Objection to the claim to reduce the amount of alimony

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Family law provides for the possibility of reducing or increasing the amount of monthly alimony payments depending on changes in the financial and marital status of the parties. The alimony payer may apply to the court to reduce the amount of alimony payments. If the court accepts the claim, it will set a court date and send notices to the parties (plaintiff and defendant) about the date and time of the court hearing.

Having received and studied the claim, the recipient of alimony, who is interested in maintaining proper financial support for the child, has the right to disagree with the stated claims. This disagreement is expressed in the form of filing a written objection to the claim.

It is necessary to prepare and file an objection on time so that it is properly considered in court. But what is even more important is that the objection must be drawn up competently and reasoned in order to prevent an unreasonable reduction in the amount of alimony.

Reducing alimony payments

The debtor may demand a reduction in withheld alimony, both in a fixed monetary amount and as a share of earnings. The full list of reasons why the amount of alimony collected can be changed downward is established in paragraph 20 by Resolution of the Plenum of the Supreme Court No. 56 of December 26, 2017.

The most common circumstances for reducing the amount of alimony in judicial practice are:

a decrease in the level of income of the alimony payer;
upon the birth of a second child in the debtor’s new family;
the appearance of other dependents on the alimony payer;
loss of the debtor's ability to work, significant deterioration in health;
establishing a disability group for a child in the payer’s new family, etc.

If one of the above circumstances occurs, the payer may apply to the court to recalculate the amount of alimony. In automatic mode, alimony payments are not reduced.

Arbitrage practice

To reduce the amount of alimony, the payer must have compelling reasons. As judicial practice shows, the court carefully examines cases affecting the interests of minor children and does not make decisions that contradict them. Therefore, when preparing an objection to a statement of claim, you need to focus on the needs of the child that are not fully satisfied , provide calculations for paying for food, clothing and shoes, treatment, education and development of the child, and show a clear ratio of income and expenses.

Example 1 Plaintiff Davydov V. filed a claim to reduce the amount of payments for his 16-year-old son, justifying the claim by the fact that he was forced to support his pregnant wife, while the son went into business and began to earn money. The defendant prepared and filed an objection to the claim in court, in which she indicated that her son’s income was insignificant and irregular, and he spent the money he earned on paying for the sports section and traveling to competitions. The objection was accompanied by checks and contracts, as well as other evidence of income and expenses for the child. The objection also contained arguments that the plaintiff’s financial situation remained unchanged, his wife’s pregnancy did not cause a significant increase in his expenses, since the wife had not worked before, but was supported by the plaintiff. Having considered the case, the court refused to satisfy V. Davydov’s claim.

But at the same time, the court cannot violate the rights of alimony payers. Sometimes life circumstances change dramatically, and arguments such as job loss, disability, serious illness of close relatives can be not just a reason to withdraw from one’s obligations, but also a compelling reason to reduce the amount of child benefits .

Therefore, in judicial practice, there are often cases where the court satisfies claims to reduce the amount of alimony, if not completely, then partially.

Example 2 Granovsky T. filed a lawsuit to reduce the amount of alimony that he paid for two minor children from his first marriage. In support of the claim, he indicated that a year ago he lost his sight and became disabled - attempts to find a job were unsuccessful, social benefits and small income from part-time work at home did not even cover his own needs. Over the past year, the plaintiff has paid child support on time, but during this time he has incurred utility and credit card debt. The defendant, a mother of two children, filed an objection to the claim, pointing out that Granovsky T.’s debts arose through his own fault, which cannot be a basis for reducing the amount of payments. However, the court upheld the claim and reduced the amount of alimony from 33% to 25%.

Lawyers advise taking all measures permitted by law to defend your own interests in court. For each of your procedural actions to be effective, it must be thoughtful and well-prepared. A lawyer will help you sensibly evaluate the plaintiff’s arguments and the prospects of winning the case, develop a legal position, prepare an objection and a package of documents to accompany it. If you need advice, write to the chat or call the hotline.

Watch the video on how to write an objection to a claim and what to include with it:
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Author of the article

Irina Garmash

Family law consultant.

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The procedure for filing an objection to reducing the amount of alimony collected

The recipient of alimony payments may submit an objection to the reduction of alimony payments to the court before the start of legal proceedings (after the claim has been sent to the court). You can also object to a reduction in payments during the trial.

