Statement of claim to reduce the amount of alimony (sample), claim to reduce the amount of alimony, how to apply for a reduction of alimony

After a divorce, former spouses retain the responsibility to raise and support their common minor children. One of the parents usually lives with the child, and the other pays child support.

Alimony payments can be voluntary, by agreement of the parties, but, in most cases, payments are collected in court. The monthly benefit is calculated taking into account the debtor's income.

But what if your financial situation has changed since the court order was issued? If it is not possible to pay alimony in the established amount, it is necessary to file a statement of claim in court to reduce the amount of alimony.

The legislative framework

Changes in the amount of monthly benefits are decided in court. In any circumstances, the interests of minor children are taken into account first. The procedure for considering cases to reduce the amount of alimony payments is regulated by the Civil Procedure Code of the Russian Federation.

Grounds for reducing alimony

You can file a claim to reduce the amount of alimony only if there are significant reasons and circumstances. The Magistrate's Court considers each case individually. During the process, the judge analyzes the evidence provided, takes into account the financial well-being of both parties and the interests of the child.

The most common circumstances that may affect the reduction of alimony payments are:

• The payer receives disability or acquires incapacity. You can reduce the amount of the benefit if you have the first or second group. The legislator takes into account that under the current circumstances the debtor himself needs expensive medicines and services.
• The appearance of other dependents on the alimony provider. After divorce, men can remarry. In most cases, another baby is born in the union. The ex-husband has additional obligations to provide for the new family. The presence of special circumstances is important: the need for large expenses for the maintenance or treatment of new dependents. The court takes into account these circumstances and may satisfy the claim to reduce the amount of alimony.
• The payer has new alimentary obligations. The obligation to pay alimony for a child, elderly parents or incapacitated spouse is grounds for reducing existing payments. According to the law, for two children the court has the right to withhold a third of all income. Five children will receive 50% of the income (up to 70% in special cases).
• Emancipation of the recipient of payments. Reaching the age of 16 gives children the right to obtain adult status through the courts. This status allows you to work and get married. The child can inherit real estate and receive rental income. If the alimony recipient has a stable income, you can try to reduce payments.
• The minor child was transferred to state support. If the recipient ends up in an orphanage or boarding school, the main funds for his provision will be allocated from the state budget. For the payer, this may become a reason to reduce alimentary obligations.
• Increasing the income of the alimony worker. If payments are made in shares, then with an approximate salary of 40,000 rubles, monthly benefits will be 10,000 rubles. If you earn 300,000 rubles, the interest rate of the benefit will be 75,000 rubles. For many payers, it is obvious that most of the funds can be spent on the personal needs of the ex-spouse. The ex-husband has the right to go to court and reduce the amount of payments. An important circumstance is that it is necessary to provide evidence of misuse of alimony, or that the funds he receives are too large for his needs.

Circumstances that are not grounds for reducing alimony payments:

• high income of the guardian or parent living with the child;
• receipt by minors of benefits and pensions for disability, loss of a breadwinner, student scholarship;
• transfer to the alimony recipient of the inheritance, provided that it does not bring significant profit.

A father who is not working for unjustified reasons must pay support for the children in a fixed amount.

It should be borne in mind that if a claim is filed by a debtor, the reduction will only affect future payments.

Debt for previous periods must be paid in the prescribed amount. Otherwise, the legislator will take tough measures to collect the debt and pay interest on the penalty.

Valid reasons for deferring debt payment:

• delay of wages;
• long-term treatment in a medical institution.

Where and how to file a claim

A claim for a reduction in alimony payments can be filed by the payer or the recipient. As a rule, the plaintiff is the alimony payer.

Applications for a reduction in monetary payment are heard in the court that made the original order of appointment. Such cases fall under the jurisdiction of magistrates. The legislator gives the plaintiff the right to appeal to the magistrate’s court at his place of residence. The right can be exercised in the presence of certain circumstances: health status, residence in another city.

In court you can obtain a sample application to reduce the amount of alimony. It is necessary to clarify the list of necessary additional documents.

When filing a claim in court, you must pay a state fee. The amount of the payment is proportional to the amount of reduced alimony for the entire year. In judicial practice, the amount of state duty ranges from 400 rubles to 60 thousand rubles.

The plaintiff-defendant has the right to send representatives to the court who can act on his behalf on the basis of a power of attorney. The document must be certified by a notary.

How to write an application

The claim is filed in a form. It is important to correctly draw up an application and formulate a claim.

Procedure for filling out a claim statement:

1. Statement header:
   • name of the judicial authority;
   • site number;
   • surname, first name and patronymic of the judge;
   • information about the payer (full name, registration, residential address, telephone);
   • contact details of the defendant - recipient of alimony (full name, registration, residential address, telephone).

