What to do if the husband filed a claim to reduce alimony, the grounds for this

Legitimate reasons for reducing alimony

According to the terms of the RF IC, Article 81, the amount of alimony payments is set as a percentage of monthly income. The same article, paragraph 2, allows for the possibility of reducing or increasing the percentage depending on the situation. There is no clear list provided, but, as a rule, the reason is a deterioration in the financial situation. When making a verdict, the court examines each situation individually.

Grounds for reducing alimony:

Significant decrease in income. The judicial authority examines the payer’s circumstances, reasons and level of current earnings. Sometimes a man quits his job and gets a job with less money to save on alimony. Such situations are quickly calculated.
The need to support dependents. The basis for reducing payments is the appearance of elderly parents or a pregnant spouse in need of care. To reduce alimony costs, it is necessary to submit evidence to the court, including the impossibility of making payments in the same amount.
A sharp increase in income. The situation is the opposite, when the payer’s salary increases and 25% per child turns into a large amount, significantly exceeding the child’s needs.
A serious illness that led to loss of previous ability to work. A reduction in payments is possible if the payer's disability (first or second group) is determined. Attention is drawn to the need to purchase medications, treatment costs, etc. The courts accept disability as a basis for changing the amount of alimony, because this really affects their financial situation.
Expanding a new family. The court may cooperate due to the birth of a child from another woman. A man has a new dependent, which leads to an increase in financial burden.
The child gets a job. When considering a case, the amount of income, type of activity and other factors are examined.
Transfer of a minor to full funding from the state. Payments can be reduced if the child stays all day in an orphanage, boarding school or other special institutions.

Important! Regardless of the circumstances, the alimony payer is obliged to support the request for a reduction in payments with evidence. Otherwise, the court leaves the request without satisfaction.

Normative base

The father has the right to change the amount of child support if there are good reasons for this. The procedure for reducing the amount of alimony or completely canceling it is regulated by the provisions of the RF IC, as well as Federal Law No. 299 of 2007 “On Enforcement Proceedings”. In turn, the consideration of judicial precedents that relate to the financial support of a child is determined by the Civil Code.

What grounds cannot be used to reduce payments?

In judicial practice, there are a number of reasons that do not allow the client to count on a reduction in alimony. Let's highlight the main ones:

Intentional leaving a job or transferring to a lower-paying position.
The appearance of real estate or movable property in the possession of a minor.
Increasing the ex-spouse's income.
Taking out loans or developing other types of debt.
Receiving benefits, pensions or other preferences from the state for minors.

If a man relies on such grounds in his statement of claim, he will most likely be denied.

What to do if your husband demands a review of the amount of alimony

The issue of reducing payments is being considered based on a claim filed by a man. At the same time, a woman should know how to prevent this and maintain her previous financial security. She has several tools at her disposal to protect her interests:

filing an objection to a statement of claim if there are violations, errors, incorrect information or fraud:
filing a counterclaim with a demand to change the principle of calculating alimony or increase its amount;
appeal to the court of appeal within 30 days from the date of the decision;
challenging the verdict in a cassation court within up to six months.

Further actions depend on the current circumstances.

Instructions for action
Women often ask “how to protect ourselves from a reduction in payments if we live on them due to current circumstances.” In such situations, take the following steps:

Study the court notice, which indicates information about the time of the preliminary hearing. At this stage, you can study the case materials, understand the legality of the grounds for reducing alimony, and receive explanations from the judicial authority.
Participate in court, come to meetings on time.
Complete and submit an objection to the claim. The document can be submitted at any time before the judge leaves the room to make a decision.
Draw up and register a counterclaim if there are additional claims against the man.
Wait for the court's decision.
File an appeal within a 30-day period or a cassation within a 6-month period.

To achieve the goal, it is important to correctly approach the preparation of each of the documents discussed above.

Challenging a decision in higher courts

It is the magistrates who decide issues regarding alimony payments. However, if you are filing an appeal, then you should go to the district court. Your application will be considered for one month.

When filing an appeal, be sure to include all important facts and their evidence in the application so that the judge takes them into account. Also use the phrase that you consider the original court decision to be illegal.

The judge will examine your application within one month and summon both parties to the hearing. If, nevertheless, you were unable to defend your case, then this is not a reason to be upset, since this is far from the end. You can appeal to the Supreme Court. It is there that all decisions are usually radically revised.

How to file an objection and counterclaim

The success of the defense depends on the correctness of the documents and the ability to submit them within the deadline established by law.

Objection to the claim

If false or unreliable information is discovered in a claim for a reduction in payments, a woman has the right to file an objection. It is transmitted in two ways:

orally - information is recorded in the court record with subsequent review;
in writing - in the form of a document attached to the case materials.

To increase your chances, it is recommended to submit your objection in writing. The law does not provide for strict requirements for drawing up a document, so when filling it out you can adhere to general principles.

Please provide the following information:

name of the judicial structure and number of the case under consideration;
information about the parties to the proceedings (full name, place of registration, contacts);
Title of the document;
description of the reason for the objection, evidence, indication of violations;
reference to paragraphs or sections of laws;
list of attached evidence.

At the end of the document, put the date of execution and sign.

Counterclaim

According to the law, a woman has the right to file a counterclaim and thereby protect herself from a reduction in alimony. Conditions for filing a claim:

compliance with the norms of the Code of Civil Procedure of the Russian Federation, Art. 131 and Art. 132
submission to the address for consideration of the main application;
transfer before or after a decision on the man's claim;
joint consideration of two documents;
in the latter case, a general verdict is rendered.

