Reduction of child support at the birth of a second child: sample application

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

Having a new dependent

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

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

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

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

Total, it turns out 41.5%.

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

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

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

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

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

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

Preparing to file a claim

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

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

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

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

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

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

Application form

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

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

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

Contents of the statement

The claim must include a number of information:

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

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

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

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

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

Where to find a sample claim

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

application for reduction of alimony

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

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

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

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

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

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

In general, filling out a sample claim is a completely feasible task for any payer of funds for the maintenance of one or more dependents.

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

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

Source: https://sudotvet.ru/alimenty/obrazcy/zayavlenie-o-snizhenii.html

How to reduce child support at the birth of a second child?

Author of the article: Elena Plokhuta, lawyer,
reading time: 8 minutes,
updated:
January 11, 2020
Reads:
5491

A reduction in the amount of alimony at the birth of a second child is carried out in court or through the conclusion of a voluntary agreement, if the recipient meets the payer halfway. The first option is most often used. The birth of a second child in itself is not a guaranteed basis for reducing payments, but can serve as an additional reason when considering the case.

Grounds for reducing child support at the birth of a second child

Contents (click to open)

Changing the amount of alimony is regulated by Art. 119 of the RF IC - payments may be reduced if the financial situation of the payer worsens. There are no detailed explanations and reasons in the legislation, therefore, when considering a case, the court considers several factors at once:

• Material well-being. If, in addition to the birth of a second child, earnings at work or income from business activities have decreased, it is necessary to submit the relevant certificates or declarations to the court.
• Family status. The presence of other dependents is not a direct basis for reducing payments, but may serve in court as an additional argument for satisfying the claim.

Additional circumstances may also be taken into account. If the payer is disabled or a child over 16 years of age is engaged in business, all this must be indicated in the statement of claim and documentary evidence must be attached - this will increase the likelihood that the court will accept the plaintiff’s side.

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Ways to reduce the amount of child support at the birth of a second child, if the first child is already paid

There are two options for reducing the amount of payments for a minor:

• drawing up an alimony agreement with a notary;
• going to court.

The first method is used extremely rarely; the recipient's consent is required. If it is not there, you must contact the court that issued the initial decision to collect alimony.

Settlement agreement

Drawing up an alimony agreement greatly simplifies everything:

1. The former spouses agree on which notary to conclude the agreement with, and draw up a draft document where they stipulate all the conditions.
2. They pay the notary fee and draw up an agreement at the notary office.
3. 3 copies of the agreement are drawn up: one is given to the former spouses, another one remains with the notary.

The agreement has the force of a writ of execution (IL).
If the ID was previously handed over to the bailiffs, the claimant must write an application to revoke the ID. When the IL is transferred to the accounting department at the payer’s place of work, the document is submitted there, and the accountant begins to calculate alimony based on the agreement.

Going to court

Everything is much more complicated here. The plaintiff may be the payer, or less often the recipient himself, but in the latter case it is more logical to immediately conclude an alimony agreement in order to avoid litigation.

There is a third option - filing a claim for the recovery of payments for children by the new spouse of the alimony obligee.

In theory, such a reduction can be called “fictitious,” but according to the law, the court has no right to refuse the claim if it is proven that the minors need financial support and the father does not take any part in this. In fact, part of the money will remain in the family, and the first child will receive less.

What nuances are important to consider:

• Adjusting the amount of alimony is a right, but not an obligation of the court. The decision is made on the basis of the evidence presented by the parties.
• Filing a claim without submitting the required documents is a failure, and the claims will most likely be denied at the first meeting.

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

If the plaintiff is a former spouse supporting children, evidence on her part is not needed - her expression of will and salary certificates are sufficient, confirming that when a positive decision is made, minors will not need finances, since their interests are taken into account first.

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Options for changing the amount of alimony

A man who is a plaintiff can use several ways to change the amount of payments for his first child:

1. Apply for a transition from shared recovery to a fixed amount and vice versa.
2. Declare a reduction in share payments if they were previously established in an amount exceeding the minimum specified in the RF IC (in practice this is rare).
3. File a claim to reduce alimony in a fixed amount. The minimum amount is 0.1 of the subsistence level. You cannot ask for a smaller amount.
4. Agree with the new wife on the collection of child support.

