IX. Exemption from payment of alimony debt or reduction of this debt (Article 114 of the RF IC) ["Review of judicial practice in cases related to the collection of alimony for minors

The law provides for the obligation of parents to support their children, but disputes between father and mother can lead to court proceedings, during which child support may be awarded. The payer may agree with the amount of payments, but circumstances change and the parent may wish to reduce child support in the future.

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If the payer is counting on a reduction in alimony, judicial practice will be useful to familiarize yourself with, because the courts come to their final decision based on their inner conviction after studying the financial and marital status of the parties.

Grounds for disputing a debt

Let's consider a situation where the alimony payer wants to change the amount of payments, or completely refuse them - the main reasons for appealing alimony debt. The reasons that will become the decisive factor in satisfying the plaintiff’s request are prescribed by Article No. 114 of the Family Code of Russia:

a sharp, irreparable deterioration in the financial situation of the alimony payer;
the child has engaged in entrepreneurial activity that partially or fully meets his needs;
documented disability of the alimony payer;
the birth of a child;
providing for disabled parents and relatives;
the child has property that generates income under a rental agreement;
long-term stay in a medical institution, confirmed by certificates;
dismissal from the workplace due to reduction;
partial or complete failure to fulfill basic parental obligations by a stepfather or stepmother;
recipient's disability caused by alcoholism;
the short duration of the marriage between the parties;
criminal, unworthy behavior of the recipient.

Counterclaim

If there are compelling circumstances under which the court can exempt a person from paying alimony and penalties for it, it is better to file a counterclaim. A counterclaim is drawn up according to the rules established by the Code of Civil Procedure of the Russian Federation for drawing up an ordinary claim.

This document must contain: information about the court in which it is being filed; information about the plaintiff and defendant; information about the court decision or the agreement (agreement) on the basis of which alimony was established; a statement of the circumstances on the basis of which the plaintiff may be exempt from paying alimony. As well as facts confirming these circumstances, the plaintiff’s demands, a list of documents attached to the claim.

The counterclaim should be filed in the same court in which the statement of claim for the recovery of alimony penalties is filed.

Reducing the amount of alimony debt - judicial practice

The provisions of Article No. 114 of the Family Code of the Russian Federation are extremely vague in indicating the circumstances on the basis of which a decision is made to reduce the debt for alimony obligations or to completely release the debt:

An agreement between the parties involved in the case, which is based on the concluded additional agreement on alimony, when the recipient of these funds accepts the arguments of the alimony provider and agrees to full or partial release from alimony debt.
If a serious illness is detected in the alimony provider, changes in the family or financial situation that occurred during the payment of alimony obligations. There are also other circumstances that are considered valid in judicial practice - factors of a natural nature, the presence of evidence that can confirm the impossibility of paying alimony.

During the trial, it is mandatory to study all the evidence provided, the testimony of witnesses, and information from inspecting government agencies. If the debtor wants to achieve a reduction in debt, then he must provide extremely compelling evidence confirming the occurrence of these valid circumstances that did not allow him to fully fulfill his own obligations to the recipient.

In the end, it should be added that thanks to certain provisions of the Family Code, it is possible to reduce the alimony debt or write it off completely. The main thing is to provide strong evidence confirming the impossibility of paying alimony obligations in full.

Is it possible to reduce or not pay the penalty?

If the alimony payer does not fulfill his obligations for a long time, a penalty is charged on the accumulated amount. Its size is 0.1% of the debt for each day of stitching. The longer a person goes without paying their bills, the faster the total amount grows. After repayment of the penalty, the debtor retains the obligation to pay the principal part of the debt.

Exemption or reduction of the penalty is possible only if the amount is clearly exaggerated and incommensurate with the consequences for the recipient. In this case, the court takes into account the situation in the family. For example, if there is a second marriage and children in it, the judge can meet halfway and knock off part of the debt.

