Petition to reduce alimony. Both parties are invited to participate in the meeting

Legislatures Russian Federation provided for the possibility of reducing the amounts collected from citizens who pay alimony. It's about about Article 81 of the Family Code. According to this document, the court, having accepted for consideration financial situation face, as well as a number of other factors, may take positive decision. To complete this procedure, you must correctly draw up a statement of claim. This claim to reduce the amount of payments is considered within a month from the date of filing. Final decision the plaintiff will find out at the end of this time period.

The Russian Civil Procedure Code contains two articles that will be required to draw up an application. We are talking about articles and the Code of Civil Procedure. Based on the information reflected in these acts, it is necessary to draw up a document, which will subsequently be submitted to the court.

Download the application form for reducing the amount of alimony, sample 2019:

A statement of claim intended to reduce monthly alimony payments must contain the following points:

• the name of the court where the citizen applies with this document;
• Full name of the plaintiff and defendant (data needed for processing information);
• a detailed story about the current situation regarding alimony;
• a description of the situation is required, which confirms the impossibility of making payments in in full(the reason for the decrease in salary);
• substantiation of the party’s requirements (presence of dependents, low income);
• documentary evidence that confirms the current situation;
• full list of attached documentation.

Another important point– the cost of the claim with calculation. This indicator reflects the amount by which the annual volume will decrease cash payments in favor of the child. Copies of the application must be attached to the document folder. Their number must be at least two (possibly more). On our website you can download a sample application for alimony reduction.

Article 331 Tax Code provides for payment state duty. The amount ranges from 400 rubles and more. Having transferred the money, you must attach a copy of the payment to the documentation that relates to the evidence in the case.

Reasons for refusal and return of the document

The statement of claim may be returned to the alimony claimant. The reasons for the refusal are set out in Art. and Civil procedural code RF. Returning a document does not prevent its subsequent resubmission. Return of the application, which is carried out in accordance with by judicial determination, carried out within five days.

Among the main reasons for returning:

• document submission incapacitated person which cannot carry out legal actions on its own;
• the application was submitted by an outsider, legitimate interests which are not violated;
• the claim was filed earlier, as evidenced by the positive decision of the court session;
• the request was sent to the wrong person court or the document was signed by a person who does not have the right to sign;
• the plaintiff completed and submitted an application for return statement of claim, that is, he himself demanded the return of the document before the start of legal proceedings;
• the court has already begun to consider the case (submission of a duplicate document is prohibited).

Verifying the basis for returning the statement of claim is the job of the judge. To avoid temporary losses, before submitting documents for consideration, the plaintiff must carefully check his claim for compliance with the requirements established by legislative level. In this case, you will be able to avoid many mistakes.

Useful video: reducing alimony (Article 119 of the RF IC)

Filing an application to the court to reduce alimony

The Magistrate's Court is a structure that has the right to consider cases related to the reduction of cash assistance provided to a minor child. The entire package of documents, including the statement of claim, is submitted to the judge. Another requirement is payment of state duty.

Not only the plaintiff himself has the right to file an application in court. According to current legislation You can issue a power of attorney for a representative. All information about this citizen (full name, place of registration and residence and other data) must be reflected in the transferred documents.

Consideration of the case

One month from the date of acceptance of the application from the alimony claimant is the period for consideration of the civil case by the court. This rule is established in the Code of Civil Procedure in Article 154. Both parties (defendant and plaintiff) participate in the meeting. Moreover, these persons can be present either themselves or appoint executors (representatives in court). The need to change the amount of alimony must be proven using special base, which the defendant collected before the meeting.

You can address the judge like this: “Dear Court.” When a judge enters the room where the case will be heard, you must stand up, and the same must be done when a representative of the government leaves the room. You cannot address a judge by his first name or patronymic. During the hearing, silence should be maintained, order should be maintained, and the defendant or his representative should not be disturbed from speaking.