Transition from fractional to solid form

An additional factor that is the basis for changing the collection method is the lack of official income from the payer.

For example:
In his first marriage, the man was officially employed, as well as at the time of collecting alimony for his daughter (25% of the salary). Later he got married, had a son, no longer had enough money, and was fired from his job. He filed a claim for fixed payments due to his poor financial situation and lack of work.

Transition from solid to lobe form

In this case, an additional argument for the court may be the official employment of the payer and the provision of income certificates, on the basis of which alimony is established. For example:

The man was ordered to pay 10,000 rubles. monthly for the maintenance of a child from his first marriage. In 2017, his son was born, he got a job, and filed an application to change the method of collection from fixed to shared.

The salary is 17,000 rubles, therefore, for the first child instead of 10,000 rubles. 4,250 rubles will be transferred.

Reduced share payments

This is possible if the alimony obligee is assigned payments for another child. When establishing alimony, one minor is required to pay 25%, but if the court assigns an obligation to another child, the total must be transferred 50%, which violates the provisions of Art. 81 of the RF IC, which states that 33% is charged for the maintenance of two people.

How to apply for a reduction in the amount of alimony?

To change the amount of payments downward, you must follow the step-by-step algorithm:

1. Collect documentary evidence. The birth of a second child in itself is not grounds for reducing child support, but if this entails significant expenses, checks and receipts will be needed. The new wife being on maternity leave is one of the additional factors, but others are also taken into account: a reduction in salary at work or dismissal due to reduction, illness, due to which the person obligated for alimony cannot work as before, etc.
2. File a claim with the remaining documents in court.
3. Come to the court hearing. If the plaintiff cannot do this on his own, a notarized power of attorney is issued to another person representing his interests.
4. Receive a court decision and writ of execution.
5. Provide the IL to the accounting department at your place of work or the FSSP for recalculation.

If the plaintiff is not satisfied with the results of the trial, a cassation or appeal is filed - it all depends on certain circumstances. The court decision comes into force one month after the operative part is issued.

Where to contact?

A claim to change the amount of payments is filed with the court that originally appointed them. Most often this is a magistrate's court. The appeal is made there, but after the appeal or cassation is accepted, the case is transferred to the appropriate judicial panel (higher authority).

Statement of claim

The legislation does not establish the exact form of the claim, but in terms of content it must comply with the requirements of the Code of Civil Procedure of the Russian Federation. What information is included in it:

• name of the court (full);
• Full name, registration addresses of the plaintiff and defendant;
• passport details of the defendant;
• on what basis are payments assigned - information from a court decision or order;
• Full name of the child and the amount of child support previously assigned;
• references to legislation – Art. 81 of the RF IC, which states that no more than 33% is paid for two children, or 119 of the RF IC, which states that if the financial situation worsens, the amount of payments may be changed;
• reasons for reducing alimony: the birth of a second child, the new spouse being on maternity leave, a decrease in earnings, etc.;
• a list of attached documents;
• date of compilation and signature.

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

Required documents

Along with the statement of claim to the court, you must provide:

• passport,
• receipt of payment of state duty,
• birth certificate of the second child,
• salary certificate,
• certificate of registration of a new marriage,
• if the second wife is on maternity leave - a certificate from her employer.

If there are additional costs for a second minor due to treatment, medical certificates will be required. If the plaintiff was fired due to layoffs, a work record book.

State duty amount

The amount of state duty is calculated in accordance with clause 1 of Art. 333.19 of the Tax Code of the Russian Federation as in cases of a property nature and depends on the value of the claims. It consists of the amount by which alimony will be reduced for a period of no more than 12 months.

Having calculated the cost of the claim, you need to multiply it by the percentages indicated in the table, and add the fixed part of the state duty to the total.

