Counter-claim for alimony, counter-claim for maintenance of a sample

A counter-claim on maintenance is a legal response by the defendant in the course of a civil dispute as an option for bringing a claim; the content of such a statement should be the defendant ' s claims to the plaintiff; it may take place in parallel with the main claim made by the plaintiff; the filing of such a statement in support matters is considered in jurisprudence as one of the most effective methods of defence used in legal proceedings in bringing unfair claims from the defendant ' s point of view; it is desirable that a counter-claim be filed before the commencement of the active proceedings; and the law allows for the filing of such a claim at any stage of the proceedings, except for the time preceding the final decision.

The following are common cases in which a reply is made:

• After the divorce, the child ' s mother filed for alimony, but the father wants to challenge paternity;
• One of the spouses who pay child support wishes to reduce the amount, and the other party disagrees with this development;
• The beneficiary of the maintenance shall apply for an increase in maintenance, but the payer shall not;
• The mother gives alimony, but the father wants to sue the children, et cetera.

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Articles 131-132 of the Russian Code of Criminal Procedure regulate the form and conditions for the preparation of a response statement on maintenance; the procedure for the processing and submission of such a document implies strict compliance with the rules and procedures; in the event of a violation, the courts may:

• Return the counter-claim on maintenance to the direct claimant;
• For objective reasons, to refuse to accept.

It is necessary to take into account the fact that the jurisdiction of a response is determined by special conditions and not by general rules, and the filing of a counter-claim on alimony takes place at the place where the case is heard directly; the judicial authorities, in turn, issue only one decision relating to the clarification of the original and response claims.

When two types of claims are brought and continued, it is permissible to conclude a peace agreement between the parties to the process.

Special cases of proceedings involve the possibility of resolving the conflict by setting aside the principal and response requirements of each representative of the child.

1. Uniformity. All requirements are required to have a homogeneous object – property, money equivalent, etc.;
2. Consistence of claims: A counter-claim must be met: in the original claim, the claim is brought from the plaintiff to the defendant, and in the second, from the defendant to the plaintiff.
3. :: Mandatory condition: the time limit for the filing of claims in the main claim in the filing of a response;
4. The amount (if cash is involved) of the response claims should not be greater than the amount claimed in the original claims.

In accordance with article 410 of the Russian Civil Code, the judicial authorities accept a counter-claim if all the above conditions of set-off are met.

There shall be no set-off if there is an end to the limitation period applicable to the application of the other party, or in cases where:

• Compensation for damage caused by damage to health;
• Procedures for the recovery of maintenance;
• The existence of obligations for the maintenance of a person for life.

The application for set-off is admissible in the form of objections to a specific statement of claim filed by the respondent.

Stages of the procedure for the acceptance of an action

The procedure for filing a response must be preceded by action to identify the fulfilment of all the mandatory conditions listed in article 138 of the Russian Code of Criminal Procedure.

• The filing of a response is in the form of a set-off document for claims set out in the original statement of claim;
• The response process precludes the possibility of partial or full satisfaction of the main claim;
• Effective resolution of mutual claims is effected when there is a link between parallel claims.

The acceptance by the judicial authorities of a counter-claim is based on the possibility of merging with the original claim in order to resolve the matter effectively.

Prolonged trial proceedings are often the result of a joint review of the claims filed and of the entire evidentiary basis included, and in the event of refusal of acceptance, the defendant has the right to file the claims in the form of an independent claim and to re-apply to the judicial authorities.

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A counter-claim for alimony: How to file an application

As for the procedure for the recovery of maintenance, it is an unpleasant event, besides paperwork, it is also an emotional burden, and many people don't understand what their responsibility is, and all because it's not about legal nuance, so in this article we will consider in detail how to file a counter-claim for alimony.

Rights of defendant in maintenance court

Many citizens have not fully understood that the law is always on the plaintiff ' s side in the proceedings and everything revolves around the defence of his rights, and the defendant also has certain rights conferred on him by the law in force.

