage certificate, etc. When submitting a document to the court, you do not need to pay a state fee.

Objection to the appeal and cassation complaint

An option is possible when a court makes a decision against a person that completely suits him.

But the other party, who made demands for alimony payments, is dissatisfied with the result and files an appeal with a higher court.

You can express your disagreement with the requirements set out in it by filing an objection to the alimony appeal.

It is sent to the court that made the original decision. He, in turn, will forward this document to a higher judicial authority.

The prepared act must indicate the last names, first names, patronymics, as well as the residential addresses of the persons participating in the trial. It also sets out the circumstances of the case and the arguments against changing the decision.

The arguments presented should be supported by documented evidence , in addition to which two copies of it must also be attached to the objection.

To submit this document to the court, you do not need to pay a state fee.

The rules described above also apply in the case when it is necessary to file an objection to a cassation appeal on alimony. The only difference is that the prepared written document in three copies, together with attachments, is sent directly to the body that is the cassation court.

Objection to the statement of claim for the recovery of alimony

If the defendant does not agree with the plaintiff’s demands, he can file an objection to the statement of claim for the recovery of alimony within the established time frame. To do this, it is important to know the rules for filling out, the specifics of filing and considering a review in court.

Acceptable conditions and grounds for objection

An objection (revocation) is a procedural document provided by the defendant to the court at the preliminary stage of consideration of the case, if we are talking about challenging the claims.

It is impossible to completely free yourself from alimony obligations. But you can reduce the amount of alimony if the defendant has one of the following grounds:

Poor earnings The amount of alimony exceeds the real needs of the child If the plaintiff requests payments in a fixed amount, and they are several times higher than the subsistence level The recipient has an alcohol or drug addiction, and he cannot adequately manage money This fact is confirmed by medical certificates and witness testimony Choosing an inappropriate form for collecting payments Money for children is being claimed in a fixed sum of money or as a share of salary. The first is possible if the payer does not have official earnings. When it exists, but the recipient requires payment in a fixed amount, this may turn out to be unprofitable for the payer, and he will have to confirm his income

The deterioration of the financial situation may be caused by good reasons: the appearance of a new dependent; a decrease in earnings; receiving disability.

The main condition for filing an objection is legal justification. When making a decision, the court will be guided by the real needs of the child and the financial situation of the parties. The presence of a high level of income for the recipient does not serve as a basis for reducing the amount of alimony.

Filing an objection to a court order

According to the law, alimony can be collected not only in a lawsuit, but also in a writ (simplified) procedure. To do this, the claimant sends an application to the court for the issuance of an order, which is issued within 5 days.

After creation, the order is sent to the alimony obligee. He has the right to submit a review within 10 days after receipt. Further consideration will be carried out in the manner of claim proceedings at the request of the alimony recipient, if one is filed.

Based on Art. 129 of the Code of Civil Procedure, the judge draws up a ruling to cancel the court order. Copies of the document are sent to the parties to the proceedings no later than 3 days from the date of issue.

How to file an objection to a claim?

Free legal consultation We will answer your question in 5 minutes!

According to Art. 149 of the Code of Civil Procedure of the Russian Federation, a response may be provided by the defendant during the preparation of the case for trial if he does not agree with the claims. Also, such a right is provided for during a court hearing on the basis of Art. 35 of the Code of Civil Procedure of the Russian Federation when the court listens to the arguments of the parties.

Filing an objection (response to the claim) is impossible only after a decision has been made. Until this point, the defendant has the right to send it at any time. The court has no right to refuse to accept a response: the legislation does not establish standards under which such a refusal is allowed.

From a procedural point of view, filing an objection looks like this:

1. The defendant receives a copy of the claim and a ruling on acceptance of the claim for proceedings. A date for the preliminary hearing is set. At this time, it is necessary to familiarize yourself with the claim, determine which requirements are not satisfactory, and draw up an objection.
2. A response is submitted to the court.

