In what cases can the amount of alimony be reduced?

Key provisions of alimony legislation will remain unchanged. However, there is a possibility that some important points regarding the collection of alimony will be revised.

In particular, the following issues may be considered:

We also tell you what the likelihood is that child support will be abolished in 2020.

Minimum amount of child support

So far, there is no clear rule in family law regulating the minimum amount of alimony. In November 2019, deputies of A Just Russia introduced a bill to the State Duma that stipulates the minimum possible amount of payments for children. According to the authors of the amendments, it should not be less than the subsistence minimum per child in the region of residence.

On average in the regions, the subsistence level (LS) per child is about 10,000 rubles , but in some regions of the Federation it may be higher (for example, in the Yamalo-Nenets Autonomous Okrug, the minimum subsistence level for children in the 2nd quarter of 2019 was 16,700 rubles). If the amount of alimony is equal to the subsistence level, then the parent obligated for alimony will not have the right to pay less.

So far, the minimum amount of child support is not limited , so you can only roughly calculate the possible minimum amount as a share of income and in a fixed sum of money (TDS).

 

Alimony as a percentage of income is assigned when the payer has a stable official income. Official income cannot be lower than the minimum wage (minimum wage), which is 12,130 rubles .

Alimony is assigned from earnings after withholding income tax (13%), therefore, the minimum amount of alimony in shares will be equal to:

Number of children for whom alimony is paid Amount of alimony payments Per child (12130 - 13%) / 4 = 2638.28 rubles. For two children (12130 - 13%) / 3 = 3517.70 rubles. For three or more children (12130 - 13%) / 2 = 5276.55 rubles.

If alimony is prescribed in the TDS, then its amount depends on the cost of living for a certain socio-demographic group in the region of residence of the recipient of the funds.

Example . The cost of living per child in Orel in 2019 was 10,030 rubles. Since both parents must equally care for their minor children, this amount must be divided in half: 10,030 rubles. / 2 = 5015 rub. If this indicator increases, the assigned payment amount will be indexed.

It should be borne in mind that each party to alimony legal relations has the right to change the amount of alimony paid in court: reduce or increase it. However, this requires compelling reasons.

Indexation of alimony in a fixed amount of money

According to Part 1 of Art. 117 of the Family Code (FC) of the Russian Federation, alimony paid in a fixed amount of money is subject to indexation. It must be carried out either by the payer’s employer or by the bailiff who is in charge of the proceedings for the collection of alimony.

Alimony paid under a notarial agreement is indexed in accordance with the conditions specified in the agreement. If there is no clause on indexation in the agreement, then it is carried out according to the general principles of family law.

 

According to the law, alimony is indexed in proportion to the increase in the cost of living . If the monthly minimum is reduced, then indexation is not carried out - that is, alimony cannot become less than it was. This is confirmed by paragraph 5.

2 “Methodological recommendations on the procedure for fulfilling the requirements of executive documents on the collection of alimony.”

No innovations are expected in this area of ​​alimony legislation: indexation of alimony in the TDS will be carried out as before in order to compensate for the level of inflation.

Will “housing” alimony be introduced?

So far, there is no specific clause in the Family Code that would oblige the alimony payer to pay additional alimony that would be used to provide housing for the child. However, this issue was actively discussed in 2019 and, most likely, will be considered more than once in 2020.

The corresponding bill was developed by the Ministry of Justice back in 2016. It was assumed that housing support would be collected only if the child and the parent who lives with him really need this type of material support.

Article 86 of the RF IC already stipulates the circumstances in the event of which additional funds .

Most often, such situations include illness or serious injury of a child, but this list is not closed. It was this article that the Ministry of Justice wanted to supplement with a clause on the collection of “housing” alimony.

In 2019, the amendments were not approved, but it is possible that the amended text of the new law will be considered by the authorities in 2020.

At the moment, the obligation to provide needy former family members with living space is prescribed in Part 4 of Art. 31 of the Housing Code: this article of the law is relevant in cases where the ex-spouse is the sole owner of the home - for example, he received it as an inheritance or bought it before marriage.

In the article “Housing alimony” you can find out all the details of the bill, as well as get acquainted with the possibilities that already exist.

Will the state pay child support?

Back in April 2019, a bill was introduced to the State Duma on the payment of child support by the state in cases where it is impossible to collect funds from their parents. This initiative was not considered in 2019, but it is quite possible that legislators will return to it in 2020.

According to the innovation, the state would pay alimony if the following conditions are met:

1. The parent has not paid child support for more than 6 months.
2. It is impossible to foreclose on the property of a defaulter.

In addition, in November 2019, bill No. 828623-7 was also introduced into the State Duma, according to which funds for children whose parents are evading payment of child support and are wanted will be paid from the budgets of the constituent entities of the Federation . It is assumed that the state will collect the amount paid from the debtor after determining his location. It is quite possible that the State Duma will consider the bill in 2020.

