Changes in child support. Judicial practice of increasing alimony. Changing the amount of alimony. State duty

The funds that parents, when living separately, allocate for the maintenance of minor children are called alimony. The spouses determine their size and payment procedure independently or in judicial procedure. At the same time, having considered all the circumstances presented by the plaintiff and defendant, the court may change the amount of payments.

Child support

Art. 80 ch. 13 of the RF IC determines that parents are obliged to support their minor children. The form and procedure for providing maintenance is determined by the parents independently.

But this is not always possible. For example, the issue of alimony often arises in the event of a divorce. Or if one of the parents, even when living together, refuses to take part in the upbringing and maintenance of a minor child, then the need arises to establish child support obligations. This concept is defined by the RF IC.

By agreement of the spouses, one of the parents can allocate funds for their son or daughter in a fixed amount or a certain portion of all types of income.

Ch. 16 of the RF IC provides parents with the opportunity to independently prepare, formalize and sign an agreement on the payment of alimony. But such an agreement will have legal force only after it is certified by a notary. Otherwise, if one of the parties fails to comply with the terms of the agreement, the other party will not be able to challenge it in court. At the same time, a competently drawn up and executed agreement on alimony obligations is equivalent to a writ of execution. The injured party has the right to send it to executive bodies(to the bailiff department) to recover money from the negligent parent in the prescribed manner. Therefore, it is best to entrust the decision to such important issue a qualified specialist.

Pay attention!

If parents are divorced or cannot amicably agree on child support, then they should go to court. To do this, the plaintiff must prepare a statement of claim and attach a package to it necessary documents. The documents are submitted in two copies: one is sent to the court, the second remains with the applicant.

Amount of alimony

The collection of alimony is the jurisdiction of magistrates.

The amount of alimony paid by parents is established in court in accordance with Art. Art. 80 and 81 of the RF IC. If the spouses did not enter into an agreement with each other, payments are recovered from the defendant as follows:

• for one child one fourth (25 percent) of all types of earnings and income;
• for two children, one third (33 percent) of all types of income;
• for three or more children, half (50 percent) of all types of earnings and income.

If the payer's income is constant, payments can be set at a fixed amount. In this case, the citizen is obliged to pay a monthly amount determined by the court.

The reasons may be changes in the financial and marital status of the parties, as well as other circumstances worthy of attention.

Depending on the circumstances, the amount of alimony shares can be changed by a court decision either upward or downward.

The reasons for the reduction are the following:

• disability of the payer;
• loss of ability to work;
• collection of alimony for the maintenance of children from various matters;
• the payer has other dependents who, as a result, do not receive the maintenance funds required by law or receive them in a smaller amount;
• the payer has an extremely high income. In this case, the 25 percent allowance for one child may be too much to meet his daily needs;
• a significant decrease in the payer’s income or other problems and circumstances that the court considers important.

The amount of alimony can not only be reduced, but also increased.

The reasons for the increase are the following points:

• a significant decrease in the income of the recipient of payments due to a decrease in wages;
• loss of the recipient's job (for example, as a result of staff reduction);
• a significant increase in prices for consumer goods while the salary of the alimony recipient remains unchanged;
• a serious deterioration in the recipient’s health, as a result of which he requires significant funds for his own support. At the same time, it is not possible to allocate money for a child;
• the appearance of dependents on the recipient (this may be the birth of another child, elderly parents, payment of alimony by court decision to other dependents)
• death of the person who provided financial support to the recipient (parent or spouse).
• the emergence of additional income for the payer, improvement of his financial condition;
• termination of maintenance obligations in relation to persons who were previously dependent (children coming of age, divorce from a dependent spouse, etc.).

Pay attention!

In any case, the question of whether to reduce or increase the amount of alimony is decided only by the court. That's why interested person you should file a corresponding claim.

Statement of claim to change the amount of alimony

To resolve the issue of changing the amount of alimony, a corresponding statement of claim is submitted to the court. Both the payee and the payer can file a claim.

When preparing this document, be sure to include the following information:

• the name of the judicial institution to which the claim is filed;
• information about the plaintiff and defendant, full name, place of residence, contact numbers (if any);
• full title of the document: “Statement of claim for an increase (or decrease) in the amount of alimony”;
• the total cost of the claim (the amount of money by which it is planned to increase or decrease payments);
• all exhaustive circumstances that led to the need to adjust the amount;
• demand to the court (section “I ask”);
• list of attached documents.

