Exemption from alimony payments: statement of claim, court, practice

Alimony obligations constitute a significant part of the payer’s total income. If the payment schedule is not followed, debt accumulates, which can be very difficult to repay.

It is possible to get rid of alimony debt through legal means, but you will have to prove that the violations were forced, due to difficult life circumstances, and not negligence and avoidance of responsibility.

Grounds for exemption from alimony debts

The most common type of alimony payments is to minor children from fathers in the event of divorce.

Over time, parents become increasingly reluctant to take part in the life of a minor and forget about the need to help, resulting in debt for no valid reason.

It is impossible to get rid of it, since you need to be held accountable for your misdeeds. In such cases, the court comes to protect the property rights of minors.

Based on judicial practice, a number of unconditionally valid reasons can be identified:

• staying in an area where there is a man-made disaster, natural disasters and other unfavorable, life-threatening conditions have occurred, due to which leaving and making payments is impossible;
• being in a war zone.

Also, the grounds for debt cancellation are specified in the law (Article 114 of the RF IC). These include:

• disease;
• deterioration of material well-being;
• change in marital status.

• When considering a case, the court may fully or partially release alimony debt if the plaintiff provides evidence of the impossibility of payment.
• The need to file a claim in court depends on who is paying alimony and on what basis.
• Collections can be made according to:

• contract (agreement) on alimony;
• court order;
• court decision.

If the parties (or their representatives) entered into an agreement on alimony in the manner established by Ch. 16 of the RF IC, the debt, as well as the penalty, can be canceled by agreement of the parties . This procedure is possible if payments are not assigned to children under 18 years of age, otherwise the rights of minors will be infringed.

In all other cases you will have to go to court.

How to file a claim correctly

Preparing a statement of claim is an important stage in the process of getting rid of alimony debt. If the document is drawn up incorrectly, or the circumstances presented are unclear and unproven, the judge will not accept the document for consideration.

The rules for drawing up statements of claim are set out in Art. 131 Code of Civil Procedure of the Russian Federation.

Form

The claim is submitted to the judge in writing at the place of residence of the defendant.

Ways to file a claim

If it is impossible to arrive at the courthouse in person, the applicant is given the opportunity to:

• Send the claim by letter with notification . The shipping receipt must be retained.
• Submit the document electronically (Order No. 251 dated December 27, 2016). To do this, you need to make sure that the court has the technical capabilities to accept an electronic document, register in the ESIA system and have an enhanced qualified electronic signature.

Content

According to the Code of Civil Procedure of the Russian Federation, the claim must contain information:

1. About the court, the plaintiff and the defendant. The data is located in the upper right corner of the document. The name of the court and address are indicated; The full names of the plaintiff and defendant are entered with information about their place of registration. If the defendant lives at a different address, it is important to indicate the place of his actual residence.
2. The title of the document is “Claim for exemption from payment of arrears of alimony.”
3. The essence of the document. The facts are indicated here: on what grounds alimony was paid, from what moment and for what reason the debt began to form. Each argument presented must be supported by official evidence - certificates, certificates, receipts, medical records.
4. List of legal acts according to which debt abolition is possible.
5. Petition . The plaintiff asks the court to release him from the debt incurred as a result of the stated unfavorable life circumstances.
6. List of applications.
7. Signature and date.

Sample claim for exemption from alimony payments

  Download a sample claim for exemption from alimony payments

Attention! The presented sample claim can be edited taking into account personal life circumstances, while maintaining the structure of the document.

Without applications, the claim is meaningless. Careful selection of evidence is a guarantee of victory in court. Collecting related documents sometimes takes longer than the trial itself. You must provide the court with:

1. Calculation of the amount of alimony debt. The information is indicated in the certificate issued by the bailiff.
2. Documents confirming the presence of an illness that prevents the implementation of work and the receipt of income for the payment of alimony. This includes: an ITU conclusion on assignment of a disability group, an extract from the medical history, a certificate of stay in hospital treatment and other documents signed by the responsible person, and the seal of the medical institution.
3. Documents confirming changes in marital status and the appearance of other dependents. You will need to provide a birth certificate for children, a certificate from the place of residence about the composition of the family, documents (court order, court decision, agreement) confirming the emergence of new financial obligations. In practice, such circumstances are rarely recognized as significant for the abolition of debt, but they can become an additional argument when considered in conjunction with other life circumstances.
4. Evidence of deteriorating financial situation : a certificate from the place of work about wages, a photocopy of the work record book with a note about transfer to a low-paid position or about dismissal, a certificate of registration with the Employment Center.

If some documents cannot be obtained due to their confidentiality, you can petition the judge to obtain evidence. It is advisable to do this at the preliminary meeting stage. At the request of the government agency, evidence will be obtained and added to the case.

A receipt for payment of the state fee is attached to the claim. Without it, the judge may leave the document without consideration.

The amount of state duty is calculated based on the value of the claim (CI), in this case it is the amount of the debt.

According to paragraph 1, paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation, calculation is made according to the following scheme:

State duty = n% x (CI - deduction) + fixed amount.