Cost of claim
Amount
Up to 20 thousand rubles. 4%, minimum 400 rub. 20-100 thousand rubles. 3% and 800 rub. 100-200 thousand rubles. 2%+1,200 rub. 200 thousand – 1 million rubles. 5,200 + 1% From 1 million rubles. 13,200 + 0.1%, but not more than 60,000 rubles.

Terms of consideration

The standard review period applies here - 2 months from the date of registration of the application. After the court makes a decision, the parties are given 1 month to appeal, after which it enters into legal force.

Appealing the decision

If one of the parties is not satisfied with the decision made by the court, it is possible to appeal it within a month through the appeal procedure. What is needed for this:

1. Prepare an appeal, indicating in it the norms violated by the court when making a decision: non-compliance with legal requirements, incorrect interpretation or application of inappropriate regulations.
2. File a complaint with the court that made the decision. He notifies all parties that the appeal has been accepted, then transfers the documents to the appeal board of a higher authority. Once informed of the appeal, the other party may file an objection, but this is not grounds for dismissal.
3. Come to the meeting.
4. Receive an appeal determination.

Based on the results of the appeal, the court cancels the decision of the court of first instance in whole or in part, issuing an appeal ruling. It comes into force from the moment of publication; challenge is possible only through cassation procedure.

Arbitrage practice

Most often, men's claims are denied. Let's look at several different examples from judicial practice:

Olkhovsky V.V. was assigned alimony in the amount of ¼ of his earnings to support his daughter in 2012. In 2015, his son was born from his second marriage, and he asked to reduce payments from ¼ to 1/6.

After considering the claim, the court made a negative decision. The total family income was taken into account, which showed that more money is calculated for each person than for a minor daughter, and the man’s level of wealth allows him to pay money in the same amount.

Islankin O.L. was ordered to pay alimony for his son in 2014 in the amount of 25% of income. He subsequently got married, divorced 2 years later, and left with his second wife a daughter, for whom the woman also exacted 25% of her ex-husband’s earnings. In total, he had to give away half of the income.

Guided by the provisions of Art. 81 of the RF IC, Islankin O.L. asked the court to reduce payments from 50% to 33%, as required by law. The claim was granted.

Grounds for refusal to reduce the amount of alimony

The most common reason is that there is no reason to reduce the amount of alimony, but there may be other factors:

• provision of insufficient documentary evidence;
• the child's need for increased financial expenses.

Each case is considered individually in court, but the mere fact of the appearance of a second minor as a dependent is not a basis for reducing payments for the first one, if alimony is not collected from him by the new wife.

Who recalculates child support?

The obligation to recalculate is assigned to the accountant if the IL is transferred to the payer’s place of work. For failure to comply with this requirement, he may be subject to administrative liability.

If the IL is provided to the FSSP for forced collection, the recalculation is carried out by the bailiff conducting enforcement proceedings.

Expert opinion

Reducing the amount of alimony is possible voluntarily or judicially. To do this, the payer needs to reach an agreement with the recipient or file a claim in court, having previously collected documentary evidence indicating a difficult financial situation.

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Source: https://SocPrav.ru/kak-umenshit-alimenty-na-pervogo-rebenka-pri-rozhdenii-vtorogo

How to correctly formalize a reduction in child support in connection with the birth of the second, third and each subsequent child?

After the breakup of family relationships, former spouses have new families, and, as a rule, people have new children.

Since in relation to a child from a first marriage, with whom the parent does not live, he already pays alimony, and with the advent of new family members, earnings become insufficient, the alimony payer demands a reduction in payments.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 938-46-18. It's fast and free!

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Is it possible to reduce the amount of payments if a baby is born in the second family?

The responsibility of parents to support their minor children, and in some cases also adults, is spelled out in Art. 80 of the Family Code of the Russian Federation (RF IC). All children apply for financial support in the form of alimony payments, regardless of the marriage they were born into.

The amounts of alimony payments assigned in court are indicated in Art. 81 IC RF . If a child support agreement is signed between the parents, then they have the right to independently determine the amount of money transfers. The court considers each individual case individually, and, when assigning the amount of alimony, takes into account the financial situation of both parties.