At the end, put the date the claim was filed and your signature.

Pay attention!

Sample statement of claim You can take it directly from the court at the information stands or download it from the official website of the court. It is best to take documents from the website judicial authority, which you are going to apply to.

Changing the amount of alimony. State duty

When filing a claim to change the amount of alimony, you must first pay a state fee. Its size is determined from the value of the declared claim. If it is less than 20 thousand rubles, the state duty will be 4 percent of the amount, but not less than 400 rubles.

For claims ranging from 20,000 to 100,000 rubles, you must pay 800 rubles + 3% of the amount exceeding 20,000 rubles.

For claims in the amount of 100,000 to 200,000 rubles, you must pay a state duty of 3,200 rubles + 2 percent of the amount exceeding 100,000 rubles.

If you file a claim for an amount from 200,000 rubles to 1 million rubles, the state duty will be 5,200 rubles + 1 percent of the amount exceeding 200,000 rubles.

For a claim over 1 million rubles, the state duty will be 13,200 rubles +0.5 percent of the amount exceeding 1 million rubles, but not more than 60,000 rubles.

When submitting an application with requirements that are not subject to assessment, a state fee of a fixed amount of 300 rubles is paid.

Changing the amount of alimony to a fixed amount

To receive payments in a fixed amount of money, you need to go to court with a corresponding statement of claim. A fixed amount as the established form of payment is applied in the following cases:

• the payer does not have a permanent source of income;
• if the payer has unofficial work;
• when evading payment of alimony;
• upon receipt of wages in monetary units another state;
• when receiving a salary not in money, but in kind (materials, products, etc.).

(Article 81 SK). And in that other article there is a clause that their size can be revised taking into account the financial and marital status of the parties and is determined based on the principle of maintaining the previous material support for the child. In addition, there is Article 119 of the Family Code, which makes it possible to change the amount of alimony or exempt from paying it. Thus, There are two ways to pay small alimony:

1. Prove that the amount of child support does not meet the needs of the child.
2. Refer to a change in financial or marital status. Moreover, the arguments must be quite compelling.

Required grounds

The first case is relevant when the parent has a large income, and the share established by law far exceeds the required level of material support. The parent is obliged to support only the child, and not the second parent (if he does not care for the child under one and a half years old).

In this case, you need to file a statement of claim, in which you must indicate the real level of expenses for the minor and ask for the assignment of alimony in a fixed amount of money in accordance with p.p. 1 and 2 tbsp. 83 SK based on maintaining the child’s previous level of material support, taking into account the fact that collecting alimony in shares of earnings significantly violates the interests of one of the parties. In this case, the payer.

Example 1: Father’s earnings are 200 thousand rubles; if living together, 30 thousand were spent on the child every month. According to Art. 81 the amount of alimony should be 50 thousand rubles, but this is more than necessary, and the father loses 20 thousand rubles every month. And there is no guarantee that they are going to provide for his offspring, and not his ex-wife.

Another type of such case is when a minor, who is already 16 years old, goes to work or becomes an entrepreneur and partially supports himself. Since he does not need full support from his parents, the amount of child support can be reduced.

The second case is more complicated. Most often, it happens that the amount of child support is reduced due to the birth of other children. In this case, either their mother must also (which is allowed in a legal marriage, you just need to prove that the spouses live separately or one of the spouses does not participate in the financial support of the baby). or it is necessary to prove that payment of the previous amount infringes on the interests of other children.

Example 2. The father pays 25% of his earnings for the child from his first marriage; another was born in his second. The current spouse applies for alimony as a share of earnings. For two people, a third of the income is paid, 1/6 per child. Thus, the amount of payments for the first child is reduced from 25% to 16.7%.

Example 3. The father’s earnings are 20 thousand rubles, he pays 25% for the child from his first marriage, leaving 15,000. In his second marriage, he has another one, and his wife finds herself on maternity leave. Thus, he has to provide for three people alone, each getting 5 thousand rubles, which is obviously less living wage and infringes on the interests of the second baby. In this case, you can apply for a review of the share of alimony in accordance with paragraph 2 of Art. 81 IC, and the court will reduce this share.

