My ex-husband filed for a reduction in alimony - how to challenge it in 2020?

Is refusal possible?

A decision is made in favor of the defendant only when the plaintiff begins to abuse his right by making some impossible demands. The law specifies the circumstances under which the termination of funds occurs. Therefore, this makes the collection of money unjustified.

The refusal can come from both the payer and the recipient. The court examines the situation in detail. Typically, the right to alimony is limited for the following reasons:

• Lack of desire to conduct common affairs due to personal factors. Many mothers do not make contact with their children's fathers. They must have the means for a normal life for the child.
• The payer evades the obligation to pay alimony. Perhaps he wants to go abroad, or he has other reasons.
• Instead of alimony, other obligations were fulfilled. For example, ex-spouses agreed to transfer an apartment to a child upon reaching adulthood. Everything is calculated based on indexing. Payments do not need to be made due to the gift of real estate.

You may also be interested in:

• How does the court award alimony? Accrual procedure
• When and under what conditions is alimony due (for wife, child, student)
• How is child support calculated? Examples of calculations

Amount regulation

You can count on a reduction in alimony payments in the case where the financial condition of the payer really does not allow making deductions at the previously established level, for example, due to the appearance of another family and child or a serious illness.
In addition, the amount of payments at a certain stage of life can significantly exceed the amount of money that is enough to support a needy child.

The court often has a positive attitude towards reducing alimony payments if the following grounds exist:

• the payer has been diagnosed with a disability of 1-2 groups, a serious illness that does not allow him to maintain earnings at the proper level;
• the child for whom alimony is assigned has reached the age of 14 and has begun to provide for himself financially through work or entrepreneurial activity;
• the child inherits movable or immovable property that generates income, for example, deposits, securities or an apartment that is rented;
• assignment of payments for two children from different mothers with whom he does not live;
• the debtor has a new family and the need to support newborn or adopted children;
• the presence of other dependents or alimony obligations of the payer;
• a significant increase in the payer’s earnings, as a result of which alimony, which is calculated as a percentage of income, impressively exceeds the necessary funds for financial support of the child;
• a significant decrease in the payer’s earnings or loss of income from which deductions were calculated.
• the child for whom the payments are issued is fully supported by the state in an orphanage, boarding school or other institution.

USEFUL INFORMATION: Claim against the developer to eliminate deficiencies

How to correctly formalize a refusal to pay alimony?

The procedure must be properly executed in accordance with the law. There are several ways:

• before the court's decision;
• during enforcement proceedings;
• with the conclusion of an agreement at any stage.

The parties must agree on a waiver. If the spouses were able to agree, then there is no need to even go to court, since this is only required if there is a need for alimony. It is only necessary to take into account the rights of the child so that in the future there will be no problems with the guardianship and trusteeship authorities. The absence of child support is against the law, even with an agreement, since it is the responsibility of the parents to provide for the children. The mother has the right to refuse payments, but with a difficult financial situation in the future she can file a lawsuit to resume receiving money. Unilateral refusal is prohibited unless a court order has been issued.

Grounds for the emergence of the right to payments

Often, the philistine attitude towards understanding parental responsibilities develops into the desire of one of the parents to completely shift the financial support of the child onto the shoulders of the other. However, you need to understand that child support obligations arise on the basis of family law norms, and not according to the subjective vision of one of the parents.

They mean the obligation of one family member (or parent) to transfer monetary support to a needy family member who is unable to provide for himself independently. Alimony legal relations between children and parents arise on two grounds: from an agreement of the parties or a court decision.

The general grounds for the emergence of the right to payments include family ties and need. The obligations of parents to support minor children are indisputable (Article 80 of the RF IC).

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Adult children also have the right to receive financial assistance from their parents in the event of loss of ability to work (Article 85 of the RF IC).

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The fact of need is established only by the court. It is understood as a degree of life support for a person that is below his minimum needs. The age of the disabled child, his state of health, costs of food, medicine, clothing, utility costs and rental housing are taken into account.