Violation established rules leads to the removal of the citizen from the hall. Failures of one of the parties identified during the proceedings may lead to the postponement of the case. A citizen who violates the requirements will not be allowed into the hall in the future.

Making a verdict

The trial is taking place on standard scheme. The judge interrogates each of the parties participating in the hearing, examines the statement of claim, evidence and documents presented by the defendant and plaintiff. He listens to the participants in the case who express objections and arguments in their defense. After completing these procedures, the judge stands up and goes to the deliberation room. After a certain time, he returns to announce the decision made, which enters into legal force later month period.

Possible ways of appeal

To appeal the decision of the magistrate's court - this opportunity is available to the plaintiff who filed a statement of claim and made demands for a reduction in alimony. If the judge ruled negative conclusion, then he has the right to take advantage of this chance. The decision is appealed to a higher judicial authority. This is about district court. The procedure goes like this: the plaintiff sends an appeal to the magistrate's court. This office reviews the submitted package of documents. After verification, the case is sent to the appropriate district office.

Conclusion

It is imperative to defend your rights, even if it concerns alimony, which is intended for maintenance minor child. If the conditions noted in our article are met, a reduction in cash assistance is possible. The basic rule is to have a written current requirements statement of claim, provision of documentation and real evidence that will help you win the trial. If the judge’s decision is in favor of the person receiving alimony, then you can appeal it by appealing to higher courts.

In accordance with part 2 of Art. 81 of the Family Code (Family Code), the court may, taking into account the material well-being of the parties, as well as other important factors. If you want to reduce it, you need to prepare and submit it to the magistrate's court. Within a month said statement will be considered by the court, which will make a decision on it.

Application requirements

In order for the prepared document to be accepted by the magistrate court for consideration, it must meet a number of requirements established (Code of Civil Procedure).

Statement of claim for reduction of alimony paid must contain:

• name of the court, to which the plaintiff (the person submitting the specified document) applies;
• FULL NAME. and place of residence of the person submitting the application ( plaintiff);
• FULL NAME. defendant(person receiving alimony);
• a description of the current situation regarding alimony and an indication that the current amount is too burdensome due to difficult financial and/or marital status the plaintiff and violates his legitimate interests;
• circumstances, on which the plaintiff’s claims are based: low level income, presence of dependents, etc.;
• proof confirming the stated circumstances - certificates of income, family composition and other documents;
• claim price- this is the amount by which the annual amount of alimony will be reduced, and its calculation;
• scroll attached documents.

In the list of submitted documents V mandatory includes a copy of the payment document established by the state duties (according to Article 333.19 of the Tax Code, its amount ranges from 400 rubles and above, depending on the price of the claim), as well as originals or certified copies of documents that are evidence in the case.

Also attached here copies of the application, the number of which must be equal to the number of persons participating in the case, that is at least two.

Refusal and return of application

• lawsuit filed by an outsider , whose legitimate interests are not violated;
• similar request already submitted before and there is a court decision that has entered into legal force.

According to Art. 135 Civil Procedure Code accepted application will returned to the plaintiff in the following cases:

• the application was submitted to a court that is not authorized to consider this category of cases;
• the plaintiff is an incompetent person;
• the claim was signed by a person who does not have the right to do so or does not have a signature at all;
• The plaintiff wrote an application for the return of the statement of claim.

Filing an application to court to reduce alimony

The court authorized to consider cases related to reducing the amount of alimony is magistrate's Court. After paying the state fee, the prepared claim, together with the attached documents, is submitted to the magistrate at the place where alimony is paid.

Not only the plaintiff himself, but also his representative has the right to file a claim in court. Information about him (full name and place of residence) should be reflected in the submitted document and a copy of the power of attorney of this person should be attached to it.

Consideration of the application

In accordance with Article 154 of the Code of Civil Procedure, the magistrate court considers the received civil case before the end of 1 month from the date of acceptance of the relevant application. Both parties are invited to participate in the hearing - the plaintiff and the defendant. They have the right to participate in the consideration of the case both independently and through representatives hired by them.