Article 81 of the RF IC. The amount of alimony collected from minor children in court

1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents.
2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.

The parent who is obligated to pay child support retains the right to demand a reduction in the amount of payments if there are good reasons for this.

The amount of payments upon the birth of a second child may be reduced if the following grounds exist::

• An increase in the number of dependents, and the second child is one of them.
• If child support obligations arise in relation to other children from another family. If the payer has three or more children, then the total amount of alimony should not exceed 70% of his earnings (Article 99 of Law No. 229-FZ “On Enforcement Proceedings”).
• The occurrence of health problems (payments may be reduced for a certain period or indefinitely).
• If the child has his own income.
• If the child is fully or partially supported by the state (study, boarding school).
• If the amounts transferred to the child significantly exceed his needs.

Important! Loss of a job, due to which the alimony payer does not have funds for his own maintenance, may also serve as a basis for reducing the amount of alimony payments.

Read also: Establishing paternity by DNA: cost, through court, price

The amount of alimony paid is reduced in the same way as these payments were assigned . If an agreement has been concluded between the parents, then after discussing this issue and deciding on the new amount of payments, they can contact a notary to change the terms of the agreement (Article 101 of the RF IC).

Let us consider in detail how to file a claim for a reduction in alimony payments in the event of the birth of a second child in a new marriage.

If alimony is paid on the basis of a court decision, the procedure will be as follows:

1. Collection of documents and evidence that the alimony payer has grounds for demanding a reduction in the amount of payments.
2. Drawing up a statement of claim.
3. Applying to a judicial authority with a claim and a complete package of documents.
4. Taking part in a court hearing at which the court will make a decision on the case.

As a rule, the payer himself files a claim to reduce the amount of alimony. The plaintiff submits the application in writing, putting his personal signature on it. Although there is no single established form of this document, according to the rules specified in Art. 131.132 of the Civil Procedure Code (Civil Procedure Code of the Russian Federation), the application must indicate the following information:

1. full name of the judicial authority where the entire package of documents will be submitted;
2. Full name and contact information of both parties;
3. executive document on the basis of which alimony is paid;
4. the reason why the alimony payer wants to reduce the amount of payments (the birth of a second child);
5. requirements put forward by the applicant;
6. the amount of current alimony payments, and the amount to which the plaintiff requests to reduce payments;
7. if there were negotiations between the two parties regarding a reduction in payments, then what result did they come to;
8. reference to legislative acts;
9. list of documents submitted to the court;
10. personal signature and date of submission of the application.

After accepting the statement of claim, the court, within 5 days, makes a decision to begin proceedings in the case or return documents indicating the reason (Article 133 of the Code of Civil Procedure of the Russian Federation).

Providing the judicial authority with all documents important for the consideration of the case can significantly increase the chances of the claim being satisfied. Copies of the following documents are submitted simultaneously with the application :

1. applicant's passport;
2. a document confirming the fact of marriage or divorce;
3. the child’s birth certificate, as well as, if available, documents confirming paternity, including medical certificates;
4. executive document confirming previously assigned alimony;
5. a certificate from a medical institution if the reduction in payments is due to a deterioration in health;
6. documents confirming the need to reduce the amount of alimony payments;
7. confirmation of the presence of other dependents of the alimony payer (new alimony obligations);
8. certificate of family composition;
9. income certificate.

Copies of documents must be notarized , and the originals must be presented at the court hearing.

The applicant submits the claim to the magistrate’s court at the place of residence of the spouse with the first child, or at his own place of residence (Articles 23, 28 of the Code of Civil Procedure of the Russian Federation). In addition, documents can be sent by post with notification.

Article 28 of the Code of Civil Procedure of the Russian Federation. Filing a claim at the place of residence or location of the defendant

The claim is brought to the court at the place of residence of the defendant. A claim against an organization is filed in court at the location of the organization.

The court approaches each case on the assignment of alimony, as well as on changing the amount of payments, on an individual basis. At the meeting, all evidence presented is considered , and both sides are heard. The decision is made taking into account the family and financial status of the plaintiff and defendant.

