Objection to the statement of claim for the recovery of alimony in 2020 (sample)

In certain situations, citizens are required to pay a salary. Subject to the collection of alimony through the court, the person acting as the defendant has the right to file an objection to the statement of claim for the collection of alimony. You can do the same with a court order.

Objection to the collection of alimony
In what cases is it possible to object to a statement of claim for the recovery of alimony?
How to correctly draft an objection to the collection of alimony
Sample objection to a statement of claim for the recovery of alimony
What you need to submit along with your objection
The procedure for filing objections to a claim for alimony
Objection to a court order for alimony
How to properly file an objection to a court order for alimony collection
Where to file an objection to a court order for the collection of alimony
Judicial practice on objections to claims for alimony collection
Questions and answers about objecting to a claim for alimony
What can be challenged with an objection?
Is it possible to challenge the amount of alimony based on a court order or lawsuit?
Expert opinion

Objection to the collection of alimony

Cases regarding alimony payments for a minor child are resolved in the magistrate's court, most often through summary proceedings. This means that the plaintiff does not file a claim, but an application. Since the circumstances of the case are obvious to the court, a court order is issued based on the accepted application.

However, the defendant has the right to submit a reasoned objection, which will serve as a reason for canceling the order. The plaintiff will have to go to court again, but with a statement of claim.

Cases related to alimony are considered on the basis of a claim on the following grounds:

cancellation of the issued court order;
the applicant wishes to receive alimony in a fixed amount;
the demands state the recovery of monetary support for the past period;
the recipient of alimony is an adult;
there is no information about the defendant’s place of work, or he is obviously unemployed.

In the case of legal proceedings, the presence of both parties at the court hearing is implied. Consequently, the defendant has a chance to protect his rights and interests.

Since clause 2, part 2, article 149 of the Code of Civil Procedure of the Russian Federation allows for a reasoned objection, the defendant, with its help, refuses the court to recognize the claims stated in the claim. However, an objection to a claim is possible only on strictly defined grounds.

Grounds for filing objections

The content of the objections is based on the specific facts and circumstances of the case. Mere disagreement with the amount of alimony being collected is not enough. It is necessary to substantiate the defendant’s position, referring to the rules of law and the factual situation.

Objections can be sent by registered mail with acknowledgment of receipt and an inventory of the contents. They can also be presented in person in court, along with the necessary documents. It is considered the right, but not the obligation, of the defendant to submit objections to the applicant’s alimony claims. A similar requirement is provided for a court order.

A court order is sent if the payer has a stable job or when the claimant does not want legal proceedings. The decision to issue a court order is made by the magistrate alone - no later than 5 days after the documents are accepted for consideration.

If objections are directed against the statement of claim, then when drawing up the document one should proceed from the content of the claim. If the claim indicates inflated amounts, then it is necessary to substantiate the applicant’s position - why he believes that the amount of required alimony is unreasonable.

It is also possible to challenge the applicant’s very right to alimony - for example, when a parent who leads an immoral lifestyle and at one time did not raise a child begins to demand financial support for himself. The objections can also indicate for what reasons the plaintiff should be denied alimony.

If other family members require alimony, then you can also file objections to the demands, referring to the financial security of the plaintiffs. You can also object to an increase in the amount of previously awarded alimony.

In such a situation, it is necessary to focus on the financial situation of the parties, as well as family circumstances and the degree of care of the payer for the recipient.

In what cases is it possible to object to a statement of claim for the recovery of alimony?

The law requires a rational, justified and objective response to the claim. That is, the defendant must have reasons to make his objections. If the recipient is a child(ren), the following grounds are used.

Family, financial, material situation. The defendant is unable to pay the requested amount of alimony because he does not have the requested funds due to low income, illness, or the presence of dependents in need of financial support.
Excessive amount of alimony. An attempt to collect an amount disproportionate to the real needs of the child.
The recipient of alimony is fully supported by the state and third parties. The child lives in an appropriate social or medical institution.
Partial emancipation (recognition of legal capacity) of the child. The child receives income from his own activities (labor, entrepreneurial).
The deadline for collecting alimony has been missed. The child has already reached adulthood.