In addition to disagreement with the claims, the reason for sending a response may be clarification of the information reflected in the claim, as well as a violation of procedural rules: incorrect determination of jurisdiction, denial of the authenticity of the documents submitted by the plaintiff, missed deadlines for applying for alimony, etc.

Objections

The judge has a case pending regarding a claim for the recovery of alimony from me for two minor children.
When everyone lived together, my daughters were fully supported by me. After the divorce, I gave my wife money and also bought food, toys and clothes for the children.

In accordance with Art.
83 of the RF IC, alimony can be collected in a fixed sum of money if the defendant receives a salary in foreign currency, is unemployed, or it is not possible to establish the exact amount of his salary. At the moment, I am officially unemployed and not registered with the Employment Center. I earn only small periodic part-time jobs.

Based on Art. 83 of the RF IC, alimony in a fixed amount must be collected from me.

Ask:

Refuse Adonina L.D. to satisfy the claims in full.
Documents confirming the lack of employment are attached to the objection.

DateSignature of the applicant.

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

Arbitrage practice

This is also important to know: Imprisonment for non-payment of alimony

Most often, reviews are submitted at the time of preliminary consideration of the case. According to cases from judicial practice, objections are accepted when procedural violations or unfounded claims are identified.

If the law is on the defendant's side, the response will be accepted. In the future, claims or errors made are subject to adjustment.

Lawyer's answers to questions about objecting to a claim for alimony

Didn't find the answer to your question? Our lawyer will answer your question for free in 5 minutes!

Is it allowed to challenge the form of alimony?

Yes it is possible. For example, if payments are collected in shared form, and the payer does not receive an official salary, you can submit a certificate from the Employment Center and a work book to confirm the lack of work.

• To change the fixed method to a shared one, you will need evidence of employment: income certificates, a copy of the employment contract, a work book.
• What are the grounds for objecting to alimony for a former spouse?

According to the law, in the event of a divorce, the ex-wife can recover payments for the child and her own maintenance for the period of maternity leave. The basis for revocation may be the woman’s employment or marriage, as well as violations committed when she filled out the claim.

Conclusion

Filing an objection to a claim for the collection of alimony payments is allowed at any stage of the consideration of the case before the court sends it to the room to make a final decision. The response is made in writing and can be filed both against the claims and against procedural violations committed by the plaintiff when filling out the application.

Sample objection to a statement of claim for the recovery of child support, sample 2023

If you need assistance of a legal nature (you have a complex case and you don’t know how to fill out documents, the MFC unreasonably requires additional papers and certificates or refuses them altogether), then we offer free legal advice:

A claim for alimony is the document that begins any legal proceedings regarding child support by parents, usually by the second parent. Protecting the interests of a minor is the main reason for filing a claim for payments to the child on the part of the second parent.

The maintenance of children is the responsibility of both parents. But situations in which one of them avoids financial obligations are not uncommon. From the article you will learn how to properly prepare documents for the court, where to address the claim and in what time frame it will be considered.

In the material we also provide a sample statement of claim for the collection of alimony.

A relatively small number of Russian parents find a compromise regarding the financial support of their common child, so filing an application with the court remains a pressing problem this year. If certain conditions are met, the obligated parent does not have other dependents, he has a stable official income, etc.

Example of an objection to a statement of claim for the recovery of alimony

In modern judicial practice, often the plaintiff’s demands may not correspond to the defendant’s capabilities, which allows the latter to protest against the statement of claim.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem, contact a consultant:.

The same objection can be filed by any other participant in the court session if he does not agree with the excessive demands of the injured party.

In this case, the objection to the claim is submitted in the appropriate form. Modern judicial practice very often encounters objections to statements of claim. Any participant in the meeting who does not agree with the exaggerated demands of the claimant can file a corresponding protest.

In turn, the claimant, often taking advantage of his position as a victim, puts forward excessively inflated demands for damages. Often, a spouse requests fabulous sums for collection, which the defendant, due to his financial situation, cannot reimburse, no matter how hard he tries.