1. Body of the claim:
   • grounds for assigning alimony;
   • date of decision on payments;
   • reference to a court order/decision;
   • grounds for reducing the amount of payments;
   • justifications and evidence.

1. Requirement:
   • filing claims to reduce the amount of payments;
   • if there are pre-trial negotiations with the recipient, indicate the result of the agreement;
   • an indication of the amount to which the payer wants to reduce the amount of payments (in a fixed amount or a reduction in share);
   • reference to legislative acts.

1. Final part:
   • list of attached documents;
   • date of;
   • plaintiff's signature.

• The application can be handwritten or printed.
• Sample statement of claim to reduce the amount of alimony:
• Download the statement of claim

Required documents for the claim

Package of documents to secure the claim:

• statement of claim 2 copies;
• birth certificate of children (who receive alimony and who were born in a new marriage);
• applicant's passport;
• certificate of divorce;
• marriage registration certificate (if the plaintiff has created a new family);
• a copy of the court decision on the appointment of alimony payments;
• income certificate;
• an unemployed citizen must submit a certificate from the employment center;
• medical certificate of health, doctor’s statement of disability;
• court decision on incapacity;
• evidence on the basis of which the claim is made.

All documents and evidence relevant to the case are attached to the statement of claim. The more justification for his claim the plaintiff provides, the greater the likelihood of receiving a positive court decision on the claim.

Free consultants who work in some courts will help you draft your claim correctly.

Review Process

A judge may refuse to consider a claim if:

• the application was not prepared properly;
• the claim is filed by third parties acting without the power of attorney of the recipient or payer;
• the claim is not supported by mandatory documents;
• a similar claim has already entered into legal force;
• jurisdiction of the case is not within the competence of the court.

A court hearing is held on the appointed day. During the process, the parties have the right to make motions and statements related to the case. During the hearing, the judge must hear the plaintiff and the defendant. During the hearing, the parties may provide evidence. It is important to prove the connection of the evidence with the case materials. The defendant has the right to file a counterclaim.

After the debate between the parties, the judge retires to the deliberation room, where he makes the appropriate decision on the case. In the courtroom, the judge reads out the decision:

• Satisfy the claim in full (the payer will pay alimony in the amount specified in the claim; if there is substantial evidence, a complete cancellation of payments may be approved).
• Refuse the claim (if the plaintiff has not provided sufficient justification for his claims, then the procedure and amount of payments remains the same).
• Satisfy partially (the judge can adjust the plaintiff’s demand in accordance with the circumstances discovered and evidence during the court hearing).

The parties have the right to appeal the decision of the magistrate within one month.

1. File an appeal to the magistrate court that made the decision.
2. The magistrate court will forward the objection to the higher district court.

Reducing voluntary alimony

When an agreement on the payment of alimony is concluded between the parents, the issue of changing the amount of payments can also be resolved voluntarily, by mutual decision of the parties.

Like the alimony agreement, changes must be formalized by an additional agreement. The document must be certified by a notary.

The main rule is to act in the interests of the minor child. After the reduction in payments, the financial support of children should not worsen. If one of the parties does not support the decision to reduce the amount of payments, then the issue is resolved in the magistrate's court.

Arbitrage practice

In judicial practice, cases of reducing alimony are usually initiated by payers. Fathers are interested in their own well-being. Most often, a woman refuses to enter into a peace agreement to reduce the amount of monthly benefits. The case is resolved in court.

Most often the cause is new children. Sometimes more than two children are born in a re-union. This is not a reason to stop providing for children from previous marriages. A father with many children can count on a reduction in the amount of payments.

In some situations, the guardian abuses his position, spends alimony payments on personal needs, violating the interests of the minor. Example: a former spouse, having learned about his ex-wife’s alcohol abuse, has the right to petition for a reduction in benefits.

In most cases, payers underestimate their own income and hide profits. For example, a man who received a high income files a claim to reduce the share of alimony by providing a certificate of low salary.

Under various circumstances, a man is unable to find decent employment, while the official income of his ex-wife is several times higher than the minimum wage. In this case, the court will satisfy the claim of the low-income spouse.

Therefore, under any circumstances, parents must make equal efforts to raise and provide for their children. However, if one of the spouses is in difficult financial condition due to health or other valid reasons, the legislator allows filing a claim to reduce alimony.

Application to reduce the amount of child support at the birth of a second child: sample

Lawyers practicing in the field of family law know that if a parent has children from his second marriage, and there is an obligation to pay money to the child from his first marriage, then there is a good chance to reduce the amount of payments. To do this, you will need to go to court with a claim. How to write an application for a reduction in child support at the birth of a second child will be discussed in this article.