Let us note that reducing or canceling the penalty is the right, but not the obligation, of the representatives of Themis. To receive a suitable decision, the applicant must confirm that he is not to blame for the accumulation of penalties and non-payment of funds. The following documents may be submitted as evidence:

Certificate with information about low earnings.
Papers confirming the presence of other children, a pregnant wife, old parents, a child with a disability, etc.
Documents confirming high utility bills.
Certificate of disability.
An extract from a medical institution with information about the disease.

The more compelling evidence the debtor provides, the higher the chance of writing off the penalty accrued on alimony debts.

How to reduce child support arrears over the past period

In every matter involving legal aspects, you should not act rashly. You need to set priorities and make a plan. As practice shows, in such a situation there is no room for error - the price for frivolity can be administrative or criminal liability imposed on a willful defaulter. To reduce the amount of debt, you must act as follows:

Consult a lawyer.
Collect documentation confirming the reasons for the debt.
To write an application.
Obtain information about the amount of accumulated debt from the bailiffs.
Submit the prepared information to the court.

In legal matters, specialist assistance is often required. The consultant will help assess the chances of success, formulate requirements, and assist in drawing up a claim. The application must be drawn up on the basis of documents confirming difficult circumstances in the debtor’s life.

To obtain information about the accumulated debt, you need to contact the bailiff department, where the writ of execution is located. It is necessary to submit an application addressed to the head of the department with a request to issue a debt calculation in full or for a certain period. The request will be reviewed within 30 days. After the specified period, the bailiff will issue an answer.

When all the necessary documents have been collected, you need to submit an application to the court. This can be done in person or by post. The date of acceptance of information for consideration in case of face-to-face application will be the day of registration, in case of sending by mail - the day of receipt of correspondence.

The Family Code, Article No. 114, provides for the possibility of reducing alimony debt for the past period, and it is even possible to completely exempt the alimony from paying the accumulated debt.

The alimony holder and the alimony recipient have the opportunity to draw up an agreement to reduce the amount of the accumulated debt or even write it off completely, drawn up in writing and certified by a notary. However, the legislation imposes a strict restriction - if the payment of alimony occurs in relation to children under the age of majority, then it is impossible to reduce or write off the debt by concluding an agreement.

If it is not possible to reach an agreement with the recipient, then the alimony holder can get what he wants through the court.

The court may decide to reduce or even completely exempt from alimony payments. But this is only possible if the following conditions are met:

non-payment of alimony occurred on the basis of valid reasons, for example, long-term illness, imprisonment, stay in a combat zone;
It is not possible to fully pay off the formed debt due to the peculiarities of the financial status or marital status, for example, there are dependents to support, there is no official income.

If these requirements are met, then there is a high chance of the alimony debt being written off.

How to find out the amount of alimony debt

Before going to court, it is important to clarify the amount to be paid. Information can be obtained as follows:

The bailiffs who are handling the case. You must have your passport with you.
Through the official website of the FSSP.

The latter case is more convenient and allows you to obtain additional information - the number of enforcement proceedings, documentation details, bailiff details (telephone, full name), etc. If you have such information on hand, it is easier to calculate the state duty.

Grounds for reducing or canceling debt

Alimony obligations are established by agreement between the parties or in court. In the latter case, a writ of execution (IL) is issued, and when the case is considered in writ proceedings, a court order is issued.

In order not to pay a penalty of 0.1% of the amount, debtors try to reduce the amount of debt. Everything can be done if there are grounds provided for in Art. 114 RF IC.

The law states that the parties can reduce the debt by entering into a peace agreement. This is true when payments are intended to support former spouses or parents.

When paying money for the maintenance of a minor, the issue is resolved in court, including by agreement, when the recipient does not object to the reduction of the debt.

When it comes to reducing payments for children, this is possible for valid reasons for non-payment.