• Answer a few simple questions and receive a selection of site materials for your occasion ↙

What's your gender

Select your gender.

Making a decision on the application

During the trial, the court will interrogate both parties to the process, study the evidence presented and listen to objections and remarks from the participants in the civil case. After this, the judge will retire to the deliberation room, upon returning from which he will announce operative part the decision he made. It will come into force only a month later from the moment of its announcement.

Appealing a decision

If the magistrate’s court refuses the plaintiff’s request to reduce the amount of alimony, this decision may be appealed to a higher court by way of appeal. IN in this case this will be the district court.

Appeal within a month submitted to the magistrate's court, which heard the case. He, in turn, will send it to the appropriate district court.

The article describes in detail not only how to draw up a statement of claim to reduce the amount of alimony, but also where and who can file it, as well as the necessary conditions for the court to accept it for proceedings. And what is equally important, you will find out in what cases the court is most likely to accommodate the plaintiff and reduce the amount of alimony.

In most cases, judges make decisions on claims (claims) for the collection of alimony without taking into account the opinion and well-being of the party who, according to the court decision, will have to pay them. That's why interested parties, it is important to know that if the defendant does not have the ability to pay the established amount for child support or for some other reason he considers the interest collected from him to be unreasonable, then he has the right in accordance with Part 2 of Art. 81 IC RF ( Family Code Russian Federation) submit an application to the magistrate court for a reduction in alimony.

Decide to downsize material resources, paid for the maintenance of a person, can only be done by the court at the request of the interested party.

It is possible to achieve a reduction in the amount of amounts paid only in cases in which the indicated circumstances that served as the basis for filing a claim can really be considered serious.

It is important to know that changes in the amount of payment previously established by a court decision are not allowed only on the basis of an agreement between two interested parties, without other valid reasons.

IN judicial practice There are a number of most common cases when an application to reduce the amount of alimony is decided in favor of the plaintiff. These include:

• the birth of a child to the alimony provider or the presence of another child, information about the maintenance of which was not taken into account when making a determination on the recovery of amounts for the maintenance of a minor;
• the onset of incapacity for work by the person making the payments;
• a person’s large income, namely in cases where deductions for payments significantly exceed the amount necessary to support the child;
• the implementation of activities by the person to whom the funds are paid that bring him material income in a sufficient amount for decent living or having property, as well as generating income.

An organization or organization is given as a gift to a minor child from any person. trade company carrying out activities that generate significant income.

It is interesting to know that the person paying them should not hope to reduce the amount of alimony paid when taking on credit obligations or, for example, if the person is renting housing under a rental agreement.

Requirements for a claim and who can file it

The claim is accepted by the magistrate court for proceedings only if all necessary requirements to file such a claim. That is, when indicating in it all necessary information, as well as with full availability of documents confirming the validity of the application claim about reducing alimony.

In addition, when filing a claim and necessary documents, you need to attach a document confirming payment of the state duty. Failure to pay the fee is the reason for refusal to accept the claim.

As of 2017 minimum size The amount of the state duty in cases considering issues of reducing the amounts paid for the maintenance of someone is 400 rubles.

A claim can be sent to a judicial authority not only by the person himself, who is obliged by a court decision to support a minor, but also by his representative. But a representative can carry out these actions only if he has properly executed documents confirming the granting of this right to him, as a rule, this is a notarized power of attorney.

For example:

The plaintiff's representative can submit a statement of claim only on the basis of a notarized power of attorney.

What should a statement of claim to reduce the amount of alimony contain? Sample filling

A claim with a request to reduce the amount paid for the maintenance of a person is accepted for proceedings if all filing requirements regulated by Art. Art. 131–132 Code of Civil Procedure of the Russian Federation (Civil Procedure Code).

An application for reduction of alimony, a sample of how to fill it out, can be taken from the magistrate’s court, viewed below or downloaded from the Internet.