The main reasons for refusal of alimony

Child support judge

Cancellation of the right to alimony usually occurs at the initiative of the guardianship authority. This is done when a minor goes to the state to provide for an educational organization: an orphanage or a boarding school. Consent is not required for this. There are several situations when the court refuses to provide alimony:

• The child became legally capable, for example, opened a personal business and started his own family. In such circumstances, alimony payments end.
• Parents do not have the right to raise a minor. The responsibility for provision shifts to the guardians.
• The court issues a refusal in the case where the child is not married and the man doubts the relationship with him. The mother needs to file a claim for maintenance.
• The putative father has the right to petition for the identification of a genetic link. If he and the child are not related, then the court denies child support.

Where to file a claim

In accordance with the law, a claim is filed at the place of residence of the responding party. But in some cases it is possible to appeal to the court at the applicant’s place of residence:

• if the plaintiff has young children or elderly parents requiring continuous supervision;
• if it is not financially possible to pay for travel to the defendant’s place of residence;
• deterioration of health;
• the potential alimony payer lives in another country or is declared missing.

The mother can independently write a claim and represent the interests of minors in court. You can also seek help from a lawyer. If he takes part in legal proceedings, then a notarized power of attorney will be required.

Cases regarding the assignment of alimony payments are considered by district or magistrate courts. You must contact the Magistrates Court if:

• the parties have no disputes about the place of residence of the children and paternity;
• if there is a property dispute, its price does not exceed 50 thousand rubles.

Otherwise, the plaintiff will need to appeal to the district (city) court.

Refusal of child support for mother

In some situations, payment of child support is provided not only for the child, but also for the mother. For example, when she is on maternity leave. But Article 92 of the RF IC stipulates cases when the second spouse is released from the obligation to provide for the first. Such cases include:

• If the person's disability is related to behavior, such as drinking alcohol.
• If the marriage existed very little. The court considers each situation individually.
• If the spouse’s behavior is unworthy, for example, he did not raise a child, wasted the family budget, or did not work.

The father may not pay depending on a number of reasons.

The court orders the payment of alimony in the prescribed manner and amount. In this case, payments are assigned that can be challenged, as mentioned above, for example, if the income of one of the parties has changed. Let's say:

1. The mother receives a higher salary and her income exceeds the income of her ex-husband;
2. The mother receives various benefits;
3. The mother is newly married or lives in a civil marriage with another husband who helps provide for her child.

These circumstances influence the judge’s decision to collect alimony!

Refusal to reduce the amount of alimony

The parent paying child support has the right to file a claim for a reduction in the amount. In some situations, a reduction is provided, but usually a refusal is received. Such circumstances include:

• receiving property as a gift or by inheritance;
• provision of the child by the state;
• work activity;
• employment of the mother after the period of child care.

Judicial practice on reducing alimony: nuances

Court examples on reducing alimony contain rather controversial situations in which the court, based on its internal conviction, decides on the issue of reducing payments.

Among these situations:

• the child support payer takes care of disabled parents;
• the level of income of the child’s family has increased, and the alimony payer has financial problems or the need to provide for other children;
• the alimony payer has a very high income and the amount of payments significantly exceeds the amount of sufficient funds to provide for the child (in this case, the court can calculate 1/4 of the mother’s income and reduce the father’s alimony to the same amount).

In any case, the court must consider the financial situation of both parties together and make a decision that would promote proper financial support and protect the interests of the child, without prejudice to the position of the alimony payer.

Repeated appeal to court after refusal of alimony

Even if there was a refusal, you can re-apply to the courts. All parents have this right until the child reaches adulthood. You can arrange payment of child support in the following ways:

• draw up an agreement with the other party;
• apply to the court for an order;
• submit a writ of execution.

Such issues are considered individually, after which a decision is made. If a child needs support, then monthly payments are assigned.

Preparing for trial

When preparing for the process, it is better to calm your nerves and think about your course of action. The documentation package should be prepared and collected in advance. Participants need to obtain in advance certificates of wages, income, and certificates of real estate.

In the absence of certificates on the amount of earnings from the defendant, to determine the amount of alimony payments, the average salary in the region of residence will be taken into account. To reduce alimony payments, the defendant must prepare documentation confirming the presence of other dependents (children from another marriage, elderly parents in need of care). If the applicant has information that the potential payer has income that he is hiding, then supporting documentation should also be prepared in advance.