Depending on the circumstances of the defendant ' s life for a given period of time, the court may agree with the defendant and, for example, reduce the amount of payment or refuse to satisfy the plaintiff ' s claims at all, but if the defendant, during the proceedings, can prove that he or she is not the father of the child.

It matters!In addition, the application must clearly state all the requirements as well as the circumstances under which the plaintiff ' s rights were violated, and the evidence must be considered and all the relevant documents must be attached.

How to file a counter-claim in a divorce

In order for the defendant to have the opportunity to prove his or her point of view, there is a counter-claim at the legislative level, which may be filed during the trial; for example, a counter-claim may be filed at any stage of the proceedings, most importantly before the judgement is rendered.

As far as the rules of procedure are concerned, the counter-claim is subject to the same requirements as the rest of the claim, namely:

• It must be written;
• There must be an indication of the judicial authority;
• must include the data of the plaintiff and the respondent.

Grounds for filing a claim for maintenance

It is necessary to know that not all claims are counter-claims; a counter-claim is deemed to be such if:

• It is related to the primary claim;
• By satisfying claims, part or all of the claims will be unable to satisfy the claims of the primary claim;
• Counter-claims will be taken into account as primary claims.

As a result, the filing of an action in response should contribute to a more objective and fair hearing of the case in a court of law.

Reasons for recosting of maintenance

The plaintiff may have filed a claim for alimony and the defendant is in a difficult living situation (serious illness, low income, other children or sick parents, etc.) and considers that, if the court decides in favour of the plaintiff, his rights will be violated and he or she will be in a precarious situation; in this case, the person has the full right to file a claim requiring a reduction in the monthly maintenance payment.

Or consider another situation.

Previously, by his consent or not, the defendant had been recorded by the father of the child and, over time, was required to pay maintenance, although he did not really consider himself to be the parent of the child by blood.

If a person holds the necessary papers, the court will be able to decide the case in favour of the defendant.

These are only a few cases of jurisprudence that demonstrate that there is no need to fear a counter-claim in contentious situations.

Time limits for filing a counter-claim

A counter-claim is an additional claim on the part of the defendant who has already been sued for alimony.

It appears that the additional facts provided by the defendant are added to the plaintiff ' s claims, and lawyers are used to referring to it as an expression of counterarguments to the plaintiff who filed the initial claim.

It is also reasonable to call this type of document protection or the respondent ' s response.

Under the law in force, a counter-claim can be filed at any stage of the trial and must be accepted without question; however, the lawyers recommend that it is best to draw up such an application and file it during the preparation of the trial; in fact, it must be made available during the collection of the required documents.

It matters!It is best to present its counter-claims as early as possible from the time the primary claim was filed.

This is necessary in order for the judge to be able to form an opinion on the case immediately, having both the parties ' views on the circumstances, which will contribute to an objective examination of the case.

However, there is a point where a counter-claim of alimony in divorce is not admissible, as is being told by the Russian Civil Code, namely articles 410-411, which state that once the statute of limitations and the decision on the case have expired, all the facts and subsequent statements are no longer considered.

Process of filing a claim

The basis for filing and filing a claim is compliance with all the necessary rules; if any violation occurs, it is likely to be followed by a refusal to process the claim, or it will be returned; in the worst case, this may lead to an increase in the amount of maintenance at all.

A counter-claim for the recovery of maintenance is dealt with in the manner in which the primary action is considered, i.e. the whole chain of events is related, so that the judge must first consider whether the two statements are related and then analyse the matter.

After the second or even the first trial, the parties may come to a compromise which, on the legal side, should consist of writing a document called a peace agreement (a maintenance agreement), a method that is considered to be the easiest and the fastest, in which case both parties only benefit by saving time, money and nerves.

The requirements set forth in the counter-claim may be provided by the defendant as an expression of his own disagreement with the actions of the plaintiff.

Attention!In any case, the requirements must be noted by the court, except where they do not exceed the requirements of the primary claim.

Response requirements and rules for filing a statement of claim

As already indicated, the parties to the trial may conclude a peace agreement.

In addition, in certain cases, the conflict could be resolved by applying for a set-off between the defendant and the plaintiff.