In this case, a reasoned measure to fight for your rights and interests would be to write an objection to the statement of claim. Before we consider in more detail the rules for drawing up an objection to a statement of claim for the recovery of alimony for spousal support, we should consider a number of concepts that are closely related to this point:.

Taking into account these concepts, you can study in more detail the procedure for filing an objection to a statement of claim for the recovery of alimony as a percentage of wages or in the form of certain property.

These nuances will have to be encountered when filing an objection to demands for debt collection in a fixed amount of money.

Resolution of the issue related to filing an objection to the statement of claim within the framework of the current legislation is based on the following regulatory legal acts of the Russian Federation:.

Based on these documents, the issue of forced collection of alimony, as well as filing an objection to the statement of claim, is regulated. According to current legislation, the defendant has the right to use any legal methods to protect his rights and interests during the trial.

In this case, objecting to disagreement with the claim is one of the measures to protect one’s interests. Let us consider in more detail how this document is prepared:.

The document can be submitted to the court, directly during civil procedural proceedings, or in the interval between meetings.

Maintaining one's biological child is the immediate task of every parent, but respectable citizens who pay child support on time are often held accountable.

The direct responsibility of the spouse is also to support his wife if she is on maternity leave or has health problems.

In this case, the plaintiff’s demands may also be unlawful.

To do this, an objection is written, which contains information about the status of residence with the spouse, as well as the amount of official income and the monthly expenditure on family support.

If a citizen had to face a claim for the collection of alimony and forced withholding of a certain part of the official income, then in this case the protest is filed as follows:

Thus, an objection is filed to the claim for the withholding of a certain amount of material resources from official income. When drawing up an objection to a statement of claim, it is recommended to pay attention to the following points:.

In modern life, cases have become more frequent when an unlawful claim or a statement containing inflated demands is brought against the defendant. In this case, one of the ways to protect your interests is to draw up an objection to the statement of claim.

However, do not forget that the document is drawn up in a certain order and submitted to the court in accordance with certain rules. Legal assistance hotline. Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.

All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems. Leave a reply Cancel Reply Your email address will not be published. Disagreement or protest against a statement of claim is a legal method of protecting the interests of the defendant during a court hearing against unlawful or excessive demands of the claimant.

A document that is submitted to a court with certain demands from the injured party against the defendant who previously committed an offense.

A government body that resolves disputes between the population, and also calls for accountability when an offense is detected.

The injured party to the lawsuit, who files a corresponding statement of claim, which sets out the essence of the claims against the defendant, as well as demands for compensation for damage.

How to file a lawsuit for alimony

A civil case is pending before a magistrate judge regarding a plaintiff's claim against a defendant for the recovery of alimony in a fixed sum of money. The defendant does not agree with the plaintiff’s stated arguments. The defendant asks the court to refuse to satisfy the plaintiff’s stated claims for the collection of alimony in a fixed amount.

In support of his claims, the plaintiff refers to the following circumstances. I carry out my parental responsibilities for the maintenance, upbringing and all-round development of the child in good faith. Also, I give my daughter a sufficient amount of money every month, of which the Plaintiff is well aware.

How to file an objection to a claim for alimony in 2023

Write your question and our lawyer will call you back within 5 minutes and give you a free consultation. Fill out the form with contact information and receive a free consultation within 5 minutes.

In a procedural sense, parents who resolve the issue of alimony through the court are the plaintiff and the defendant, and can use the rights and opportunities that the Code of Civil Procedure of the Russian Federation has given them.

And even if, according to moral standards, a parent’s obligation to pay alimony to his own children is not in doubt, then according to civil law standards, the alimony payer can file a counterclaim under Art.

In this article, we will look at the procedure for preparing and filing an objection regarding the amount, method of calculation or procedure for paying alimony, if the case is being considered in court through a claim or order. Disagreement with the obligation to pay alimony must be justified.