There are other grounds for reducing the amount of alimony. For example, a change in a parent's income. If he previously had a stable job and paid alimony in shares of earnings, but quit and became an individual entrepreneur with an unstable income, or switched to seasonal work, or lost official income, alimony is already assigned under Article 83 in a fixed amount. And this amount may be less than a share of earnings, although the courts really do not like to reduce child support.

Of course, this is only possible if the reduction in the amount does not infringe on the interests of the minor.

When alimony is established not in shares, but in a fixed sum of money, and your income does not allow you to pay it, you can achieve the establishment of a shared payment ratio. But there must be exceptional circumstances proving that the parent cannot earn more. For example, he has been diagnosed with some disease that prevents labor activity, disability has been established.

Filing a claim

A claim to reduce the amount of alimony is filed in the magistrate’s court at the defendant’s place of residence. Based on Article 119 SK. But keep in mind that the reasons for reducing their size must be really compelling and documented. You will need to justify the deterioration in your financial situation or prove that a change in family circumstances really affected his ability to provide for the child.

To summarize all of the above, We list the main cases when a claim helps reduce the amount of alimony:

1. The payer's disability or the presence of serious illnesses that impose restrictions on work activity.
2. Labor or entrepreneurial activity child if he is already sixteen.
3. Establishing other alimony obligations, the presence of dependents on the payer.
4. Collection of alimony in favor of different mothers (fathers).
5. Extremely high payer income.
6. Significant decrease in income.

We are writing a statement

In the “header” on the right you need to indicate the name of the judge and the number of the precinct, the passport details of the plaintiff (yours) and the defendant (the person receiving alimony), in the center the name of the application - “Claim for a reduction in the amount of alimony”).

The text of the claim must:

1. State the current situation - write that you pay child support for the child or children in accordance with the court order, indicating its number, date, and the name of the judge.
2. Justify the change in circumstances by writing what exactly has changed - approximate options are given above (you have had a child, you have been assigned other alimony, your income has changed or the possibility of receiving it, etc.).
3. Go to the statement of requirements, referring to the legislation.
4. State the requirements - change the amount of alimony, the procedure for calculating it.
5. Write a list of attached documents under numbers (including copies of the claim).
6. Sign on the right, date on the left.

The pages of the statement of claim are numbered, as are the attached documents. Among them there should be copies of the claim - as many as there are participants in the process.

You can download a sample form.
Read about other packages of documents for alimony registration

State duty

Reducing the amount of alimony is a property claim, and for such a state duty is paid depending on the amount in dispute. That is, it all depends on how much you want to increase or decrease payments.

If the total amount of reduction for the year is:

1. Less than 20,000 rubles – 4%, not less than 400 rubles.
2. Less than 100,000 rubles – 800 rubles + 3% of the amount minus 20,000.
3. Less than 200,000 rubles – 3,200 rubles + 2% of the amount minus 100,000.
4. Less than a million rubles – 5200 rubles + 1% of the amount minus two hundred thousand.
5. More than a million – 13,200 rubles + 0.5% of the amount over a million.

That is, if you want to reduce alimony by a thousand per month, the cost of the claim is 12,000, which is less than 20,000, the state duty is 12,000x4% = 480 rubles. If for 10 thousand, the price of the claim is 120 thousand (more than a hundred, less than two hundred), the price of the claim is 3200+3%x(120,000-100,000)=3800 rubles.

How to increase?

Changing the amount of alimony, which is possible thanks to the existence of Article 119 of the Family Code, is not only a decrease, but also an increase. Very often, alimony is assigned to be meager, since parents bring to the court certificates of official salary, although in fact they have a much higher income. In this case, it is better to immediately file an appeal against the judge’s decision and ask for the appointment of fixed alimony under Article 83 of the Family Code, since the interests of the child are infringed. You will be spared the additional costs of paying state fees.

When the decision has already entered into legal force, To review the amount of alimony you will have to pay a state fee as for a property dispute (see size above). In addition, it will be necessary to prove that the financial situation of the parties has changed since the decision was made.

The grounds for increasing the amount of payments are changes in the financial or marital status of the parties. This means that you can file a claim if:

1. Your income has changed significantly and does not allow you to fully support your child.
2. Maintenance costs have increased and the amount of alimony does not satisfy them: the teenager has to pay vocational education, bear the costs of treating the child, etc.
3. Your health condition has changed and requires large expenses, due to which you cannot allocate the same amount for child support.
4. You have new dependents or child support obligations.
5. The payer's number of dependents has decreased, and other alimony obligations have ceased.
6. The payer has other income from which alimony is collected.