A set-off in civil law relations is understood to mean the method of termination through the voluntary decision of both parties.

There are also conditions under which a set-off is made, namely:

1. Uniformity – claims must have a similar object (assets, money, etc.).
2. Meeting the demand.
3. Time frame.
4. Size.

If the above requirements are clearly met, the court takes a counter-claim, which is enshrined in article 410 of the Civil Code of the Russian Federation.

In addition, there are cases in which netting is not permitted, for example, claims cannot be set off if the limitation period has passed and when:

• Compensation for damage to health;
• The procedure for the recovery of maintenance has been carried out;
• There was an obligation to keep a person for life.

A direct application for netting may be made as an objection to a specific statement of claim that has been filed by the respondent.

Procedure for the acceptance of a counter-claim

A number of conditions, which are clearly stated in article 138 of the Code of Civil Procedure of the Russian Federation, must be met if a counter-claim is to be accepted.

In particular:

1. A rebuttal claim for maintenance must be made in set-off for the primary claim.
2. The full or partial satisfaction of the counter-claim precludes the satisfaction of the requirements of the primary.
3. Two statements are interrelated.
4. Two applications are to be considered simultaneously, leading to a simple and expeditious trial.

It is up to the judge to take or refuse to take a counter-claim for alimony, which is the only one who is capable and empowered to assess the situation and the appropriateness of the application.

If the judge considers it necessary not to take into account the facts set out in the application, the defendant will end up with nothing.

However, he would have the opportunity, as provided for by law, to file an appeal.

For example, the requirements should be clearly stated so that, when read, the judge can once again understand the substance of the requirements and the fact that the claims are interrelated.

This will make it possible to resolve the matter more quickly with the admission of the statement.

It happens, however, that the court refuses to accept a counter-claim on alimony.

You have the right to file a similar application, but at the same time to file it as a simple suit.

This will require more effort, you'll need to find more evidence that you're right, but in this case the court will no longer have the right to refuse a statement of claim.

How to file a counter-claim for maintenance: sample

The procedural law provides an opportunity to defend their rights in court not only to the potential recipient of maintenance money, who wishes to recover the child's maintenance money, but also to the potential payer, who is the defendant in the case.

What's a counterclaim on alimony?

In order to answer the question raised in the above subheading, it is necessary to refer to the rules of the Code of Civil Procedure of the Russian Federation, which, of course, do not refer specifically to the notion of a counter-claim on maintenance, but reveal the meaning and conditions of the declaration of all civil claims, the nature of which is the same.

Thus, article 137 of the Code of Criminal Procedure gives the defendant the right to file a counter-claim.

• The claim must be brought before the judicial authority before a substantive decision is taken on the original plaintiff ' s claim;
• The counter-claim shall be considered in conjunction with the original claim;
• The counter-claim must meet the general requirements for claims.

The conditions for acceptance of the claim are set out in article 138 of the Code of Criminal Procedure of the Russian Federation.

1. Its satisfaction would entail a set-off of the original claim.
2. The satisfaction of the response will preclude the satisfaction of the original claim.
3. There's a connection between the lawsuits.

With regard to the first paragraph, it was not appropriate to deal with the question of counter-payment, and it was not permissible to set off the performance of the maintenance obligation through the performance of a retaliatory obligation.

If, for example, the child ' s mother claims maintenance for a minor and the father requests the court to retain the maintenance from the former spouse because he is incapable of work, the court may:

• Consider both claims in a single trial, as they are related to each other;
• satisfy both requirements.

Thus, in the case described, if a counter- and initial claim for maintenance is granted, there is a certain cycle of finance.

The father pays the child by giving money to the mother, and the mother pays to the former spouse and father of the minor.

The mother of her son or daughter is not entitled to fulfil her obligation to pay for her husband ' s benefit by using the money that is collected in favour of her child.

Based on the requirements of the law for the adoption of a response, examples of such claims for maintenance may be provided as follows:

1. When a spouse asks for payment in instalments and the ex-husband asks for retention of the fixed amount because there are other dependents on the maintenance.
2. An action to reduce maintenance, for example, if the defendant has a very high income and even a 1/4 share of it is a lot of money.