In cases where the recipient of financial support is an adult, the basis for objecting to the statement of claim will be a fact that terminates the right to receive alimony or excludes the possibility of paying it. For example it could be:

low income of the payer, presence of other dependents, or alimony is too high, or the plaintiff does not need financial support, since he is fully supported by the state or third parties;
the plaintiff is deprived of parental rights in relation to the defendant;
the plaintiff did not fulfill his obligations to support the defendant;
the plaintiff (stepfather or stepmother) supported the defendant for less than 5 years;
the plaintiff lost his ability to work intentionally, or as a result of alcoholism, drug addiction, or crime;
the defendant was not in a long-term marriage with the plaintiff;
the plaintiff (ex-wife or husband) has remarried;
an improper defendant was declared in the case.

Naturally, the above list is not exhaustive. It all depends on the basis of the claim and some other features of the case.

Due to frequent updates to legislation and the legal uniqueness of each situation, we recommend obtaining a free telephone consultation with a lawyer. You can ask your question by calling the hotline number 8 (800) 555-40-36 or write it in the form below.

How to correctly draft an objection to the collection of alimony

Unlike an objection to a court order, in which the defendant indicates a principled position, an objection to a claim must be both motivated and rationally informative. Moreover, the information indicated in the review must be supported by documents. It is also necessary to distinguish a response from a counterclaim, which provides for its own claims against the original plaintiff.

As a rule, the defense to the claim indicates any disagreement of the defendant with something.

The position of the plaintiff and the validity of the claims. For example, a plaintiff sues an improper defendant, his arguments are baseless.
Procedural features. For example, the plaintiff uses outdated or forged documents, missed deadlines, etc.

In order to correctly draw up an objection, it is necessary to carefully study the claims and case materials. The essence of this event comes down to the legal assessment of the plaintiff’s arguments and evidence. To do this, it is necessary to compare the case materials:

with current legislation;
with the actual state of affairs.

If there are discrepancies, you will have to give a legal assessment of the plaintiff’s claims and evidence and challenge them (including with the help of your own evidence).

There is no unified form of response to the claim. However, lawyers recommend providing the following information in the document:

name and address of the court;
information about the applicant of the objection (full name, address, telephone);
case number assigned by the court;
information about the claim and claims;
expression of disagreement with the claim (partial or complete);
substantiation of the applicant's position;
listing of evidence, as well as links to relevant provisions of legislation;
presentation of one’s own vision of the situation;
a request to the court for partial or complete refusal of the stated claims;
list of evidence;
date and signature of the applicant.

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.

Important point: in an objection you can only refer to those circumstances that were known at the time the initial decision was made and reflected in the case. It is possible to refer to new facts and present new evidence only if it was not possible to present them previously or the court of first instance rejected them.

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

Writing an objection

A sample of a correctly drafted objection must contain the following information:

The document header is located in the upper right corner. It indicates the name and address details of the court. Below you must write the name, address and mobile number of the applicant.
In the middle part of the sheet the title is written: “Objection to the appeal.”
In the main part of the document, you need to indicate the date of the proceedings and the name of the court where the decision on the original claim was made. This is followed by information about filing an appeal and the grounds that gave rise to the document.
At the next stage, the participant in the proceedings should indicate the fact of disagreement with the arguments supporting the appeal. It is also necessary to identify legislative acts confirming the applicant’s position. The text of the document must indicate that the initial court decision was based on the evidence presented and complies with the requirements of the law. In this connection, the actions taken by the opponent cannot be considered legal.
Below is a request to the court to uphold the previous judgment and dismiss the opponent's appeal.
A list of documentation attached to the objection is indicated.
The document ends with the date of preparation and the signature of the applicant.

The applicant will need to submit at least 3 copies of the objection:

to the court;
for information to the opponent;
yourself with a note of acceptance in court.

If necessary, the applicant may attach to the objection the necessary documentation certifying the legality of his claims. If the applicant has received evidence that was not available in previous proceedings, then it will be necessary to indicate the reason why the evidence base was not used earlier.

For example, if the court rejected the evidence, or if the applicant did not have information about the presence of newly discovered facts.