An objection may be sent:

by mail with notification of receipt immediately after examining the claim;
the applicant can submit an objection to the court during a personal visit;
present to the court during court proceedings on the issue of reducing alimony.

The number of copies of the objection must correspond to the number of participants in the proceedings. Additionally, 1 copy is provided to the court.

Cases on the appointment and change of the amount of alimony support are considered by magistrates' courts within 30 days. But experts recommend filing an objection to reduce alimony payments on the day of the first trial in a civil case. In this case, one court hearing may be enough for the judge to make a decision.

How can you reduce the amount of alimony?

It often happens that the financial situation of the person paying alimony changes significantly, and the amounts of payments assigned by the judicial panel become an unbearable burden. Due to changes in your financial situation, you can file a claim to change the amount of payments.

An objection will help change the size of the obligations to more reasonable ones, in accordance with the current financial situation. But the court will carefully consider the application, since in most cases it is filed without basis.

Before drawing up an objection, the payer needs to determine a list of grounds that will allow the debtor to justify that the amount of payments is overstated along with the current factors. Let's consider the types of justification for reducing the amount of payments:

a sharp change in psycho-emotional and physical health status;
temporary or permanent disability;
illness of one of the family members;
improving the financial condition of the alimony recipient;
the recipient is fully supported by the state.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

If one of the points corresponds to the situation, the alimony payer can apply for a re-examination of the amount of payments, but there is no complete guarantee of a reduction in alimony. The recipient will be able to challenge each justification as follows:

the amount of payments after the reduction does not allow meeting the minimum necessary needs of the child;
the child needs additional paid services and specialized medical care;
the physical health of the parent receiving alimony requires maintenance;
improving the financial situation of the recipient has little effect on the child’s provision;
the deterioration of the payer’s financial situation has little effect on the provision of the child;
after consideration of the case, the amount of alimony does not correspond to the minimum standards established at the legislative level.

If a claim to change the amount of alimony is filed in an improper form, or the demands are considered illegal, the court will return the application to the plaintiff. Before drawing up an application, it is recommended that you familiarize yourself with a sample objection to a claim for a reduction in the amount of alimony, or it is better to contact a specialist who will analyze your case, give recommendations, and help in filing a claim.

When the payer has other children

The most common case when alimony payers go to court to reduce the amount of payments is the birth of a child in a new family. The requirement to reduce alimony maintenance is justified by Art. 81 family law. It determines the share of earnings transferred to the maintenance of minors.

For example, the payer may demand a reduction in payments from 1/4 to 1/6 so that the total amount of alimony withheld does not amount to more than 1/3 of earnings. The recipient of alimony should know that Russian legislation does not contain regulations obliging the court to reduce the amount of alimony when the payer has new children. In addition, often the debtor and his new wife initiate the opening of new enforcement proceedings to collect alimony for other children. Thus, the rights of the first child may be infringed.

In such a situation, the recipient of alimony may present the following arguments for objection:

The level of financial security of the debtor has not decreased (the place of work has not changed, the earnings have remained the same). If it is not possible to obtain a certificate from the debtor’s place of work, you should ask the court. The judge has the right to request the necessary information. The birth of a baby in a new family cannot become a basis for reducing the amount of alimony payments for the first child. His needs have not diminished.
If the plaintiff argues his claim by saying that he must support another minor, then the defendant may declare the claim insolvent for the following reasons:

the marriage between the payer and the new spouse has not been dissolved;
the debtor continues to live with his new wife and child, that is, the couple jointly raises and supports the minor;
if enforcement proceedings to forcibly withhold money in favor of another child have not been opened, then this should be stated in court.

How to correctly write an objection to a claim

The objection to the claim is...

in content - thoughtful, legally sound counter-arguments to the arguments of the plaintiff, which he brings in his claim for a reduction in alimony payments.
in form - a written document in which the above counterarguments are presented competently, clearly and concisely, necessarily with documentary evidence.

Below we will look at what arguments are most often cited in claims for reduction of alimony, and what counter-arguments the recipient of child payments can bring as an objection to the claim, as well as practical recommendations from lawyers in each specific case.

