Filing an appeal against a court decision on alimony

Proceedings regarding the payment of alimony are carried out on an adversarial basis. The judge makes a decision based on the strength of the parties' arguments. If the issues of document preparation by the plaintiff have received a detailed description (you can find out about the rules for drawing up a claim here), then similar actions by the defendant are not analyzed in such detail.

Let's figure out how to file an objection to an appeal for alimony, in the event of filing a lawsuit, as well as when drawing up a court order.

Submission order

The objection must be submitted to the authority that made the original decision. Its employees accept the document and then forward it to the correct department in accordance with the jurisdiction.

You cannot make demands that were not in the original claim (Article 327.1 of the Code of Civil Procedure of the Russian Federation).

Expert opinion

Tikhonov Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

For example, the child’s mother made a request for alimony in the amount of the subsistence minimum, and the court granted it. The defendant filed an appeal to reduce the amount of payments.

The plaintiff was not satisfied with this, and he wrote an objection. However, it is no longer possible to state a different amount of alimony or demand payment of a penalty.

If circumstances have changed and the assigned alimony is no longer satisfactory to the claimant, it is necessary to file a new claim in the court of first instance.

Sample objection

An example of drawing up an objection to an appeal:

"_____" ______G. the court _________ made a decision on the claim for the recovery of alimony from __________ to __________ for the maintenance of the child (children) _________ (F.N.O.

and age). The plaintiff asked for _____________.

The defendant did not agree with this. As a result, the court made a decision (satisfy the claim in whole or in part, refuse to satisfy) and decided ____________

“_________” dated ________________ an appeal was received against the court decision. In it, __________ indicates that he (s) does not agree with the court decision _____________ (the disputed points are listed) and asks _________________.

I do not agree with these demands. I believe that the court took into account all relevant evidence and made a decision in accordance with the law. The arguments stated in the complaint were known to the court and taken into account when making a decision.

Based on the above and guided by Art._____ (the rules of law that are suitable for a specific situation are indicated)

1. Uphold the court's decision dated ________ in force and refuse to satisfy the appeal.

An objection to an appeal is a logical continuation of the protection of one’s rights and compliance with the principle of competition. Since not only the evidence is of great importance to the court, but also the parties’ argumentation of their position, such a step allows you to declare your disagreement with the arguments of the opposing party and refute them.

This is not necessary, but it increases the likelihood that the appeal will be rejected and the original decision upheld.

An objection to an appeal for alimony is a response by a participant in the trial against another participant in the process challenging the court decision.

Contents of the document

The objection is drawn up in free form according to the same rules as other applications to the court:

• in the “header” indicate the name and address of the court, as well as the applicant’s details: full name, address, contact telephone number;
• write the title of the document: “Objection to the appeal”;
• the contents indicate the date and name of the court that made the previous decision in the case, as well as the essence of the original claim. Next, they report on the fact of filing an appeal and the demands put forward by the dissatisfied party;
• then the applicant records his disagreement with the arguments presented in the appeal and argues his position. It must be emphasized that the court’s decision was made on the basis of evidence and in accordance with the law. Therefore, the attempts of the second party to appeal against it are baseless;
• a request is made to the court: to leave the court decision in force and the appeal without satisfaction;
• list the attached documents;
• put a date and signature at the bottom;

The objection is written in at least three copies: one remains with the applicant with a mark of acceptance, the second will be handed over to the other party for review, the third will remain in court and will be attached to the case.

If necessary, additional evidence supporting the applicant’s position is attached to the objection. If among them there are those that did not appear during the initial process, then the text of the document will need to justify their absence at the previous stage.

For example, the court refused to take them into account, or at the time of the hearing the plaintiff did not yet have them and was only able to obtain them now.

The court's decision

A positive decision by the court of first instance does not always guarantee a positive outcome of the entire case. After a court decision is made, the parties to the process and other persons specified in the Code of Civil Procedure of the Russian Federation have one month to appeal it in a higher court.

The law allows other persons whose rights were affected during the proceedings to express their disagreement with the arguments set out in the appeal. Such disagreement is expressed in the form of a written objection to the appeal.

Documents for appeal

If there is an appeal against a court decision, and not an order, then a complaint must be submitted to the court, which contains the following information:

• Name of the court that made the decision.
• Applicant information.
• The essence of the contested decision.
• An indication of those provisions of the decision that the applicant is challenging.
• Reasons for disagreement.
• Evidence that you are right (documents and a list of witnesses ready to confirm the applicant’s words).
• Requests to change or set aside certain parts of a court decision.

Both part of the decision and the decision itself can be challenged.

For example, if there are doubts about paternity, you can appeal the entire decision, since if the payer is not the father of the child, then he is not obliged to support him.

