Solutions to reduce the amount of alimony. Possibilities of reducing the amount of alimony: judicial practice

Alimony may be reduced- it is a fact. All payers hope for this, and all alimony recipients fear this. To reduce the amount of alimony, serious reasons are needed. The interested party must collect everything Required documents, draw up an impeccable document, and achieve the initiation of a case to change the amount of alimony. You can often encounter problems such as delaying the case, lack of evidence to justify the need to reduce alimony payments. It is often difficult for the judiciary to make a fair decision.

The main regulatory legal acts regulating alimony obligations, as well as establishing the amount of alimony, are:

1. Family Code of the Russian Federation(abbreviated as RF IC) dated December 29, 1995 – Law No. 223-FZ. This is the basic law in Russia that regulates relations regarding the payment of alimony. In particular, the following articles can be noted: Art. 81. (about the amount of alimony for minor children V judicial procedure), Art. 83. (on the collection of alimony in a fixed amount), Art. 103 (on the amount of alimony, the withholding of which is made under an alimony agreement).
2. Federal Law “On enforcement proceedings» dated 02.10.2007 – Law No. 229-FZ. In this law, in particular in Art. 99 installed size limit deductions from wages and other income of the debtor.

Let's consider possible situations, which may lead to a reduction in the amount of alimony, directly or indirectly provided for in the data regulations, as well as in the judicial practice of Russian courts.

Grounds for reducing alimony

1. (a person obligated to pay alimony must be recognized as a disabled person of group 1 or 2, in need of outside care, and, therefore, in additional expenses for his maintenance).
2. Employment of a child who has reached the age of 16 as a child for whom child support is paid, labor activity, entrepreneurial activity, the income from which partially or completely meets his needs. The child’s income-producing property (stocks, rented apartment, etc.) may also be taken into account. As a rule, in order for alimony to be reduced by this basis, it is necessary that there are other accompanying circumstances. This may be a difficult financial situation for the payer, when paying alimony significantly undermines his budget, while the child can provide for himself.
3. Whether the payer has other dependents or persons to whom he is obliged to pay alimony(other minor children, disabled parents who, due to the payment of alimony by the payer, do not receive the funds due to them by law, or receive them in an amount less than the child for whose maintenance the alimony is paid).
4. Collection from the payer of alimony for the maintenance of children from two different mothers. As a rule, in such cases, each child has the right to receive 25% of the parent’s earnings (total 50% for two children), while the Family Code stipulates that the amount for the maintenance of two children should not exceed 33%.
5. The alimony payer has an extremely high income. It happens that a parent has such a high income that 25% for one child, for example, becomes too much to meet his daily needs.
6. A significant decrease in the income of the alimony payer.
7. The child for whom alimony is being collected is fully provided for by the state (raised in orphanage or at a boarding school). Payment of alimony in such cases is made in order to ensure the maintenance of the child in the family during the holidays or to enable the child to purchase necessary and useful things, books, etc.

Inadmissible grounds for reducing the amount of alimony, that is, to reduce the amount, are the following:

• high income of the parent raising the child;
• the child owns property that does not generate income;
• the child has a pension.

How to reduce the amount of alimony

In order to document a reduction in alimony, you must do the following:

1. If there is an agreement on the payment of alimony, it can be changed by agreeing with opposite side and having the new agreement certified by a notary. Let's say right away that this happens extremely rarely.
2. When assigning alimony by the court, change set size Only the judiciary can. You'll have to contact court to review the amount of alimony by filing. IN trial All reasons for reducing payments will be clarified. The plaintiff will have to prove each basis he relies on to reduce alimony.

If alimony was initially established by the court in the form of shares of earnings, then the reduced amount should also be established in shares. The same applies to payment. Remember that when calculating the amount of alimony, the income of other persons supporting the child (the second parent, members of the child’s new family, etc.) should not be taken into account. Only the income of the alimony payer is taken into account.