An application for alimony reduction must necessarily contain: the following details and information:

• Name judicial authority where the claim is sent;
• Full name, place of registration and residence of the person filing the claim (plaintiff);
• Full name of the person in whose favor the amount for child support is paid (defendant);

the circumstances under which the plaintiff believes that the amount for child support should be reduced (difficult financial, family situations and (or) other reasons) are indicated;

• there must be evidence confirming that the claim is justified, that is, documentary or other evidence of the circumstances;
• the amount by which the annual amount paid for child support is expected to be reduced, its reasonable calculation.

Attention, a list of attached documents must be indicated at the end.

A statement of claim to reduce the amount of alimony (sample filling) looks something like this:

This sample statement of claim to reduce the amount of alimony will also help you draw up this document correctly.

List of main documents

In order for the magistrate to accept an application to reduce the amount of alimony, the following documents must be attached to it:

• at least 2 copies of the claim;
• birth certificates of children, marriages, divorces (copies) related to the essence of the issue under consideration (no need to attach, for example, a certificate of first marriage, from which there is no minor children and has no relation to the case);
• a court order requiring payments for the maintenance of a person;
• information about income;
• medical report on health status;
• if necessary, other documents are attached, such as an agreement with a lawyer, notarised power of attorney on providing interests of a person and others.

What decision can a judge make on a pending claim?

Attention, the magistrate, having received a statement of claim for a reduction in the amount of alimony, is not obliged in any case to accept the case for proceedings, and can either accept the case or refuse to accept it.

The judge may return the claim to the plaintiff not only if improper registration and not full list documents attached to it, but also in the following cases:

• the statement of claim is filed by a person whose interests are not affected;
• a similar claim has already been filed and a ruling has been made on it;
• the claim was filed in a court whose competence does not include consideration of this issue;
• The plaintiff filed another application, asking for the return of the claim.

These points are regulated by Art. Art. 134–135 Code of Civil Procedure of the Russian Federation

The procedure for considering a claim in court

The judge on the case accepted for proceedings makes a decision within the time period provided for in Art. 154 of the Code of Civil Procedure of the Russian Federation, that is, within 1 month from the date of acceptance of the claim by the judicial authority.

A meeting is then scheduled, stakeholders are notified and invited to attend. It is important to know that if the parties were properly notified and did not appear in court without good reason, the judge has the right to consider the case and make a decision without their participation.

The person himself can defend his rights directly, personally, or through a representative. At the same time, the presence in trial representative does not deprive the applicant of the right to also be present at the court hearing and defend his rights, provide evidence, etc.

Citizen N. does not have legal education and have never encountered similar questions. In addition, in terms of his qualities, he is a modest person, and in situations unfamiliar to him, he has the peculiarity of getting lost, in connection with which his ability to independently defend his legal rights. But his friend citizen G., on the contrary, often encounters judicial matters, and knows how to behave in court. Therefore, citizen N. asked citizen G. to attend the court hearing and provide him with legal assistance.

After which they arrived together at the court hearing at the appointed time, where they jointly defended citizen N.

At the same time, on what basis, free of charge or not, are of this kind services, the court does not care. The judge only needs to provide documentary confirmation, the fact that the person whose interests are affected in court gives another person the right to protect his interests.

How to behave in court

On the appointed day, persons to protect their interests or their representative must appear at the court hearing without delay. Otherwise, their opinion may not be taken into account or not fully taken into account when making a decision.

During the hearing, both parties have the right to submit various types of motions and statements, but only on the merits of the trial.

Evidence can be presented in court either prepared at the stage of writing the statement of claim, or new, not previously indicated anywhere.

The court hearing begins from the moment the judge enters the courtroom. At the same time, the secretary says: “Stand up, the trial is underway! and everyone in the room must stand up.