Sample objection to a statement of claim for the recovery of alimony

The presented sample clearly shows the relative simplicity of drawing up the document. However, when filing a response to a claim, you must adhere to certain rules:

provide exclusively truthful and verifiable information;
avoid emotional coloring of the text;
do not use abusive language towards the plaintiff, the court, or third parties;
do not write anything that is not relevant.

What you need to submit along with your objection

identification;
information about income, financial situation - certificates from the place of work, fiscal authorities, Rosreestr, etc.;
information about marital status, presence of dependents;
a copy of the court decision on deprivation of the plaintiff’s parental rights;
information about the failure to fulfill the obligation to support the defendant by the plaintiff by force of law, court decision (copy of the writ of execution, information about the debt, etc.);
other evidence.

The procedure for filing objections to a claim for alimony

Filing an objection to a claim is possible before the court makes a decision, that is, until the judge leaves the courtroom to make a final decision. But lawyers strongly recommend preparing the document within the period allotted for preparing for the meeting.

The exact date is indicated in the court ruling, which is sent by the court at the defendant’s place of residence. To familiarize yourself with the case materials, you must visit the court.

The objection to the claim is considered by the court together with the statement of claim at one court hearing. The judge will need more time to study the submitted materials. If the situation requires it, he can order the necessary examinations and call witnesses.

The court makes a balanced and reasoned decision, taking into account the accepted claim and objections.

How to properly file an objection to a court order for alimony collection

In many ways, this document is similar to a response to a claim.

Similar to claims proceedings, there are no special requirements or established form. However, the document must contain certain information.

Name and address of the court.
Full name and address of the person making the claim for alimony.
Name and address of the person against whom the court order was issued.
Title of the document.
A laconic description of the situation and existing legal relations prior to applying to the court for the issuance of a court order.
Disagreement with the applicant's demands and the court order.
Grounds for objection. Unlike lawsuit proceedings, in this situation one can refer to reasons that cannot be proven by documents, such as disagreement with the amount and procedure of payments or lack of information about the applicant’s desire to collect (receive) alimony.
Request to the court to cancel the court order.
Date and signature.

The legislation allows the defendant to disagree with the plaintiff’s opinions and arguments. 10 days are allotted for this from the date of receipt of the court ruling. The countdown begins from the moment the order is received by mail (it is sent by registered mail to the payer’s address).

If the deadline is missed for a good reason, the alimony payer has the right to go to court to restore it. To do this, in the objection itself you need to indicate both the reason for the delay (and document it) and a request to restore the missed deadline. If the judge agrees with the arguments presented and considers the reason valid, the term will be reinstated. Otherwise, you will have to appeal the order using a cassation appeal.

Procedure in different cases

As mentioned above: objections are filed to decisions or orders of the court. During the period of appeal, the payment of alimony is suspended (formally, court verdicts on alimony are subject to immediate execution).

If the order is appealed, the case is considered by the judge independently, that is, without the involvement of the plaintiff and defendant. An appeal is possible within 10 days.

If you seek to overturn the court decision, then another document is drawn up - a complaint with copies of documents attached (certificates of income, etc.). Objections and complaints are filed when the author categorically disagrees with the court’s verdict. For example, he is not satisfied with the amount of payments, the procedure for calculating them, or the payment schedule.

Let's look at the procedure for appealing alimony in more detail.

Appeal against the decision of the magistrate

If the decision to collect alimony in favor of the plaintiff has already been made, then within a month it can still be appealed to a higher court. If the case was before the magistrate, then the appeal is filed with the district court, and if in the district court, then the complaint is sent to the court of the constituent entity of the Russian Federation.

An appeal is filed if the defendant believes that:

The court made the wrong decision without examining the facts and evidence.
There was no evidence at all in the case or there is doubt about its authenticity.
During the process, the norms of the Code of Civil Procedure of the Russian Federation, the Family Code of the Russian Federation and other regulations were violated.
When considering the case, the judge did not explain the rights and obligations of the parties.

The appeal will need to indicate:

contacts and personal data of the parties;
name of the court;
court decision number;
grounds for challenging with references to legal norms;
your requirements.

The application requires:

a copy of the original court decision;
receipt of payment of state duty.