Thus, in response to the question as to whether a counter-claim could be filed against alimony, it should be noted: yes, this is possible if the statement of response is not contrary to the above-mentioned rules of the PCA.

How to prepare a document?

It has already been noted above that the form and content of the response must be consistent with the general requirements of the claim; accordingly, the claim, for example the reduction of maintenance claimed by the respondent, must be:

• Prepared in writing;
• is made in several copies: for the court and for all other persons who must take part in the proceedings.

With regard to the content of the document, the action brought before the court should include the following information:

• The court that hears the case;
• The plaintiff defendant and the plaintiff defendant – this is how the parties begin to be called after a counter-claim has been filed;
• On the factual relationship on which the claimant respondent bases its claim;
• On the rules of law justifying its position;
• on the requirements put forward.

The application must be accompanied by a receipt of payment from the Government if it is charged for the application of a particular claim.In addition, documents are attached which may become evidence in the case.

Where to get a sample application

First, it is worth noting that there is no one-size-fits-all model, depending on which counter-claims are made, and there may be a large number of them: reduction of payments for a wife who is already being recovered, exemption from the need to pay, establishment of a certain procedure for the execution of a decision, etc.

• Subpoena on maintenance: download sample
• First, we need to understand what kind of response is going to be made, and then we need to look for a sample.
• It can be obtained:

• In the court of reception, samples of procedural documents are placed on a stand or contained in a special folder;
• A lawyer in charge of family law;
• downloading on the Internet, for example, on our website.

Method of dealing with two claims in the same process

If there's a counter-claim for alimony, the court starts to look at the case from the beginning, which is quite fair, because now you have to look at the disputed situation from a slightly different angle, given the interests that the defendant is trying to defend.

• The case is being prepared for a court hearing;
• The date of the new session of the court shall be fixed.

Furthermore, everything takes place in the format provided for by the Russian Code of Criminal Procedure:

• One party ' s arguments are heard;
• Hearing the other side of the case;
• The evidence is being investigated;
• The parties shall speak in the debate, and shall speak out their lines if they so wish.

After the hearing, the court goes to the deliberative room and makes a decision.

• Satisfying one and denying the other;
• Satisfying each, but partially.

Accordingly, there may be cases in which, once the decision has the force of law, two executive sheets will be issued, the plaintiff and the defendant will be bound by mutual obligations.

Some outcomes and conclusions

The following conclusions may be drawn from the consideration of all aspects of the question of a counter-claim on maintenance:

1. In order to determine whether, in a particular situation, a claim for maintenance can be made, at a minimum, it is necessary to examine the provisions of articles 137 to 138 of the Code of Criminal Procedure of the Russian Federation. These articles refer to cases where a claim can be made by the defendant.
2. An application filed with the court by a potential payer must meet the general requirements for claims: their form and content.
3. It is better to download the application on the Internet or to seek the assistance of a qualified legal expert to prepare a valid claim before a court.
4. Both the counter-claim and the initial claim are heard in a single trial and one judgement is rendered.

Why is it more efficient to make a counter-claim rather than suing separately after one judgement has been rendered? First, time will be saved, because all issues are dealt with in the same process at once.

Secondly, a more equitable decision is made, as the court takes into account all the nuances of the situation by analysing the position of the respondent claimant and the claimant respondent.

Thirdly, there is the possibility that the procedure established by the judicial authority for the performance of obligations will not change for long, since all differences have already been settled by the court.

How to file a counter-claim for alimony recovery

• What's a counter-claim on alimony?
• What happens when a counter-claim is filed
• How the Court accepts the application
• How to correct a counter-claim

The maintenance litigation is a complex procedure that can be further complicated by the filing of a counter-claim, and the article tells us what a counter-claim is, where to find a sample of the compilation and how to file a claim for maintenance.

What's a counter-claim on alimony?

The response is a counter-claim filed by the defendant against whom a claim for maintenance has already been filed; in other words, the defendant ' s counter-claim in the maintenance case is counter-claimed against the plaintiff ' s claim.