The state is already helping children whose parents are evading payment of child support or are on the wanted list. You can get more information on the topic in the article “Child support from the state.”

Tightening liability for non-payment of alimony

The Federal Bailiff Service (FSSP) is responsible for collecting alimony debts. To influence the defaulter, bailiffs can bring him to various measures of responsibility: from administrative to (in the case of malicious non-payment of alimony) criminal.

At the same time, the debtor is often held liable under Art. 157 of the Criminal Code (Criminal Code) of the Russian Federation is not possible if he transfers even tiny amounts of funds and does so irregularly. That is, if a father transfers at least 1,000 rubles to a child every six months, this may become a basis for refusing to initiate a criminal case.

This is due to the fact that at the moment it is possible to bring an alimony defaulter to criminal liability only after a previous administrative punishment .

Moreover, the fact of malicious non-payment must be repeated repeatedly - that is, provided that the defaulter, even after administrative measures have been applied to him, continues to evade paying funds for a child or disabled parent.

It is precisely because the debtor from time to time transfers insignificant amounts to the account of the recipient of funds that it can be difficult .

 

In this regard, in October 2019, the Russian Ministry of Justice began developing a bill that would make it possible to bring an alimony defaulter to criminal liability if he does not timely transfer funds “in the amount established by a court decision or notarized by an agreement.”

If the law is adopted, it will not be possible to avoid criminal punishment by paying small amounts. You can view the draft new law on the official website of the Federal Portal of Draft Regulatory Legal Acts. Most likely, the innovation will be considered by the authorities in 2020. However it is not yet known whether it will come into force.

Can they take away their only home for alimony debt?

As to whether changes to family legislation on this issue will be adopted in 2020, it is not yet possible to give a definite answer. At the moment, it is impossible to seize the only home of the alimony payer to pay off the debt.

The procedure for the seizure of the only home to pay off alimony debt must be reviewed within the framework of the Resolution of the Constitutional Court of the Russian Federation No. 11-P dated May 14, 2012. In 2016, the Ministry of Justice began developing a corresponding bill, but it was never adopted and it is unknown whether the authorities will return to discussing this issue in 2020.

It was assumed that it would be possible to seize the only home of an alimony debtor only if the size of the house or apartment significantly exceeds the minimum area required for living of all family members.

Part of the money from the sale of luxury housing was supposed to be returned to the payer for the purchase of a new, smaller home.

 

For now, it is possible to seize the only living space of an alimony defaulter for debts only if it was purchased with a mortgage, and, in accordance with mortgage legislation, it can be foreclosed on - para. 2 hours 1 tbsp. 446 of the Civil Procedure Code (Civil Procedure Code) of the Russian Federation.

Cancellation of deferment from the army for alimony debtors

In order to protect the interests of the family, motherhood, fatherhood and childhood, a bill was developed that provides for limiting the right of deferment from conscription for military service of citizens who do not pay alimony and have alimony debt. It was assumed that the deferment would be deprived for:

• failure to pay child support for two or more children;
• failure to pay funds for a child and a pregnant wife who is at least 26 weeks pregnant.

The Government of the Russian Federation generally approved the bill and proposed adding the following amendments to it:

• cancel the deferment for fathers who do not pay child support for disabled children under 3 years of age;
• when making a decision to refuse a deferment, it is necessary to obtain complete information about the progress of alimony proceedings, and not just find out the amount of debt: after all, its occurrence can be associated with a wide variety of reasons.

In 2019, the innovations were not adopted. Perhaps deputies will return to discussing the abolition of the deferment from the army for child support debt in 2020.

Will child support be abolished in 2020?

In April 2019, representatives of the Egalitarian Men's Movement published a petition on change.org for the abolition of child support. The initiative is addressed to Russian President Vladimir Putin, as well as the State Duma and the Federation Council.

According to the authors of the initiative, alimony policy leads to the collapse of Russian families : instead of reaching an agreement, mothers (after all, it is with them that minors are most often left) demand alimony from fathers, and in some cases even begin to manipulate men.

As of November 2019, the petition had been signed by more than 16 thousand people. Of course, the likelihood that alimony will be canceled in 2020 or in the near future tends to zero: the state especially protects the interests of motherhood and childhood, and alimony is one of the guarantees of equal financial participation of both parents in the life of the child.

Child support law in 2020: what will remain unchanged

In 2020, the fundamental principles of alimony payment will not change. These include:

1. The right of needy family members to receive alimony payments from relatives.
2. Procedure for collecting alimony:
3. Ways to withhold alimony payments:
   • percentage or equity - a certain percentage of all income of the payer is withheld as alimony;
   • in a fixed amount of money - a fixed amount of payments, a multiple of the subsistence level in the region of residence;
   • mixed - in shares and in a fixed amount at the same time.
4. Procedure for enforcement proceedings (IP):
   • initiation of an individual entrepreneur in the territorial branch of the bailiff service on the basis of the claimant’s presentation of a writ of execution;
   • In case of debts, the bailiffs have the right to hold the defaulter to various measures of responsibility.