According to the Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 26, 20167 No. 56, these include:

Compulsory military service. When the payer is sent to serve, alimony obligations are not canceled. In such a situation, he can turn to the bailiffs to suspend proceedings for the period of service, and the debt will not accrue. Production resumes upon returning home. Otherwise, a debt is formed, which can be reduced or canceled through the court.
Treatment in a medical hospital. In such cases, an application for suspension of proceedings is not filed, and debt begins to accumulate. It can be canceled by submitting the relevant certificates.
Changes in the financial situation of the alimony payer, the emergence of new dependents. When a child is born in a new marriage, the financial situation may worsen, which creates obstacles to repaying the debt. According to the law, no more than 70% of the salary can be withheld in the form of alimony along with debt payments. When there is not enough money, the court, after consideration, has the right to reduce the amount of debt.
Force majeure circumstances during the period of non-payment. If at this time there were military actions, fires, floods in the payer’s territory, the debt can be reduced.

Each situation is considered by the court individually. The court takes into account documentary evidence of valid reasons and the financial situation of the debtor. In the event of a combination of unfavorable factors, complete cancellation of the debt is possible.

Changes in legislation

In 2020 in Art. 114 and 115 of the RF IC, amendments were made to the Federal Law dated July 29, 2018 No. 224-FZ, according to which debtors were given the opportunity to take advantage of full or partial exemption from paying a penalty if they prove that it arose for good reasons.

Also, exemption is due if the penalty is disproportionate to the main debt or losses incurred by the recipient due to non-payment.

By order of the President of the Russian Federation, the amount of the penalty has also been reduced in 2020. Previously, it was 0.5% of the debt amount for each day of delay, but now it has been reduced to 0.1%.

How to reduce the amount of alimony

The most common ways to reduce the amount of alimony:

Agree with your ex-wife to reduce alimony and draw up an alimony agreement
File a lawsuit to reduce the amount of alimony based on:

-deterioration of financial situation and solvency

- a significant excess of the amount of alimony over the real needs of the child

File a lawsuit with a request to assign alimony in a fixed amount (prove the reason)
If a child was born in a new marriage, ask your spouse to apply for child support for the new child

Agree with your ex-wife

Parents can resolve the issue without going to court; it is enough to conclude a child support agreement (Article 80 of the Family Code).

The amount of alimony should not be lower than the amount established by law (Article 103 of the Family Code):

-1/4 of the income per child

-1/3 of the income for two children

-1/2 part of income for three or more children

If an alimony agreement has already been concluded, then it can be terminated and a new one can be concluded, or changes can be made to the existing one.

If an alimony agreement is concluded, but the amount of alimony is lower than the court can establish, then the woman can challenge the concluded agreement at any time and recover the difference for the past time.

Even if a court decision has already been made, the parties can verbally agree to reduce the amount of alimony, while the woman retains the right at any time to demand the full amount (the difference between the amount due and the amount actually paid) of alimony for the entire time.

Low income - low alimony

A citizen who receives part of their income “in an envelope” usually has a low official income. However, alimony is paid only from confirmed income, and some citizens take advantage of this.

Women often know what income their ex-spouses receive, so they can prove, if not the income itself, then expenses that significantly exceed official income.

The ex-husband's expenses may be related to:

With real estate
With the purchase of a car
Leisure trips
Processing large loans

If a woman knows that her ex-husband earns a lot, but cannot prove it:

After a court decision to collect alimony, you need to contact the bailiff with an application to track the income and expenses of the alimony payer. The check will allow you to check monetary transactions and establish the amount of earnings, on the basis of which you can collect alimony based on the established amount of income - in a new trial
Attract witnesses who have information about the income of the alimony payer

In this situation, a woman can:

If a court decision has not been made, negotiate with your ex-husband and enter into an alimony agreement in a fixed fixed amount
If a court decision is made, apply to the court with a claim to establish alimony in a fixed amount of money

A fixed amount of money

Depending on their life situation, men themselves often go to court to have the amount of alimony set at a fixed amount. This can be done if, after paying alimony, the father has less PM left. The law protects not only the interests of children, but also the parents themselves.