The complaint is filed in the same court where the court hearings took place (later it is independently forwarded to a higher authority, but only if everything is in order with it). It can be done:

For elderly parents

If parents are pensioners and the level of their pension is not enough to live on, or they are disabled people of the first or second group, then they have the right to go to court with a demand to recover alimony for their maintenance. Children, in turn, if they do not agree with this position, have the right to submit their objections.

Grounds for objection:

information that the parents’ income is higher than declared;
lack of financial support for the defendant during childhood.

In your objection, stated in writing, you will need to indicate that you consider the claims to be unfounded and cannot be satisfied.

The document is drawn up in the name of the magistrate or the head of the district court , indicating information about the plaintiff and defendant, facts and evidence of the unfoundedness of the claims. For example:

income level;
financial insolvency of the plaintiff;
the amount of alimony they require.

At the end of the application, you will need to indicate that you are asking to refuse the plaintiff’s demands in full or in part.

Spousal support

A spouse's claims for alimony are possible if they are provided for in the marriage contract or if she is independently raising a disabled child or is incapacitated. Maintenance may also be required when the spouse is pregnant or raising a child under three years of age.

A spouse can appeal alimony, citing:

lack of a marriage contract;
available evidence of the plaintiff’s ability to work and financial solvency;
failure to recognize the fact of paternity (more details on the grounds for challenging paternity and canceling alimony can be found here);
completion of pregnancy, growing up of the child.

Objections are drawn up with the obligatory indication of all contacts of the parties, as well as evidence of their innocence. For example, if a spouse insists on her inability to work, then you can find confirmation to the contrary, and if the fact of paternity is disputed, then you can present a DNA test and other evidence (you can find out more about what a claim for establishing paternity and collecting alimony is here, and For more details on how to prove paternity and apply for child support, read this material).

According to the requirements of the Family Code, a husband is not obliged to support his wife if her incapacity for work is due to:

drunkenness;
drug addiction;
committing an intentional crime.

Objections are drawn up in any form and signed personally by the submitter. Evidence may be attached to the document:

certificates;
copies of DNA test, etc.

For payments in a fixed amount of money

In order to maintain the child’s previous level of support as much as possible, the plaintiff may demand alimony in a certain amount (for example, at least 20 thousand rubles per month).

Expert opinion

Gusev Vladislav Semenovich

Lawyer with 10 years of experience. Specializes in criminal law. Member of the Bar Association.

In turn, the defendant has the right to appeal such a need or the amount of payments, citing financial problems, incapacity of other family members, disability and much more. To do this you need:

Prepare objections and submit them to the magistrate in your area or to the district court.
In the document, describe your vision of the situation and an explanation of why you consider the demands to be unreasonable.
The objections end with a request to refuse to satisfy the plaintiff’s claims for the recovery of maintenance in a fixed sum of money.

On appeal and cassation

The appeal may be:

appeal;
cassation.

In the first case, the complaint is filed within a month, and in the second, when this period has already expired (within six months). A special board is invited to consider the complaint through cassation procedure.

You can always prepare your own objections to all complaints filed. They are sent to the court that is considering the appeal or cassation. In this case, there is no need to pay state duty.

Objections must include:

what violations were committed by the court of first instance;
why do you object to the arguments of the complaint;
the final part contains a request to take into account the complaint when considering the case and leave the court decision unchanged.

objections to the appeal
objections to the cassation appeal

On a court order

The document indicates the grounds for objecting to the entry into force of a court order for the collection of alimony (more information on how to write an application for the issuance or cancellation of a court order for the recovery of child support can be found here). They may be the low income of the alimony payer or the presence of other minor children, disabled parents, etc.

The objections state:

number, date of order;
details of the judge, and the number of the court district of the magistrates;
justifications, evidence, requirements for canceling the order.

The defendant has only ten days to appeal the order. If the objector’s arguments are considered justified, the order will be canceled and alimony will not be calculated. The collected evidence is attached to the objections.

Is it possible to challenge the division of alimony payments and how?

If the payer of alimony has filed a claim in court to reduce it, then it is necessary to write an objection. The legislation clearly stipulates cases when this is possible (maintaining other children, lack of work, etc.).

The division of alimony can be challenged if:

incorrect information was presented in court (regarding the defendant’s income, his marital status, minor children, etc.);
the application to reduce the amount of payments for the child was submitted in violation of the procedure.