When preparing an objection, you must be guided by the following basic rules:

1. The objection should be filed in the court that made the original decision in the case. All documents will be sent to the court of appeal after the expiration of a month from the date of the decision;
2. The objection must be submitted in writing on paper;
3. The objection can be submitted directly to the court office, or sent by mail;
4. All arguments in the objection must be presented in the first person. It is recommended to use expressions such as: “I do not agree with the arguments set out in the complaint”, “I consider them unfounded”, “based on the above, I ask the court” and so on;
5. An objection may not be based on circumstances that were not stated during the initial consideration of the case;
6. The objection must be accompanied by copies of documents confirming the information specified in it, as well as copies of the objection itself for all persons participating in the process. Evidence that was not stated during the consideration of the case in the first instance cannot be attached to the objection. The exception is cases when the party filing the objections wanted to submit them to the court, but was unable to do so for reasons beyond its control. So, for example, if she filed a petition to include documentary evidence in the case, but the court unreasonably rejected it;
7. An objection can be filed not only regarding the applicant’s arguments, but also regarding his violation of the rules for filing an appeal, as well as failure to comply with other requirements of the legislation of the Russian Federation, in particular Section III of the Code of Civil Procedure of the Russian Federation.

The objection must contain the following information:

1. Information about the court to which it is filed - its name and address;
2. Information about the party expressing the objection - its full name, including surname and patronymic, residential address, contact numbers;
3. The title of the document is an objection to the appeal (indicating information about the appeal to which the objection is being filed);

Expert opinion

Tikhonov Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

After this, it is necessary to describe in detail exactly which arguments set out in the appeal the applicant does not agree with, as well as on what grounds.

In conclusion, a request should be made to the court - to leave the decision of the court of first instance in force and to refuse to satisfy the appeal. The text of the objection must contain a complete list of documents attached to it. The objection must be signed by the person - the party to the process who compiled it, or a representative of this person.

How can I appeal alimony in a fixed amount?

To appeal a court decision to assign alimony payments in a fixed amount of money, you need to file a corresponding statement of claim. This can be done by the party who disagrees with this decision. But there must be grounds for this, for example, the fact that unreliable and irrelevant information was previously provided in court.

In a claim, you can make a request to change the form and amount of payment. If, for example, the father hid his official place of work and recently got a new job, then the ex-wife may demand a percentage of the income in a new claim. Or the mother deliberately overestimated the level of expenses for the child, then the disagreeing father can file a counterclaim to change the amount of payments.

The legal grounds for assigning and changing financial assistance for children are stipulated in Art. 80— and art. 119 SK.

When can a fixed amount of alimony be revised?

A review of a court decision is possible if there is a statement of claim and new circumstances have changed or come to light. The new trial takes into account the financial, social and family status of each party. Be sure to take into account the needs and usual standard of living of an imperfect person.

If a similar application is submitted, with requirements and grounds on which a court of the same instance has already previously made a decision, then it may be refused.

Reasons for reducing payments:

• appearance of disability;
• reduction in income below the minimum;
• the emergence of new pupils and dependents;
• assignment of fixed alimony for children from other spouses;
• the recipient reaches 16 years of age and receives his/her own income;
• whether the minor has a stable income, for example a percentage of a deposit;
• the recipient switched to state support, namely, ended up in a shelter, orphanage.

Even if the defendant has grounds for reducing the amount, but the second parent of the guardian’s financial condition has worsened or difficult circumstances have arisen, there will be no reduction.

Reasons for increasing payments in a fixed amount:

• the emergence of new expenses for the child (treatment, education, rehabilitation);
• financial situation of the guardian;
• loss of ability to work (illness, disability);
• the appearance of dependents on the recipient's support;
• increase in the defendant’s income, the emergence of new sources of profit.

Grounds for reversing the decision:

• lack of proof of certain circumstances;
• incorrect interpretation of the legislative framework;
• use of outdated legislation;
• procedural violations;
• handling unreliable and false information.

Filing an appeal or cassation claim is the only way to challenge a previously rendered court decision. But under an alimony agreement, the amount of monetary contributions can be reduced by documenting the new text of the agreement, which is certified by a notary.

Deadlines for implementation and appeal of the decision

The law establishes a 30-day period for challenging a decision of the court of first instance. The countdown begins from the moment the decision is registered. During this period the resolution is not implemented. Art. speaks about this circumstance. 321 Code of Civil Procedure.

Claim requirements

Documents that have the force of a writ of execution, therefore, are binding - this is an agreement, a statement of claim. If the correctness of the first form is controlled by a notary, then the accuracy of the second form must be controlled by the plaintiff.

The statement of claim for cancellation of alimony must contain the following information:

• the correct name of the court to which it is sent (magistrate, city, district court);
• information about the plaintiff, including passport and registration information;
• reference to the contested decision;
• request to cancel the previous decision;
• grounds for cancellation (discovery of new information, failure to comply with procedural rules);
• legislative confirmation of the grounds, reference to an article of law, regulation;
• list of attached documents.