All these circumstances must be proven. If there has been a change in income, you must attach to the claim copies of your work record book, personal income tax certificate 2, a certificate from the Employment Center, etc., as well as justification for the costs of maintaining a minor.

If a child or you are diagnosed with any disease, you need a medical certificate about this, preferably also receipts for medications, an agreement with a nurse or visiting nurse, etc.

A special case when the payer has new sources of income. According to Government Decree No. 841 dated July 18, 1996, alimony, in addition to wages and all related payments (bonuses, allowances, vacation pay, etc.) is collected from compensation payments, income from:

• pensions (except for the loss of a breadwinner);
• entrepreneurship;
• mining activities;
• rental of property;
• shares and securities;
• civil contracts.

Thus, if ex-husband rented out an apartment, but does not pay alimony to his ex-wife from the proceeds, you can file a lawsuit. Or when he retired but continues to work, etc. Or he does contract work, combining it with his main job. But you will have to prove that he has additional income, which is not always easy.

We are writing a statement

In claims to increase the amount of alimony, the plaintiff is the recipient, and the defendant is the payer. An application is submitted to the magistrate's court - the name of the judge and the number of the site must be indicated in the header, as well as the details of the plaintiff and defendant.

The text of the claim must:

1. Describe the current situation that you receive alimony in favor of a child based on a court decision (indicate the number, date, judge), indicate its amount.
2. Indicate that the financial situation of the parties has changed, write exactly how.
3. Justify the change in financial situation and expenses for the child.
4. Referring to the legislation, formulate claims.
5. Write a list of attached documents (including copies of the claim by number of parties).
6. Add date and signature.

A sample document can be downloaded.

Conclusion

The amount of alimony can be revised, but for this there must be compelling circumstances. It is better to try to achieve an adequate size even when a court decision is made on their appointment. In addition, state fees for such cases can be quite high, because this is a property dispute.

The main document regulating alimony legal relations is the Family Code.
Yes, Art. 101 determines the procedure for changing the settlement agreement concluded between the parties.

Any amendments are allowed only if there is a joint decision.

If it occurs controversial situation, the solution to the problem is transferred to the court.

Review of alimony

Participants in alimony legal relations can determine the new amount voluntarily or forcibly.

Voluntarily

If payments are made on the basis of an agreement, then changes in their size are made by agreement.

In this case, it is enough for participants to conclude additional agreement, providing for changes in the amount of regular payments.

It is advisable to contact the same notary office where the main agreement was drawn up.

Important! When changing the amount of payments, you should determine an amount that is not inferior to the amount due to the child according to the court. Otherwise, the settlement agreement is declared invalid.

A notarized document acquires the status writ of execution.

It is transferred to the bailiffs and the payer’s employer.

Forcibly

If the parties cannot agree among themselves peacefully, the consideration of the issue is transferred to the court.

In this case, the applicant needs to prepare a claim in which the controversial situation will be described, evidence will be presented, and demands will be given.

All necessary documents are attached to the claim.

A state fee is also paid.

After the court considers the appeal, a meeting is scheduled to which the parties are invited.

Jurisdiction

Citizens often make the mistake of applying for a recalculation to the authority where they received the first decision on alimony.

But a claim for revision of payment amounts is an independent document that is subject to general requirements jurisdiction.

You may be interested in the following articles:

Reasons for reduction

The payer may qualify for a reduction in the amount of payments in the following situations:

Attention! There are grounds on which it is possible not only to reduce the amount of payments, but also to completely release a person from financial obligations (Article 120 of the Family Code).

Reasons for increasing

Alimony increases for the following reasons:

Important! Circumstances considered unacceptable: the material well-being of the parent living with the child, the child’s non-profit-making property, or the child receiving a pension.

Thus, the fact that the mother living with the child has a stable and high salary does not give the father the right to claim a reduction in his payments.

Alimony represents the father's financial obligations to the child, and not to his ex-wife; accordingly, her income does not matter.

The amount of payments cannot be reduced due to the child’s property.

For example, shares of an apartment or a full-fledged apartment that is not rented do not generate any income.