Objection to the statement of claim for the recovery of alimony

The defendant does not agree with the arguments set out in the statement of claim and considers them based on an incorrect interpretation of the law and contrary to the factual circumstances of the dispute under consideration for the following reasons:.

According to paragraph. When changing the amount of alimony or when exempting from its payment, the court also has the right to take into account other noteworthy interests of the parties.

Objection to alimony

Thank you for your attention. The typo has already been sent to our editors. The issue of alimony is one of the most popular among those that the court has to decide every day. With proper preparation of the parties, one meeting is enough to settle everything.

Article tags: alimony claims for alimony parents' rights. Objections to the claim for the recovery of alimony for maintenance.

Your disagreement with the fact of establishment, as well as the amount or method of payment of alimony, can be expressed by filing an appropriate objection with the court. This possibility has been established in relation to the issued court order.

Application for collection of alimony

In modern judicial practice, often the plaintiff’s demands may not correspond to the defendant’s capabilities, which allows the latter to protest against the statement of claim.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem, contact a consultant:.

The same objection can be filed by any other participant in the court session if he does not agree with the excessive demands of the injured party. In this case, the objection to the claim is submitted in the appropriate form.

Objection to a claim for alimony: sample 2023

If, during a divorce, a claim was filed to establish alimony payments against the spouse living separately, but the defendant opposes the plaintiff’s demands, then he has the opportunity to send a corresponding objection to the court.

The legislation of the Russian Federation establishes a list of grounds on which the defendant has the right to refute claims, as well as the procedure for submitting an objection to the court.

Let's look at how an objection to a claim for alimony is drawn up.

Basic information

The following categories of persons have the right to apply for cash payments.

1. Needy disabled parents of their adult children.
2. Former needy spouses before they register a new marriage. Women carrying a child or caring for an infant under 3 years of age are also entitled to claim alimony.
3. Minor children, one of whose parents, after divorce, lives separately from their former family.

Alimony can be set in a fixed amount or as a share of the defendant’s income. The procedure for establishing alimony obligations is determined by the court when studying the prevailing circumstances.

Typically, alimony is established in a percentage ratio if the defendant has official employment and a regular salary, and in a fixed amount - if the defendant’s income is inconsistent, if the person has no official income, as well as if he is conducting business activities.

The court examines all circumstances relevant to the case under consideration. But in some situations, the defendant may be against the claim. If he draws up an objection and supports it with evidence, then the court will most likely meet him halfway.

Features of an objection to a court order

The issuance of a court order does not require the presence of the parties during the consideration of the case. The order is carried out by the courts in undisputed cases, but after the examination of the case, a dispute may arise between the parties. As a result, the defendant has the right to challenge the court order by drawing up an appropriate objection.

If the defendant has filed an objection to the court order, then the case will no longer be considered in the writ procedure, but in the lawsuit procedure.

The text of the document must reflect the following information:

1. the name of the court to which the objection is being sent;
2. information about the plaintiff and defendant: full name without abbreviations, residential addresses;
3. description of life circumstances: date of execution of the order, amount and procedure for transferring alimony in accordance with this document;
4. the reasons why the defendant believes that the demands of the second party are unlawful;
5. links to legislative articles;
6. asking the court to set aside its order;
7. date of preparation of the document and signature of the defendant.

The completed document is accompanied by certificates and papers that confirm the legality of the defendant’s claims.

The objection is sent to the same court that issued this decision. If a deadline is missed, you will need to indicate in the text of the objection the reasons for this, as well as a request to restore the deadlines allotted by law.

The objection must be accompanied by documentation that confirms the fact that the reasons for missing the deadlines were truly compelling.

The defendant does not need to pay a state fee.

Drawing up an objection to a claim

According to current life circumstances, the defendant has the right:

• object to the claims in whole or in part;
• confirm or deny the conditions described in the claim;
• list the arguments that contradict the claims;
• challenge the claim evidence;
• ask the court to refuse the plaintiff to satisfy his demands regarding the establishment of alimony obligations.