If the child support payer has other children

Most often, alimony payers go to court with a claim to reduce child support if they have other children. In doing so, they refer to Art. 81 of the Family Code of the Russian Federation, which specifies the interest rates of alimony depending on the number of children.

For example, alimony payers ask to reduce payments for one child from 1/4 to 1/6, so that the total amount of alimony for two children does not exceed 1/3 of income.

However, the law does not contain a rule according to which the court is obliged to reduce the awarded payments for a child after the birth of other children by the alimony payer .

In addition, as practice shows, alimony payers who have other children often create an artificial situation of another woman collecting alimony for other children in order to present evidence to the court.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Arguments for objection:

The financial situation of the alimony payer has not changed: the place of work has not changed, the amount of earnings has not decreased. The birth of a second child cannot serve as a basis for reducing previously awarded alimony for the first child, whose needs have not changed.

If, when preparing an objection, it is not possible to collect evidence that the previous amount of earnings has been maintained, you need to ask the court to request the necessary certificates and tax returns.

The plaintiff’s arguments that he is obliged to pay alimony for the maintenance of the second child are untenable, since the marriage between the payer and his wife has not been dissolved, he lives with his wife and child, the spouses raise and support the child together, alimony agreement, court order (writ of execution ) for the collection of alimony for a second child - was not presented to the SSP department for enforcement.

If the alimony payer has changed his place of work

Pursuing the goal of reducing the amount of alimony payments, payers can quit their previous place of work and get a job with low earnings (often with payment of part of the earnings “in an envelope”). Sometimes they take this step after the court refuses to reduce the amount of alimony payments due to their unchanged financial situation.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Arguments for objection:

The plaintiff’s financial situation worsened, but if the dismissal occurred at his own request, it can be assumed that the purpose of deliberately reducing earnings was to reduce alimony payments. This indicates abuse of parental rights and neglect of parental responsibilities.
A reduction in the amount of alimony requested by the plaintiff will have an extremely negative impact on the financial support of the child. The parent can find additional sources of income to ensure that the child's needs are met.

If the alimony payer gets sick or becomes disabled

Disability may serve as a basis for reducing alimony if illness has caused incapacity for work and, as a consequence, a decrease in the income of the alimony payer. But there is not always a cause-and-effect relationship between disability and financial difficulties. As a rule, when assigning disability group 3, the ability to work is preserved.

Some disabled people have additional sources of income that cover their needs and treatment costs, and also allow them to support a child (see “Do disabled people of groups I, II and III pay alimony?”

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Arguments for objection:

The assignment of disability is not a basis for reducing the amount of alimony payments, since it does not entail a worsening of the plaintiff’s financial situation. The fact of incurring large expenses for treatment and restoration of health has not been proven. The plaintiff’s illness does not serve as an obstacle to working in his previous position.

If the child for whom child support is paid has his own income

Many modern children and teenagers start working early and earn a small income. Payers of alimony often refer to this circumstance when filing a claim to reduce the amount of alimony payments.

The court's decision will depend on the type of employment and the amount of earnings of the child. If the business brings regular income to the child, the court may satisfy the parent’s claim. In addition, this circumstance will be taken into account by the court only in conjunction with other grounds for reducing the amount of payments. But if the income is insignificant and irregular, the claims will be considered unfounded.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Arguments for objection:

Reducing the amount of child support on the basis that the child works independently and covers his own needs is unacceptable, since the child does not work regularly (during the summer season/after school hours), and his income is low and irregular.

If the alimony payer has other dependents

Another common argument for reducing child support payments is the need to support other dependents, for example, elderly parents or a wife. Such arguments must be documented: an alimony agreement, a court order (writ of execution) for the collection of alimony, submitted to the SSP body. The dependent's incapacity and need must also be proven.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Arguments for objection:

The argument that the plaintiff has to support elderly parents cannot be taken into account by the court, since the father and mother of the alimony payer receive a pension that covers their needs. A claim for the recovery of alimony for the maintenance of the parents of the alimony payer was not filed, the court order (writ of execution) was not presented to the SSP department for enforcement.

If the alimony payer has debts (including alimony), loans, and other expenses

Debts and loans are not grounds for reducing the amount of child support payments.