Accordingly, the fact of the existence of this property is not taken into account by the court.

Features of payment changes

There are certain features of changing the amount of payments that participants in alimony legal relations must take into account.

Impact of indexing

If the parties interact on the basis of an agreement, the document must provide for the indexing procedure.

Otherwise, recalculation will be made automatically in accordance with the provisions of Art. 117 SK.

Indexation is carried out based on the increase in the cost of living existing in the recipient’s region of residence.

If not set for a specific subject this indicator, is taken as a basis intermediate level around the country.

Indexation is carried out by the accounting department of the organization in which the payer works.

If he is unemployed, the recalculation is made at the initiative of the bailiffs.

If there is a court decision to change the amount of alimony, the next indexation is made based on the fact of an increase in the cost of living.

Important! Only alimony awarded in a fixed monetary amount is subject to indexation.

Impact of the children's division

The parent pays child support when he does not live with the children.

There are situations when, during a divorce, parents divide their children among themselves.

Some stay with their mother, some with their father.

In this case, each parent becomes the payer of child support for the child with whom he lives separately.

In this case, the fact of the presence of dependents in the person of children with whom the payer lives together is taken into account.

Number of children

The amount of financial assistance corresponds to the number of children, making up the share of income: for one - 25%, for two - 33%, more than two - 50%.

A fixed sum of money is assigned if a person does not have a stable income, receives money in foreign currency, or constantly changes jobs.

The amount of payments depends on the needs of the children and the cost of living.

For example, a man pays 25% of his income to support a child from his first marriage.

Having remarried and given birth to a second child, he receives the right to reduce the amount of payments for the first child.

In the overwhelming majority of cases, the court approves such claims, since the payer has a new dependent, whose maintenance requires additional expenses.

The best solution to the issue is

Instead of a share of the income, a fixed sum of money is transferred to support the first child, which the parties determine independently (peacefully) or with the assistance of the judiciary.

Thus, a reduction or increase in the amount of alimony is allowed.

Such a decision is made voluntarily by the parties or determined by the court.

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Article 80 of the Family Code of the Russian Federation assigns to all parents the obligation to support their children. In what form and how to do this - parents determine at their own discretion. They have the right to voluntary imprisonment.

Parents who do not provide maintenance for their children are subject to collection of funds. guardianship authorities send them there. Although established by law, it may be increased or decreased in certain circumstances. When this can be done and how – we’ll look at it in this article.

Standard alimony amounts

It is clearly defined in Article 81 of the UK. If the parents have not reached an agreement that would stipulate a specific agreement, then the court determines following sizes:

• For content 25%;
• – 30%;
• and – 50%;

From the salary or any other income of the parent. At the same time, in the presence of some important, in the opinion of the court, circumstances, the amount of payments can be either increased or decreased.

Reasons for resizing

There is a whole list of reasons for changing the amount of alimony obligations. They can be both material and intangible. For example, a change in social status, marital status, a decrease or increase in income. Among the reasons for the reduction in payments is the inability to pay the required amount due to a long-term serious illness discovered in the payer.

The decision to change the amount of payments is made only by the court upon the application of the payer or recipient. It must be very reasonable and convincing for the court to satisfy it.

How to increase your payout amount

New obligations may have a negative impact on living standards and financial well-being not only the payer himself, but his newfound family, which may also include children. Therefore, courts resort to this measure only in very extreme cases.

These may include: the occurrence of expenses that could not be foreseen in advance, for example, for medications during treatment or insufficient funds in other similar extreme circumstances.

How can I reduce it?

This is also an exceptional measure and is applied by the courts if the payer provides convincing evidence that his situation is critical and he is unable to pay the required amount due to circumstances beyond his control.

There is one exception to this rule. It concerns citizens who have very high incomes. If the court decides that child support is excessively high and excessive for the normal provision of everything necessary, it will grant the petition of the wealthy payer and reduce the amount of payments to him. This will not in any way prejudice the interests of children.