The data in the formula depends on the cost of the claim:

CI, rub. Fixed amount, rub. n, %Deduction, rub.

Less than 20,000 (minimum state duty 400 rubles)	—	4	—
From 20,001 to 100,000	800	3	20000
From 100,001 to 200,000	3200	2	100000
From 200,001 to 1,000,000	5200	1	200000
More than 1,000,000 (maximum state duty is 60 thousand rubles)	13200	0,5	1000000

Example. Citizen K. owes his wife alimony for 8 months. The reason is loss of ability to work due to a severe work injury. The amount of debt (price of the claim) amounted to 112,800 rubles. According to Art. 333.19 of the Tax Code of the Russian Federation, the state duty is equal (rub.):

3200 + 2% X (112,800 - 100,000) = 3,456 rubles.

Details for paying the state fee must be obtained from the court.

Procedure for consideration

The judge examines the document within 5 days (Article 133 of the Code of Civil Procedure of the Russian Federation), after which he makes a decision to initiate a case, return the claim or leave the document without movement.

A refusal may occur if the rules of jurisdiction are violated and there is a court decision on the same issue. In other cases, the plaintiff is given the opportunity to make adjustments, correct errors and go to court again.

If the application is accepted, a hearing date is set.

According to Art. 154 of the Code of Civil Procedure of the Russian Federation, the duration of consideration of the case will not exceed 2 months.

If the outcome is positive, you must submit the court decision to the bailiff service department.

After cancellation of the debt, responsibility for the financial support of the minor does not cease. In the future, the parent must pay child support in the previously established amount according to the court order, decision or agreement. If it is impossible to provide assistance in the same volume, it is necessary to:

• If an agreement was previously concluded, renew it in the presence of both parents and a notary. Otherwise, go to court.
• If alimony was paid according to a court order, file a lawsuit to reduce the amount of alimony or change the procedure for making payments.

It is impossible to arbitrarily reduce the amount of payments in favor of a child. This requires legal grounds.

Exemption from alimony payments

The payer, who finds himself in a difficult life situation, strives to get rid of both the debt and obligations in general. This applies not only to payments in favor of children, but also to assistance to the child’s mother raising a baby or disabled child; parents; relatives in need of help.

The grounds for termination of obligations are listed in Art. 120 IC RF:

• Upon expiration of the agreement on the basis of which collections were made, or in the event of the death of one of the parties to the agreement (payer, recipient).
• When the child reaches adulthood. In exceptional cases - upon emancipation - it is possible to terminate alimony from the age of 16 (Article 27 of the Civil Code of the Russian Federation, Article 21 of the Civil Code of the Russian Federation). Full legal capacity occurs upon entering into a legal marriage, when carrying out entrepreneurial activities or working under a contract or employment contract. If the payer proves that the child receives income that exceeds the parent’s earnings and is ready for full self-sufficiency, the court may cancel the child support debt.
• In the case of adoption of a child in whose favor alimony was withheld.
• If the recipient, who was assigned alimony due to incapacity and need, became capable or began to receive other types of income.
• When the former spouse receiving alimony enters into a new legal marriage.
• In the event of the death of one of the parties.

Only under these circumstances can you be completely freed from alimony. In other cases - if health deteriorates, other children appear, we can only talk about reducing the amount of payments.

Citizen D. appealed to the magistrate of the XXX district of Krasnodar with a claim for release from alimony debt. He indicated that he filed for divorce from his wife S. in January 2016. The wife recovered from D.

child support for herself and the child, since her son was 2 years old at that time, and S. was on maternity leave. D filed a claim to determine the child’s place of residence with him.

It turned out that the wife drinks alcohol, and the child’s living conditions do not meet the standards.

In July 2016, a decision was made to determine the place of residence of the child with D. The spouse did not file a claim to terminate alimony, as a result of which, as of November 2018,

a debt of 351 thousand rubles was formed. During the meeting, it was determined that the child lived with his father and was fully supported by him. As a result, the court decided to release D.

from arrears of alimony in favor of S. and the child.

According to statistics, if the case concerns a debt to a minor, the court makes a positive decision on the claim for exemption from payment only in 1 case out of 10, so it is necessary to carefully prepare for the hearing.

Don’t know where to start, what evidence to provide, or doubt the correctness of the claim? Take advantage of a free consultation with a lawyer from the website ros-nasledstvo.ru on family issues.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

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Source: https://ros-nasledstvo.ru/osvobozhdenie-ot-uplaty-zadolzhennosti-po-alimentam/

Exemption from alimony payments and preparation of a statement of claim

Exemption from paying alimony occurs automatically when a citizen loses the right to support from a close relative. The second method is to cancel payments early if there are compelling reasons for doing so. The procedure for terminating deductions is regulated by the Family Code of the Russian Federation.

Grounds for exemption from alimony payments

Contents (click to open)

Article 120 of the Family Code of the Russian Federation sets out a list of reasons due to which payment of alimony in favor of a child/parent/ex-spouse is terminated. If there is at least one of the grounds provided for in the norm, alimony obligations are canceled automatically.