The text of the objection will require the following information:

1. name of the court;
2. information about the defendant: full name in the unabridged version, his residential address;
3. Case number;
4. description of the circumstances: date of filing the claim in court, grounds for recognizing the claims as partially or completely unfounded, substantiation of the defendant’s position, determination of the amount/order of alimony payments, desired court decision on the claim;
5. links to legal documents;
6. date of sending the objection to the court, signature of the applicant.

Features of filing an objection to a claim

The defendant has the legal opportunity to file an objection to the claim during the preparatory activities for the proceedings or in the process of studying them. But if the court has already left the waiting room to issue a ruling, then it will not be possible to file a claim.

The defendant is exempt from paying state fees.

The court examines the objection and documentation substantiating the defendant's disagreement, along with the claim. During the trial, the court will interview the plaintiff and defendant, consider the evidence provided by both parties, and, if necessary, require the provision of additional documents and evidence. The court will also invite witnesses and order an examination.

Judicial practice shows that defendants often file objections to claims for the collection of alimony payments. Thanks to this, the interests of not only the recipient of the finance, but also the payer are respected.

Grounds for the defendant's objection

In order for the court to accommodate the defendant, his arguments must be convincing. These may include the following:

• the amount of alimony established by the court is financially unaffordable for the defendant, since his salary is small, he suffers from a serious illness and is forced to spend money on expensive treatment, he has other dependents in his care (disabled parents, small children in a new family);
• the amount of alimony established by the court is many times greater than the needs of the child, disabled spouse, etc.;
• the recipient of alimony payments is fully provided by the state - for example, the child lives in an orphanage, boarding school or nursing home;
• alimony payments are established for the child, but he has his own source of income (individual entrepreneur, hired job);
• the defendant found out that the recipient of alimony is unreasonably managing funds and evading his parental responsibilities towards a minor who is under the financial care of the alimony provider;
• the recipient of alimony has been diagnosed with addiction to alcohol or drugs;
• the marriage lasted less than 5 years, the person’s behavior was immoral (if alimony is established for the maintenance of a spouse);
• the child for whom alimony is transferred is not related to the payer.

If the defendant’s life circumstances are truly difficult, then the court has the opportunity to reduce the amount of alimony or completely cancel these financial obligations. So, if it turns out that the defendant is not the child’s natural father/mother, then he will be released from financial obligations. However, the person will need to prove their claims with supporting documentation.

Objection to an appeal or cassation complaint

If the defendant is satisfied with the court ruling, but the plaintiff does not agree with it, then he has the right to draw up an objection and send it to a higher court. In this case, the plaintiff indicates:

• information about yourself and the other party;
• description of current life circumstances;
• listing the arguments against the decision;
• date of drawing up the objection, signature.

The plaintiff will also need to attach certificates and papers that prove the arguments he makes. There is no need to pay state duty.

Let's sum it up

If the defendant does not agree with the claims, he has the right to send an objection to the judicial authority.

It is permissible to draw up a document and submit it to the court both before the start of the trial of the case and during its consideration, but before the court makes its decision.

If the defendant’s arguments are compelling, the court will meet him halfway and reduce the amount of alimony or cancel it altogether.

Sample objection to a statement of claim for the recovery of child support, sample 2023

Hello, in this article we will try to answer the question “Sample objection to a statement of claim for the recovery of child support, sample 2023.” You can also consult with lawyers online for free directly on the website.

In such a situation, it is best to seek help from qualified lawyers so that they can suggest the right solution.

The presence of a valid reason for which this deadline was not met may become the basis for a request to restore the missed deadline. After the defendant submits an objection to child support to the judge, the judge will revoke the order and remand the case for trial.

This may be an oral or written explanation that will reveal the defendant's point of view on the subject of the dispute.

How to file an objection to a court order?