Examples of counter-claims:

• The mother sues for maintenance from the father for the maintenance of the minor child and the father for a counter-claim for maintenance from the claimant on the ground of incapacity.
• The father makes a counter-claim for the recovery of maintenance in a fixed amount of money;
• The father filed a claim for a reduction in the percentage of maintenance.

The right to file a counter-claim is prescribed in article 137 of the Code of Criminal Procedure.

• The time limit for filing, pending a decision on the first plaintiff ' s request;
• Both cases are heard at the same time;
• Compliance with the general rules for filing claims.

The conditions for accepting a counter-claim are laid down in article 138 of the Criminal Code of the Russian Federation.

1. Both lawsuits have a connection.
2. The satisfaction of the retaliatory action will result in the set-off of the first claim.
3. The satisfaction of a counter-claim precludes the satisfaction of the first claim.

It is best to file a counter-claim as soon as the original claim has been filed.

The court may refuse to accept the application if the statute of limitations of the case and the judgement handed down have expired, which follows from article 410-411 of the Russian Civil Code.

In all other cases, the adoption of the documents and the procedure for their consideration are subject to the general rules under articles 131 and 132 of the PCA of the Russian Federation.

See also the video of a claim for maintenance:

What happens when a counter-claim is filed

The completion date and outcome of the proceedings depends on the ability and accuracy of the respondent to comply with the established rules.

The applicant must file an application in accordance with the prescribed form and deadlines, and must attach the full package of documents that support his claims (e.g., the existence of other minor children or dependents).

In the event of a violation of the rules of procedure, the court shall return the documents to the defendant and shall be entitled to refuse the proceedings until the time the package is re-assessed. The action will be heard on the same basis as the original claim.

In the first place, the court representative will examine the relationship with the first claim and the arguments of the parties; the response is considered to be counter-arguments of the defendant ' s charges against the plaintiff. As a result of the first or second judicial meeting, the parties to the dispute may find a suitable solution that would satisfy both of them.

This is the quickest and easy way to reach a compromise that preserves the nerves and the money of both sides.

How the Court accepts the application

A representative of a court may refuse to accept a counter-claim if he considers the arguments to be unconvincing.

If a counter-claim is accepted, it will be dealt with in conjunction with the first claim.

If the court has not accepted the counter-claim, it can be processed as an ordinary claim (not a counter-claim).

How to correct a counter-claim

The response is no different from the normal claim for maintenance, and if the parties wish to ensure that the trial is not delayed and the judgement is delivered in the near future, each of them must be responsible for the preparation of their documentation, in accordance with the established rules, without errors and with all the necessary arguments.

If there are errors in the case file, the judge sends them with notes that they will need to be corrected. When the amended version is presented again, it will be processed on the same day. If the errors are present in the amended version, the judge will again refuse. All requirements and arguments must be clearly and clearly indicated in the document.

After this, it should be specified that the following changes should be made:

• The amount of maintenance;
• Method of recovery;
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The best way to fill out an application in court is to help the court clerk do the right thing.

If the court has failed to satisfy the requirements of the counter-claim, it is possible to challenge the decision by filing an appeal.

Meeting statement of claim: Counter-claim of maintenance

The provision of a counter-claim for maintenance to the Court is the most effective method of protecting the defendant ' s rights when those rights are violated or the defendant has a counter-claim against the plaintiff.

A reverse claim is a written claim by the payer against the recipient against an ongoing maintenance proceedings, which may be filed at any stage of the proceedings prior to the Court ' s decision on the recovery of maintenance.

Formation

The content and rules of procedure of the application are regulated by the Code of Civil Procedure in article 131 and the documents annexed to it for the Court in article 132 pf.

The court provided for a procedure for filing a complaint, in which the court would be obliged to return the claim to the plaintiff for correction or to refuse to consider its claims at all, and careful consideration should therefore be given to the drafting and filing of the document.