Having a new dependent

The reason for reducing child support due to the birth of a second child may be the following:

• the payer's marital status has changed;
• The alimony provider is officially obliged to pay money for the maintenance of a minor born in a second family, which increases the total amount of payments so much that they become higher than the law allows.

In the first case, we are talking about a situation where funds are paid for 2 children, if at all, then voluntarily. In the second, when payments are withheld for each minor, but their amount is excessive. The Family Code of the Russian Federation establishes that for two children it is possible to withhold no more than 33% of the parent’s income , but it turns out like this:

• 25% is deducted for the first child;
• on the second 33%:2=16.5.

Total, it turns out 41.5%.

To eliminate such injustice, the parent needs to file a claim for a reduction in child support, attaching a number of documents to it. Namely:

• income certificate;
• decisions of the justice authority to recover a portion of the parent’s income;
• receipt for payment of state duty.

When preparing an application to reduce alimony, you need to understand that the law speaks of the court’s right, and not its obligation, to reduce the amount of payments. Therefore, a plaintiff who wants to achieve a reduction in the amount of alimony due to the birth of a second child must convince the court of the correctness of his position. Not just voice some arguments, but also confirm that his point of view is correct.

The court must take into account the interests of each party:

1. A minor. Which, firstly, must receive funds from both father and mother. And he must receive money in such an amount that his usual standard of living is ensured.
2. The recipient of the funds is the parent with whom the son or daughter lives. The reason for reducing payments is not always the high level of income of the recipient.
3. The payer of funds, who should not give away his last funds, leaving with nothing.

And the judge makes conclusions, in particular, based on what is indicated in the application to reduce the amount of alimony.

Preparing to file a claim

If an application for alimony for the second minor has not been filed, the funds are not collected on the basis of a judicial act and a writ of execution, then it is better to postpone going to court.

Yes, the presence of dependents is a basis for reducing the amount of payments. However, this is not a good enough reason.

If there are no writs of execution in relation to the second minor, then the court, in fact, does not have the right to “deprive” the first child by reducing payments for him.

If there is a writ of execution or alimony agreement, and such a document states that alimony for a child from a second marriage must be paid, then this is a different matter.

The court must take into account the interests of not one minor, but two. And they should be provided equally, which does not happen in practice.

Therefore, in the second situation, the court simply has no choice: it has to satisfy the demands contained in the statement of claim for a reduction in payments.

Application form

An application to reduce the amount of alimony is essentially a claim. Consequently, he is subject to the requirements established in the Civil Procedure Code.

The request must be made in writing. The application must be replicated in the same number of copies as the number of persons participating in the case.

The claim must have a number of mandatory details, in particular, it must be signed by the applicant. You can write the application by hand, or you can type it on a computer.

Contents of the statement

The claim must include a number of information:

1. Name of the court. The issue of jurisdiction of the case is resolved quite simply. In any case, it is necessary to contact exactly the judicial authority that initially considered the application for child support. As a rule, this is a magistrate's court. It can be located both at the place of residence of the alimony recipient and at the place of residence of the recipient of the funds. After all, a claim for alimony may well be filed at the place of residence of the parent with whom the children live.
2. Information about the parties. What information about the parties must be included? FULL NAME. and contact information: registration and actual residence address, cell phone numbers. You can also specify e-mail addresses.
3. Information about the minor. You need to refer to your birth certificate and indicate its details.
4. Information about the actual circumstances of the situation. It is necessary to describe in detail and essentially what relations have developed between the parties, what has changed since the moment the court made the initial decision. In particular, you need to write about the arrival of a child in a new family, and that funds are already being collected for him. You can also refer to other important circumstances in your application: a change in the financial situation of the parties, the emergence of new dependents, etc.
5. It is necessary, among other things, to substantiate the arguments contained in the claim with the provisions of the law. Here you should refer to the provisions of the RF IC (Articles 81, 119), as well as to the norms of the Civil Procedure Code.
6. The plaintiff must clearly formulate his demands, asking the court to reduce payments for the first minor, leveling them with payments for the second.

The application must indicate a list of documents that are attached to the claim. Examples of such papers were indicated above. Initial decisions on the basis of which money is withheld will certainly be necessary.

In addition, the application must bear the signature of the plaintiff and the date of preparation of the document.

Various types of petitions provided for by the Code of Civil Procedure of the Russian Federation may also be attached to the claim:

• on the application of interim measures;
• about calling witnesses;
• on the inclusion of various evidence in the case materials, etc.