If the court nevertheless finds it necessary to reduce the amount of maintenance (for example, by half), then the recipient has the right to disagree with such a decision and appeal it.

Where to file an objection to a court order for the collection of alimony

The objection is sent to the same court that issued the court order. This application is not subject to state duty. But this does not mean that it is enough to simply submit the document or send it by express mail. You will also need to attach a number of documents to the objection:

a copy of the objection for the claimant;
a copy of the court order itself (if such rules are established at the court site);
a copy of the envelope with a date of delivery stamp.

Important! If documents are submitted to the court in person, another copy is needed, on which the court employee must make a note of acceptance indicating the date.

In response to the received objection, if it is justified, the judge cancels the issued court order. The applicant has the right to submit a statement of claim so that the case is considered within the framework of the claim proceedings.

Judicial practice on objections to claims for alimony collection

In judicial practice, objections to court orders and responses to claims occur regularly. With their help, defendants have the opportunity to either be completely freed from the obligation to pay alimony, or to significantly adjust the volume, timing and procedure for their payment.

Objections to a court order are most often filed when any procedural errors are identified. The withdrawal of a claim is also most often associated with a violation of procedural requirements. But there are also cases involving unfounded claims.

If the defendant (or the alimony payer under a court order) confirms his position with reasonable arguments, evidence and the norms of current legislation, the judge takes his side and takes into account the objection (feedback) when considering the case and making a decision. Otherwise, the document remains unattended.

Documents that support the objection

The defendant must support his position and support it with irrefutable facts. If there is no evidence, the court will not take into account the petition. A package of documents for each citizen is compiled separately, since the grounds can be completely different. But most often the following documents are needed:

Personal documents.
Papers that will indicate a poor financial situation.

3.Medical documents that indicate a serious illness.

Papers that will indicate disability and temporary incapacity for work.
Papers that will indicate dependents in the family.

The court may replace the payments if the defendant provides evidence of his case.

Questions and answers about objecting to a claim for alimony

What can be challenged with an objection?

As a rule, drawing up an objection is associated with identified violations - legal or procedural. The grounds for challenge are given above.

In general, we can say that it is possible to challenge:

the right to claim alimony;
amount and procedure of payments;
unlawful demands.

Is it possible to challenge the amount of alimony based on a court order or lawsuit?

Yes, if the alimony payer (defendant) has convincing evidence of the impossibility of paying the awarded amount, he can file an objection. It is necessary to indicate the most acceptable amount and provide arguments in its favor:

when awarding alimony in a fixed amount, provide the court with a certificate from your place of employment so that the claimant receives the due share of the income;
when awarding alimony as a share of income, submit to the court a certificate of lack of employment in order to award alimony in a fixed amount;
if the amount of the claim is too high, provide the court with evidence of the real need of the recipient.

Practice

All objections to statements of claim and court orders are often encountered in practice. The fact is that the payer has every right to protest the entire procedure and send the case for consideration, taking into account the interests of all parties to the proceedings. But we must remember that an objection will be effective if it can be competently prepared and supported by a documentary base.

For example, citizen G. received a notice that proceedings had been initiated against him regarding his payment of alimony for a child who had not reached the age of majority. The ex-wife demanded that the man give a share of his salary, which is 25% of the total amount. But, as it turned out later, citizen G. was left without a permanent job, which his wife did not know about. The defendant sent a formal notice to the judge and wrote that he wants to file an objection to the recovery of alimony in a fixed amount from his ex-wife.

In fact, the man opposed paying a sum of money in a shared format because his real income does not have a certain regularity. Naturally, the court denied the plaintiff’s request and revised the deduction scheme. That is, a fixed amount was established. The judge took into account all the arguments, analyzed the defendant’s financial situation and decided that a fixed amount would be established.

The objection must be written taking into account all legal requirements. If the legal position is not well thought out and there are no important arguments that can really influence the situation, then most likely the case will be lost. To date, there have been no changes in legislation in this regard.

Expert opinion

A correctly drawn up and confirmed objection to a statement of claim or a court order for the collection of alimony is an effective way to protect the interests of the alimony payer. The applicability of an objection or response to a claim depends on the correct presentation of the circumstances, compliance with regulatory and procedural requirements for documents and evidence.