Dear readers!In our articles, we look at the model ways of dealing with legal issues, but each case is a case-by-case one.How to solve your problem.- use the online consultant's form on the right or call us on the phone:

+7 (499) 110-33-98Moscow, Moscow Region

+7 (812) 407-22-74St. Petersburg, Leningrad Region, remaining regions: online consultant>free of chargeAn objection to a claim for maintenance must be filed in accordance with the general rules of the place where the disputed case is heard, i.e. before the same court.

A counter-claim on maintenance provides for a special jurisdiction to determine its involvement in the original case; the judgement in this case will deal with both the first and the second claim at the same time.

Useful Video

• A lawyer in this video video will answer how to correctly write an objection to a statement of claim.
• Mandatory conditions for the Court ' s acceptance of an objection to an action for maintenance require it to comply with the rules set out in 138 pf:

• The counter-claim for the recovery of maintenance contains a set-off of the requirements of the original document;
• If his claims are satisfied, the principal claim for maintenance is cancelled in part or in full;
• the existence in the objection of a direct correlation with the first claim.

The acceptance of a counter-claim depends on the appropriateness of the claims contained therein; the relationship between the application for payment and the objection to it implies the existence of direct evidence that would complicate the decision-making procedure.

Thus, a joint hearing should help the court to reach a decision markedly faster, otherwise the judge would refuse to hear the case.

If it has occurred that the court has refused to execute the motion in a counter-claim, the defendant has the right to file an independent claim with the court in general.

Set-off of respondent ' s counter-claims

1. The spouses may be able to conclude the Maintenance Agreement in the course of the settlement of their dispute in order to prevent the consequences of the claimant ' s claims.
2. But it is easier to set aside the plaintiff ' s and the defendant ' s claims in the case of two claims.
3. The set-off of secondary and basic requirements would reduce the conflict between spouses and create maintenance obligations in a peaceful manner.
4. A set-off may be made if the following conditions are met:

• Both claims are inherently similar;
• The response requirements do not exceed the original requirements.

According to article 411 of the Rules, counter-claims and original claims will not be satisfied in the following cases:

• The period of limitation for the application has expired;
• The defendant seeks compensation for the loss of health and the payment of maintenance indefinitely.

• Thus, satisfaction with the protests of both parties is possible only if they are of equal value to each other and if the parties to the process agree.
• A counter-claim is a standard claim form that can be downloaded here.
• Dear Readers, the information in the article may have become obsolete, use free advice by calling:
  +7 (499) 110-33-98Moscow, Moscow Region
  +7 (812) 407-22-74St. Petersburg, Leningrad Region
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How to make a proper counter-claim on alimony

A counter-claim under maintenance obligations refers to the defendant ' s legal response to a civil dispute; a counter-claim is a legitimate way to bring its claim to the plaintiff.

General

The content of the counter-claim must reflect all of the defendant ' s claims against the plaintiff, a particular feature of which is that it can be dealt with at the same time as the principal claim filed by the money seeker.

If the alimony payer needs to resolve any issues with the plaintiff, filing a counter-claim is the most effective method of defence that can be used in the proceedings, and such images can protect the defendant from unfair claims in his view.

However, according to Russian law, such a counter-suit is admissible at any stage of the proceedings, except when the judge has already handed down his final decision.

Participatory situations for application

On the basis of case law, several main cases in which the defendant decides to file a counter-claim can be identified:

1. After the divorce, the mother of the minor child filed a claim for maintenance, but the father wanted to challenge his paternity.
2. One of the spouses who pays child support wishes to reduce the amount of the payment, and the other party refuses to accept such a decision.
3. If the beneficiary decides to apply for an increase in monthly maintenance and the alimony payer refuses to do so.
4. The mother filed a claim for maintenance, but the father wanted to sue the children to live with him.

How to file and counter-claim

The rules of articles 131 and 132 of the Code of Civil Procedure regulate the form and conditions for the filing of a response to a claim under maintenance obligations; the issuance and subsequent submission of this document implies strict observance of a certain procedure and rules; if the applicant commits any violations, the judicial authorities may take the following action:

1. Return the counter-claim on the maintenance obligations to the defendant.
2. Refusal to accept claims for objective reasons.