Where to find a sample claim

It is difficult for a person far from jurisprudence to prepare a competent statement, even after familiarizing himself with the requirements of the Code of Civil Procedure of the Russian Federation and knowing what information should be contained in the claim. You need to have some form in front of you, a sample application.

application for reduction of alimony

You can download a sample application to reduce the amount of alimony at the birth of a second child on our website. It has been prepared in accordance with all legal requirements. On its basis, you can draw up a high-quality claim suitable for a specific situation.

If you download a sample document from some other resource, then you need to make sure that it meets the requirements of the Code of Civil Procedure of the Russian Federation and the Investigative Committee of the Russian Federation. It is not always possible to find high-quality samples online.

You can also visit the courthouse. Judicial authorities always post examples of how to draw up a particular statement. You need to look for a stand or some kind of folder with samples of procedural documents.

Unfortunately, in accordance with the provisions of the current legislation, court employees are not allowed to advise visitors to this government agency.

Therefore, you can get a form, but no one will tell you exactly how to prepare the papers so that on their basis you can effectively defend your rights.

If understanding the legal norms and rules for document preparation is difficult, then it is better to seek advice from a lawyer. It can also be obtained online.

If the application has been prepared, then it must be submitted to the justice authority by paying the state fee or filing a petition to defer its payment. How to file a claim? In one of the following ways:

1. Appearing at the courthouse in person, handing over the documents against receipt: to the reception, office or expedition.
2. Having sent all the necessary documents by mail, preparing a letter with notification and a list of attachments.
3. By authorizing a person, such as a lawyer, to file a claim. Such a person must have a power of attorney in notarized form.

Application for reduction of alimony

In accordance with part 2 of Art. 81 of the Family Code (Family Code), the court may change the amount of alimony collected, taking into account the material well-being of the parties, as well as other important factors.

If you want to reduce the amount of your alimony payments, you must prepare and file a claim (statement of claim) to reduce the amount of alimony.

Within a month, this application will be considered by the court, which will make a decision on it.

Application requirements

In order for the prepared document to be accepted by the magistrate for consideration, it must meet a number of requirements established by Articles 131-132 of the Civil Procedure Code (Code of Civil Procedure).

The statement of claim for a reduction in paid alimony must contain :

• name of the court to which the plaintiff is applying (the person submitting the specified document);
• FULL NAME. and place of residence of the person who filed the application ( plaintiff );
• FULL NAME. the defendant (the person receiving alimony);
• a description of the current situation regarding alimony and an indication that the current amount is too burdensome due to the difficult financial and/or family situation of the plaintiff and violates his legitimate interests;
• circumstances on which the plaintiff’s claims are substantiated: low income, presence of dependents, etc.;
• evidence confirming the stated circumstances - certificates of income, family composition and other documents;
• the cost of the claim is the amount by which the annual amount of alimony will be reduced, and its calculation;
• list of attached documents .

The list of submitted documents must include a copy of the document confirming payment of the state-established fee (according to Article 333.19 of the Tax Code, its amount ranges from 400 rubles and above, depending on the value of the claim), as well as originals or certified copies of documents that are evidence in the case.

Copies of the application are also attached here , the number of which must be equal to the number of persons participating in the case, that is, at least two .

You can download the application form to reduce the amount of alimony DOWNLOAD

Refusal and return of application

In accordance with Article 134 of the Code of Civil Procedure, the court may refuse to accept an application from a person if:

• the claim was filed by an outsider whose legitimate interests are not violated;
• A similar petition has already been submitted earlier and there is a court decision on it that has entered into legal force.

According to Art. 135 of the Code of Civil Procedure, an accepted application will be returned to the plaintiff in the following cases:

• the application was submitted to a court that is not authorized to consider this category of cases;
• the plaintiff is an incompetent person;
• the claim was signed by a person who does not have the right to do so or does not have a signature at all;
• The plaintiff wrote an application for the return of the statement of claim.

Filing an application to court to reduce alimony

The court authorized to consider cases related to reducing the amount of alimony is the magistrate's court . After paying the state fee, the prepared claim, together with the attached documents, is submitted to the magistrate at the place where alimony is paid.

Not only the plaintiff himself, but also his representative has the right to file a claim in court. Information about him (full name and place of residence) should be reflected in the submitted document and a copy of the power of attorney of this person should be attached to it.

 Consideration of the application

In accordance with Article 154 of the Code of Civil Procedure, the magistrate court considers a received civil case before the expiration of 1 month from the date of acceptance of the relevant application. Both parties are invited to participate in the hearing - the plaintiff and the defendant. They have the right to participate in the consideration of the case both independently and through representatives hired by them.

• Answer a few simple questions and get a selection of site materials for your case ↙

In the courtroom, the defendant will have to prove the validity of his demands to reduce the amount of alimony. The evidence that he collected while preparing the application will help him in this.