Nuances of calculating alimony payments

The obligation to pay child support falls on parents who, for whatever reason, do not live with their children. According to the law, children, regardless of whether they were born in an official marriage or in a civil marriage, have the right to receive alimony. A father who has left the family can pay money on a voluntary basis, or forcibly through the court.

Initially, Art. 81 of the RF IC establishes the following amounts of alimony payments :

It is written here what percentage of income alimony is, and what exact income they can be calculated from is written here.

For the first child, if the issue is resolved in court, payments will be assigned in the amount of 25% of the father’s income.

If the alimony payer has other children, the amount of payments for each child is reduced depending on their number . This recalculation does not occur automatically. In order for the amount of payments to be reduced, the payer will need to go to court each time to make such a decision.

The amount of alimony collected from the father depends on the number of children, but not on how many marriages they were born into.

For example, if a man has three children from two wives. Two of them were born in the first family, and the second appeared in the second marriage.

Initially, the father was entrusted with the obligation to pay funds for the children from his first marriage, which for two children is 1/3 of the income, but with the appearance of another child, the amount of payments will be increased to 50% for three children, and the amount recovered will be divided into each child equally.

Important! As a rule, the court equalizes the rights of all children, but under certain circumstances, if there is an appropriate request from the payer, a decision may be made to reduce the amount of payments based on the financial situation of the payer and the children.

How to calculate the amount of alimony is described in this material, and here you can learn how to calculate the average salary.

How to reduce the amount when a third offspring is born in a new family?

When a third child is born in a subsequent marriage, both officially and civilly, the payer may qualify for a reduction in the amount of alimony payments. Birth documents must contain a record of the father .

The decision to change the amount of alimony payments for both the second and third child can be made voluntarily by mutual consent of the parents, which is fixed in the alimony agreement, or in court.

Child support is not automatically reduced upon the birth of a third child in a second or third marriage ; In order to reduce the amount of payments for children from previous wives, the alimony payer will need to file a statement of claim in which this request will be indicated, as well as provide the court with significant evidence of such need (for example, the birth of a third child). Only if there are good reasons, the court will decide to reduce the amount of payments.

At the birth of each child and the payer applies, the court will review the amount of the assigned payments, possibly reducing it (what is the minimum amount of alimony?).

The father has the right to demand a reduction in the established child support if he has another child in his new marriage.

But the court does not always satisfy such claims, especially if the payer lives with his second child, and his income allows him to fully provide for two children.

Therefore, when acquiring a large number of heirs, the father, first of all, should think about the material support of each of them.

Source: https://urexpert.online/semya-i-brak/alimenty/razmer/umenshenie-pri-rozhdenii-drugih-detej.html

Application for reduction of alimony: sample 2020, download, how to write

Divorce of spouses does not mean that the responsibility for raising and maintaining joint children falls on only one of the parents. On the contrary, paragraph 1 of Art. 80 of the RF IC imposes equal obligations on the mother and father of the child.

The payment of child support from a parent who does not live together with them raises a lot of controversy. Sometimes the amount of the required contributions loses its relevance or becomes unaffordable for the father of the child. Then he may need to apply for a reduction in alimony.

How and when is it compiled, what arguments should be given in it?

Who and how can reduce the amount of alimony?

Alimony payers are thinking about reducing alimony payments. For the receiving party, this question does not arise; on the contrary, the amount paid is often not enough to support the children. Therefore, only the payer can take care of reducing the amount of alimony. Moreover, the issue can be solved in two ways:

1. If a settlement agreement was previously concluded between the former spouses, then during negotiations they can reduce the amount of the payment. There is no need to go to court for this. The main thing is that the spouse gives her consent to reduce the size, and the final amount is not less than that required by law (sufficient to meet the needs of the child).
2. If the amount of alimony was established by the court, then a statement of claim is drawn up to reduce the amount of payments (this is true even if after the court the parents themselves agreed to reduce the payments). The same mechanism operates when one of the parties wants to change the terms of the alimony agreement, but the other opposes this.