The minimum amount of alimony prescribed by the court may be 0.1 of the monthly minimum, but it may turn out to be more than expected.

Child support from two mothers

Another way to reduce alimony may be the birth of a child from a new marriage. If the spouse from the new marriage also applies for alimony, and proves that the husband is avoiding supporting the children, the court may award alimony for the children in the second marriage.

The law provides for the total amount of payments for one child - 25%, and for two children - 33% of income received. Therefore, the first child will not receive 25%, but only 16.6% (33% / 2). Thus, a man can save 25% – 16.6% = 8.5% of income in the family budget.

However, this method is very risky because the court can determine the true intentions of the alimony payer and refuse to satisfy the claim. It is necessary to have good acting skills and convincing evidence to reduce the amount of alimony in this way.

Before using this method, it is recommended to seek advice from a lawyer.

How to file a petition to reduce the amount of the alimony penalty?

If a person obligated to pay alimony wants to reduce the amount of the penalty or receive an exemption from paying it, he should be guided by the following algorithm:

Collect documentary evidence confirming the fact of non-payment for valid reasons.
File a claim for reduction along with documentation to the court.
Wait for written notification with the date of the first court hearing.
Appear at the hearing. If the plaintiff is represented by a lawyer, a power of attorney will be required.
Obtain an extract from the court decision and submit it to the bailiffs if enforcement proceedings (IP) were previously initiated.

An extract from the decision may also be required in the accounting department at the place of work when transferring alimony without filing an individual order with the bailiffs. The penalty is paid in a one-time payment or divided over several months if the court provides the option of installments.

Where to contact?

When collecting a penalty through court, several options are possible:

If there is already a decision to collect a penalty, but has not entered into legal force, the challenge is carried out on appeal. Upon entry into force, a cassation is filed.
At the initial stage of consideration, it is possible to file a response to the claim for the recovery of a penalty. The evidence is subsequently considered at court hearings.
During the proceedings, it is possible to file a counterclaim (Article 137 of the Code of Civil Procedure of the Russian Federation). Both applications will be considered within the framework of one office process; this is the most optimal way out.

List of documents

Along with the claim, complaint or objection, the following set of documents is submitted to the court:

passport;
a copy of the court decision on the collection of alimony;
IL (if any);
court decision to collect a penalty;
certificate of debt settlement (taken from bailiffs).

Evidence of valid reasons will also be required. If alimony is not paid due to illness, medical certificates are provided. If the reason lies in layoffs from work, a work record book. The complete list depends on the circumstances.

State duty

According to Art. 333.19 of the Tax Code of the Russian Federation, plaintiffs in cases of alimony collection are exempt from paying state duty. This rule does not apply to payers, so they have to pay 150 rubles. for each child for whom payments were to be made.

How to file a claim

To draw up a statement of claim, complaint or objection, the following information will be required:

name of the judicial authority;
Full name, date of birth, passport details of the plaintiff;
Full name, date of birth of the defendant;
information from IL;
the amount of the assigned penalty;
information about the child;
grounds for reducing the fine;
a list of the attached documentation;
date of compilation and signature.

The claim is drawn up in two copies. One is returned with a note of registration to the plaintiff, the second remains in court. A copy is sent to the defendant.

Procedure and terms for consideration of the claim

The total period for consideration of civil cases for the collection of alimony payments does not exceed 1 month from the date of filing the application.

How everything looks step by step:

A citizen files a claim.
The judge makes a decision to initiate legal proceedings within 5 days.
The parties are sent notices with the date of the first meeting.
A decision is made on the claim.
A month later, the decision comes into force. Until this point, you can challenge it on appeal.

Important! The appeal is sent to the court that made the contested decision. Subsequently, it is forwarded to a higher judicial authority.