We draw your attention to the following important point. When a judge enters the courtroom and when he retires to the deliberation room, all those present must stand up. It is necessary to address the judge not by name and patronymic, but with the words “ Dear Court .” Violation of these rules may be considered contempt of court.

In the room where the hearing is being held, it is necessary to maintain order and not interfere with the actions of the judge or the speech of the defendant. The violator may be removed from the premises and further consideration of the case will take place in his absence.

Making a decision on the application

During the trial, the court will interrogate both parties to the process, study the evidence presented and listen to objections and remarks from the participants in the civil case. After this, the judge will retire to the deliberation room, upon returning from which he will announce the operative part of his decision. It will come into force only a month after its announcement.

Appealing a decision

If the magistrate's court refuses the plaintiff's request to reduce the amount of alimony, this decision can be appealed to a higher court by way of appeal. In this case it will be the district court.

The appeal within a month to the magistrate's court, which considered the case. He, in turn, will send it to the appropriate district court.

Statement of claim to reduce the amount of alimony: sample 2023

The amount of alimony is established based on an agreement or court decision. If the collection procedure was carried out through the court, then to change any conditions you need to file a lawsuit. If the payer is no longer able to transfer the established amount, then he should prepare a statement of claim to reduce the amount of alimony.

General information

Child support payments are the responsibility of each parent. During divorce proceedings, spouses may enter into an alimony agreement to fulfill this obligation. In practice, most often parents have a dispute regarding the payment of child support, so it has to be resolved in court.

The amount can be established both by the payer and recipient (when drawing up the agreement), and by the court. In the first case, it is better to set a fixed amount so as not to calculate interest on the parent’s earnings. But then you need to indicate in the document a clause about indexing the amount. The fixed amount of alimony should not be lower than the established minimum.

If the amount is indicated as a percentage, the following is taken into account:

• for one child, a parent can pay no more than 25% of income;
• for two children they pay no more than 33%;
• three or more children – 50% (sometimes the amount can reach up to 70%).

If the payer is unemployed, he is still obliged to help his children financially. For this, other types of income are taken into account - benefits, pensions, etc. The amount of payments in this case will be less, but it must correspond to the cost of living in the region.

Reasons for reduction

So, the parent must pay a certain amount of child support, which was established independently or by the court. Accordingly, he should have the opportunity to change the amount if necessary. But in Russian legislation there are no rules that regulate changes in the amount of alimony at the request of the payer.

Therefore, when there is a reason to reduce payments (temporarily or permanently), judicial practice is used. According to this, the court may take into account the following grounds:

1. Decrease due to the birth of another child. The parent can pay another alimony or spend additional funds on the treatment (maintenance) of the newborn. Expenses must be documented.
2. Appearance of other dependents. In addition to the child, the payer may also have dependent adults who are disabled - spouse, parents, etc.
3. Difficult financial situation of the payer. This may be a lack of work due to the fault of the employer (downsizing, liquidation of the company), delayed wages, etc. As a rule, in this case, the reduction in the amount of alimony is always temporary.
4. Significant increase in payer income. If the court has established alimony in the form of a certain percentage of earnings, this amount, as income increases, may significantly exceed the needs of the minor. Therefore, the court will reduce alimony without any problems.
5. A child aged 16 to 18 years has acquired legal capacity by performing labor activities. If you earn enough money, the amount of alimony may be reduced.
6. Receiving income from the rental of personal property. Only the property of a minor is taken into account.
7. Increasing the income of the child's guardian. With a significant increase in profits, the need for alimony may disappear.
8. A minor is supported by the state (boarding school, military school, etc.).

If the payer goes to court, the reasons for reducing alimony must be documented.

Agreement

An agreement on the payment of alimony between parents must be drawn up and certified in accordance with all the rules. Changes to this document are also carried out according to the established procedure. The parties must contact a notary and conclude a new agreement, indicating the necessary points.

After signing this document, the old agreement becomes invalid. In this case, the most important principle is taken into account – voluntariness. If one of the parents does not agree with changes to the agreement, you need to go to court.

Trial

In order to change the amount of alimony, the payer needs to prepare a claim, documents and submit them to the court. You need to apply to the magistrate’s court at your place of residence or the place of residence of the defendant.

A state fee must be paid - its amount depends on the value of the claim. For example, if the plaintiff wants to reduce the amount by 2 thousand rubles, then the savings for the year will be 24 thousand rubles.

The minimum amount of state duty will be 400 rubles.

Statement of claim

The claim in this case is one of the most important documents, so it must be drawn up very carefully. It is better to seek help from a lawyer who, for a reasonable fee, will help you fill out the application correctly. When drafting it yourself, mistakes may be made that will lead to the court refusing to accept the document.