Required documents

If it is necessary to change the amount of payments, it is necessary to go through a certain procedure and submit certain documents:

• Conclusion of a settlement agreement on new conditions, which is certified by a notary. This is a very rare option, since voluntariness in such an area as alimony obligations is extremely rare.
• Submitting a statement of claim to the court with new demands for the amount of alimony. The claim must contain a detailed statement of all the circumstances that, in the opinion of the plaintiff, may be grounds for his satisfaction.
• Providing all necessary evidence confirming the information specified in the claim, referred to by the plaintiff. The package of documents provided to the court must contain: notarized copies of birth certificates of children in whose interests the decision will be made, documentary evidence that confirms the need to change payments, a certificate of family composition, a certificate of income 2-NDFL for the last six months, a copy personal account.

The court considers the statement of claim with the study of all evidence in the manner of civil proceedings. The parties have the right to present their arguments and evidence. The decision will be made based on a study of all materials and arguments of the parties.

How does indexation affect the amount of alimony?

Legislation periodically establishes salaries, pensions and other payments. The cost of living also increases. It depends on the region of residence. Therefore, alimony obligations may also be subject to indexation. It increases in direct proportion to the increase in the cost of living in a particular region or throughout the country as a whole.

The second option is relevant for regions where the cost of living is not established by regional legislation. The minimum subsistence level is required to calculate the amount of alimony for non-working citizens.

Objection to recovery

According to 129 Code of Civil Procedure Russian Federation courts can cancel orders for the collection of alimony made earlier, taking into account material, family and other important, in the opinion of the judge, reasons. That is, the Civil Procedure Code allows the defendant to file an objection or the plaintiff’s claims. In the objection, he has the right to indicate the reasons why he believes that the claim is unfair and not justified in whole or in any part of it.

The written objection must contain up-to-date references to the current legislation, and the defendant himself is obliged to provide the court with evidence of his arguments that confirm the unfoundedness of the statement of claim in the material or procedural part.

There are no special requirements for this by law, but it must be drawn up in free written form according to the rules for drawing up court documents. If the defendant files a written objection after familiarizing himself with the claim before the court hearing, this greatly saves time on the consideration of the case on the merits, since both parties have the opportunity to familiarize themselves in advance with all the arguments and objections of the opposite party.

The objection must be filled with significant reasons in accordance with Art. 129 Code of Civil Procedure of the Russian Federation, having documentary evidence:

• The defendant was found to have a burdensome financial situation, due to which, in the interests of both parties, the amount of alimony should be changed;
• Renting housing by the defendant due to the lack of his own;
• The plaintiff's disability was caused by alcohol or drug abuse;
• A child who needed child support was adopted;
• The defendant acquired children in a new family.

Taking into account the above circumstances, the court may well refuse the plaintiff’s claim.

Thus, the current family and civil legislation is quite flexible in determining the amount of alimony to be collected. Both the recipient and the payer can file a lawsuit to change the amount of payments. In this case, anyone can file an objection to the claim.

Legal proceedings are carried out on the basis of equal competition between the parties, which guarantees an objective consideration of the case and the adoption of a fair decision.

If there are grounds, it is possible to change the amount of alimony. This is done by voluntary agreement or in court if the parties do not agree with the proposed terms. Filing a claim is available to both the payer and the recipient, but for this it is important to know the legislative nuances and reasons for making adjustments.

Grounds for changing the amount of alimony

The specifics of alimony payments are regulated by the RF IC. In Art. 81 of the RF IC states that in the case of separation from children, regardless of the presence or absence of an official divorce, the second parent must transfer funds in the following amounts:

• 25 % – ;
• 33 % – ;
• 50 % – .

If ex-wife pregnant, in maternity leave, is raising a young disabled child, she can recover from the man. Funds are paid in a fixed amount, as with payments for a minor, if the father is not officially employed or the exact amount of his earnings cannot be determined.

If the former spouse wants to adjust the amount of payments, he can do so if there is the following reasons:

• 1 or 2 groups. If you have a certificate from a medical institution, it must be presented to the court as evidence, since in such a situation the alimony payer may himself need financial support, and his expenses will increase sharply.
• . Initially, 25% is assigned to one child, and a similar amount is assigned to the second. The payer is required to transfer 50% of the income for two, although according to the RF IC only 33% is required. If you reduce the amount, the children will receive 16% of their father's earnings.
• Employment of a child over 16 years of age. Evidence will be required to demonstrate his earnings and the absence of a need for financial support from his father. Equated to income is receiving profit from renting out an apartment, as well as from business activities.
• Having other dependents. When the alimony obligee has support from ex-spouses and other persons, the court may reduce the amount of payments for the minor.
• High income of the payer. If his earnings are several times higher than average salary, 25% may be too much for child support; he has the right to petition for a reduction in the amount of payments.
• Transfer of the child to state provision. Alimony is paid only for the duration of the holidays or for the purchase of essential items.
• Decrease in the payer’s income level: salary reduction, dismissal due to reduction. In this case, it is also possible to minimize alimony.