Here are typical grounds for filing an objection, which also apply to claims for alimony in a fixed amount:

1. Deterioration of the defendant's financial situation. This could be the loss of a job (due to the employer), the addition of other dependents, or an illness that requires expensive treatment.
2. The amount requested by the plaintiff greatly exceeds the child's needs.
3. The child is on government support or has his own income.
4. The plaintiff mismanages funds or fails to fulfill parental responsibilities.

Court proceedings rarely take place without the involvement of lawyers by the parties, so it is their responsibility to approach the court with appropriate petitions.

In addition to the penalty, you can also recover damages resulting from failure to fulfill such an obligation. For example, loans to pay for education, arrears in paying for kindergarten, etc. All losses must be actually caused, the amounts must be documented, and the cause-and-effect relationship between the losses and non-payment of alimony on time must be proven.

This does not mean that the possibility of collecting alimony payments is lost. The dispute may be referred for consideration in ordinary (claim) proceedings.

The response and its copies must be sent to the court in accordance with the number of defendants and third parties. One for the court, and the second for the plaintiff who is collecting alimony from you.

Objection to the collection of alimony (+ samples)

The resource is designed to help in drawing up contracts and any other documents. We try to post only current templates and forms. If the site helped you, thank it: share the link with any online audience. If you have any questions or suggestions, please use feedback.

The appeal procedure includes two methods:

• Filing a complaint to the court of appeal (within one month from the date of receiving your copy of the judicial act).
• Filing a complaint to the cassation court (within two months after receiving a copy).

Difficult financial situation of the alimony worker. You should request a downward revision of the payment amount.

I bring to the attention of the court that on February 12, 2017, during my visit to my mother V.N. Maltseva, it was discovered that her personal documents were missing, namely a pension certificate, a disability certificate and a bank card with a PIN code. Since the documents are necessary to apply for her disability benefits, my mother cannot receive them now.

This document is often viewed with:

Filing an objection is a standard procedure that can be used at any stage - during preparation for a court hearing or during the trial.

When the alimony provider does not agree with the financial demands of the plaintiff, he has the right to file an objection - to initiate the withdrawal of the statement of claim. The document sets out in detail all the reasons why the court should review the payment procedure and amount. The objection is drawn up on paper and sent to the court for consideration.

The objection must state the reasons why you disagree. You can present your objection during the court hearing. In your situation, if the mother of your second child has not yet filed for child support, this may work in your favor. If alimony is also collected for the second child, then it will be reduced for your child.

For example, previously the alimony recipient was unemployed and was awarded a lump sum of money, which he did not pay due to lack of income. Additionally, penalties and fines were accrued, which increased the amount of debt. Currently, he has taken a job with a low salary and is asking for a reduction in the amount of payments.

Grounds for objecting to a statement of claim for the recovery of alimony

Each response to a statement of claim is primarily based on a specific statement of claim. It is advisable to include the following information in your response to the claim:

• name, address of the court to which the statement of claim was received;
• case number (if you know it);
• date of receipt of the initial statement of claim (if you know the date);
• surname, name, patronymic of the plaintiff, his place of residence;
• surname, name, patronymic of the defendant, his place of residence;
• the grounds and requirements cited by the plaintiff (the essence and motivation of the demands are stated here; there is no need to rewrite the entire application);
• recognition of claims or refusal to recognize such claims, grounds and arguments why the defendant does not recognize these claims;
• list of documents attached to the revocation;
• telephone number, email of the defendant.

All circumstances that the alimony payer refers to as grounds for filing an objection must be documented.

Indeed, you can file an objection to this court order. This must be done within ten days. In an objection, you can refer to various circumstances, it all depends on your situation. This may be a difficult financial situation or the presence of disability. In any case, it is necessary to understand this situation in more detail.

All circumstances that the alimony payer refers to as grounds for filing an objection must be documented.

Indeed, you can file an objection to this court order. This must be done within ten days. In an objection, you can refer to various circumstances, it all depends on your situation. This may be a difficult financial situation or the presence of disability. In any case, it is necessary to understand this situation in more detail.