In some cases, alimony debt may be reduced or removed, but the obligation to support the child remains with the alimony payer.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Arguments for objection:

The occurrence of a large alimony (or other) debt by the plaintiff cannot be considered a basis for reducing the amount of payments for child support, since the debts arose through the fault of the plaintiff. Currently, the plaintiff is working and receiving income, therefore, can pay off debts and support the child.

The arguments proposed above for objecting to the claim are somewhat vague and abstract. They are provided for informational purposes rather than as a sample. Before starting to prepare an objection, you need to familiarize yourself with the filed claim, the circumstances and arguments of the alimony payer.

Since each case is individual, you may need personal legal advice: assessing the situation, developing a legal position and choosing a strategy for further action. Our portal provides free legal advice, which you can get by writing to the chat or dialing the hotline number.

When changing place of work

In order to reduce the amount of alimony payments collected, the debtor may deliberately quit his job and find a new place of work with lower earnings. In this case, part of the salary may be paid unofficially. And alimony will be withheld from “white” earnings.

In this case, the alimony recipient can argue his position as follows:

The payer began to receive less. But if he was dismissed from his previous place of employment at his own request, then the court may assume that this was done intentionally. With this step, the debtor seeks to reduce the amount of alimony, which proves the improper fulfillment of parental obligations towards the minor.
A decrease in the amount of alimony payments will have a negative impact on the level of material support for the minor’s needs. The plaintiff may find additional sources of funds to maintain the same amount of alimony.

How important is an objection?

The objection contains reasonable arguments against the plaintiff’s position, namely why alimony cannot be reduced at the request of the payer.

Legally, an objection to reducing the amount of alimony is not a mandatory procedural document, but only a written statement of its arguments on the part of the defendant.

According to the law, even if the defendant does not submit his objections in writing, but only verbally declares his disagreement with the claim, this will be enough for the court to take his opinion into account.

However, it is best to file an objection to reducing the amount of alimony, since:

a competently drawn up document by an experienced lawyer disciplines the judge, who knows for sure that if he makes an unjust decision, it will definitely be appealed;
it is easier for a judge to perceive what is written on paper than to listen to confused speech;
if the claim is rejected, the court will prudently include the arguments in the decision
By submitting the document, your disagreement with the claim will be recorded in writing, which will eliminate possible falsifications or omissions.

That is why experienced lawyers recommend always filing an objection to a claim to reduce alimony if you categorically disagree with it.

In addition, if there are circumstances in the case. Preventing the satisfaction of the applicant's claim, but only the defendant knows about them - it will not be possible to defend your rights to alimony.

The defendant in the case, the recipient of alimony, Oksana Petrova, did not appear in court at the first summons, but sent a written objection to the repeated notification, where she indicated. That Petrov owns 2 non-residential premises in one of the regions of Russia, which he rents out for long-term lease to large chain stores.

In her objection, the defendant asked to make inquiries to the indicated retail chains, as well as to Rosreestr about the ownership of real estate in the name of Petrov. As a result, all the circumstances indicated to her in the objection were confirmed.

The court denied Petrov's claim, but if the defendant had not sent an objection, Petrov's claim would have been satisfied.

Determination of disability for the debtor, identification of a serious illness

Assignment of a disability group will serve as the basis for reducing the amount of alimony payments if the payer has lost his ability to work. But not every disability group can be a reason for a reduction in payments. So, if the payer has a 3rd disability group, then alimony maintenance may remain the same, since this group is working.

Many citizens with disabilities find additional sources of income. The funds received should cover the needs for treatment and medications. There should also be money to provide financial support to a minor.

You can object to a reduction in alimony payments as follows:

Registration of a disabled person cannot become a reason for reducing the amount of alimony, since the payer’s income level has not decreased. Significant financial costs for the purchase of medicines and treatment have not been proven at trial. The identified disease does not interfere with the performance of work in the previous position.

Objection to the cassation court

Within 6 months from the date of the decision, you can file a cassation appeal. Provided by interested parties. They must be parties to the case in the magistrate's court. Submitted after examining the issue in the appellate court. It will not be possible to file a cassation against the decision of the court of first instance. The documents are submitted immediately to the cassation court. In Art. 377 of the Code of Civil Procedure of the Russian Federation provides a list of judicial authorities. The process of filing a cassation appeal is similar to an appeal.