In addition, participants in legal relations have the right to independently initiate termination of payments in court. But, as judicial practice shows, courts rarely satisfy such claims.

This is due to the fact that alimony is a way to protect the property rights of minors and disabled persons.

All grounds for exemption from alimony obligations are divided into two groups:

• expressly provided for by law;
• individual.

Table No. 1 “Possible reasons for canceling alimony”

Subject - recipient
Grounds for termination
Possible nuances

Minor child	Death or judicial recognition as deceased	The payer's heirs are released from the obligation to continue payments, but the existing debt will have to be repaid by the established heirs of the deceased citizen obligated to pay alimony. Recognition in court as missing is a basis for suspension of payments with the possibility of their further restoration
Coming of age	After the child's 18th birthday, the parent can continue to transfer money voluntarily. The amount of deductions will not be regulated by law and sanctions cannot be imposed for late payments. Mandatory alimony obligations will be collected in the following cases: the child lives in a low-income family that requires additional financial support; After reaching adulthood, a disabled person from childhood received group 1 or 2 disability.
Assignment of full legal capacity before the age of 18, which is possible upon marriage, registration of individual entrepreneurship and when applying for a full-time job	It will no longer be possible to renew alimony payments in the future.
Registration of consent for adoption of children by a specific applicant	Alimony will cease to be considered from the day when the court decision on adoption enters into legal force
Challenging paternity	Financial obligations are canceled only after a corresponding decision is made by a judge
Moving a child to a child support payer for his full maintenance	Payments can be claimed from the second parent
Pregnant wife	Birth of a child	If during pregnancy the relationship of the fetus with the payer is denied, the man stops payments
A woman caring for a child under 3 years of age	Reaching the age of three	Going to work full time does not relieve a man from the obligation to transfer money
Disabled adult relative/ex-spouse	Restoration of working capacity in court	—

Upon expiration of the voluntary settlement agreement, the obligation to pay alimony does not end. The amount of contributions will be calculated on a legal basis (as a share of official income or in a fixed amount of money), and not on individual conditions described in the agreements.

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Preparing a claim for exemption from alimony payments

More often, the cancellation of alimony obligations occurs in court. The interested party prepares a statement of claim and submits it to the authority in accordance with the rules of jurisdiction.

The Civil Procedure Code establishes that issues related to the termination of alimony obligations may be considered by:

• magistrates' courts;
• federal court judges.

Petitions that do not require the participation of the second party are submitted to the magistrate's court. For example, when it comes to early receipt of full legal capacity, which is documented. District courts resolve conflict situations that require the participation of the plaintiff and defendant or require additional proceedings (for example, DNA testing).

According to the general rule of jurisdiction, all claims are sent to the authority located at the place of residence of the defendant. The court in the plaintiff’s region of residence may consider the petition in the following circumstances:

• presence of young children;
• the plaintiff's unsatisfactory state of health;
• looking after a disabled relative.

Contents and sample of the statement of claim

The petition is prepared in accordance with the requirements of the Civil Procedure Code. The alimony payer or his legal representative can file a claim.

Lawyer. 12 years of experience. Specialization: family and inheritance law.

The recipient of the money does not have the right to demand termination of payments, since this may be regarded by the court as a violation of the rights of the child by the parent.

The claim is prepared in accordance with the following rules:

• a brief summary of the circumstances of the case;
• supporting all words with documentary evidence;
• production of original claims according to the number of main participants;
• exclusion of ambiguous phrases and obscene expressions from the content.

Sample statement of claim for exemption from alimony payments:

To the chief judge
of judicial district No. 15 of Kaliningrad

Plaintiff: Pagosyan Ostap Davydovich,

born October 12, 1987, resident:

Kaliningrad, st. Mira, 45v

Defendant: Pagosyan Tamara Samsonovna,

Source: https://SocPrav.ru/osvobozhdenie-ot-uplaty-alimentov-na-detej

Cancellation of alimony

Modern law enforcement practice shows that the main reason for the court to cancel previously assigned alimony payments is the disappearance of the recipient’s need for financial support, but the law also allows for other grounds for canceling maintenance.

Grounds for exemption from payments

The legal grounds for the court to cancel the obligation to transfer alimony payments may be:

• Death of one of the parties to alimony legal relations;
• The occurrence of some event that is indicated as a basis for termination of payments in the voluntary agreement of the parties on their payment;
• The child reaches the age of eighteen or acquires full legal capacity until the age of 18 in cases permitted by law;
• Restoring the legal capacity of an adult child who has been assigned a disability group;
• Adoption of a child by another person (for example, a stepfather);
• Significant improvement in the financial situation of the alimony recipient and the cessation of the need for financial assistance from the payer;
• Restoration of the recipient's lost ability to work;
• Changes in family circumstances (for example, the remarriage of the former wife of the alimony payer, in whose favor the latter made payments).

In addition to the reasons listed, other social, family or financial circumstances may arise that may serve as grounds for exemption from alimony payments.

Let us consider in more detail the most common circumstances that serve as grounds for canceling alimony payments.

Challenging paternity

Challenging paternity involves a man's ability to prove through legal proceedings that he is not the biological father of the child in whose favor payments are made. To do this, he must file an appropriate claim and provide sufficient evidence (for example, a genetic examination report).