Important! Dismissal by at will is not a valid reason for reducing the amount of alimony. In this case, the court can establish alimony in a fixed amount, and is not registered with the Central Employment Service, or oblige him to pay interest on unemployment benefits.

Through the court, it is possible to completely cancel alimony when paternity is contested or a child is adopted by the ex-wife’s new spouse.

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Changing the amount of child support at the birth of a second child

The birth of a second child is a valid reason for reducing the amount of alimony, because here an additional burden is placed on the payer: in addition to payments for the first child, one has to support the spouse on maternity leave and provide for another son or daughter.

When considering a case, the court takes into account the following facts:

• Financial situation of the payer. If the father earns little and has a large financial burden, the claim will be satisfied in part or in full.
• Earnings of the recipient (mother). Her salary is enough for a comfortable existence, and the person obligated for alimony earns less, but he has more expenses, and the likelihood of his claim being satisfied is high.

If the payer divorces his new wife, who is filing for alimony, he will also be required to pay 25% of his salary, for a total of 50% only for the children. In such a situation, he can file a claim with the court to reduce payments on the basis of Art. 81 RF IC.

Changing the amount of alimony from a share to a fixed sum of money

When assigning alimony in shares, there is often a need to establish. The parties may do the following:

• . It indicates when and how much money the payer transfers. The document is certified by a notary.
• . Required if the ex-spouse does not agree with the proposal to establish a fixed amount.

For both parties, the following may serve as a motive for changing share payments to fixed ones:

• Increase in payer's earnings. If he pays money as a percentage, the amount for child support at a high wages may turn out to be high, he has the right to petition for its reduction.
• Increasing the amount of alimony to the recipient. When calculating, it may turn out that more money will be transferred in a fixed amount than in a shared amount, which is the most profitable.

The alimony obligee or the recipient may file a claim with the court to change the method of collecting alimony, supporting it with reasons and evidence.

Changing the amount of alimony from a fixed sum of money to an equity one

Either party has the right to petition for a change in the method of collection. cash from a fixed amount to a fractional amount. This is beneficial for the recipient if the payer gets an official job with high earnings.

Example 1:
Babaev R.O. is not officially employed, they have imposed an obligation to pay money for child support in the amount of 5,000 rubles. monthly. He regularly transferred finances, but after a few months he got a job with a salary of 70,000 rubles.

Having learned about this, the wife filed a lawsuit to change the method of collection to shared. The application was granted, after which Babaev R.O. was ordered instead of 5,000 rubles. pay 17,500 rubles. The writ of execution is sent to work, deductions are made automatically by the accounting department.

The payer may request a change in payment method upon retirement or reduction in earnings.

Example 2:
During his work, O.L. Yunin was ordered to pay alimony in the amount of 10,000 rubles. fixed for a salary of 35,000 rubles. After retirement, his benefit amounted to 15,000 rubles, leaving him with 5,000 rubles to live on.

Yunin O.L. filed a lawsuit to change the amount of alimony from a fixed amount to a shared one, payments decreased from 10,000 to 3,750 rubles.

Changing the amount of alimony for your ex-wife

The obligation to mutually support each other rests with the spouses Art. 89 RF IC. If a wife is pregnant, is on maternity leave, or is considered in need while raising a child with a disability, she has the right to request alimony from her husband without a divorce. Payments are set by the court in a fixed amount.

In the event of a divorce, former spouses may also qualify for financial support if they fall into certain categories:

• pregnant women and with children under 3 years of age;
• caring for children with disabilities and those identified as needy;
• citizens who became disabled during marriage or within a year after divorce;
• pensioners who retired no later than 5 years after the divorce and who are in need.

Payments are assigned or changed voluntarily or judicially. If an alimony agreement was previously drawn up and the spouses came to an understanding, it is enough to draw up an annex to the agreement changing its terms and have it certified by a notary.