A standard claim for alimony reduction includes the following items:

1. Name of the judicial authority.
2. Information about the parties – the plaintiff and the defendant. You must provide your full name and contact information.
3. Information about the child receiving alimony.
4. Information about the appointment of alimony payments. If this was a court decision, then you need to write down the details of the writ of execution, the assigned amount, method of payment and other details. The same must be done if the parties have a dispute over the terms of the agreement.
5. Reasons for reducing the amount. It is necessary to indicate whether the measure is temporary or permanent, as well as the amount of payments. For example, a decrease from 1/4 to 1/6 of income.
6. Request to reduce the amount of alimony.
7. List of normative acts.
8. List of documents attached to the application.
9. Signature, date.

Download a sample statement of claim to reduce the amount of alimony

The application can be submitted in person, through a representative or by registered mail. He will be sent back if:

• the claim will be filed in the wrong court (jurisdiction not respected);
• the plaintiff had already applied for a reduction in alimony earlier and his claim was granted;
• the representative filing the claim does not have the appropriate power of attorney;
• the plaintiff is incompetent;
• the claim was made with errors.

In all other cases, the document will be accepted for consideration.

Documentation

The plaintiff will need many documents with which he can prove the validity of his claims. If we are talking about reducing alimony, you will need:

1. Personal documents (passport, etc.)
2. Certificate of marriage or divorce.
3. Documents confirming the birth of a child, paternity, etc.
4. A writ of execution or agreement to pay alimony.
5. Certificate of income.
6. Papers confirming the basis for reducing payments.
7. Calculation of alimony (in a fixed amount or in the form of interest).
8. Receipt for payment of state duty.

Copies must be made of the statement of claim and documents.

Submission of an application by a third party

The law allows for the possibility of reducing child support if the plaintiff is the mother of another child of the payer. If she wants to collect alimony for her child, then she has the right to file a corresponding claim in court. Then the court will have no choice but to divide the alimony.

For example, a father pays 20% of his earnings for his minor son from his first marriage. In his second marriage, he has another son, whose mother seeks additional alimony. The court, taking into account the fact that the payer has a first child, divides the alimony according to the law. Therefore, each of the children will receive 16.5% of the father’s income.

Consideration of the application

Regardless of who is the plaintiff, the trial is carried out according to the established procedure. The statement of claim is considered within 1 month, after which a date for the hearing is set. If the plaintiff has provided insufficient documents, he will be given additional time to prepare.

The court may impose one of the following conditions:

• will satisfy the claim;
• will reject the application and leave the amount unchanged;
• will completely relieve the payer from his obligation (temporarily or permanently).

It should be borne in mind that the court is primarily concerned with the interests of the child, and not the financial situation of the plaintiff. If the recipient of alimony does not suffer from the reduction in the amount, then the claim may be satisfied. But if his interests are violated, the claim will be rejected.

Objection to the claim

When going to court with a request to reduce the amount of alimony payments, you need to take into account that the defendant may object to this. And not necessarily verbally during the trial or by appealing a court decision. The defendant has the opportunity to file an objection to the claim.

An objection is a written document that can be presented to the court at any stage of the proceedings, but only before a judgment is made. You can submit an objection either in printed or handwritten form. The law does not impose any special requirements for the content of the document, but basic information must be provided:

1. name of the judicial authority;
2. case number;
3. Full name of the participants in the process;
4. document's name;
5. the defendant's arguments opposing the plaintiff's claims;
6. a petition to obtain evidence in the case (if necessary);
7. requirement to refuse to satisfy the claim;
8. list of documents;
9. signature and date.

Download a sample objection to a statement of claim to reduce the amount of alimony

If we talk about specific grounds for reducing payments, then objections to them may be as follows:

• The birth of other children. It is not a significant reason if the payer continues to live with the second family.
• Deterioration of the financial situation of the payer. If the payer is to blame for the dismissal, then the lack of funds to pay alimony is not grounds for reducing the amount. Especially if it violates the interests of a minor.
• Illness or disability. If the payer continues to work in his previous position, then there is no reason to reduce the amount.
• Labor activity of a minor. For example, he works only on vacation or a few hours a day after school. Such earnings cannot be grounds for reducing financial assistance from parents.
• Availability of dependents. If the payer takes care of elderly parents, this is not yet a basis for reducing the amount of alimony. The mother and father may be pensioners and receive appropriate support from the state.
• Availability of debts and loans. The personal debt obligations of the payer cannot become a reason for violating the rights of a minor.

Even if there are insufficient grounds for objections, the defendant still needs to provide the court with his position.