The first option does not require financial costs, and the issue itself is resolved much faster. In practice, ex-spouses usually fail to resolve the problem on their own. Therefore, the need to file a claim arises.

Strong arguments for reducing alimony

Proceedings to reduce alimony are always initiated by the payer. However, in order to go to court, he must have serious grounds. Clause 1 Art. 119 of the RF IC provides for the possibility of revising the amount of payments in connection with a change in financial or marital status, as well as taking into account other interests and circumstances.

One of the common reasons for applying is that the payer has other children. For example, in connection with the birth of a second child, he can reduce the amount of payments from ¼ to 1/6. This option is acceptable if:

1. the amount of alimony was previously established as a percentage of the payer’s earnings;
2. The alimony worker has a regular income.

It is legally determined that two children are entitled to 1/3 of the parent’s earnings or 1/6 for each of them. Consequently, the birth of a child is a sufficient basis for reducing alimony, unless it is determined in a fixed form.

The appearance of children by the child support payer is a powerful argument for reducing the financial burden of the previous child. But this is not the only circumstance due to which the amount of payments may be reduced. Often the court sides with the parent when they present other arguments:

• a significant decrease in income (in solid form);
• deterioration of well-being (for example, receiving a disability group that prevents full-fledged work activity - most often we are talking about groups I and II);
• complete or partial incapacity of the alimony provider;
• a decrease in the standard of living (for example, if the inflation rate in the country is high, but incomes are not growing);
• the appearance of other dependents (they do not have to be children, for example, they can be elderly parents);
• loss of employment through no fault of the payer;
• the child receives financial support from the state, which is enough for his normal existence;
• the income is too high if alimony is paid as a percentage of the salary (but here the payments previously established by law must be 3 times higher than the child’s needs).

The list of all situations and circumstances is not specified by law. The court makes a decision based on the totality of the facts and evidence presented. For example, sometimes children begin to receive regular income at the age of 16. This may also become a basis for reducing alimony.

Features of filling out a statement of claim

Any appeal to the court requires the correct preparation of the claim. Therefore, when entering information into a document template, it is better to use a sample. This will help you avoid annoying mistakes.

Sample statement of claim to reduce the amount of alimony:

Download a sample application in doc format

The claim form for alimony reduction allows you to avoid entering general information manually. This greatly simplifies and speeds up the process of filling out paperwork. When compiling, be sure to indicate:

• to which authority the document is sent (number and address of the site);
• who are the plaintiff and defendant in the case (in this case, the plaintiff is the payer of alimony, and the defendant is their recipient; in the case of the primary purpose of payments, the opposite is true);
• information about the court decision in hand (number of the site and the decision itself, the date of its adoption);
• information about children or a child in whose favor alimony is paid;
• the amount of alimony (either in shares of earnings, or in rubles - if a fixed form was adopted);
• significant circumstances due to which there was a need to apply to the court for a reduction in payments;
• the desired amount of alimony (that is, in the claim the plaintiff indicates a new amount or share of alimony, but in court proceedings this figure may be adjusted or remain unchanged);
• a list of evidence and other documents attached to the claim;
• date of document preparation;
• plaintiff's signature.

Read also: Register in the early stages of pregnancy: how many weeks, benefits

Indicating the price of the claim in the application is a mandatory condition. Usually we are talking about the amount of recovery from the defendant. In the case of a reduction in alimony, something else is said - about what level of alimony will suit the plaintiff in view of the changes that have occurred in his life.

Applications and evidence

When filing a claim, the alimony provider attaches a package of papers, the list of which is determined individually. Mandatory are:

• copy of the application;
• receipt of payment of state duty;
• a copy of the decision on the basis of which alimony payments are made in the present time;
• salary certificate and information about other income.

The case is considered by the court only after payment of the state fee. The amount for such a claim in 2020 is 300 rubles. for an individual.

The list of documents for a specific case may include a large list of papers. The more evidence the alimony provider can provide in his favor, the higher the likelihood of alimony reduction. For example, the application may be accompanied by:

• certificate of disability;
• order of reduction or dismissal due to other circumstances beyond the payer’s control;
• certificate of health of an elderly parent who requires care, etc.