If the recipient disagrees, the payer must go to court. If you stop transferring money or do not do so in full, you will be required to pay a penalty - 0.1% of the amount owed for each day of delay.

Changing the amount of child support when the child reaches the age of majority

If the alimony obligee transfers funds for two children and the first child turns 18 years old, payments for him are canceled. Until cancellation, alimony is paid in the amount of 33% of the salary. After the cancellation of the obligation to support the first son or daughter, the mother of the second child has the right to demand an increase in payments to 25% of income, because previously it was charged 16.5%.

To increase the amount of payments, it is enough to conclude an alimony agreement with your ex-spouse, and if this is not possible, go to court. There is no need to support the application with written evidence; a reference to Art. 81 of the RF IC, according to which the father is obliged to transfer 25% of the salary.

Changing the amount of child support for a grandparent

If older people do not have children or they are not capable of child support, grandparents can collect alimony from their grandchildren if there are grounds:

• established disability and need;
• impossibility of collecting payments from first-degree relatives.

The grandchildren must be able-bodied and of age. In the absence of a peace agreement, collection is carried out in court, payments are assigned in a fixed amount.

If the financial situation of the grandchildren sharply worsens, their own children appear, or incapacity for work is established, they can petition for a change in the amount of alimony or for its cancellation.

Changing the amount of alimony due to indexation

Indexation of salaries, benefits and other payments is carried out annually in the spring and is approved by the Government of the Russian Federation. Its value depends on the level of inflation, the increase in the cost of the consumer basket and other nuances.

According to Art. 117 of the RF IC, must be a bailiff or accountant at the payer’s place of employment. This is done regardless of the wishes of the parties, so their participation is not required.

State duty when changing the amount of alimony

At the moment, there is no clear state duty when filing a claim to change the amount of alimony, but it can be calculated based on the price of the statement of claim. It is calculated from the amount of payments for the year by which payments should be reduced.

Changing the amount of payments through the court

To change the amount of alimony payments, you must apply to the magistrates' court if the cost of the claim does not exceed 50,000 rubles. In other cases, documents are submitted to the district court. The step-by-step procedure looks like this:

1. The citizen collects evidence confirming the grounds for increasing or decreasing the amount of payments.
2. The statement of claim along with other documents is submitted to the court.
3. The parties receive notification of the date of the scheduled meeting via SMS or letter.
4. A meeting is being held. If one hearing is not enough, a second hearing is scheduled. Total term consideration – 2 months.
5. A court decision is made and a writ of execution is issued. The latter is provided to the FSSP or at the payer’s place of work.

Statement

There is no unified application form, but, according to Art. 131 Code of Civil Procedure of the Russian Federation, it must contain complete information:

• name of the court;
• Full name, registration addresses of the parties to the proceedings - the plaintiff and the defendant;
• dates of registration and divorce;
• the amount and grounds for collecting alimony according to the original decision;
• grounds for changing the amount of payments;
• requirement: change the method of collecting alimony, reduce or increase the amount, etc.;
• a list of attached documents.

At the end there is a number and a signature.

Required documents

The statement of claim must be accompanied by a receipt for payment of the state fee and a copy of the previously adopted court decision and writ of execution. You will need documents confirming the existence of grounds for reducing the amount of payments: medical certificates, salary certificate, work book(if the payer is fired due to reduction).

In what cases can they refuse?

The reason for refusing to satisfy the claim may be the lack of grounds for increasing or decreasing the amount of payments for a minor.

Let's look at examples from judicial practice.

Example 1:

A citizen pays money for a child from his first marriage. A son is born into his new family, and therefore he asks to reduce the amount of payments from 25% to 16.5%.
The court rejected the claim, considering that the financial situation of the payer allows him not to limit himself financially and pay funds for the maintenance of his first child.

Example 2:

The man was ordered to pay alimony in a fixed amount - 25,000 rubles. monthly. He subsequently got another job and filed a claim to change the method of collection from lump sum to shared.
The application was rejected because the court found that, despite the different position, the plaintiff's income level remained the same.

The procedure for changing the amount of alimony for children, parents, grandparents, ex-spouses carried out voluntarily or judicially. To satisfy the claim, evidence will be required indicating the impossibility of continuing payments in the same volumes. The payer or recipient may appeal the court decision to appeal procedure within 10 days from the date of registration, then it comes into force.

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