If the fact of paternity is legally disputed, the court will cancel further payment of alimony, but only from the date of the relevant decision.

Adopting a child

Adopting a child means that all obligations for its maintenance pass to the adoptive parent. If the new spouse of the alimony recipient or another person adopts a minor child, the obligation of the previous payer is terminated by a court decision.

If there are open proceedings in the case of collection of maintenance, the interested person needs to obtain from the magistrate an order to cancel alimony payments, then take the corresponding writ of execution and hand it over to the bailiffs to close the enforcement proceedings in the case of collection of alimony.

The adoptive parent must understand that the obligation to support adopted children continues after a divorce from their parent, therefore the adoptive parent may also be required to pay. And even after the judicial cancellation of the adoption, the obligation to pay alimony does not automatically cease.

Cancellation of the former adoptive parent's payment occurs either on the general grounds for termination of alimony payments, or in court proceedings on the basis of Part 1 of Article 143 of the Russian Family Code.

According to this article, when the adoption of a minor child is canceled by court, the mutual rights and obligations of the adopted child and the adoptive parents are terminated, and the rights and obligations of the child and his parents are restored only when the interests of the child himself require it.

Deprivation of parental rights

This circumstance is not considered a basis for releasing the payer from his financial obligations to the child. A parent who is forcibly deprived of parental rights is obliged to financially support the child. The funds will be paid to the citizen (trustee, guardian) or the children's institution in which he is located.

Termination of spousal support

Alimony payments for the maintenance of a spouse may be assigned if:

• Pregnant woman;
• The presence of a child under 3 years of age or a disabled minor child (common with the payer), or a common adult child with the first disability group;
• Her disability, if there is a need for financial support;

• If the listed grounds disappear, for example, the spouse who received the payments has regained her ability to work, the payer has the opportunity to file a claim to cancel the payments.
• Also, the cancellation of alimony payments is permissible if the payer (ex-husband) was entrusted with the responsibility of supporting his ex-wife, who is caring for a minor child under 3 years old, but he presented to the court evidence of the ex-wife entering into a new marriage during this period.
• In this case, the responsibility for its financial maintenance passes to the new husband, and the former spouse is exempt from payment.

The procedure for canceling alimony in court

The payer has the right, if there are grounds for canceling alimony payments, to draw up an appropriate claim and present to the court the evidence base justifying the requirements.

Having considered the evidence and requirements, the judge will either cancel the penalty or refuse to satisfy the payer’s claim.

If there is a positive decision, the plaintiff receives a writ of execution, which must be handed over to the bailiffs to complete the proceedings.

Application for cancellation of alimony

The statement of claim is drawn up on the basis of Article 394 of the Code of Civil Procedure, that is, based on newly discovered circumstances. The application must contain:

• Name of the court;
• Details of the plaintiff, defendant;
• Details of the previous court decision on the collection of alimony payments;
• Request to cancel the previous court decision on the assignment of payments;
• Description of the situation and justification of the claim with reference to evidence;
• The cost of the claim is the amount of payments collected from the payer for the year.

Sample

Download a sample statement of claim for exemption from alimony payments

Required documents

• Passport of the alimony payer;
• Child's birth certificate;
• Certificates of marriage, divorce;
• Documentary evidence of the need to cancel alimony payments;
• A writ of execution on a previous decision to collect payments;
• Receipt of payment by the applicant of the state fee.

Where to go

The claim must be filed with the court that made the previous decision to collect payments from the alimony payer.

Payment of state duty

Unlike a claim for the recovery of alimony payments, when filing a claim for the cancellation of these payments, it is necessary to pay a state fee, which is calculated as a percentage of the price of the property claim, based on the requirements of paragraph 1 of part 333.19 of the Tax Code.

Debt cancellation

The collection of alimony and the calculation of arrears on it ceases from the date the judge makes a decision to terminate payments.

After receiving a judge's decision canceling the obligation, the payer is no longer required to make regular payments. In order for the bailiffs to be able to close enforcement proceedings for previously collected alimony, the payer needs to obtain a writ of execution and submit it to the FSSP unit.

It is worth noting that the previous debt on alimony payments (if any), formed before their cancellation, remains.

The judge has the right to exempt the payer from paying the debt in whole or in part only on legal grounds.

We are talking about situations where non-payment of alimony occurred due to the illness of the payer or other valid reasons, and his financial and marital status excludes the possibility of repaying the resulting debt.

Arbitrage practice

Judges, first of all, take into account the interests of minors, so they will not cancel alimony in the absence of proven grounds for its cancellation. But, as judicial practice shows, if the payer can prove the existence of such legal grounds, it is possible to obtain a positive court decision.

Source: http://alimente-info.ru/osvobozhdenie-ot-uplaty-alimentov/otmena/

Collection of alimony: new clarifications of the Supreme Court of the Russian Federation

Literally at the end of 2017, the Plenum of the Supreme Court of the Russian Federation adopted a new resolution explaining to the courts the practice of applying legislation on the collection of alimony for persons in need of financial support.