A new court decision may entail cancellation, modification of the previous decision, or the establishment of new requirements.

Grounds for filing an objection to the court

To express disagreement with the stated requirements for the collection of alimony (amount, payment procedure), compelling reasons, supported by documents, are required. Unfounded objections will not be taken into account by the court.

The grounds for filing an objection to the court regarding alimony obligations include:

• difficult financial situation of the payer;
• disability of the payer;
• whether the alimony payer has other dependents;
• whether the minor child for whom alimony is being sought has his own income;
• short duration of marriage, inappropriate behavior in the family, alcohol or drug abuse, commission of a crime (if we are talking about alimony obligations towards the spouse);
• the recipient of alimony is supported by the state or other persons (living in a nursing home, orphanage, boarding school, concluding a lifelong maintenance agreement);
• other circumstances.

All circumstances that the alimony payer refers to as grounds for filing an objection must be documented.

Changes in financial status and alimony

If living conditions worsen and income decreases, the payer can apply to the magistrates' court with an application to reduce the amount of alimony payments. Significant reasons may be:

• Temporary or permanent disability.
• Reduction or dismissal at work.
• Transfer to a lower paid position.
• Acquiring disability.
• Retirement.
• The appearance of additional expenses for the family, for example, the birth of a child.

If alimony is assigned as a share of income, and income has increased many times and, therefore, payments for the child began to exceed his real needs, you can also appeal for a reduction in the amount of these payments.

When considering a case, the following factors can significantly influence the judge’s decision:

• Proportionality of income of the payer and recipient. If the payer’s income is small and he can prove it, then the court will definitely take this into account. After all, if alimony is left unchanged, the payer simply will not be able to pay the obligations.
• Moral character of the parties. If the recipient, for example, abuses alcohol, then the court may have doubts that the payer’s money is used to support the child.
• Conduct of the parties before the trial. For example, if the payer previously evaded paying alimony, having a suitable level of income, but now decided to reduce the amount of payments, then the court is unlikely to meet him halfway.
• Obligations of the parties in relation to third parties. For example, if the debtor has children in his new family, he acquires obligations to support them.

Objection to a court order

Writ proceedings are a special, simplified procedure for obtaining a writ of execution on the payment of alimony. This executive document is called a court order and is issued within only 5 days from the moment the alimony recipient applies to the court.

So, timely (within 10 days) filing an objection to the court order leads to the cancellation of the court decision.

What to do if the 10-day period provided for filing an objection to the court order is missed? If the reason for absence is valid, you can apply to the court to restore the missed deadline, attaching documents confirming valid reasons. If the court refuses to restore the missed deadline (or the reasons for missing the deadline are unjustified), the court order can be appealed in cassation within 6 months (according to Part.

1 item 2 art.

377 Code of Civil Procedure of the Russian Federation).

How to file an objection to a claim for alimony?

The document is drawn up in free form, with mandatory adherence to the norms of official business style of presentation. It consists of the following parts:

1. "A cap"

• Information about the court to which the objection is addressed;
• Information about the applicant (full name, address);

1. The title of the document is “Objection to the claim for payment of alimony”;
2. Descriptive part

Then you should state your own position regarding the claims stated in the statement of claim. It is necessary to indicate the circumstances in connection with which the applicant objects to the claim, or the grounds in connection with which the claims, for example, the amount or procedure for alimony payments, should be rejected or not fully satisfied.

In support of these circumstances, the applicant must provide evidence to the court.

1. The operative part

In conclusion, it is necessary to succinctly state your own position on the claim with references to legislative acts regulating the disputed legal relations. Then - a request to the court.

1. Date of filing the objection

The document must be personally signed by the applicant or representative - if there is a document confirming representative powers.

1. Signature
2. List of documents

When filing an objection to a statement of claim, the state fee is not paid.

When the payment may remain the same or increase

In judicial practice, there are various reasons why applicants demanded a reduction in the amount of obligations. A number of them are unpromising.

• If a child receives a disability pension, it will not be considered income to reduce child support.
• Often apartments are registered for children. This fact alone is not enough to reduce alimony. You will need to prove regular profit from use.
• The difference between the parents' incomes will not affect the amount of obligations to the child.

In some situations, it is possible to increase alimony payments.

• If the calculation method changes from being based on the cost of living to collecting a share of income, then the monthly amount may increase.
• When considering a reduction, the other spouse may make counterclaims for an increase in payment. They are often related to the child’s need to receive educational or medical services.
• A good reason will be the deterioration of the financial situation of the parent with whom the children live (loss of job, decrease in income, appearance of other dependents).