Alimony reducing information may be interesting to:
- The debtor – the father (husband), in order to reduce the amount of alimony for the first child through the court;
- The new wife of the spouse from whom the alimony from the first marriage is being collected. So that the new family does not end up in a less well-off condition than the children from the previous marriage, living with the ex-wife.
- The ex-wife in case her ex-husband has new children.
It is possible to reduce the amount of alimony only through the court in accordance with Art. 80, p. 2, Art. 81, Art. 119 of the Family Code of the Russian Federation.
Grounds to file a claim with court:
It is possible to reduce alimony if the financial situation of the applicant does not correspond to the previous level and it is approved. This is possible when the alimony is paid in shares, or in a fixed amount.
However, the payer's claim may be dismissed if the court considers the grounds to be unconvincing. For example, if you paid alimony for 3 children (50% of earnings), and another child was born in a new family, then the court will reduce alimony for the first three children so that 50% of earnings are paid for all four.
Another example: the court can reduce the amount of alimony if their payment was previously made in a large fixed amount, and now the payer no longer has income that allows him or her to pay the previously agreed amount.
The grounds for filing a claim:
· new dependent in the family
· serious illness of a minor child
· disability resulting in incapacity for work
· incapacity for work of the alimony payer - a change in his or her marital status
· loss of well-paid job
· a high degree of the recipient's income (for example, a disability pension, state benefits, etc.) in relation to the financial situation of the payer
· inheritance of a dependent
You bring the entire bundle (copies and originals) to the court: a statement of claim for alimony reduction, birth certificates of children, their medical records, certificates of income and family composition, court decisions of previous proceedings.
Based on the practice of such cases, it is recommended to apply within three months.
The decrease in the amount of alimony in a fixed amount can be another variant to the issue. In this case, the court always takes into account the subsistence level of the region in which the payer's child lives. Another variant is the alimony transition in shares. One child in a family is 25%, two - 33%, three or more - 50%.
Objection to an alimony reduction application
Most often the recipient of the funds takes a position against reducing the amount of alimony from the ex-spouse. The law provides for filing of an objection to the statement of claim, which is also attached to this case.
But the claim may be refused, since the court may consider the financial situation of the recipient of the alimony
The court can refuse a claim for the reduction of alimony in the event of:
· Divorce by the recipient of funds with a new spouse or his loss, as a result of which the maintenance of the child has become more difficult,
· The drop in the recipient's income level has decreased,
· Providing the child (children) with the necessary medicines on an ongoing basis due to his illness.
We will provide the evidence necessary to have your Alimony Reduced. Contact us so we can help you!
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