Documents required to reduce the amount of alimony

1. A notarized copy of the marriage certificate, divorce certificate.
2. A notarized copy of the birth certificate of a child under 18 years of age.
3. Documents that confirm a change in the family or financial situation of the payer (that is, grounds for reducing payments):
   • Notarized copy writ of execution on the collection of alimony for other children;
   • Notarized copy court order about withholding child support for other children;
   • A notarized copy of the agreement on payment of alimony for minor children;
   • A notarized copy of the alimony payment agreement;
   • Other documents.
4. Original certificate 2-NDFL for the last six months.
5. An extract from the house register, a copy of the financial personal account at the place of residence (from the EIRC).

In accordance with the legislation of the Russian Federation, the established amount of alimony payments can be changed, but a complete refusal of the parent to provide for the child is excluded. Performance monetary obligations for child support and calculation of the amount of alimony is regulated by the Family Code and Federal law"On enforcement proceedings."

It is possible to pay less, but this requires compelling reasons, and the amount monetary support determined by the magistrate. Read about how to reduce the amount of alimony to a minimum and what documents are required for this.

Reasons for reducing alimony

A reduction in the established amount of alimony is possible only for reasons provided for by the legal acts of the Russian Federation. As shown legal practice, some of the petitions are based on the everyday judgment of the applicants, but are not legally justified. Before contacting the court, the parent should analyze the existing circumstances to reduce the approved amount of child support.

The Family Code does not indicate all situations that are grounds for reducing the amount of alimony. The applicant is advised to consider the most common reasons from judicial practice that allow him to pay a lower amount.

For example, filing a claim because of the high income of your ex-wife will not be successful. Whereas a reduction in alimony due to receipt of disability status or deterioration of the applicant’s health condition is often taken into account by justices of the peace.

Under any circumstances stated reasons must be documented.

What is considered reasonable cause?

Not every request of the payer is satisfied by the judicial authority. As practice shows, judges take the applicant’s side only when the alimony obligations are large and there are compelling reasons for reducing them. Factors contributing to a decrease in the amount of money ex-wife, there are material or family character, as well as related to the health of the payer. The grounds for reducing alimony are presented in the table.

What will the court not consider a serious argument?

Before filing a petition to reduce the established amount of child support, the parent should familiarize itself with the list of factors that will not in any way affect a satisfactory decision by the court.

The amount of alimony paid cannot be reduced by following cases:

The situation with child support for several children

Is it possible to reduce child support payments to a parent who has several children? By law, all children of the payer are entitled to the same percentage of alimony. Therefore, when a second child appears, the amount of money for the first son or daughter will be reduced.

In addition, the size cash assistance may also be reduced if other dependents of the payer are appointed, for example, parents of retirement age.

In accordance with the RF IC, established following sizes alimony payments (share of earnings):

• 1/4 – for 1 child;
• 1/3 – for 2 children;
• 1/2 – for 3 or more children.

That is, if a parent has 3 or more children, 50% of all his income is distributed equally among the children. Thus, the birth of a fourth baby will reduce the proportion of children by 12.5%, the birth of a fifth – by 10%, etc. Often a parent has child support obligations for one child from previous marriage and several children with whom he lives - in this case, the share of alimony for the first-born may be reduced. However, to do this, the father must show executive document about claiming child support for other children.

Options for reducing the amount of alimony

Reducing the amount of alimony payments is made in two ways - by concluding a peace agreement or by a court decision. At the same time, to change the amount of alimony downward by signing voluntary transaction Only a few agree. As practice shows, the decision to cut financial assistance to a child often occurs through legal proceedings.

Common factors for voluntary or involuntary reduction of alimony include:

• documentary evidence of a small salary;
• assignment of payments in a fixed amount of money;
• reduction in payer's income;
• payment of alimony to children with whom the father lives together;
• the amount to support the child is many times higher than his needs.

If there is an agreement to pay alimony

IN in rare cases the payer manages to persuade his ex-wife to enter into a deal indicating a smaller amount of money. Agreement with the new monthly amount alimony is concluded in the presence of a notary.