Claim for reduction of alimony debt. Sample

The statement of claim can be drawn up in a form free for the applicant, but subject to compliance with the norms of civil law.

This document, a sample of which can be obtained when contacting a judicial government agency, must indicate the following data:

At the beginning, you must enter the name of the judicial government agency where the application should be submitted.
After this, indicate the basic information of the applicant and the defendant - full name, place of residence, contact information.
Title of the document.
Now we need to describe the key circumstances in this case: when and under what conditions was alimony awarded, what is its form and amount, how alimony is paid, what caused the arrears on alimony obligations, and for what reason payment of the debt is considered impossible.
It should be noted that all measures were taken to resolve the conflict before the trial, for example, the plaintiff made attempts to reach an oral agreement with the defendant and draw up a written agreement.
The circumstances referred to in the statement of claim must be supported by documentary evidence, testimony of witnesses, etc.
It is best to refer to legal norms that confirm the applicant’s rights to the stated claims.
The claims in the claim should be formulated approximately this way: to reduce the debt on alimony obligations or to exempt from its payment.
It is necessary to indicate specific amounts - the amount of debt from which the applicant wishes to receive relief or for which he expects to receive a reduction in debt.
Then you need to list the applications.
Finally, you must indicate the date when the claim was drawn up and sign.

When applying to a judicial government agency with a statement of claim, it will be necessary to prepare evidence that confirms the valid circumstances of not fully paying alimony obligations and the formation of debt, as well as the reasons that prevent the payment of the existing debt.

If the court decides that the stated circumstances are not respectful or that there are no obstacles to repaying the debt, it will refuse to satisfy the claims.

Until the debt is fully repaid, half of the earnings will be withheld from wages.

A sample statement of claim for exemption from debt payment or reduction of alimony debt can be downloaded here.

Reasons for accumulating debt

Various situations may occur in life that lead the payer to accumulate alimony debts. This is important when considering the issue in court and making a decision to reduce the amount of payments.

The reasons for the formation of debt include:

Intentional deviation from fulfilling obligations. In such cases, the court rarely accommodates the debtor.
The accounting employee made a mistake when calculating deductions. It is recommended to resolve the issue before going to court.
There is no financial ability to pay debts, for example, due to losing a job or becoming disabled. These are the most common reasons for filing a claim. We will dwell on them in more detail below.
The recipient of the money did not inform the payer about the details for transferring funds and hid his position. In such circumstances, the debt arises through no fault of the debtor party.

The likelihood of success in court depends on the reason for accumulating debt. This point must be taken into account before filing a claim.

Appeal against a court order

If the right to alimony is indisputable, as evidenced by the documents submitted by the applicant, a court order is issued within 5 days. By order, the amount of alimony payments is assigned as a share of the payer’s permanent earnings.

If one of the parties (usually the alimony payer) has objections to the issuance of the order and payment of alimony, he can appeal it within 10 days from the date of receiving a copy of the order. This can be done by filing a written document with the court - an objection to the court order.

How to draw up a written document and challenge a court order?

The document must contain the following information:

Name of the court by which the order was issued;
Full name, address of the parties - the recipient and payer of alimony payments;
The title of the document is “Objection to the issuance of a court order”;
Information about when the order was issued, by whom and in whose favor alimony should be paid according to the court order;
The reasons why the payer does not agree with the issuance of the order;
Link to regulatory documents confirming the right to challenge the order;
Request to the court to cancel the order;
Document submission date;
Signature.

Note! If the payer missed the 10-day deadline for filing an objection to the court order for good reasons, the written objection must also contain information about the reasons for missing the deadline and a request for its restoration, in addition, a document confirming the specified good reasons must be attached. If the deadline is missed for an unexcused reason or it is impossible to document a valid reason, you will have to challenge the issued order through cassation proceedings

If the deadline is missed for an unexcused reason or it is impossible to document a valid reason, you will have to challenge the issued order through cassation proceedings.