In addition to the name of the court and details of the participants, the cassation appeal contains decisions of previous courts and facts of violation of the plaintiff’s rights with evidence. Copies of documents are made to all participants. Copies of decisions or court orders certified by the court are attached. The judge examines the complaint, then makes a decision either to refuse or to transfer the complaint to the cassation court.

Attention! Due to changes in legislation, the legal information in this article may not be relevant! Our lawyer can advise you free of charge - write your question in the form below:

If the minor receiving alimony has his own income

The younger generation strives for greater financial independence, for which many teenagers find sources of income. If the payer finds out about this, he can file a claim in court to reduce alimony.

In this case, the court will take into account the amount of the minor’s salary and the nature of the work. If the child has registered as an individual entrepreneur and his work brings him a constant income, then the court will satisfy the request of the alimony payer. But in this case, the claim to reduce alimony payments will be considered by the court if there are additional arguments for changing the amount of payments. If the child’s earnings are irregular and the amount is insignificant, then the claim will be rejected.

To reject a claim, the defendant may present the following arguments:

The amount of alimony withheld cannot be reduced due to the fact that the minor’s employment is temporary (seasonal) in nature. The child works after school or during the holidays. A schoolchild's earnings are low.

By law in a fixed amount of money

By law, any alimony payer has the right to go to court with a demand to reduce the amount of alimony paid to him. You can reduce not only the amount of alimony established as a percentage of the payer’s earnings or other income, but also established in a fixed monetary amount.

However, the plaintiff must substantiate his application, that is, indicate in it the reasons for which the relevant demands are made, as well as confirm the stated requirements, supporting them with appropriate evidence.

When the debtor has other dependents

Alimony payers often justify the requirement to reduce payments in favor of a minor due to the emergence of new dependents. They can be the debtor’s elderly parents or a disabled spouse.

To satisfy the claim, the plaintiff will need to present to the court documentation proving the assignment of alimony payments in favor of dependents:

agreement on payment of alimony;
court decision on alimony;
certificates confirming the need of dependents.

You can object to a reduction in payments as follows:

If the plaintiff argues for the need to reduce the child’s financial support by saying that he needs to support his elderly parents, then it can be pointed out that the state pays them a monthly pension benefit. It should cover their needs for food, medicine, etc. It can also be stated that a claim for withholding alimony payments in favor of the parents was not filed, there is no enforcement documentation on the forced collection of money from the FSSP, therefore the plaintiff’s demands are not justified.

Objection to the appellate instance

The appeal is submitted to the court in which the case was heard at first instance . The magistrate or city court itself transfers the appeal to higher authorities.

If you disagree with the court's decision, you can file an appeal at the appellate level.

The appeal is copied according to the number of participants in the case.

The alimony holder can simultaneously file an objection to the appeal. Provided in two copies.

When considering an issue on appeal, the claims cannot be changed (Article 35 of the Code of Civil Procedure of the Russian Federation). If the requirements have changed, a new claim is filed in the magistrate's court.

If there are outstanding obligations to other individuals. persons and legal entities persons

Unpaid loans and other debts cannot be grounds for reducing the amount of child support. A decision to reduce the amount of alimony or cancel it completely can be made by the court. In this case, the obligation to support the minor is not removed from the parent.

If the plaintiff claims a large debt, the defendant may argue as follows to dismiss the claim:

Due to the fact that the debt for the loan (alimony, etc.) was caused by the plaintiff, he cannot claim a reduction in the amount of child support for the child. The parent continues to work, has income from which he can pay off the accumulated debt and transfer money to support the offspring.

Reasons for objection

To raise an objection, the defendant must have compelling factors. These factors include:

Improper performance of parental responsibilities. Cases of neglect of their responsibilities on the part of parents or adoptive parents are not common, but they are present in life.
Deprivation of the alimony payer's ability to work. Disability occurs due to various factors: health problems, excessive consumption of alcohol, drugs, punishment for committing a serious crime, etc.
Immoral behavior of the recipient of alimony. For example, a wife improperly uses funds received for a child. She goes to expensive salons, the cost of services of which is incommensurate with her income. Abuses alcoholic beverages.
The alimony holder has young children in another marriage and takes care of them accordingly.
The recipient of alimony was transferred to state support (settled in a nursing home, a home for the disabled, entered into a lifelong maintenance agreement with the church, etc.).