Alimony, calculated as a share of profit, is also reduced in shares, that is, from 1/4 to 1/5 or 1/6. As for the fixed value, the monetary amount itself changes. In this case, the established amount of alimony cannot be less than 12-16 percent of the parent’s income.

If there is a court order or decision

To change the amount of money, an application is submitted to the court describing the grounds and their documentary evidence. After the trial, the judge will make a decision to satisfy the claim or to the impossibility of reducing the established amount of alimony.

The final verdict is most influenced by the income of the payer. As in the case of a peace agreement, if previously the amount of alimony was determined in the form of shares, the current one will be determined in the same way. A similar situation with solid size payments.

Required documents

In order for the judge to make a decision in favor of the plaintiff, the latter should take a responsible approach to drawing up an application and collecting necessary documentation. This approach will also eliminate the possibility of the claim being returned by the court office.

List of required documents:

The plaintiff will also need to provide written evidence to substantiate the request for a reduction in the amount of financial assistance:

• medical certificate confirming the assignment of disability to the payer;
• birth certificates of other children;
• salary certificate from place of employment;
• documentary evidence of income received by the child;
• court decision to claim alimony in favor of elderly parents.

Sample statement of claim:

In accordance with civil procedure legislation, the plaintiff may present other documentation to the judicial authority. Any documents will do - certificates, bank statements, letters.

Procedure

Parent who wants to reduce the amount financial support for children, first of all he must evaluate how compelling his reasons are for this. A wise decision would be to consult with a professional lawyer.

Procedure for the applicant:

• collection of documentation;
• competent writing of an application with reasoned justification of the requirements;
• filing a claim by a parent or legal representative in court at the place of registration of the plaintiff;
• when considering a case in court, the parent confirms his arguments regarding the reduction of the amount material payments by presenting all available evidence;
• in case of issuance positive decision the plaintiff receives a new writ of execution.

What does judicial practice show?

Cases from judicial practice indicate that reducing previously assigned alimony is not as simple as it seems at first glance. Most often, claims are approved where monetary equivalent For the needs of a son or daughter, on the contrary, they ask for an increase. This is due to the fact that for the judge it is primarily important to respect the rights and interests of the child. However, material and family circumstances both parents also matter and are carefully scrutinized by the court.

The judicial authority also takes into account the preconditions that prompted the father or mother to file a petition to reduce alimony payments. Thus, claims for a reduction in the amount material support children are approved by the court only if they really good reasons and convincing evidence, and not the parent’s simple desire to pay less.

In general, the law does not indicate the grounds for reducing the amount of alimony for minor children, however, arbitrage practice developed such a list of reasons. A reduction in the amount of alimony is permitted under the following circumstances:

1. if the parent from whom alimony is being collected is a disabled person of the first or second group.

It is clear that a disabled person needs outside care and additional expenses for his maintenance. On this basis, the court may reduce the amount of alimony.

2. if the child for whom alimony is paid works and has sufficient earnings.

If the child has reached the age of 16 and has earnings or income from business activities that fully or substantially meet the needs of the child, then the court may reduce the amount of alimony.

However, to reduce the amount of alimony, one of the above grounds may not be enough, and it is desirable that other circumstances exist, for example, the parent paying alimony has small income, a large family and paying alimony burdens him family budget, while the child for whom he pays alimony practically provides for himself.

3. if the child for whom alimony is paid has income-generating property.

For example, a child inherited an apartment for rent, a bank account, shares, etc.

4. if in the payer’s family there are persons to whom he is legally obliged to provide maintenance.

For example, if the payer has other minor children (natural or adopted - stepdaughters and stepsons in in this case are not taken into account) and when collecting alimony in established by law size, these children would receive less money from this parent for their subsistence than the children for whom alimony is being collected. Or - if the payer has disabled parents.