In this article, taking into account the changes from October 1, 2019, we will consider the main points regarding the application of this resolution in terms of the application of the law, jurisdiction, payment of state duties, and the collection of alimony in a fixed amount.

Basic moments

As the Plenum points out, the main document regulating the procedure for paying alimony, the grounds for such payments and their termination, as well as the circle of persons entitled to receive alimony payments and obliged to pay them, is section five of the Family Code of the Russian Federation.

As before, voluntary agreements between interested parties have the prerogative. If it is impossible to agree on the procedure for paying alimony under the agreement, the interested party has the right to apply to the competent court for its appointment.

As for the patrimonial jurisdiction of cases related to alimony payments, from October 1, 2019

Justices of the peace only had jurisdiction over cases of issuing a court order for the collection of alimony in shares of earnings or other income.

All other disputes related to the assignment of alimony, changes in its amount, exemption from payment, as well as the collection of penalties for late payments are now within the jurisdiction of district courts.

The issue of jurisdiction over alimony cases by district courts is separately considered. The Plenum indicates that district courts consider cases of alimony collection as a court of first instance if, at the same time as such a demand, a demand is filed that is not within the jurisdiction of the magistrate. For example, establishing paternity or maternity, depriving parental rights to children or limiting them.

Also, it is the district courts that have jurisdiction over disputes arising when challenging agreements on the payment of alimony. These may be cases of changing the terms of such an agreement, its termination or invalidation.

Jurisdiction should also be determined if a claim for alimony is filed in the interests of persons entitled to receive alimony. This rule applies when filing claims for alimony and establishing maternity.

However, if the alimony payer wants, for example, to change the amount of alimony collected from him or makes a demand for exemption from payment of alimony or arrears, then he needs to file a claim only at the place of residence of the person to whom he pays alimony (recipient of alimony).

Order and claim proceedings

The magistrate, who considers cases of alimony collection, now uses in his work only one type of judicial proceedings: writ proceedings.

The judge issues a court order for the collection of alimony when only a demand is made for its collection as a percentage of wages and other income. Such a requirement must be formalized in the form of an application for a court order. If a person goes to court with a statement of claim, and not with an application for a court order, then the judge returns the claim back.

A court order is not issued if the applicant wants alimony in a fixed amount. When considering disputes regarding the assignment of alimony in a fixed amount, many circumstances must be clarified. This requires holding full-fledged court hearings with summons and questioning of the parties on the merits of the dispute and examination of evidence.

The magistrate refuses to accept an application for a court order in the following cases:

• When the debtor already pays alimony in favor of other persons.
• When a claim is made to receive alimony in a fixed amount or both in a fixed amount and as a percentage.
• When, with a request for the collection of alimony, a demand is made for the assignment of alimony not from the moment of application, but for the previous period (in case of evasion of the provision of maintenance).

If, after receiving the court order, the debtor files an objection to it within ten days, then the judge, by his ruling, cancels such an order and explains to the claimant his right to apply to the district court with a claim for the assignment of alimony in the general manner.

When there is a concluded and notarized agreement on the payment of alimony between the parties, then it is possible to go to court to collect alimony only in cases where, simultaneously with the demand for alimony, demands are made to declare the agreement invalid or to terminate it.

Payment of state duty

In accordance with tax laws, when filing applications for the collection of alimony or penalties for minor children, the applicant is exempt from paying state duty. The amount of state duty is subsequently collected from the alimony payer.

Source: https://EkbLaw.ru/verxovnyj-sud-o-vzyskanii-alimentov

Application for exemption from paying alimony

In accordance with the legislation of our country, exemption from payment of alimony is possible in court. Art. 119 of the RF IC (Family Code of the Russian Federation) contains grounds for exemption from alimony payments. Such grounds include a change in the financial or marital status of one of the parties.

However, when considering each specific case, the court also takes into account other circumstances that deserve attention. Both a deterioration and an improvement in the property well-being of a person (payer or recipient) can be considered as a change in financial situation.

Both the alimony payer and the alimony recipient can apply to the court for exemption from alimony payments, if the necessary documents and sufficient evidence are available. The statement of claim must be filed with the magistrate court , which previously made a decision to collect alimony.

Contents of an application for exemption from alimony payments

A statement of claim must be drawn up in accordance with the requirements of the Civil Procedure Code of the Russian Federation. The statement of claim must be submitted in writing.

The application must indicate to which court the application is being submitted, the details of the plaintiff (full name, address) and the details of the defendant (also full name, address).

The main part should state the reasons why exemption from alimony obligations is possible , that is, a change in the marital or financial situation of any party (for example, re-registration of marriage by one of the former spouses and the appearance of a second child; incapacity of the alimony payer).

other circumstances as grounds : such as the disability of one of the family members, his temporary incapacity for work, as well as the child’s employment.

When drawing up an application, you must take into account that any circumstance that may affect the financial situation of one of the parties can be recognized by the court as sufficient evidence for exemption from paying alimony. In this regard, it seems important to indicate in detail such circumstances in the statement of claim.