It is necessary to take into account the fact that such claims are subject to the jurisdiction of claims and are subject to special conditions rather than general rules.

A counter-claim for maintenance payments is filed at the place where the principal claim for maintenance is heard, in which case the judge who is conducting the proceedings in the case issues only one decision, which relates to the clarification of both claims.

Reply requirements, procedure for the preparation of the application

When a counter-claim is filed, and in the future in the course of the proceedings, on two separate claims, the parties to the proceedings may enter into a peace agreement between themselves, and there are special cases in which the proceedings arise in which the parties can resolve all the conflicts between them by way of a set-off of principal and retaliatory claims.

Under civil procedure law, set-off is a method of terminating obligations (both basic and reactive) in which the parties voluntarily reach a single decision.

1. Uniformity: According to this principle, all claims must have a homogeneous object, in which case property or its monetary equivalent.
2. The initial claim must contain a claim from the plaintiff to the defendant and a repeat claim from the defendant to the plaintiff.
3. Timelines: According to the law, the filing of an action can only be filed after the filing of a claim in the main claim is due.
4. The amount claimed should not exceed the amount claimed in the original claim.

Under the provisions of article 410 of the Civil Code, the judicial authorities may accept a counter-claim only if all the above conditions for set-off are met.

A set-off of claims may not be made if there is an end to the limitation period in respect of a declaration made by the other party.

Stages of the procedure for the acceptance of an action

The procedure for filing a counter-claim on maintenance must be preceded by a number of actions aimed at identifying all the mandatory conditions listed in article 138 of the Code of Civil Procedure.

1. Retaliatory claims must necessarily be in the form of set-off documents, which were set forth in the original statement of claim.
2. The response process results in the failure to exclude partial or full satisfaction of the underlying statement of claim.
3. Effective resolution of each other ' s claims is possible only if there is a link between the claims filed in parallel.

A court representative may accept a counter-claim only if it is possible to merge with the plaintiff ' s original claim and only in order to effectively resolve the issue of maintenance obligations.

A lengthy trial is a factor in the consideration of the claims filed and the evidentiary basis available in the case, and if the defendant is denied a counter-claim, the applicant is entitled to his claim in the form of an independent claim, which is resubmitted to the same justice of the peace.

Final provision

In accordance with Russian law, alimony payments may not be deducted from the claimed counter-claims. Maintenance payments made on the performance sheet may not be claimed back, except in a few cases as provided for in the law:

1. Rescission of the court decision to recover maintenance from the parent for the maintenance of a minor child; this decision is made in connection with the receipt of a communication from one of the parties to a case concerning the provision of false information or documents.
2. A voluntary agreement for the recovery of maintenance is null and void because it was concluded under the influence of deception, threats and violence on the part of the recipient.
3. In the course of the trial, it was established that a court decision, a voluntary maintenance agreement or other executive document had been forged on the basis of which maintenance was paid.

Funds paid under an agreement or an executive document shall be spent by the recipient of maintenance at his or her discretion, but in the interest of the minor.

It is for this reason that the reverse recovery of alimony payments, which have been listed without sufficient justification, places the claimant in an unfavourable financial position and sometimes becomes an impossible task for him.

Therefore, the reverse recovery of maintenance that has been received without sufficient grounds is not permitted.

A counter-claim for alimony: 2023 sample

When applying to the court, the plaintiff must be prepared to file a counter-claim, based on the principle of the adversarial nature of the parties to the proceedings, and often the counter-suits are filed by the defendants in cases involving maintenance obligations. Consider how it is appropriate to draw up a counter-claim for alimony.

Basic information

A counter-claim is a claim on behalf of the defendant against whom the plaintiff has already filed a claim for maintenance payments, and it is recommended that a counter-claim be prepared and submitted to the court as soon as the plaintiff has filed his first application; when the statute of limitations and the ruling has expired, the court will not accept the counter-claim.

Features of filing a counter-claim

If the defendant wishes to file a counter-claim, the following particulars shall be taken into account:

• The claim is referred to the court before the original action is decided by the court (if the defendant has missed the deadline, he is still entitled to file his claim, but in this case he will no longer have a counter-claim and the case will be prolonged);
• The counter-claim and the initial claim are heard together because they are interrelated;
• Russian legislation does not permit netting.