So in January 2010, Anton Ch. came to me for a consultation. He worked in two places, his monthly income was approximately 60 thousand rubles. But Anton gave 30 rubles a month to the bank to pay off mortgage loan, taken to purchase a 2-room apartment (and he will have to pay this amount over 20 years).

In addition, Anton paid child support to his ex-wife in the amount of 25% of his income, which amounted to 15 thousand rubles. Anton also started a new family and had another son. As a result, it turned out that Anton was spinning like a squirrel in a wheel, working in two places, earning 60 thousand rubles, and for his family of three people there was only 15 thousand rubles left, and this in Novosibirsk, which is less than the level living wage.

And for a child from ex-wife, who also lives in Yurga, where the cost of living is naturally lower than in Novosibirsk, spent exactly the same amount.

We filed a claim with Anton to reduce the amount of alimony to the Yurginsky Magistrate Court, as a result of which the amount of alimony was reduced by almost 2 times, and amounted to 16.5%.

5. if the child for whom alimony is paid is fully supported by the state.

For example, a child is in an orphanage or boarding school. In this case, alimony is intended for purchasing useful things for the child, maintaining the family during the holidays, etc.

6. if alimony is already being collected from the payer for the maintenance of children from different mothers according to several court decisions.

For example, a father is awarded child support in the amount of 25% of earnings, but he already pays child support from a previous marriage and also in the amount of 25%. total amount This father's alimony for two children turned out to be not 33%, but 50%.

In this case, he can file a claim against the persons receiving alimony to reduce the amount of alimony. Claims must be filed at the place of residence of the alimony claimants, and each court must consider the case and reduce the amount of alimony so that the amount is 33%, as determined by law.

7. if the payer has an extremely high income.

For example, the alimony payer is engaged in entrepreneurial activity and 25% of his income more than covers all the reasonable needs of the child. In this case, the court also has the right to reduce the amount of alimony. However, a parent cannot be completely exempt from paying child support.

Instructions

If you have any difficulties and want to downsize alimony, but it is not possible to do this peacefully, then submit statement of claim to court with evidence base, on the basis of which you want to pay a smaller amount for maintenance. Size alimony may be reduced after a court decision.

Child support may be reduced if you have another child or children, since all children of one parent have the right to equal maintenance. If you pay 25% of your income for one child, and you have another child born another year, then the percentage alimony for one child will be reduced to 16.5%, since maintenance for two children is 33% of all income. If you have two children, the percentage of payments will be reduced in accordance with the equal maintenance of children based on 50% of income.

If you are a disabled person who requires assistance, according to a court decision, the amount alimony may be reduced.

Size alimony can be reduced if your income is too high and the amount of payments exceeds everything reasonable limits. But usually people with huge incomes do not file a claim for a reduction in the amount of maintenance.

According to the court decision the size alimony may be reduced if you support disabled family members.

Video on the topic

Sources:

• how not to reduce child support

Minimum size alimony is one quarter of permanent income, other income of parents. Specified amount determined family law for those parents who are responsible for supporting one child.

Alimony obligations parents in relation to their own children are regulated by Chapter 13 Family Code RF. It also establishes specific amounts of the corresponding payments, which are usually paid in shares in relation to the parents’ permanent income. The minimum amount of alimony for each depends on the number of children being raised in the family. So, the smallest share of own income parents will have to pay if there is one minor child, since in this case the amount of payments will be only one quarter of wages and other types of earnings taken into account when assigning alimony. If there are two children in the family, then the share of contributions will be one third, and if there are three or more children, half of the income.

Is it possible to reduce the amount of alimony?

The above-mentioned shares of the parents’ permanent earnings are only general rule, which may be changed when the case is considered in court. The judge, taking into account the specific circumstances of the case, can reduce or increase the percentage of earnings that will be paid as alimony. In addition, the court has the right to order payments in fixed amounts. However, in practice, court decisions most often enshrine the above-mentioned method of calculating periodic payments for the maintenance of one’s own children. A downward decision can only be made in cases where the parent has high income. In this case, even a quarter of the monthly salary will be a huge amount, so the court decision may fix a specific amount of payments.