What to do if the recipient filed a claim with the court to collect a penalty?

Algorithm of actions of the alimony payer.

When the alimony recipient files a claim, the judge considers it and, if it fully complies with the norms of the current legislation of the Russian Federation, issues a court ruling, which, together with a copy of the claim, is sent to the defendant - the alimony payer.

Having received these documents, the recipient of alimony should:

Examine the statement of claim of the alimony recipient for the accuracy of the information and information contained therein, as well as the accuracy of the calculations made.
Competently draw up an objection to the claim, indicating in it the circumstances that led to the violation of payment deadlines, and a request to reduce the amount of the penalty, or file a counterclaim demanding exemption from paying alimony and the penalty for it.
Collect documents confirming the circumstances and information that the payer refers to in the objection to the claim or in his counterclaim.
Send documents to the court in advance or bring them to the court hearing.
Take part in the court hearing and express your point of view also orally.

Why is debt formation dangerous?

Financial support for disabled relatives imposes not only psychological responsibility on the payer. The citizen must monitor the completeness and regularity of payments made independently.

Persons who evade fulfillment of duties in full are subject to punishment in accordance with the legislation of the Russian Federation. Until 2011, the Russian Federation experienced an extremely negative situation with payments for alimony obligations. More than 60% of alimony payers evaded paying funds without having a sufficient reason.

The Russian government has tightened measures to bring perpetrators to justice. For 2020, the law provides for the following punishment options for non-payers of financial support for disabled relatives:

fine;
correctional work;
arrest;
compulsory work;
deprivation of parental rights;
deprivation of the right to drive a car;
ban on traveling outside the Russian Federation;
deprivation of liberty.

Control over the timely fulfillment of duties by alimony payers rests with the FSSP. For the complete and timely performance of their duties by bailiffs, they interact with the following authorities:

credit organizations and banks;
tax office;
border control;
traffic police;
ATS;
other organizations.

When performing their duties, FSSP employees can not only involve other bodies, but are also vested with independent powers. For example, drawing up a protocol on an administrative offense or executing a summons.

Why is it recommended to reduce child support debt?

Lawyers recommend not delaying debt repayment and fulfilling the obligation within a short time frame. This is due to the fact that the legislation strictly monitors the observance of children's rights and punishes debtors who refuse to pay. The appearance of debt is fraught with the following consequences:

Cancellation of a driver's license if a debt exceeds 10 thousand rubles.
Starting the debtor search process.
Closing borders and the inability to travel outside of Russia.
Fine.
Correctional or forced labor.
Deprivation of liberty.

In extreme cases, it is possible to be held accountable under the Criminal Code of the Russian Federation. This measure is applied if a person evades obligations and refuses to repay even part of the debt for unpaid years.

The legislation has enough levers to influence the defaulter and force him to pay the debt. This means that it is unlikely that you will be able to get away.

Reasons

The court may side with the plaintiff, who is the alimony payer, if the arrears in payments arose as a result of:

obtaining a disability group;
serious illness in the payer himself or a close relative;
deterioration of the financial situation, as a result of which the possibility of paying alimony disappeared, for example, a person could be laid off, the organization in which he worked was liquidated, or there was a reduction in wage payments;
the occurrence of circumstances beyond the control of the second parent, for example, funds may not have been transferred due to failures in the banking systems or errors in accounting;
the appearance of other dependents, for example, a pregnant wife, parents at retirement age or with an established disability group, new children;
the need for military service;
serving a prison sentence;
emergency situations, such as natural disasters or military operations.

Practice shows that in reported cases the court may side with the applicant. It is worth noting that the court may completely cancel the payment of funds, including for the past period, if it turns out that the woman misled the man about her relationship with the child.