Read also: What payments are due to pregnant women in 2020: working, non-working, students

Source: http://alimente-info.ru/v-2020-godu/

Judicial practice in 2020 on reducing the amount of alimony

Reducing the amount of alimony in judicial practice is ambiguous and consideration often takes a long time. This is due to the fact that court staff need to familiarize themselves with the case materials, the aspects involved, and they also need to analyze and assess the situation. Only after this is a court decision made to reduce the amount of alimony.

The satisfaction of the claim or refusal is explained by the fact that the interests of children who have not reached the age of eighteen are considered a priority. The court also takes into account the circumstances of the payer and recipient of alimony payments. In this case, the preconditions that forced the citizen to file such an application in court are taken into account.

As can be seen from the above, the situation is quite complex and this review will focus on the issue of judicial practice in Russia for 2020.

For all related questions, you can contact the legal experts of the portal. Consultation for Russian citizens is free.

Where to start reducing alimony payments

Of course, a popular question is “Is it possible to reduce the amount of alimony and how to do it?” requires consultation with a family law lawyer. We remind you that questions are answered in a free format by specialists of our portal.

If, after legal assistance, a decision is made to start a trial to reduce payments, you should be mentally prepared for the fact that it will take a lot of time. It is also necessary to collect the relevant documents and have serious grounds for filing such a claim. Please note that the application must be drawn up in a legally correct manner. A specialist can also help with this.

In addition, you should obtain a preliminary decision from the magistrate. To do this, you need to make an appointment in person and justify why and on what basis you are filing a claim to reduce the amount of alimony. As a rule, the reasons are as follows:

• there is a real need to reduce financial assistance to the child;
• when satisfying a claim, one should rely on the absence of infringement of the child’s rights;
• reductions in payments should not affect the quality of life of minor children.

Only with solid reasons and a real change in the family and financial components of the payer’s life can the court grant the application. Otherwise, consideration or satisfaction of the claim will be denied.

Persons with the right to appeal

To apply to the court for collection of arrears of alimony, citizens must be:

• biological or adoptive parents;
• family having custody of the child;
• representatives of the educational organization;
• honey. institution;
• guardianship authorities.

In other words, any persons or organizations that are involved in the upbringing and maintenance of disabled children under 18 years of age. An application for alimony or accumulated debt must be submitted to the judicial authorities at the place of residence of the applicant. In cases where we are talking about a dispute in which payments should be reduced, the claim is also filed at the address of the claimant.

As for the claim itself to reduce alimony payments, it must be correctly and correctly drawn up from a legal point of view. In addition to the details, it must contain the following information:

• judicial contact information;
• the essence of the request;
• reasons for filing the application;
• attached regulatory framework and facts;
• explanations in the disputed payments;
• data on the pre-trial method of dispute resolution (if any);
• list of documentation.

In addition to the real circumstances due to which it is necessary to reduce alimony payments, there are also reasons that are not grounds for a reduction.

So the next area of ​​justification cannot be satisfied. Let's look at it in detail:

• you cannot refer to the fact that the recipient has increased his well-being;
• the emergence of movable and immovable property from the raising parent (provided it is not used as income);
• the child receives government support in the form of subsidies.

Also, when considering a dispute, the magistrate will calculate the new amount based on factors such as:

• what is the percentage of payments withheld:
• the number of relatives of an incapacitated nature;
• what level of percentage is deducted in favor of all children supported by the applicant.

In a situation where alimony was calculated in shares relative to the payer’s income, then their reduction will occur in the same way. The court has the right to satisfy the claim in full or in part, but only if the debts incurred and the grounds for reducing them are valid. These factors include:

• serious illness;
• financial situation;
• the presence of a disabled child in a second marriage, etc.

In order for the court to consider a dispute regarding the reduction of alimony and make an appropriate decision, it is necessary to draw up a statement of claim and send it to the magistrate at the address of the alimony recipient.

Litigation practice

This section will present cases from judicial practice that are most often encountered.

Birth of a second and subsequent child in a second marriage

If the reason for the appeal is the birth of a child in a second marriage, then this is not a basis for the court to reduce alimony for the first. Also, if no agreement has been concluded, then in accordance with Article No. 81 of the IC of Russia, monthly payments must be made for incompetent children, the amount of which is established by the judge, namely:

• for the first child, payments are ¼ of the income;
• for two children, at least ⅓ of the share must be transferred;
• and if three or more children are born, then half of the salary is transferred.

These payments may increase or decrease depending on the decision of the judge. To resolve the issue in your favor, you must provide specific reasons. Which? We have listed in the previous sections.