According to Article 138 of the Code of Civil Procedure of the Russian Federation, the court accepts a counterclaim in a situation where the statements are related. For example, satisfying a woman’s appeal may lead to a refusal of a claim to reduce alimony.

Filing a counter-complaint allows you to save time on proceedings, immediately resolve controversial issues and obtain a fair court verdict. In addition, with such actions there are higher chances of concluding a peace agreement and avoiding challenging a court decision. The downside is that the proceedings may drag on indefinitely.

The principle of drawing up a counterclaim is the same as the main claim. It states:

the name of the court hearing the main claim;
information about the applicant and respondent (contacts, address, full name);
Title of the document;
the plaintiff's arguments and demands;
references to legal norms, substantiation of the position;
counterclaims;
list of attached documents (evidence).

The final touch of the document is the date of its execution and the signature of the applicant.

After filing a counterclaim, the court prepares the case for consideration and sets a hearing date. At the meeting, the positions of both parties and the documents attached to the claim are studied. If no settlement is reached during the proceedings, a verdict is rendered.

Based on the results of the consideration, the court gives a positive decision on one application and denies the other or partially covers both claims. If the mother's counter-petition is denied, she has the right to file an individual claim.

Appeal and cassation

If the court has decided to reduce alimony, you can file an appeal within 30 days, and a cassation appeal within 6 months. Both documents indicate:

name of the higher judicial authority;
information about the participants in the process;
name of the claim (appeal/cassation complaint);
description of the circumstances - amount of alimony, evidence of the parties;
reasons for disagreement with the decision of the lower court;
references to legal norms - RF IC, RF Code of Civil Procedure;
request to study and review the court verdict;
attachments in the form of evidence in the case;
date and signature.

The appeal is considered only if there is evidence of the woman’s arguments. After considering the case, the court cancels the decision or does not change anything in the decision.

Cassation appeal regarding alimony payments in a specific monetary amount. How to submit it?

Many citizens who are far from the field of jurisprudence are confused about concepts. Cassation is the highest authority. A complaint sent to this structure should be understood as filing an objection in order for it to review the decision of the judicial body that is subordinate.

You are first given 30 days to appeal the decision. In this case, we will talk about an appeal.

If the deadline allocated for the first objection is missed, a cassation is written. It can be sent within 30 days to 6 months after the previous court decision has entered into full force.

In the event of a cassation appeal, the objection to a previously adopted verdict will be examined by the judicial panel. She will analyze whether the decision made was legal or not, and will carefully study the evidence used by the court.

Filing a cassation appeal is easy. Before submitting the application, you need to pay a state fee of 100 rubles. The receipt must be attached to the documentation package.

It is worth checking that the application must indicate:

address of the court that made a certain decision;
Full name, address, and contacts of the applicant (if necessary, you can indicate the full name, address and contacts of the respondent);
a description of the court decision that was made (in addition, you will need to indicate the number and date of adoption of the document, as well as the name of the judge);
designation of the part of the verdict with which the applicant categorically disagrees;
an explanation of why disagreement is expressed;
a list of documents proving the applicant’s case (this can be either the documents themselves, or a list of witnesses or any other evidence);
clear requirements (full or partial reversal of the court decision);
list of attached papers.

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Arbitrage practice

Each situation is studied individually, so there are no uniform rules for protecting against alimony reduction. In practice, the court accommodates a man halfway when he becomes disabled or has a justified reduction in income. If the payer, for example, quit his job but lives with his new wife in an expensive apartment, the claim will be denied.

When considering a case, judges evaluate the following factors:

level of costs for treatment or training;
the degree of deterioration in the child’s material security;
arguments from both sides;
attached documents;
position of legislation and judicial practice.

In most cases, the court takes into account the rights of the child and the degree of financial difficulties of the alimony payer.

Results

The child’s mother should not give up if her ex-husband filed for a reduction in alimony. She has many defense tools in her hands, from filing a counterclaim to filing a cassation appeal. The main thing is to act immediately upon receiving a notification and involve an experienced lawyer for help. He will help in collecting documents and defending his personal position in court.

Each situation with the collection of alimony is individual and depends on a number of factors. We offer a free consultation to help you sort out the main controversial issues. Solve your problem here and now!

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Remember

The Family Code does not provide any unconditional grounds that would allow reducing the amount of alimony. If the court considers that the reasons listed in the application are not compelling in their entirety, then the payer’s claim will be denied.
If the husband filed for a reduction in alimony, then the statement of claim can be contested in the court of first instance (by drawing up an objection), in the appellate or cassation court.
When challenging claims, it is important to carefully study the justifications and available evidence, and then proceed to drawing up objections to the claim.
The appearance of children by the payer is not a good reason for reducing alimony, but in combination with other factors (loss of a job due to the liquidation of an enterprise, disability, etc.).
If you know that your ex-husband has funds, but he is deliberately trying to reduce the amount of alimony, collect evidence to support your words (certificate of employment, proof of additional income, etc.). And if you can’t cope on your own, file a petition for the court to receive requests.
All the points discussed in the article are relevant not only for ex-wives: all recipients of alimony have the right to challenge a reduction in the amount of maintenance - regardless of their gender and whether the divorce was officially filed or the child was born in a “civil marriage”.