Circumstances that allow you to reduce debt

Reducing debt is only possible if there are real reasons. Valid reasons include:

An illness due to which a person is forced to stop making child support payments. For example, a person broke his leg and did not go to work for several months, and the available funds are not enough to pay.
Receiving disability. A positive decision is possible if during the payment period the payer was injured and a certificate of disability was received.
Lack of opportunity to work and earn money due to force majeure circumstances. The reason may be bankruptcy of the company, fire, flood or other problems at the enterprise where the person is employed.
Bankruptcy of the payer, which does not allow him to find a job and receive the income necessary to pay off the debt.

The decision on whether the reason is valid is made only by the court after receiving and examining supporting documents. Concessions may be made to a temporary unemployed person, implying a deferment of debt repayment. After completion of the established period, the person is obliged to repay the debt as usual. Otherwise, the debtor may be punished.

Reducing the amount of alimony debt

If a debt has been formed, then before imposing liability, the following circumstances must be identified:

the presence of guilty actions of a citizen in the formation of debt;
Is it possible to pay off the debt on your own?

Debt can be formed for the following reasons:

in case of guilty actions of the payer (evasion);
in the presence of circumstances beyond the control of the alimony obligee.

Guilty actions related to the formation of debt are understood as acts of evasion of depositing funds. Among them:

concealment of property;
change of workplace without notification to the FSSP;
change of place of residence without notifying the SSP;
refusal of official employment;
refusal to register with the regional employment center;
other actions that impede the legal collection of debt.

Formation of debt without the culpable actions of the payer is possible in the following cases:

the citizen does not have a permanent official income (salary or pension) and cannot pay the debt due to health reasons;
the number of dependents in the family of the alimony payer has increased;
the person underwent long-term inpatient treatment;
the citizen could not deposit funds due to force majeure (natural disasters, state of emergency, military action).

A citizen is obliged to take all possible measures to reduce alimony arrears over the past period. If the funds are collected in court and the writ of execution is subject to forced execution, then the FSSP has the right to collect up to 70% of all types of income of the citizen against the debt. If there is no regular income, the person is required to provide information about the property that can be foreclosed on.

Is it possible to reduce child support debt? If a situation arises when a person cannot repay the debt on his own, for example, due to loss of ability to work, the law provides for the possibility of adjusting the amount of the debt.

Reducing the amount of debt depends on the method of collecting material security. The law provides the following options:

voluntarily (by agreement);
judicially.

Collection in court is carried out on the basis of a writ of execution or a court order. To do this, the applicant must apply to the court. The document is accompanied by information proving the plaintiff’s right to receive relief from the defendant. A prerequisite for assigning financial support is relationship and disability.

Payments are collected to provide for close and nominal relatives. Incapacity for work can be established due to retirement or minor age, disability.

Making changes to a valid document is executed in the same way as the original. The text should include the procedure for repaying debt:

amounts of contributions;
frequency of payments;
liability for violation of conditions.

The parties draw up an additional agreement. The document is signed and certified by a notary.

In addition, the parties can draw up a separate document - an agreement on debt restructuring. Its effect is limited to the period of debt repayment. The agreement may include terms for partial or complete debt forgiveness.

If funds are recovered for the maintenance of a disabled adult child or a disabled relative, then the procedure for voluntary change is established at the discretion of the parties. A person has the right to reduce the debt or completely refuse it.

Limitation period for collecting alimony penalties

Unlike alimony for the past period, where collection is possible only for the 3 years preceding the application to the court, the penalty can be claimed at any time and for any period.

Even if the child is already 18 years old, and the father has not paid alimony and penalties, the mother can try to collect everything through the court.

There are no limitation periods for the collection of penalties. The main condition is the assignment of alimony obligations by court order, agreement or writ of execution. If these documents are not available, the penalty cannot be claimed.

Learn more about the statute of limitations for collecting penalties.[/finos]

Judicial procedure for debt reduction

If it was not possible to reduce alimony arrears peacefully, or if such arrears arose in relation to a minor child, then the reduction procedure will have to be carried out through the court.