The recipient of alimony filed an objection to the claim to reduce the amount of alimony

In addition to those questions related to writing a statement, justification and place of filing, citizens also have the question of refuting such a claim.

Thus, any party has the right to file an objection to the statement of claim if it legally violates the rights of the child and the recipient does not agree with the reasons for the reduction. In this case, the court often rejects the application from the payer.

In view of this, all arguments in the claim must really substantiate the claim and at the same time be supported by a documentary base with references to norms and the legal component.

Reduce child support payments for children from different marriages

The payer has another obligation regarding alimony payments and when adding up the amounts of alimony, they exceed the maximum established by the Legislation of the Russian Federation. For example, a mother is the payer to support her child from her first marriage. The amount of payments is ½ part of income.

If in her second marriage she had a child, and she again has to pay child support. It turns out that in total, these payments exceed 33%. Then you can apply for a reduction in alimony payments.

But in this case, you need to file 2 identical statements of claim that the reduction in alimony was equivalent in relation to each obligation.

In what cases can the amount of alimony be reduced?

Alimony is paid for the maintenance of minor or incapacitated
parents and other family members.
Funds are transferred both under a voluntarily concluded agreement and by a court decision, where
the amount is clearly indicated.
But it is possible to reduce alimony if special circumstances arise. In what cases is this possible?

Amount of alimony

The amount of cash payments for the maintenance of minors
is determined in two ways:

• fixed amount;
• part of the salary.

In the first case, the size is tied to the cost of living in the region and Russia.

Payment of a fixed amount is usually prescribed if the payer does not have an official job with a regular income.

In practice, it is more common that alimony is tied to the amount of wages as a percentage. The amount also depends on the number of children.

Thus, for one child a payment of 25% of official earnings is provided, for two – 33%, for three or more – 50%.

The scope of calculation and payment of benefits is legally regulated by the Family Code of the Russian Federation. Federal Law No. 229 of October 2, 2009 is also taken into account.

Child support: what percentage of salary.

Reasons for recalculating alimony payments

There are good reasons for reducing alimony, which will reduce the amount of benefits. Payment recalculation is possible in the following cases.

• Due to the worsening financial situation of the payer.
• If the alimony recipient has been assigned a disability.
• When a new child is born in another family.
• The payment recipient has an additional source of income that significantly exceeds the amount of payments.

If a child who has reached the age of 16 has his own income (from renting out housing, dividends from a bank account, etc.), which allows him to meet his needs, then this is the basis for reducing the amount of alimony.

To do this, you will need to file a corresponding application with the court. All circumstances will be considered at the meeting.

In cases where the payment of alimony greatly worsens the condition of the payer, but is insignificant for the recipient of the benefit, its amount may be reduced.

In the case where the father pays funds in the amount of 25% for the maintenance of one child, but a second one is born in another family, the amount may be reduced. The law stipulates that the payment for two children should not exceed 33%. T

Thus, it is divided into two parts, even if the babies are from different women in different families. Each of the children will receive only 16.5% of the payer’s official earnings.

It is also possible to reduce the amount paid per child if the minor is partially dependent on the state, for example, studying in a boarding-type correctional educational organization.

In this case, payments for its maintenance are necessary only during vacations or weekends.

The basis for reducing alimony may be the appearance of other dependents by the payer.

Thus, if there are incapacitated parents to whom assistance is paid, the alimony provider may qualify for a reduction in the amount of child benefit.

Alimony cannot be reduced if the following circumstances exist:

• the child owns property that does not generate
  income;
• the second parent raising the child has
  a high level of income;
• receipt of pension payments by minors.

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

Reducing alimony

There are two ways to reduce the amount of alimony:

• changing the terms of the alimony agreement;
• through a court decision.

If the former spouses initially reach an agreement, then they enter into an alimony agreement, which specifies the amount of payments, form, terms and other information.

If special circumstances arise, both parties may agree to reduce the benefit amount.

If the other parent is not against the changes, they are included in the agreement. In this case, the document and all amendments must be certified by a notary office, otherwise they will not have legal force.

In the case where payments were initially established by a court decision, their reduction must also be achieved through government agencies.

To change the amount of alimony, you must submit a corresponding application to the court and wait for a decision.

• The documents can be submitted directly by the payer or his representative who has a power of attorney for these actions.
• The decision will not affect the form of payment of alimony; it will remain the same as in the original decision on the assignment of benefits.
• Download the application for alimony reduction here:

Application to reduce the amount of alimony.Download

Changes in legislation

In 2019-2020, there are no plans to make major changes to the legislative framework regarding alimony payments.

Indexation of benefits is carried out directly by the employer of the officially employed payer.

If the alimony worker does not work, then the procedure is carried out by bailiffs. The minimum payment amount is still not established; it is determined for each case individually.

When calculating alimony, first of all, the needs of the child are taken into account, but the capabilities of the payer are not excluded.

What documents are needed to reduce alimony?