Judicial practice does not imply a single algorithm for resolving the issue. Even minor differences in cases can cause different results. The main task of the plaintiff is to prove the need to reduce alimony and the complexity of his financial situation. And then the probability of a positive answer will be significantly higher.

A thorough study of the issue does not always guarantee a positive outcome . On our website you can get the most detailed consultation on your issue from our lawyers for free in Moscow +7-499-703-35-33 ext. 897 and St. Petersburg +7-812-309-06-71 ext. 550 .

Source: https://urpomosh03.ru/semejnoe-pravo/alimenty/zayavlenie-na-umenshenie-alimentov

How to reduce child support at the birth of a second child in 2019: in a second family, sample application

It is the responsibility of each parent to pay child support in the event of leaving the family. The payment procedure and amount are established, which most often only increases due to inflation. But there are ways to reduce your payments. For example, you can reduce child support at the birth of a second child.

General information

Paying child support is commonplace for many modern parents. Some of them provide financial assistance to the child voluntarily, having concluded an appropriate agreement. Others comply with the court's decision if there has been a formal judicial review of the case.

In addition to minor children, the following may apply for financial assistance:

• parents;
• spouse;
• adult child.

In all three cases, the recipient of the payments must need them - be disabled, unable to work, etc. But if the payer has a child who also requires alimony, the amount provided to adult relatives can also be reduced.

The amount of child support must correspond to the financial capabilities of the payer, as well as the needs of the child. If the parent has a good income and the established percentage of it (for example, 25%) is too large a payment for a minor, the court may reduce it.

In practice, reductions in payments are not carried out as often as increases. Moreover, in the second case, the initiator is usually the guardian of a minor child. By law, the amount of alimony can be changed regardless of how it is paid - as a fixed amount or as a percentage of income. And in both cases, this can only be done in court.

Reasons for the decrease

Not a single regulatory act contains a list of reasons why the amount of alimony payments can be reduced. This issue is resolved solely on the basis of judicial practice. And the court is guided only by the results of previous meetings. Typically, you can achieve a reduction in the amount in the following cases:

1. If the payer has received disability. We are talking about group 1 or 2. The court takes into account the fact that the plaintiff has incurred additional expenses.
2. If a minor child has his own source of income. For example, he is the owner of real estate that is rented out. In this case, the amount of income should be high, and the level of wages of the payer, on the contrary, should be small. Cases where the child's guardian is financially wealthy are not grounds for reducing child support.
3. The appearance of other dependents by the payer. Let's say he is forced to support disabled parents. Or he had a child in his second marriage. But it must be proven that the parent cannot provide the same financial support to both children.
4. If a minor child is fully supported by the state. That is, he stays in an orphanage or studies in an appropriate institution.
5. If the payer loses his job (at the initiative of the employer), the court may temporarily reduce the amount of payments.

When it comes to the birth of a second child, the court also takes into account various facts. For example, does the child's guardian have another source of income.

The plaintiff will be denied if the following facts are revealed:

• if the payer’s income greatly exceeds the subsistence level;
• if he can pay child support for both children;
• in the case when he is married to the mother of the second child and has a joint budget with her.

In order for the court not to refuse, you need to draft the claim correctly.

Procedure for reducing alimony

Despite the fact that in practice the initiator of legal proceedings to reduce the amount of alimony is the payer, the law allows the mother of the second child to file a claim. She can file an application to recover payments for her baby.

In this case, the court will satisfy the claim, after which the payer can file a counter-claim to reduce the amount of payments for the first child. In practice, the court satisfies such claims without any problems, reducing the amount of payments from 25% for one child to 16.5% for each child.

After all, according to the law, 33% of earnings are paid for two children, but since the children live separately, alimony is subject to division. If the plaintiff pays a fixed amount, then the court takes into account the regional cost of living for children, the financial capabilities of the payer and the needs of minor children.