The consideration of such cases by the courts always follows one specific pattern. To obtain a court decision to reduce alimony debt, the payer must follow the following step-by-step instructions:

Assess your chances of success. To do this, it is better to consult with specialists, covering the current situation in detail. An experienced lawyer will be able to advise whether it is possible to reduce overdue alimony payments or write them off altogether.
Find out which judicial department handles such cases.
Draw up a claim that sets out all the nuances and expresses the request.
Collect the necessary package of documents; the required completeness can be clarified in court or with a consulting lawyer.
Submit your completed registration kit and wait to be notified of the day of your scheduled meeting.

Then the applicant will be required to regularly attend all scheduled meetings, as well as collect and provide additional documentation, if necessary during the proceedings.

Rules for drawing up a statement of claim

An experienced lawyer will say that half the success in future judicial proceedings depends on a well-drafted statement of claim. To reduce the amount of alimony debt or write it off completely, you need to file a claim. To write it, you can use the attached sample or take an example of filling it out in court. Or you can contact a law office, where, for a fee, the claim will be drawn up by specialists.

The statement of claim should include the following information:

Name and address of the court. In some cases, the name of the judge may be indicated, but you can do without it.
Contact information about the applicant himself. The full name and address where the plaintiff lives and where correspondence can be sent is required. You can also provide a phone number.
The title of the document, as it were, precedes the beginning of the presentation of basic information.
The first block is devoted to the introductory part. It must describe when the alimony benefit was assigned - the date of assignment. Indicate the number of the writ of execution according to which they were deducted, the amount of monthly payments.
The following indicates the moment at which payments stopped.
A calculation of the debt accumulated on the day of filing the claim is provided.
The formation of debt is justified. At this point, it is necessary to explain why payments were not received during this period, and what entitles the alimony recipient to claim the opportunity to reduce the debt. The more detailed the circumstances that arise are described, the better.
To summarize, the applicant expresses a request for full or partial write-off of the debt amount.
At the end of the document there is a numbered list of those papers that allow you to confirm what is stated in the claim.

The application is signed by the alimony provider personally, the signature is certified by the full name and date of submission.

What documents need to be prepared?

To accept this claim for consideration you will need:

Applicant's passport. In addition to the original, you will need copies of the first and second pages, as well as those sheets with stamps about registration, marital status and the presence of children.
A writ of execution or settlement agreement, which describes the amount of alimony benefits that must be paid regularly.
Papers proving relationship with dependents, or other reasons for paying alimony benefits.
Further, the list will include documents that will explain the plaintiff’s inability to pay benefits during a certain period. This could be certificates from doctors, a certificate of a disabled person, papers from places of imprisonment confirming imprisonment. It is possible to submit a work book, which will indicate the liquidation of the organization or dismissal due to staff reduction.
A sheet for calculating the accumulated debt can be obtained from the bailiff.

You can also attach testimony from neighbors, relatives, colleagues, doctors or other persons.

Consideration of a claim in court

The submitted statement of claim is checked for compliance with the standards when it is registered at the court secretariat. If any discrepancies are found, it may not be accepted and may be returned for revision. If the document is registered, then all that remains is to wait for written notification of the time of the first meeting, at which the issue of how to reduce the alimony debt will be considered.

Judicial practice requires the mandatory presence of both parties to the process at the appointed meeting. If one of the parties does not appear, the hearing of the case is postponed.

During the meeting, the judge finds out the details of the case from the alimony payer, he is also interested in the opinion of the second party, the recipient himself. By the way, the alimony recipient can protest the filed claim or simply present serious counterarguments that do not allow the applicant’s demands to be satisfied. Witnesses may be called to court to confirm the words of one or another party.

Based on the results of the court hearing, the judge makes a decision that can be challenged and appealed in the prescribed manner.