Before filing a claim in court, you should collect the documents that will be needed to reduce the amount of alimony.

The list includes such papers as:

• a copy of the plaintiff's passport;
• child's birth certificate;
• marriage or divorce registration paper;
• certificate of income for 6 months;
• bank account details.

The plaintiff must provide evidence of special circumstances to reduce the payment.

Read also: Amount of alimony for 3 children: amounts, in shares, from different marriages

Only if there are serious grounds, a court decision will be in favor of the payer.

Among the documents that should be prepared are:

• a certificate of income confirming the deterioration
  of the financial condition of the alimony holder;
• disability documents;
• birth certificate and writ of execution
  for payment of alimony for another child.

The applicant may submit other documents
confirming the existence of grounds for reducing the amount of the benefit.

Before filing an application, the plaintiff must pay a state fee. Its size is regulated by the Tax Code and ranges from 400 rubles.

Details for sending funds can be found on the official website of the government agency where you plan to apply.

Applicants acting in the interests of a minor are exempt from paying the state fee.

Arbitrage practice

What does judicial practice show? The application is considered within a month from the date of submission. Both parties participate in the meeting, and they can either attend in person or send representatives.

Next, the participants in the process must provide evidence of their innocence. Based on them, the court makes a decision that will come into force only in a month. If one of the parties is not satisfied with the result, then it can file an appeal.

Judicial practice related to reducing the amount of alimony is quite wide.

At the same time, the decisions made by officials vary.

First of all, the law provides for the protection of the rights of a minor, which will be carefully checked. But situations often arise when a court decision makes it possible to reduce alimony payments.

The result is influenced by the presence of compelling reasons and evidence.

Sometimes the appearance of only one reason for reducing payments does not affect the court decision.

As practice shows, the judge considers all characteristics together. If the payer has a second child, then circumstances such as his state of health, needs, etc. are taken into account.

Conclusion

When an individual’s income changes, it is taken into account how much less they have become and whether there is a tendency for their financial situation to worsen.

The amount of alimony payments may change either upward or downward.

And if in the first case no problems arise for either party, then in the second case it may be necessary to go to court.

If you have an alimony agreement, it is enough to make changes to it and register them with a notary.

1. If the benefit was paid according to a writ of execution, then you will need to contact government authorities again.
2. The court decision depends on various factors, including how fully and legally competent the grounds for reducing payments are presented.
3. How to collect alimony from an unemployed person - read here.

Reducing the amount of alimony.

How can you reduce the amount of alimony?

Since the appointment of alimony, the situation may change, for example, a person changes jobs, his salary decreases, his health deteriorates, or a new child appears.

In these and other situations, the question arises of how to reduce alimony and thereby reduce the burden on the personal budget.

Below we will consider ways to resolve the issue peacefully by drawing up a new agreement, as well as by filing an application in court.

Read more about reducing the amount of alimony

As a rule, a reduction in payments is caused by a change in life situation. According to the law, the payer has the right to reduce payments if there are grounds specified in the RF IC (more on this below). The reason could be the birth of a second child, deteriorating health, disability, etc. The issue of reducing payments is resolved in two ways:

• settlement agreement and contract execution
• going to court

The nuances of alimony payments are stipulated in the RF IC (Articles 81, 83, 103, 119 and others), as well as other documents. Judicial practice and the decision of the Supreme Court of the Russian Federation are taken into account. At the preliminary stage, an attempt is made to resolve the issue peacefully, followed by recourse to the judicial authorities.

Free consultation with a lawyer on the amount of alimony>>

In what cases can alimony be reduced?

The RF IC provides for the possibility of reducing the amount of alimony if life circumstances change and it is impossible to fulfill obligations to the same extent. Here is a list of reasons why payments may be reduced:

1. A minor child is transferred to an orphanage or boarding school for education. In such circumstances, money is used to purchase personal belongings, books and other necessary items. The rest of the costs are borne by the state, so alimony in a fixed amount or percentage can be reduced.
2. Inflated profit margin. If the payer receives excessive income, he has the right to request a reduction in alimony payments. This is explained by the fact that the child is transferred too large an amount that exceeds his needs.
3. A sharp decrease in profits. It is advisable to ask for a review of payments if the payer’s income decreases. If payments are made as a percentage, there will be no difficulties. It’s another matter when funds are transferred in a fixed amount. In such circumstances, a person may request a reduction in alimony payments by agreement or through the court.
4. Errors in calculations. The reason for the decrease may be incorrect calculations, which it is advisable to correct. A common mistake is paying 25% of income for each child from different mothers. As a result, the man pays 50% of the income. But this is wrong, because according to the law, two people should share no more than 1/3 of the profit.
5. Receiving disability. In the event of loss of ability to work, a person legally has the right to demand a reduction in the amount of alimony payments. This is logical, because a person’s salary drops sharply or he has no permanent income at all.
6. Employment of a child at 16 years of age. If a minor gets a job and earns money, he may be recognized as an adult. In such circumstances, you can seek the cancellation of alimony payments as early as the next month from the date of the decision.
7. The appearance of other children. If the payer has a second child, he can go to court and ask him to reduce child support. The same situation is typical when the number of dependents increases.