The statement of claim should refer to the current legislation, in particular to the provisions of Art. 119 and art. 120 IC RF. Since such cases are considered within the framework of civil proceedings, it is necessary to make a reference to the article of the Civil Procedure Code of the Russian Federation - Art. 131 Code of Civil Procedure of the Russian Federation.

The final part of the application indicates the cost of the claim, lists the attachments, date, and signature.

There is one more reason for which alimony can be cancelled : this is the case when the child moves to live with the plaintiff. In such a situation, it turns out that the alimony payer is obliged to fully support the child.

In this case, it is also possible to file an additional claim for the recovery of child support from the other spouse.

Example

Tronov V.A. In 2012, he applied to the court for exemption from paying alimony. In 2002, Tronov V.A. divorced his wife Ivashchenko L.I. Moreover, their child is M.V. Tronova. stayed to live with her father. In 2010, Tronova M.V. moved to live with her mother, in connection with which Ivashchenko L.I. filed an application to court for alimony.

Based on the court decision, Tronov V.A. paid alimony. However, after living with her mother for a year, Tronova M.V. in 2011 she returned to live with her father. Considering the statement of Tronov V.A. the court decided that the exemption from payment of alimony by Tronov V.A. is legal, since the child is supported by him, and alimony payments go to his ex-wife - Ivashchenko L.I.

Attachments to the application

In accordance with civil procedure legislation, any application filed in court contains attachments. The list of these applications is indicated in the statement of claim itself.

To apply for exemption from alimony payments, a copy of the statement of claim is required . There will be two copies. One remains in court, the other is sent to the defendant. This applies to all applications - they all must be in duplicate. The following should also be attached to the application:

• a copy of the plaintiff's passport;
• a copy of the marriage certificate;
• a copy of the divorce certificate.

You will need additional documents for the child - that is:

• his birth certificate (copy).

You will definitely need:

The most important documents that are attached to the application are those that confirm the possibility of termination of alimony payments. These are, for example, checks, medical records, extracts, medical and social examination data recognizing disability, and so on. In general, these are all documents that can confirm a change in the financial or marital status of both the plaintiff and the defendant.

If the child lives with the father (the alimony payer), then a supporting document . For example, an extract from the house register (you can request it from the city district administration) is suitable as such a document. You can also provide a certificate of family composition, documents from educational institutions that the child attends.

And you also need to attach a receipt for payment of the state duty . This is a required document when filing a claim.

Procedure for filing an application for exemption from alimony payments

both the alimony payer and the recipient can apply for exemption from paying alimony . But in practice, situations usually arise that the payer submits an application to cancel or reduce alimony.

In order to submit an application, jurisdiction must be determined. Most often, a statement of claim is filed at the defendant’s place of residence, but the law does not exclude the possibility of filing an application for exemption from alimony payments to the court where the decision to collect was made. This category of cases falls under the jurisdiction of magistrates.

Having drawn up an application and collected all the necessary documents confirming the possibility of canceling alimony, you must pay the state fee. Attach the receipt to the application. It is necessary to pay attention to the fact that two packages of documents are submitted to the court - one remains directly in court, and the second is sent to the defendant.

As for the limitation period it does not apply to this category of cases , that is, the plaintiff can apply for exemption from paying alimony at any time. However, if an agreement on the payment of alimony was concluded between the parties, then the statute of limitations is three years from the date of termination of the said agreement.

So, having collected a package of documents, you need to take them to the court in person and hand them over to the office or send all the documents by mail with notification. Within five days after filing the documents, the court must make a decision to consider the claim and set a time for the court hearing.

What does the court pay attention to when considering an application for exemption from alimony payments? First of all, on the weight of evidence confirming the possibility of canceling alimony obligations. That is why it is necessary to carefully collect the evidence base - that is, all the necessary documents.

During the trial, it will not be a bad idea to provide testimony from witnesses. However, in any case, the court will take into account the interests of the child and proceed from what his financial support will be. Prosecutor's offices and guardianship authorities are often involved in this category of litigation, since the abolition of alimony obligations may violate the child's right to material support.

It is worth noting that until the court decision on exemption from alimony comes into force, the payer is obliged to fulfill alimony obligations.

Example

In 2014, citizen N.I. Komarov filed a claim with the court for exemption from paying alimony. In the motivational part of the statement, Komarov N.I. indicated that, by court decision, he has been paying alimony for his daughter, who lives with his ex-wife, Levina O.A., for 5 years.

However, citizen Levina O.A. recently entered into a new marriage. Levina's husband O.A. is an individual entrepreneur and has a stable high income. In this regard, Komarov N.I. asks the court to exempt him from paying alimony for his daughter, believing that the stepfather is currently able to provide for her financially.

Considering this case, the court rejected N.I. Komarov. in satisfying the claims, referring to the fact that the father of the child is N.I. Komarov, while the stepfather is not the adoptive parent. Accordingly, it is the father of the baby who is obliged to provide for the child.

State fee when submitting an application

When submitting an application to the court for exemption from paying alimony, you must pay a state fee. For this category of cases, the amount of state duty is determined based on the cost of the claim . In accordance with Art. 91 of the Code of Civil Procedure of the Russian Federation, it is calculated from the amount of alimony payments that are payable for one year.