Arbitrage practice

The court will always take into account the interests of a minor child, so a claim to reduce the amount of payments should be filed only if there are serious grounds. Otherwise, the request will be denied. There are many such examples in judicial practice.

In 2018, citizen K. appealed to the court with a request to reduce the amount of alimony he pays for his 16-year-old son. He motivated his request by the fact that his son works part-time in a supermarket in his free time. This means he has his own income.

The court reviewed the case and all evidence presented. It turned out that the boy’s income is unstable, since he spends most of his time studying. In addition, he spends all the money he earns on medicine for his sick mother. In this regard, he refused to satisfy the claim and ordered citizen K. to continue to pay alimony in the amount of 25% of earnings.

Liability for non-payment

If the payer cannot fulfill its obligations, it should apply to the court to change the relevant conditions. Those who do not do this stop paying the entire specified amount, which subsequently leads to debt. Some debtors eventually stop paying alimony altogether.

If a parent refuses to fulfill this obligation for 4 months or more, he becomes a willful defaulter. Many of them also try to hide their income and location, quit their jobs, etc.

For all these actions, Russian legislation provides for appropriate liability. And every malicious defaulter is attracted to it:

1. Civil responsibility. Provides for the payment of a penalty for each day of delay. It is 0.5% of the debt amount. You can collect the penalty through a bailiff or in court.
2. Criminal liability. Article 157 of the Criminal Code of the Russian Federation contains sanctions applied to persistent defaulters. The most severe penalty is 1 year imprisonment.

Most often, persistent non-payers of alimony are brought to administrative responsibility. This may be an appropriate fine or forced labor. Less commonly, a ban on traveling abroad or deprivation of a driver’s license. Administrative liability also includes deprivation of parental rights.

This measure is used in conjunction with other reasons - poor attitude towards the child, committing a crime against the relatives of a minor, etc. A defaulter can be deprived of parental rights provided that he has not been interested in the life of the child for years.

The important thing is that this does not deprive the parent of his responsibilities towards his son or daughter. If there is a child support debt, it continues to increase. In addition, children are the heirs of such parents.

But the mother or father cannot make any decisions regarding the child, demand meetings with him or inherit from him.

It is also prohibited to file a claim for the recovery of alimony from a child in old age or upon the onset of incapacity for work.

Let's sum it up

The reasons for reducing alimony payments may vary. Sometimes it is indeed difficult for parents to pay the specified amount due to temporary difficulties at work or in the family.

And in this case, it is better to negotiate peacefully or seek support in court, but not allow debt to arise.

Otherwise, in addition to the debt, you will have to pay administrative fines, penalties, or bear additional liability in the form of forced labor.

If you want to find out how to solve your particular problem, please use the online consultant form below or call :

Statement of claim to reduce the amount of alimony: sample, where to submit the document?

According to the letter of the law, a citizen who has children must support them. If the social unit has collapsed and the child lives with one parent, the other is obliged to provide him with financial assistance. However, persons obligated for alimony do not always agree with the amounts of payments that the court awards them.

In these situations, they have the right to file a claim to reduce the amount of alimony. The application must have its own background: special circumstances that are supported by evidence. The court's decision can only be reviewed by the court itself.

Grounds for filing a claim

The list of grounds for appealing to a judge is limited. It includes:

• receipt by the plaintiff of group I or II disability;
• the appearance of other dependents (the birth of a second child);
• a child who has reached the age of 16 has an official job or source of income (rented apartment, securities);
• payment of alimony for 2 children from different wives;
• a significant increase in the income of the person paying alimony (25% of his income more than covers all the reasonable needs of the child);
• a significant decrease in the plaintiff’s income;
• the child was transferred to support from the state.

Other children or disabled parents act as dependents. Due to the large amount of existing alimony, they may not receive the funds due to them or receive them in small amounts, which infringe on their rights.

When a person becomes disabled, the person obligated for alimony needs professional care, which is associated with additional expenses. These expenses significantly deplete his budget.

A child for whom alimony is paid may have his own income, the funds from which partially cover his needs. Then he needs less financial support.

One child is entitled to a payment of one quarter of the salary.

If two different mothers applied for child support for their children and the judges decided to pay 25% to each, then the payer is forced to pay exactly half of his earnings for the maintenance of two children.

According to the law, 33% of income is paid for 2 dependents (that is, 16.5% for one child). In this situation, the amount of child support is subject to revision. Below is a sample application for the birth of two or more children.

The following circumstances cannot be the reason for contacting the servants of Themis:

• increase in earnings for a person raising a child;
• calculating a child's pension;
• the appearance in the child's ownership of property that does not generate income.