Is it possible to establish the amount of alimony by agreement?

This chapter of the Family Code of the Russian Federation allows parents to enter into an agreement on the amount of alimony, which has priority over the amounts defined by law. But said agreement is usually concluded with the aim of increasing the level of financial security of children, so agreeing on a smaller amount of contributions than the share specified in the law is unlikely. If the agreement stipulates that the amount of child support is too low, the interested parent can appeal said contract judicially. In this case, the method of calculation and the amount of deductions in favor of children will be determined court decision, which is made taking into account all the circumstances and interests of each party.

The law provides grounds for reducing alimony. In practice, payers of funds often face problems such as lack of evidence, refusal due to insufficient justification of the proposed amounts, and more. How to correctly write an application to reduce the amount of alimony, an objection or a response, and where to file a claim, you will learn from this publication.

When is it permissible to reduce the amount of alimony?

The legal basis for the procedure is laid down in the following regulations:

• Article 81, 103 RF IC;
• Article 99 of Federal Law No. 229 on enforcement proceedings.

The list of reasons for reducing the amount of payments for dependent maintenance includes the following circumstances, established in judicial practice:

1. Recognition of a citizen as a disabled person of group I or II, care. There are expenses for medicines and, possibly, purchase special equipment for movement, to undergo a rehabilitation course.
2. Conclusion by a 16-year-old child who is a financial dependent of an employment contract or engaging in entrepreneurial activity that generates income exceeding alimony. Receipt of real estate, transport or other expensive property in itself is not a basis for reducing payments. As significant circumstance To reduce the amounts, it is considered to receive income from renting out an apartment or earning money on a car, for example, when renting a taxi. Dividends from ownership are also considered as a source securities. The court evaluates all the circumstances together and makes a decision to refuse or accept the claim.
3. Appearance in new family new dependents - children born in marriage, disabled spouse for health reasons or due to going on parental leave to care for a child under 3 years old. Also, establishing the need of elderly parents for additional funds at retirement age.
4. A significant increase in the parent's income to such an extent that the funds indicated in the share of earnings represent the amount on which the entire family can live. For example, a man earned 30 thousand rubles monthly. After receiving additional education and change of place of employment, payments for employment contract began to amount to 300 thousand rubles. When supporting one child, the amount is equal to 25% of earnings, that is, 75 thousand rubles. These funds far exceed the costs of training, clothing, purchasing equipment, school materials, etc. In this regard, the parent can apply to the court to reduce the amount of child support.
   A decrease in the alimony payer's income is possible due to layoffs, job changes, or transfers to a low-paid position, etc. The calculation takes into account that alimony payments must be at least the minimum subsistence level. Upon dismissal, deductions are made from unemployment benefits accrued by the Employment Center, where it is obliged to as soon as possible register as a debtor.

Payment alimony funds for two mothers or children from different marriages, which are terminated, at the same time. According to the norms, payment is made for one child in the amount of 25%, for two - up to 33%, for three and more - up to 50%. At the same time, the legislation on enforcement proceedings stipulates that overall size of all payments should not exceed 70%.

1. When making a decision, the courts on alimony to reduce the decision. Considering that the money is used to provide for dependents from different wives, the court will calculate the total amount of payments for each child and reduce alimony. As an example, we can cite a situation where a husband applied for a reduction in alimony, he had one child left from his first relationship, and in his second marriage he still has two minor children with his mother. According to court decisions, the first is paid 25%, the second is entitled to 33%. When submitting an application for a reduction in alimony, the total amount of payments due to three was taken into account in the amount of 50%. In total, each ward receives 50/3 = 16.66% of total earnings.

Reducing the amount of alimony due to deterioration financial situation quite possibly. Such cases include changes not in better side state of health, and, as a consequence, a change of job, the emergence in connection with this additional expenses on medical supplies, treatment, etc.