Having determined the cost of the claim, you can calculate the amount of the state duty. In the Tax Code of the Russian Federation (TC RF) in Art. 333.19 sets out in detail the procedure for determining state fees for different categories of cases.

According to the provisions of this article, if the price of the claim is up to 20,000 rubles, then the state duty will be 4% of this amount .

If the price of the claim is in the range from 20,001 rubles to 100,000 rubles, then the state duty is calculated differently: the mandatory payment is 800 rubles, plus 3% of the amount exceeding 20,000 rubles, and so on.

So, for example, if the price of the claim is 15,000 rubles , then since this amount falls into the category of up to 20,000 rubles, then the state duty should be 4% of 15,000 rubles. The calculation is as follows: 15,000 * 4 turns out to be 60,000, and then divide 60,000 by 100 = 600. Thus, in this case, the state duty will be 600 rubles .

In any case, when determining the amount of the state fee on an application for exemption from alimony payments, you must be guided by paragraph 1 of part 1 of Art. 333.19 Tax Code of the Russian Federation. You can pay the state fee either in cash or by bank transfer.

The state fee is paid before filing an application with the court, since the payment receipt is a mandatory document. If a receipt for payment is not provided, the court may return the statement of claim.

In practice, there are cases when the plaintiff cannot pay the state fee due to difficult financial situation. In this situation, he can apply to the court with a request to grant him a deferment or installment plan for payment. Based on such a petition, the court may grant a deferment or installment plan for a period not exceeding one year.

In accordance with the legislation of our country, there are certain categories of citizens who may be exempt from paying state duty. These categories in accordance with the Tax Code of the Russian Federation include:

• heroes of the Great Patriotic War;
• heroes of the Soviet Union;
• heroes of the Russian Federation;
• disabled people of the first and second groups.

To confirm the possibility of classifying the plaintiff as a preferential category, it is necessary to provide a supporting document .

Conclusion

Art. 119 of the RF IC provides for the possibility of exemption from alimony payments. To do this you need:

• Submit an application for exemption from paying alimony. The application is drawn up in accordance with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation.
• Attach all necessary documents. The most important applications are documents confirming the possibility of exemption from alimony payments. A list of attachments must be included at the end of the application .
• Pay the state fee. The state duty is determined based on the cost of the claim . A receipt for payment of the state fee must be attached to the statement of claim.
• Submit the application and its attachments to the court. Documents are submitted in person, to the office, or by mail.

Source: http://alimentoved.ru/osvobozhdenie-ot-uplaty-alimentov/zayavlenie/

Exemption from paying alimony in 2020 - court practice, state duty, statement of claim

One of the parents may be released from child support when his life or family circumstances undergo serious changes. Or such changes may occur in the life of someone who receives alimony.

Most often, the reason why alimony is canceled is that the recipient of alimony no longer needs additional means of support from the payer.

It is not easy to get rid of the obligation in question; legal and compelling reasons are required.

Is there a procedure

The law provides for situations when it is possible to cancel alimony. Such cases include:

1. Alimony is not paid unless there are grounds for it. For example, a child is adopted by another person, or it turns out that the man is not the father of the child, etc.
2. The person is released from such obligations. This happens when the child no longer needs the payer to transfer money to him, for example, the child has found a job, having resumed his ability to work, etc.

Both the above points are brought to life through a court hearing.

However, there are exceptions - payments stop if the parents have entered into an agreement.

For children

A child under eighteen years of age must be supported by his parents, even though they are divorced. Accordingly, alimony cannot be canceled until the specified age.

There is also an exception to the above - if the fact is established that the man is not the father of the child.

If the man is not the father of the child, then the payment of alimony can be challenged. Challenging paternity, establishing or canceling adoption are procedural cases and require the participation of parents, children and court authorities.

For spouse

Based on the norms of legislation affecting family legal relations, we can say that a spouse can also apply for alimony.

Situations in which this is possible:

• The second spouse is incapacitated and needs financial assistance;
• The woman is pregnant or the child/youngest child is under three years old;
• The wife/ex-wife is caring for a child who is disabled. In such a situation, the woman has the right to alimony until the child’s eighteenth birthday;
• A woman takes care of a disabled person of group 1, and his disability must have arisen since childhood. In such a course of events, the payment of alimony is carried out indefinitely.

To cancel alimony that was assigned on the above grounds, it is necessary that:

• The spouse, who was incapacitated, regained his ability to work and began to work;
• A woman who is pregnant or caring for a child less than three years old has entered into an official marriage with another man and the new spouse provides her with financial support;
• The child, who was disabled, was restored to previously lost opportunities to work, so the spouse can return to her job, and she no longer needs financial assistance.

Methods

You can get rid of alimony through, firstly, a judicial review of the case, during which an appropriate decision will be made, and secondly, the spouses can sign an agreement among themselves.

In a court

A person is considered released from the obligation in question when the court makes an appropriate decision.

In order to be released from alimony, the payer must file a claim with the court, by whose decision he was obliged to pay it. When the judge has reviewed all the submitted materials, he makes a decision.