In cases where alimony is assigned as a share of the total income, and the amount itself has increased many times and payments for the child have begun to exceed his necessary needs, then the defendant can also seek a reduction in such payments.

Objection to the collection of alimony

In practice, they most often use:

1. Personal documents.
2. Papers confirming the deterioration of the financial situation (work book, salary certificate, etc.).
3. Medical documents indicating the presence of a serious illness and treatment costs.
4. Papers confirming receipt of disability or the onset of temporary incapacity for work of the payer.
5. Documents indicating the appearance of other dependents. This could be another child for whom child support must be paid, a disabled parent, or a spouse.

Lawyer Nadezhda Vladimirovna Makarova As life has shown, it is very difficult to find a good lawyer.

Having familiarized myself with the Plaintiff’s claims, I consider them to be unfounded and illegal in terms of collecting alimony from me in the amount of 1/3 of all income, which does not comply with the norms of the Family Code of the Russian Federation for the following reasons.

By virtue of Art. 81 of the RF IC, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of earnings and (or) other income parents.

Disagreement with the conclusion on alimony issues may arise from any of the parties to the court hearing. Both the alimony recipient and his ex-wife, who filed the claim, may be dissatisfied with the amount and procedure of payments. The plaintiff has the right to appeal the alimony award. For this purpose, appeal proceedings are launched.

The payer's life circumstances may change: official marriage with a new spouse, the birth of a child, a change in wages or partial loss of ability to work. These factors suggest a deterioration in the defendant’s financial situation, and on the basis of Art.

The marriage produced a son, Daniil Dmitrievich Fedotov, born on February 10, 2004, which is confirmed by the birth certificate series II-IK No. 510941, issued by the Civil Registry Office of the Krasnogorsk District of the Moscow Region, act record No. 192.

The chosen option is approved by the court or the parents themselves in the agreement on the payment of alimony. Violation of the obligation to pay alimony leads to an increase in debt. And in order to force the defendant to pay the debt and continue to systematically pay the agreed amounts, the plaintiff files a claim for alimony.

Once a court order has been issued, the other party has ten days to appeal it. To do this, you will need to prepare a written objection, indicating what you disagree with. The order can indicate almost any reason. Below are the most common ones you can prescribe:

• low wages of the debtor;
• lack of income and work;
• lack of ownership of an apartment or housing, and therefore you have to pay rent;
• there is a loan that needs to be paid;
• the defendant's disability;
• the debtor is not the father of the child;

Objection to the appeal and cassation complaint An option is possible when a court makes a decision against a person that completely suits him. But the other party, who made demands for alimony payments, is dissatisfied with the result and files an appeal with a higher court.

Existing obligations of the parties to the dispute to third parties For example, if a new child appears in the defendant’s new family. It is worth noting that the court considers all arguments quite thoroughly, taking into account all available objective evidence provided by the parties.

Change in financial situation A person can at any time apply to higher courts with a claim to reduce the amount of alimony paid.

How to file an objection to a claim?

Fedotova S.N. During our marriage, I received a disability, diagnosed with Rassmusen encephalitis, currently I am the only breadwinner in the family, since my wife has a non-working disability group.

However, the defendant has the right to file an objection to collect payments in a lump sum. Let's look at how to do this correctly.

By virtue of Art. 56 of the Code of Civil Procedure of the Russian Federation, each party must prove the circumstances to which it refers as the basis for its claims and objections.

Sample objection to a claim for alimony

M16 Consulting LLC Thanks to lawyers, my family and I got back the money we invested in building a house. Thanks to the lawyers for their professionalism, attention and understanding of the entire situation.

These may be copies of birth certificates of the defendant’s other children, copies of medical certificates about his state of health, a copy of a new marriage certificate, etc. When submitting a document to the court, you do not need to pay a state fee.

The essence of legal disputes regarding alimony can be divided into two categories: regarding the direct assignment of alimony or its amount.