From the above it is clear that the main reason for revising the amount of payments is a change in a person’s life circumstances. Often we are talking about a decrease in income or a complete loss of ability to work.

When it is not possible to reduce alimony

There are situations when it is impossible to reduce child support for the first child and subsequent children. This group includes the following situations:

1. The mother/father with whom the minor lives has sufficient wealth. Receiving a large salary does not provide grounds for reducing the amount of alimony, because both parents must support the child.
2. Receiving a pension. The presence of payments from the state does not give the right to reduce alimony in a fixed amount or as a percentage for the first and remaining children.
3. The minor owns the property. Having real estate at your disposal is not a reason to reduce alimony payments. The exception is cases when such an object makes a profit.

Each case is considered individually. At the same time, the court always protects the interests of the child, so it is not always possible to reduce the amount of alimony payments.

How to reduce your payments

Many payers get lost in bureaucratic requirements and do not know how to use their rights to review the amount of payments. In practice, in order to reduce alimony at the birth of a child or for any other reason, it is necessary to collect a minimum package of papers and make a decision on how to achieve the goals - through a peaceful agreement or through the court.

What you need

To reduce the amount of alimony and minimize the amount of payments, it is important to prepare for the process in advance and complete the preliminary steps.

Required documents

Regardless of how the issue is resolved, it is important to prepare a package of documents. It includes:

• internal passport (copy)
• marriage or divorce certificate (copy)
• documents confirming the birth of a child
• documentation confirming the current financial situation and its deterioration
• certificate of receipt of a disability group (if available)
• document from place of residence, extract from house register
• payment receipt
• other documents

When defending your rights in court, you must make copies of all documents equal to the number of participants in the proceedings. Most often, three options are enough (for the defendant, the applicant and the court).

Step by Step Actions

If you want to reduce alimony for a child from your first marriage or in other cases, it is important to organize your actions correctly. The algorithm is as follows:

1. Determine the optimal amount for payments taking into account the current situation.
2. Prepare the above package of documents.
3. Try to resolve the issue peacefully. When a child is born, try to reduce child support by reaching an agreement with the child's mother.
4. Conclude an additional agreement if there are no obstacles from each of the participants. The main condition is that the legal rights of the child are respected.
5. File a lawsuit if it is impossible to resolve the issue amicably.
6. Come to meetings according to the established schedule.

At the final stage, all that remains is to pick up and execute the decision of the judicial authority. If you disagree, you can file an appeal.

Possible problems and nuances

Sometimes it is not possible to reduce the amount of payments and reduce child support for a second or other child. The reason is the court's refusal to satisfy the claim. The reason may be insufficiently compelling reasons. For example, a reduction is impossible when the payer takes out a loan, the child has real estate, and in other cases stipulated by law.

Reduction by agreement of the parties

The best way to reduce alimony is to reach an agreement with the other party and show them evidence why the payment should be reduced. Based on the results of the discussions, an agreement is drawn up indicating the revised points of the agreement. The general algorithm is:

• preparation of amendments to the contract
• coordination and amendments to the agreement
• notarization
• following established rules

If one of the parties does not fulfill its obligations, the issue will have to be resolved in court.

If you wish, you can not rewrite the current agreement, but draw up an addition with subsequent certification by a notary authority. There are no strict deadlines for drawing up an agreement.

The main thing is that the delays suit both parties. The contract can specify the calculation of the penalty for alimony, as well as other consequences of non-payment.

To make changes to the contract you must pay 250 rubles. fees and pay a fee for notary services. The total costs usually depend on the second aspect.

Reducing alimony through the court and judicial practice

If it was not possible to resolve the issue of reducing payments for children through peaceful means, you can reduce alimony for the second child or other children through the court. In both situations, the procedure will be identical:

1. Decide on the requirements for the other side.
2. Draw up a claim in the prescribed form and sample.
3. Submit your application to the court.
4. Wait for the court hearing.
5. Participate in the consideration of the case (appear in person or involve a representative).
6. Get a court decision.
7. Wait for the decision to take effect.

Then all that remains is to follow the court's decision. You can file a claim immediately if the need arises. The state duty is not charged if we are talking only about reducing payments. If the payer decides to fight the debt and reduce the alimony debt, he cannot do without paying a state fee.

At any stage, a settlement agreement can be drawn up. The document sets out the agreements of the parties, which are confirmed by signatures. The completed document must be provided to the court for review and certification. In the future, it will not be possible to challenge such a paper.