It subsequently serves as the basis for issuing a writ of execution. Next, the payer needs to submit a writ of execution to the bailiff who is in charge of the proceedings for the payment of alimony by this payer.

Next, the bailiff will make a decision to stop payments.

Agreement

Parents have the opportunity to conclude an agreement among themselves that will provide for the release of one of them from paying child support.

When drawing up such an agreement, the spouses can prescribe due to the occurrence of what circumstances such release occurs. Such circumstances include:

• the child has left the country for permanent residence,
• woman got married
• the child got a job,
• other.

When the event specified in the agreement occurs, the spouse has the right to stop payments without a court decision.

It should be borne in mind that it is also possible to conclude an additional agreement, which will be required when the initially drawn up one is already in force, and the spouses want to adjust it.

The additional agreement must be written and certified by a notary.

When the second party objects to changes, this can be done through the court, if there are grounds for this established by law.

The necessary conditions

Conditions under which a parent is released from his obligation to pay child support: the child’s eighteenth birthday or when it is established that the man is not the father of the child, also when the child is adopted by another man.

In the first option, there will be no problems with the cancellation of alimony, since the fact itself is important here. In other cases, you will have to collect the necessary documents and defend your case.

Lack of parental connections

A man can challenge the fact of his paternity. To do this, he will need to file a lawsuit.

The claim will need to be accompanied by evidence, which will be considered by the court and then a decision will be made. He can prove the fact by any means, but the best and most reliable is a genetic examination.

However, a man must remember that if he knew that he was not the father of the child, but agreed to be included in the documents as the father, termination of alimony payments in this case is not discussed. He accepted parental responsibilities voluntarily, so he cannot be released from them.

After a court decision is issued that the man is not the father of the child, he still needs to cancel the payment of alimony through the court.

Refusal of children

It also happens that a man does not want to fulfill his responsibilities as a parent. In this course of events, it is not possible to renounce paternity; it is possible to renounce only in favor of someone who will adopt the child.

When a woman re-registers her relationship with a man and if her husband wishes to be the adoptive parent of her child, the woman must receive from her ex-husband a notarized written statement of renunciation of paternity and consent to adoption.

Further, the ex-husband can count on exemption from paying alimony. Until the child is adopted, the ex-spouse will not be released from his responsibilities.

Adoption

Adoption is a factor influencing exemption from alimony. You need to get the father to waive his rights and then begin the adoption process.

A man who abandons a child is, in turn, exempt from alimony, because the responsibility for maintaining the child after adoption lies with the new parent.

When a person pays child support to an adopted child, it is necessary to cancel the adoption in order to be freed from child support.

Here you need to keep in mind the fact that even if the adoption is cancelled, alimony must be canceled through the court.

In this case, the court will consider the situation from the exact point of view of the greatest protection of the child; if financially he is no longer provided for by anyone, then the obligation cannot be canceled.

Deprivation of rights to a child

You can deprive a parent of his rights if he:

• leads an immoral lifestyle, is a drug addict or alcoholic;
• renounced paternity;
• maliciously evades payment of alimony;
• exerts mental or physical violence against a child;
• they have committed a crime against a child.

The deprived parent is still required to pay child support.

Additional criteria

Additional criteria include the moment when the child becomes able to work and no longer needs financial assistance or support.

How is exemption from alimony paid?

There are two ways to get rid of alimony: voluntary and judicial.

Also, a person is released from such duties when the child reaches the age of eighteen. If the case is considered in court, a claim must be filed.

Submitting an application

The claim must include:

• The name of the judicial authority where the claim was filed;
• Indication of the circumstances on the basis of which the cancellation is made;
• Data from the judge’s decision on the basis of which the payment of alimony was established;
• Data of the parties to alimony obligations (recipient and payer);
• List of documents attached to the claim.

Download a sample claim for alimony cancellation

Package of documents

The following must be attached to the claim:

• A writ of execution according to which alimony is paid.
• Certificate of family composition;
• A copy of your passport;
• Receipt for payment of state duty;
• A copy of the birth certificate;
• Evidence that confirms the grounds for canceling alimony;
• A copy of marriage/divorce certificates.

Tax payment

The amount of the state duty that must be paid when filing the claim under consideration is determined in the Tax Code in Part 1 of Article 333.19.

The amount of the state duty depends on the price of the claim, that is, the summed up alimony, which is subject to cancellation within 12 months.

When not a claim is filed, but an application for the issuance of a court order, the amount of the state duty is reduced by half in relation to what would have been paid if the claim had been filed.

What practice shows

In practice, claims for exemption from alimony payments are rarely satisfied, since the court first of all pays attention to the conditions of the child’s maintenance in the event of alimony cancellation.

In order for a positive decision to be made, you need to collect a good evidence base, in addition, all the necessary conditions for canceling alimony must be met.

The legislative framework

Laws that govern the relationships in question:

To a greater extent, these legal relations are still regulated by the norms of the Family Code.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

Source: http://sudguru.ru/alimenty/osvobozhdenie-ot-uplaty-alimentov/