It is interesting that behavior in court can play an important role in making the final determination. This is, first of all, due to the fact that if a person does not listen to the judge, behave correctly, and, for example, interrupts other participants in the process, a decision will be made to remove this person from the courtroom, and therefore he will practically lose the opportunity to stand for your rights.

If a person has any questions or comments during the meeting, there is no need to interrupt anyone and shout out from their seats, at the end of hearing everyone, the court will give everyone the right to speak out again.

What decision can be made at the end of the consideration of the claim?

Having dried all the participants in the process and examined all the necessary evidence, the judge retires to a special room called the deliberation room. There he once again examines the evidence presented and makes a thoughtful, informed decision.

Returning from deliberation room, he will announce decision, which can be taken in three versions:

• the claim is fully satisfied, that is, the amount paid for the maintenance of a minor is reduced by the amount declared by the plaintiff;
• the claim is refused, this is the case when the person’s demand is unfounded or he has not provided required quantity evidence;
• the applicant is completely exempt from paying maintenance amounts if this was stated in the claim and it is truly justified and will not cause damage to the person to whom the maintenance was paid.

In any case, when making a final verdict, the court proceeds solely from the interests of the person to whom the maintenance amounts are paid.

The ruling made in the case under consideration comes into force after 1 month from the date of issuance.

Who can appeal court decisions and how to do it

It is important to know that the interested parties, usually the plaintiff and the defendant, in case of disagreement with the ruling made, have every right for appeal.

The determination can be appealed to higher authority. In this case, the appeal procedure involves filing appeal to the magistrate's court, where the decision was made, and it is obliged to redirect it to a higher authority, in this case, the so-called district (federal) court.

An appeal is filed within 1 month, that is, before the decision enters into legal force.

Contact us for a consultation

Download a sample application:

The family legislation of the Russian Federation provides for the possibility of reducing the amount of alimony previously assigned to meet the needs of the child.

A statement of claim to reduce the amount of alimony is granted exclusively through the court. Indeed, to reduce the amount of alimony, the court needs very good reasons.

Required documents for the claim

As already mentioned, the claim must be accompanied by documents justifying the possibility. These documents in different cases may be:

• A copy of the payer's passport.
• Copies (certified by a notary) of marriage and divorce certificates.
• Copies (certified by a notary) of the birth certificate of the child or all children of the payer (if there are several of them).
• Certificate of recent income in Form 2 of personal income tax (for the last six months).
• Documents confirming the incapacity of the alimony provider.
• Certificate of family composition.
• Certificates from the clinic about the incapacity of the parents.
• A court ruling on the need to pay child support for other children.
• A receipt or check for payment of the state duty (according to Article 333.19 of the Tax Code, its amount ranges from 400 rubles and more, depending on the price of the claim).

Trial in court

The claim will be considered in in a planned manner, if it is drawn up legally and the attached documents satisfy the court officials.

The meeting will be scheduled no earlier than one month after its submission.

The court secretary will inform the plaintiff about the place and time of the court hearing by phone or writing(by mail with notification).

Recommended following the meeting judgment becomes the basis for reducing the amount of alimony or refusing it. If the amounts decrease, this will happen only from the moment the decision of the World Court comes into force.

In case of refusal to satisfy the claim, the plaintiff has the right to file an appeal. Child support payments are awarded to parents who do not live together with their children. Required alimony payments to support a child - buying clothes, shoes, food, providing education, and so on. Further in the article it will be indicated what amounts Money

The father is obliged to pay for children from different marriages.

The principle of calculating alimony for children from different marriages In accordance with Russian legislation , all children born in official marriage or in civil, has the right to receive alimony payments

from their fathers. Also, according to the law, payments are collected from the father’s income either voluntarily or compulsorily.

• The income is:
• wage;
• bonuses and salary increases;
• vacation pay;
• fees;
• pensions;

other sources of income in accordance with this legislation. In some cases, fathers pay alimony in a fixed amount. monetary amount

• , provided that he: No permanent place
• work;
• has an unstable income;
• there is unofficial work;