When a reduction in child support is not allowed

In the following cases, reduction of expenses for minors is not permitted:

• high level of income of the parent;
• receiving as a gift or inheritance valuable property dependent;
• pay state pension children.

How to apply for a reduction in alimony

Content resizing can be done in the following ways:

• by concluding a new agreement between the parents, which must be certified by a notary;
• applying to the court to amend a previously adopted and entered into force act regarding the reduction of alimony.

When submitting an application to judiciary The plaintiff is obliged to provide the institution with reliable evidence that serves as the basis for reducing alimony. Subject to revision:

• fixed amounts;
• the amount of the share of earnings due to each dependent.

The income of other persons who support the ward (the second parent, grandparents, other relatives) is not taken into account when calculating payments. Only the participant's earnings are taken into account family relations with whom the child does not live.

How to file a claim for alimony reduction

The document is drawn up within the framework of Article 119 of the RF IC and Articles 131-132 of the Code of Civil Procedure of the Russian Federation. It contains information:

• about the plaintiff and defendant, their full names and addresses, telephone numbers;
• about the minor in whose favor the funds are collected;
• about third parties involved in the process: , ex-spouses etc.;
• a court decision or agreement on alimony indicating the date of adoption of the act or conclusion;
• on the motivation for reducing alimony payments.

Documents to reduce alimony in duplicate are attached to the claim:

• copy notarial agreement in the presence of;
• marriage and divorce certificates;
• metrics for children under 18 years of age;
• papers confirming a change in financial situation: birth of children in another marriage, disability new wife or parents, dismissal, etc.;
• judgment or court order;
• a writ of execution and a certificate from the bailiff about the deductions made;
• Form 2-NDFL on income for the last 6 months;
• an extract from the house register about those registered in the living space;
• documents having legal force, about payments for dependents in another family, for example, for children from a second, dissolved union.

The defendant, who can be both the claimant and the debtor, has the right to file an objection to the reduction of alimony if the case is under the jurisdiction of the magistrate’s court. By filing the specified document the debt collection order is terminated. The period for provision is determined at 10 days from the date of production full text decision or receiving it in your hands. Otherwise, it is required to attach a document regarding the restoration of time in connection with the missed period good reasons. Among these are accepted:

• long-term hospital treatment;
• being on a business trip;
• moving to another area, etc.

The magistrate court considers the case in summary proceedings without summoning the parties, so the parties are not notified of the acceptance legal act. The debtor usually learns about the reduction in the amount of payments when he receives a decree from the bailiff, and the claimant becomes aware of this fact when he receives a smaller amount of alimony.

When a case is considered in full c, the defendant has the right to refuse to reduce alimony. The application may be filed during the preliminary or main proceedings before the decision is announced. The arguments are presented as in orally on record or in writing.

State duty to reduce alimony

The amount of the fee paid to the state is calculated on the basis of Article 333.19 of the Tax Code of the Russian Federation. The amount depends on the price of the claim, this is established by Article 91 of the Code of Civil Procedure of the Russian Federation. The main indicators are:

• period of 12 months;
• balance of payments after reduction.

In some cases, a party may be released or transfer funds for child support. The reasons may be severe financial situation, temporary lack of income, etc. Court expenses after the decision comes into force, they are assigned to the party that lost the process: the plaintiff or the defendant.

The applicants in such cases may be the mother or father of the child who makes alimony payments;

State duty to reduce alimony: judicial practice

A citizen pays 10 thousand rubles monthly. In connection with the transfer to a low-paid position, the debtor asks to reduce payments to 5 thousand rubles.

In total, 10,000*12=120,000 rubles are paid per year.

Decision to reduce alimony: sample

Also, the amount of payments for the second child is revised in connection with reaching the age of majority or the occurrence of other circumstances that exempt from alimony. The point is that when they occur, legal representatives children from other marriages may require an increase in the amount of payments, for example, per child to 25%, and not 16.5%, as was previously established. Such an application is usually submitted to the court by the claimant.