If you do not have confidence in your own abilities, then it is recommended to resort to the services of lawyers. They will be able to correctly state the participant’s position and ask their opponent legally competent questions. The outcome of legal proceedings often depends on the ability to correctly state your position and formulate questions correctly.

What is needed to register for re-applying to court?

If the judicial authority refuses to pay alimony, upon repeated application the list of required documents remains the same. Proof of relationship and marriage of the spouses will be required. The court must be provided with a statement of claim and documents proving the need for maintenance.

To obtain alimony, you can use different methods. One of them is drawing up an agreement. Former spouses need to agree on the amount, procedure, conditions of security, and then document everything.

If you cannot draw up an agreement, you will have to resolve the issue in court. To do this, you must provide all the necessary documents. After consideration, a decision is made. Then the documentation goes to the executive bodies. Usually the decision is made in favor of the children, since this is a guarantee of their rights.

What you can do right now:

• Watch the video in this article and find out basic information on collecting alimony from a justice worker
• Remember that you can always re-file a claim with the court to review the decision to cancel the collection of alimony
• The key to success in a lawsuit is correctly executed documents with the necessary evidence

How to cancel child support in court?

If any of the above conditions are met (except for options with agreements), then the payer has the right to file a lawsuit and demand that payments be stopped based on new facts and evidence. Of course, evidence must be attached to the statement of claim.

Order and procedure

1. The alimony payer is obliged to collect evidence.
2. You need to draw up a statement of claim with specific requirements (see sample below).
3. Submit the claim to the magistrate's court. Preferably the same one where the case of awarding alimony was considered.
4. Wait for the date of the meeting and attend it (you can send a representative).
5. Receive the court decision and wait for its entry into force.
6. Follow the points of the court decision.

From the moment the court decision is issued until it comes into force, one month usually passes. Most likely, you will still have to pay alimony this month. It is better to do this so as not to give the other party a reason to challenge the decision or open a new case about late payment of funds.

Documentation

Documents must be attached to the statement of claim. The specific list may vary depending on the situation, but in most cases it will be something like this:

• Applicant's passport.
• Birth certificate of the child for whom child support is paid.
• Receipt for payment of state duty.
• Evidence on the basis of which the cancellation of alimony is required.

Proof

Evidence may include:

• Child's marriage certificate.
• A certificate from the child’s work stating that this person actually works here.
• Medical certificates of legal capacity/work ability.
• Adoption information.
• Death certificate.

Expenses

Despite the fact that in this case the issue concerns alimony payments, you will still have to pay the state fee. You should be guided by the data from clause 1, clause 1, article 333.19 of the Tax Code of the Republic of Kazakhstan. The size of the payment directly depends on the amount of monthly transfers.

Example: The payer is obliged to transfer 5 thousand rubles every month for the maintenance of the child. This is the amount indicated in the statement of claim. In this case, the state duty will be 4% = 200 rubles. However, according to the law, the amount of the duty cannot be less than 400 rubles, so you will have to pay exactly 400 rubles.

Counterclaim

If the defendant is not satisfied with the option of canceling alimony, he can file a counterclaim in which he describes the situation from his point of view. It should be borne in mind that in this case, evidence to the contrary or confirmation of the fact that the plaintiff’s evidence is fictitious is also needed. Both claims are considered at the court hearing simultaneously, and a decision is made based on information from both documents.

Example: The plaintiff submits an application to the court in which he demands to recognize his child as legally competent on the basis of a certificate from the work where the child allegedly works. The defendant files a counterclaim, in which he points out that in fact the child does not work, and the certificate is fictitious. As a result of the investigation, it turns out that the document is indeed fake, since it bears the seal of a non-existent organization.

Settlement agreement

Another option is to come to an amicable agreement. The defendant may propose to resolve the case through a settlement agreement. Since in this case the demands of the plaintiff and the defendant are diametrically opposed, the only more or less reasonable compromise would be a reduction in the amount of payments. However, the plaintiff can take such a step only of his own free will (especially if he has in his hands all the evidence sufficient to cancel the payments entirely).