In the case where payments are provided on the basis of an agreement, the parties can independently reduce their size. To do this, you just need to contact the notary again and conclude a new agreement. In practice, it is not always possible for the payer and the guardian to come to an amicable agreement. And if a conflict arises, you should go to court.

Documentation

At the stage of going to court to reduce payments, the most important thing is the preparation of documents. The plaintiff must draw up a statement, a sample of which can be obtained from the court office. Since there is no standard, unified claim form, it is important to follow the basic principles of business documentation.

The statement of claim must contain the following points:

1. Name of the judicial authority. The application can be submitted both to the place of residence of the defendant and the plaintiff.
2. Information about the parties.
3. Information about minor children for whom child support is paid.
4. Description of the circumstances of the case. The plaintiff must indicate the reasons for the reduction in alimony.
5. Requirement to reduce the amount of payments for the first child.
6. List of attached documents.
7. Signature and date.

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

As for documents, you need to use them to confirm your requirements. The standard package of documents for the court includes:

1. Passport.
2. Papers confirming the birth of young children.
3. Documents confirming payment of alimony for the second child.
4. Certificate of income.
5. Extract from the house register.
6. Agreement on the payment of alimony, if the parties could not peacefully agree on a reduction in payments.

Copies should be made of all documents, and the statement of claim should be drawn up in triplicate.

The court's decision

If the court grants the claim, the parties must wait until the decision comes into force. Then it will be possible to pay a new amount of alimony. And this is despite the fact that the court’s decision when assigning payments is legal immediately after it is made.

Then everything happens as standard - the writ of execution is submitted to the bailiffs or directly to the payer’s place of work. And then the employer begins to calculate child support for both children in the amount indicated in the writ of execution.

How to dispute

The defendant (in this case, the second parent of a minor child) has the right to challenge the court decision. But desire alone is not enough, since you need to confirm that reducing payments is impossible. The real reasons for disputing are:

• being on maternity leave;
• disability;
• lack of earnings and other source of income, etc.

In other words, the mother of a minor child needs to prove that without a full amount of alimony she will not be able to support him. Taking into account the interests of the child, the court may reverse its decision to reduce payments.

Liability for non-payment

Payment of alimony is an obligation, for failure to fulfill which a citizen can be held accountable. In fact, various punishments are used. This may be a financial penalty or more serious administrative sanctions, as well as criminal penalties.

If the payer from time to time misses the deadline for making payments or otherwise violates the established procedure, he will have to pay a penalty (fine). A more serious administrative penalty is deprivation of a driver’s license, a ban on traveling abroad, etc. Deprivation of parental rights is used less frequently, since this measure applies only to persistent defaulters.

This term is used if the parent:

• hides his income and place of work;
• hides his location;
• has a large amount of debt;
• does not pay child support for 4 months or more;
• does not work and does not register with the employment center.

Willful defaulters are punished in different ways. This could be an arrest for 15 days, or it could be criminal prosecution. But if the administrative punishment depends on the bailiff, then the sanctions of Art. 157 of the Criminal Code of the Russian Federation can only be used by a court against a defaulter.

A driver's license cannot be revoked on the following grounds:

• if the car is the payer’s source of income (for example, he is a taxi driver);
• if the total alimony debt is less than 10 thousand rubles;
• when a person is supported by a disabled person or he himself has a disability;
• the payer has an official deferment on payments.

If the matter comes before the deprivation of parental rights, it means that the parent refuses to support the child, goes into hiding, etc. But this does not relieve him of the obligation to pay child support.

Criminal liability for non-payment of alimony under Art. 157 of the Criminal Code of the Russian Federation provides for correctional labor, arrest and even actual imprisonment. In practice, a prison sentence is rarely imposed, since in this case the payer will not be able to work and pay the debt.

Summarize

If a child appears in the payer’s second family, the amount of payments provided for the first child can be reduced. But the parent must prove that he cannot pay 25% of his income for each of them. By law, only a court can make such a decision, so you should prepare a statement of claim and documents in advance.

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Source: https://pravovoiexpert.ru/alimenty/umenshit-alimenty-pri-rozhdenii-vtorogo-rebenka/