For a better understanding, here are a few nuances that come from judicial practice:

• the court always stands on the side of the child
• the addition of another dependent often does not lead to a reduction in the amount of payments (unless there are other reasons)
• To solve the problem, you need to present strong evidence indicating a decrease in financial capabilities
• It is possible to reduce alimony debt only in cases of serious financial difficulties
• the fact of the existence of a debt is not taken into account by the court when making a decision

Each case is considered individually, so there are no uniform approaches in judicial practice.

Answers on questions

A lot of information can be obtained from situations involving real people and the answers given by legal professionals. Here are a few situations:

1. After divorcing my wife, I married again. Another child has appeared in the new family. Is it possible to collect alimony for a second child if my new wife and I are married, and will it be possible to reduce alimony payments?

Is it possible. In this case, the minimum for two children will be 1/3 of the income. It turns out that each child will receive 1/6 of the income. To do this, the current wife must go to court.

1. Is it possible to reduce the amount of alimony if I work as an individual entrepreneur and officially receive 10,000 rubles per month. At the same time, in the application, the child’s mother indicated that my income is 30,000 rubles?

Read also: Giving a spouse a share of an apartment: tax during marriage

You can write any amount in the application, but the court proceeds from the real situation and makes calculations taking into account confirmed income. If it is 10,000 rubles, then you will need to pay 25% of the amount.

1. The husband lost his previous position and wants to reduce the amount of alimony. Is this possible? If the level of income changes downwards, a revision of alimony payments is also possible.

To get more accurate advice on your issue, it is better to contact a lawyer and explain to him the current situation. The specialist analyzes the problem and makes recommendations for further actions.

Conclusion

The law allows you to reduce the amount of alimony if your financial condition worsens. This is possible in two ways - by personal agreement peacefully or through court. In both cases, it is worth engaging a lawyer to avoid mistakes and increase the chance of a positive resolution of the issue in your favor.

How to reduce the amount of alimony in 2020 - in connection with the birth of a second child, in what cases is it possible

A parent who remains with children after a divorce is interested in receiving the maximum amount of child support. But such an indicator is not defined by Russian legislation.

On the one hand, legislation always protects the situation of minors. On the other hand, it limits alimony in order to preserve this source of income.

Important aspects

In case of divorce, children remain with their mothers, while the father undertakes to support the child financially.

Sometimes, during a divorce, parents find a common language and agree on payments voluntarily by mutual agreement.

Others prefer notary services, which allow them to avoid going to court and resolve the child’s financial issues with the help of a deed of gift or an agreement on monthly payments in an agreed amount.

Necessary concepts

To understand the topic of the article, it is necessary to understand the basics of the forms of alimony that are assigned:

Fixed amount A monthly payment amount that is predetermined. Percentage form A monthly payment amount that is a certain percentage and is taken from the salary of the obligated parent in favor of the child. This type is most often assigned by the court when the child’s parents cannot reach a consensus In the form of property One-time registration, which involves the transfer of real estate instead of monthly payments. This form is used by families who can resolve the issue of divorce without litigation. The court accepts a fixed or percentage form, and a notary can draw up a third form, alimony in the form of a deed of gift for property

Who can be the initiator

The initiator of the process is the payer; only he knows and can actually earn money and transfer it for maintenance.

This will be the basis for filing a claim, because When requesting a reduction in size, you must provide undeniable and very weighty arguments to obtain a court decision in your favor.

The legislative framework

RF IC, Article 81 speaks of a judicial process in which a collection process is prescribed if the child’s parents do not have alimony agreements, and the amount of payments can be increased or decreased, depending on the financial condition of the parties, as well as other significant circumstances.

According to Article 82, the court has the right to collect alimony from any income of the parent, both basic, additional, and from bonuses. The currency in which the income is received also does not matter.

Collection occurs on the basis of deduction of the required amount when transferring wages. Article 83 of this code talks about the possibility of collecting payments in a fixed form.

The amount of payments is determined by the court based on the family income, and the main goal is to provide the child with the same living conditions that he had before the parents’ divorce.

How to file a claim to reduce the amount of alimony

The application should be submitted to the magistrate's court, and you can receive an answer within a month. The application requires the following forms:

1. In the upper right corner is written the name of the court to which you are submitting the paper.
2. Your full name as the plaintiff, residential address.
3. Full name and address of the defendant, i.e. the party who receives alimony from you.
4. State duty. The amount is indicated and a receipt for payment is attached.
5. It is written in capital letters in the middle “statement of claim for reduction of alimony.”
6. The main part sets out the main idea that you want to convey to the court, i.e. On what grounds will he change his decision?
7. The reason is indicated from the words “circumstances”.
8. Proof. These are attached documents that will testify to the fact of a particular reason or situation.
9. The cost of the claim is the amount by which you are asking to reduce alimony in the total annual amount, as well as a new calculation.
10. Attached documents and their list.

The main reasons for reducing the amount

The main reason is a decrease in the payer’s income level or a lack of other earned funds for subsistence.