Example: The plaintiff files an application to the court with a demand to cancel alimony payments on the basis that the child has gotten married and is now obliged to support himself. The defendant asks to conclude a settlement agreement, in which to indicate the amount of payments equal to 10% of previous transfers. The basis is the fact that the young family is not yet very easy to “stand on its feet” and needs at least some help. If the plaintiff agrees, the legal proceedings are immediately terminated, the parties enter into a settlement agreement and now the payer will have to transfer only a small part of the pre-existing payment.

Let's sum it up

Domestic legislation is aimed at protecting childhood and motherhood, however, in exceptional situations, a request to establish alimony may be refused. The grounds for refusal include serious illness of the child support provider, the child’s official employment, and the absence of a family relationship between him and the man.

If the plaintiff assumes that the refusal is unlawful, then he will need to appeal to a higher judicial authority. If there is no result, it is permissible to seek help from the court of a constituent entity of the Russian Federation or the Supreme Court.

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When alimony is collected, what should I do?

First of all, you need to contact the debtor’s employer. To do this, you will need to provide an application that must be accepted for execution. The document is drawn up in any form. A template can be provided by the accounting department, or specialists will help you compile it yourself.

For more details, see “Where to submit a court order.”

Alimony can be obtained in the following ways:

• To a bank account or card. This option is the most convenient and fastest. The money is received immediately and can be freely used for the needs of the children.
• Via postal transfer. This option is relevant for residents of small settlements where banking transactions are problematic.
• Through the organization's cash desk. To do this, the plaintiff will have to visit the debtor’s organization monthly and collect funds on the spot.

Legal process

The course of the trial must comply with the norms of the Code of Civil Procedure of the Russian Federation. If the established procedure is not followed, any of the participants can appeal the court decision.

What issues are considered at the court hearing?

The legal procedure includes the following stages:

1. The judge must ensure that all parties to the trial appear at the hearing. If one of the participants is absent, for example, the defendant, then it is necessary to find out whether he received notification of the date of the meeting. The court also needs to determine whether one of the participants received a notification about the upcoming absence, indicating the reasons and a request to consider the case without his presence. If such information is not available, the date of the hearing is postponed. If you fail to appear again, the court may make a decision without the participation of the defendant. If the plaintiff does not appear for court proceedings more than 2 times, then consideration of the claim is terminated.
2. The composition of the court is confirmed. The judge must ask the participants if they would like to challenge the session secretary or judge. Initially, the question is asked to the plaintiff. The defendant then responds.
3. The judge reads out their rights to the participants in the process in accordance with the norms of the Code of Civil Procedure of the Russian Federation. Next, participants must answer the judge’s question about whether they understand their rights.
4. Participants in the proceedings are notified that a video or audio recording of the trial is being made.
5. At the next stage, the judge announces the applicant’s claim. Next, he will need to confirm his claim. At the next stage, the defendant must answer the question of whether he admits the claim. If the defendant agrees with the claims, the proceedings are completed. Otherwise, the court continues to consider the case.
6. Next, participants must provide explanations on controversial issues. The applicant should state the essence of the claims and answer additional questions from the court. The defendant will then be asked to ask questions of the plaintiff. You must answer while standing. At the next stage, the defendant must answer questions from the court and the applicant. Questions should be prepared and thought through in advance. Often the outcome of a case depends on a well-posed request.
7. Consideration of the presented evidence base. After studying the submitted documentation and listening to the participants in the process, the judge begins viewing video and audio recordings and other materials.
8. The debate of the main participants consists of taking turns expressing their position regarding the claim. The parties may declare circumstances of paramount importance. Previously unknown facts should also be disclosed to the court.
9. After the conclusion of the debate, the judge leaves the courtroom to make a decision. Participants in the process are also required to leave the room.
10. Announcement of the court decision. After the completion of the court proceedings, the judge reads out the court's decision to satisfy or reject the claim. If the claim for withholding alimony is satisfied, the court decision is subject to immediate execution. Within 1 month, the defendant can challenge the court decision in a higher court.