Consider the example of netting: When a minor's mother divorces, she collects money from her former husband for the child.

At the same time, a man makes a firm claim against his wife because he has lost his ability to work as a result of an occupational disease and now requires financial support from the outside; the court meets the requirements of the first and the second.

As a result, a man transfers money to a child and a woman to a former spouse.

There are several standard circumstances in which defendants file counter-suits with the court:

• The maintenance worker in his own suit asks the court to reduce the money for the child because his income is too high and 25 per cent per child is too large and inappropriate;
• The mother makes a counter-claim to increase the amount of maintenance after the child ' s father has filed a claim to reduce the amount of the payments.

If the defendant makes a claim for recovery of funds, but no such claim is made in the first claim, the defendant ' s claim is not counter-claimed, although it will be examined by the court in the same proceedings.

In marriage, for example, a man can sue for the dissolution of a marital union and for the maintenance of his children, and the mother for the maintenance of minors, or the mother of the child brings a claim to court to establish paternity and recover alimony, and the man asks to challenge the relationship between him and the child by conducting a genetic examination.

Preparation of a counter-claim

The following information will need to be reflected in the claim:

1. Name of the vessel, address of its location;
2. Information on the plaintiff and defendant: FIO, address of residence, contact details (telephone number, e-mail address);
3. A description of the circumstances of life: an indication of the original claim, its arguments and claims, and why the plaintiff (the defendant in the first claim) disagrees with the defendant (the plaintiff in the first claim);
4. Who the minor lives with, who is responsible for the upbringing and maintenance of the child;
5. The reasons for the dispute over the child ' s financial security;
6. Request for child support in the amount indicated;
7. A list of the documents to be applied;
8. Date on which the claim was brought to court, signed by the applicant.

To download a sample of a counter-claim for the recovery of maintenance

The documents attached to the counter-claim include the following:

• Copies of the counter-claim for the plaintiff and the court;
• A copy of the birth certificate;
• Reports of the claimant ' s income and expenses: employment records, tax returns, receipts, cheques;
• Medical certificates establishing the existence of a disability or serious illness of the complainant;
• Evidence of significant changes in the plaintiff's life that affect his financial condition (e.g. the emergence of other disabled dependents, elderly parents, children in a new marriage);
• A receipt establishing the payment of the State Ministry (if maintenance is provided for a child - 150 roubles, for a minor and for a wife caring for a child under 3 years of age or for a disabled child - 300 roubles).

The plaintiff who recovers the alimony payments shall not pay the mistress; it shall be the duty of the person from whom the maintenance is recovered following the court order to pay it.

Example: If a woman plans to collect alimony and sue her husband in the event of a divorce, but does not have information on where he is employed and how much he receives, she may request the court to request the missing documents; the court has such powers.

Trial process

After the court has accepted and examined the counter-claim, it informs the plaintiff and the defendant when the trial will take place, and the parties present their arguments, new evidence, and evidence.

The court then makes a decision – it satisfies a certain claim and dismisses another or satisfies each claim (in whole and in part).

If the court granted both motions, the plaintiff and the defendant are paid on an executive roll for each, and maintenance obligations are imposed on both parties to the proceedings – that is, on the husband and on the wife.

Additional features and nuances

1. A counter-claim can be drawn up directly in court with the help of a secretary, thus avoiding errors and inaccuracy.
2. If legal aid is sought in a counter-claim, the chances of a successful outcome of the case will be improved.
3. If the court has refused to grant counter-claims, the party concerned is entitled to appeal to a higher judicial authority and to challenge the decision.
4. The amount that the defendant indicated in his counter-application should not exceed the amount of the original claim.

Let's sum up.

So, the counter-claim of alimony and the initial claim are interrelated, and it is necessary to file a counter-claim before the court decides on the first claim.

On the basis of the outcome of the case, the court can grant only one claim, or both, in whole or in part.

In the first and counter-claims, the netting of financial obligations is not permissible.

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