Sample of filling out a statement of claim for alimony reduction

If an agreement was concluded after the divorce, then if the wife agrees to reduce alimony, it can be re-issued. When the recipient of alimony expresses categorical disagreement with a change in the amount of payments, there is only one way left - to the court.

Filling out the application will not take much time. It contains information about the plaintiff, defendant, and a statement of the circumstances of the case that forced the person to go to court.

After this, the components of the evidence base that support the plaintiff’s position are listed.

Finally, the amount by which the person obligated for alimony wishes to reduce the amount of alimony and the list of accompanying documents are mentioned. A sample application can be found below.

The list of documents must include a receipt for payment of the state duty. Its minimum cost is 400 rubles. The amount can be higher; it directly depends on the cost of the claim. This list also contains copies of the application itself. Their number must correspond to the number of persons who will act as participants in the case.

What other documents are needed?

The list of documents does not have strict restrictions. It may vary depending on the specific case, because situations are different, as are the circumstances and documents proving them.

For example, if a person obligated for alimony has become disabled, medical certificates are needed confirming this fact.

When new dependents appear, it is necessary to present documents that confirm this fact. The judge’s decision should also be attached, according to which the plaintiff is obliged to support not one, but two or more dependents. It is required to present a copy of the divorce certificate, a copy of the child’s birth certificate, and the judge’s decision to withhold from the defendant the current alimony, the amount of which he wants to reduce.

Where and when should a claim be filed?

Where should I file a claim for a reduction in benefits? Cases of this kind are dealt with by magistrates at the place where alimony is paid. The role of plaintiff can be not only the person directly liable for alimony, but also his representative. The right to represent interests comes into force after the power of attorney is drawn up and certified by a notary.

READ ALSO: sample application to change the method of paying alimony

The representative’s passport details must also be displayed in the application, which will be considered within a month.

During this time, a hearing will be scheduled, to which all parties involved in the case will be called.

It is necessary to carefully collect evidence immediately after the occurrence of circumstances that may serve as a reason for reducing the amount of alimony.

It is worth remembering that the court does not tolerate unfoundedness. Each statement must have a solid evidence base. In order not to waste your own and other people’s time, you need to prepare for filing a claim. If the plaintiff is not well versed in legal matters, it is easier to pay for advice or assistance from a qualified specialist.

How to reduce the amount of alimony in a fixed amount?

If the withholding of alimony was assigned in a fixed amount of money, it can also be reduced, or you can ask the court to order alimony payments as a share of income. The circumstances on which the claim is based include the same changes in the plaintiff’s marital status, health status, deterioration of his financial situation, as well as changes in the child’s income.

In this case, an increase in the plaintiff’s income is excluded as a reason. Situations where the alimony obligee asks for an increase in the fixed amount are extremely rare in judicial practice.

Much more often, the reverse side turns to judges - having learned about the improvement in the financial situation of the child support payer, the parent with whom the child remains, demands from the court an increase in the fixed payment.

Can the court refuse to recalculate alimony?

If the judge finds the evidence weak and the justification insufficient to reduce alimony, he may refuse to satisfy the plaintiff's demands. Don’t despair and call it a day: the opportunity to challenge the decision remains. There are a number of situations in which the court returns the claim:

• it was submitted without a signature or with the signature of an unauthorized person;
• it was incorrectly submitted to an authority that does not deal with cases of this nature;
• the plaintiff wrote an application to return the claim;
• the plaintiff is incompetent.

In some cases, the judge may refuse to consider:

• an identical application has already been filed earlier and a decision has already been made on it;
• the plaintiff is an outsider who has neither relation to the case nor the right to represent the interested party.

How to challenge a claim to reduce the amount of alimony?

Firstly, it is always possible for the parties to reach an agreement. If the person obligated for child support only intends to file a claim, then the second parent can influence him with a simple conversation.

Agreements are concluded even in hopeless situations. If a claim has already been filed, it is worth preparing your own evidence base, which will be a good response to the plaintiff’s justification, capable of challenging it.

At the same time, an objection is filed with the court, a sample form of which is given below.

The petition mentions increased expenses for the child. Checks and receipts are used to confirm them. The child’s poor health and the need for constant medical supervision and treatment will also be evidence of large expenses.

If the alimony payer claims that his income has decreased, but he has unofficial sources, this can also be proven.

False information, which served as a means to mislead the court, will also become a powerful counterattack to the plaintiff’s evidence base.

It will not only affect the course of the process, but will also contribute to the punishment of the dishonest party. If the court has already made a decision to reduce alimony, the defendant can file an appeal within a month before it comes into force.

If the appeal is rejected, then the defendant has six months to file a cassation appeal.