In what cases can the amount of alimony be reduced:

• receiving disability. If the payer became disabled after the amount of alimony was assigned, this circumstance can significantly affect a positive decision, because disabled people need additional care, which will cost more money than the payer needed before receiving disability. To take such a reason into account, the disability must be group 1 or 2, and the payer must have a document about the assigned group and provide it to the court;
• if the child is over 16 years old and has other sources of income other than alimony payments, works and can take care of himself independently. The work can be either for an employer or for an individual entrepreneur;
• having several obligations to pay alimony at the same time. This applies to those who have been divorced for at least the second time or have children from other mothers. Child support can go not only to children, but also to the maintenance of elderly parents or other dependents;
• child support for two children with different mothers. If the court considers the size, the child will be entitled to 25%, then both children will receive 50%, when the law indicates the required amount is 33%. This reason may reduce the size to that required by law;
• when the parent’s income and the established percentage are incomparable, because 25% of income would be a prohibitively high amount.

Minimum amount of alimony:

Types of employment of the payer Minimum amount of alimony Works permanently and officially For one child - 25% of income, for 2 - 33%, for 3 or more children - 50% Not employed, but receives state benefits For one child - 25% from income, for 2 children - 33%, for 3 or more children - 50% No work Calculated based on the minimum wage. In 2020, it is equal to 6,204 rubles, for 1 child – 1,551 rubles, for 2 – 2,068 rubles, for 3 or more – 3,102 rubles.

Procedure

Before filing a lawsuit, it is recommended to warn the other party and talk about the current situation.

The amount of alimony can be established only in two ways - by concluding an agreement and in the presence of a court decision.

Changes to the required documents can be made in the same order in which such acts are concluded.

So on the basis of Art. 101 of the RF IC, changes can be made to the agreement by agreement of the parties by certifying the new conditions by a notary, and to a court decision by filing a claim in accordance with Art. 119 SK.

By agreement of the parties

A decision by agreement of the parties is a solution to a material problem between themselves, without going to court. The alimony agreement can be downloaded here.

Reducing alimony is a completely accessible process and you can sue if this is not agreed upon.

Through the court

After filing the application, the court will consider the claim and issue a decision according to which alimony may be reduced by the requested amount or another, or it may be that the decision will remain unchanged.

The statement of claim to the court to reduce the amount of alimony payments can be downloaded here.

List of required documents

The application that is submitted to the court can be said to be the final documents, when all the others have already been collected and can be submitted to the court. The main documents will be the following:

1. Certificate of marriage or divorce, submitted copies certified by a notary;
2. Birth certificate of children, according to the same principle;
3. Income certificate indicating the changes.

Additional documents will be the following:

• a writ of execution or court order, in which alimony is collected for other children, in addition to the child whose alimony is currently being considered;
• your child support agreement;
• a certificate of disability, if this situation is the main reason for your request;
• other documents that may contribute to a court decision in your favor.

Process Features

First, attention is drawn to the form of alimony payment, that is, whether alimony is paid in a fixed amount or as a percentage of income.

The form of alimony in this case does not change. When calculating alimony, the court takes into account the following data:

• income of the alimony payer;
• the amount of alimony is applicable to the current income of the alimony payer;
• the number of persons in respect of whom the person has a maintenance obligation, except for alimony recipients;
• data that is accepted for calculation based on the grounds that served as the reason for reducing the amount of alimony.

The appearance of a second child

With the birth of a second child, a new subject appears, which requires additional monthly expenses.

In this regard, the court is forced to reduce the amount of the first and balance the amount of income received between the children and the payer fairly.

Ex-wife

This happens when a husband and wife get a divorce, and then it turns out that she was pregnant and is carrying a child.

This condition allows you to demand child support for yourself before and after childbirth, until the child turns three years old.

If the child is a disabled person of group 1, then the wife can receive alimony for her entire life.

If a divorced woman becomes unable to work within 1 year from the date of divorce or earlier, then she has the right to demand alimony for herself.

Unemployed

When the payer loses his job, when the income changes, but according to the Family Code, Article 80, a minor child is obliged to be provided for by his parents, regardless of whether they have a job.

If the payer stops paying, the debt will accumulate, after which forced collection is possible.

When considering such a case and fact, the payer will be assigned a fixed amount, and not a percentage of wages.

In what situations will it be prohibited to reduce the amount?

The amount of alimony cannot be revised in the following situations:

• assigning a disability benefit to a child;
• the mother's marriage to a man who has a higher income than his own father. The new husband should not support someone else's child;
• inheriting property that brings profit.

• In any case, the father will have to support his children until the age of 18, with the exception of their full-time employment and income.
• Determining the largest amount of alimony depends on the integrity of the payer and the amount of his salary.
• The best way to establish an acceptable payment is to reach mutual agreement.
• Video: reducing the amount of alimony. Advice from a lawyer

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.