All disagreements must be supported by documents.

Alimony payments can only be awarded based on a statement of claim.

Writing a statement of objection

The rules of civil procedure legislation do not clearly regulate the methodology for writing a statement regarding an objection to a reduction in the amount of alimony payments. The form of objection is also not indicated. It can be submitted in written or oral form. In the latter case, an objection can be filed during legal proceedings. The defendant's statements will be recorded in the minutes and will be taken into account by the court to make a decision on the claim. The defendant will be able to verify the correctness of the information entered into the minutes of the court hearing. But a written application form is preferable.

In order for the statement of objection to be accepted by the court, the defendant will need to file a corresponding petition. One copy of the application will be attached to the materials of the civil case, the rest will be distributed to the participants in the proceedings.

When writing the text of a document, the recipient of alimony payments should adhere to the official style of presentation and requirements for composing a business letter:

The document header is located on the right side of the sheet. It indicates the name of the court, information about the plaintiff and defendant (full name, address information, mobile numbers for communication). Next, you need to provide a place to put the case number.
Title of the application: “Objection to the claim to reduce the amount of alimony.”
The main part of the document sets out the circumstances of the case (the date the plaintiff applied to the court with a request to reduce alimony payments, details of the documentation on the assignment of alimony support).
Below is an objection to the claim to reduce the amount of child support. The defendant's arguments in favor of transferring alimony unchanged are outlined.
The following are links to legislative acts confirming the legality of the defendant’s objections.
Request to the court to reject the plaintiff's claim.
List of documentation attached to the application.
The document ends with the date of writing and the signature of the applicant.

Download a sample objection to a statement of claim to reduce the amount of alimony

Sample objection

The following general advice can be given regarding the form of writing objections.

The document must indicate:

Name of the magistrate's court, site number;
Case number (if known, must be indicated in the summons);
FULL NAME. plaintiff and defendant;
Name of the document (“Objections to the Statement of Claim”);
The main arguments against the defendant’s demands for a reduction in child support payments;
Petitions to obtain evidence (if necessary);
Request to dismiss the claim;
List of attached documents.

This is a general, schematic example of an objection that can be used to draw up a document. Its specific content will depend on the grounds for the requirement to reduce the amount of alimony.

Procedure for filing an application to object to a reduction in alimony

When submitting an application, the following procedure must be followed:

The alimony payer submits a claim to the court to reduce the amount of alimony support. Within 5 working days, the court reviews the claim documentation. If it meets the legal requirements, then the date of the first hearing in the case is determined.
A notice with the date and time of the preliminary hearing on the case, as well as a claim with an attached package of documentation, is sent to the recipient of alimony payments. He will be the defendant.
After studying the claim documentation, the defendant must begin writing an objection to reducing the amount of alimony.
The alimony recipient can submit an objection to the court at a preliminary hearing in a civil case.
If the defendant needs additional time to write the text of the application and collect supporting documentation, then you can ask the court to grant a deferment of up to 5 days. You can also agree to postpone the trial to another date.
You can object to a reduction in the amount of alimony at any stage of the court proceedings. But a statement of disagreement must be made before a decision is made on the case. The judge will study the materials presented by the parties and hear the participants. It is at this stage that the defendant can object to a reduction in the child's support. The objection is attached to the case materials and entered into the minutes of the court session.
An objection must be raised before the judge leaves the courtroom to make a decision. The application must be taken to the attention of the court and considered during the proceedings on the claim to reduce alimony payments.
If the defendant is not satisfied with the court decision, then it can be appealed within 30 days by filing an appeal. It is transferred to the court that considered the claim. In accordance with the jurisdiction, the complaint will be sent to a higher court.
If the defendant does not have time to file an appeal within a month, then the court decision gains legal force. To appeal it, the alimony recipient can write a cassation appeal within six months.
If the periods of appeal and cassation are missed, the recipient of alimony payments may file a claim with the court to increase the amount of money collected in favor of minors.

If the deadline for filing an objection is missed

It is possible to challenge the court decision by filing an appeal. For this, the parties to the process are given a period equal to 1 month after the decision was made by the court of first instance (Article 320 of the Civil Procedure Code of the Russian Federation, Article 259 of the Arbitration Procedure Code of the Russian Federation).

An appeal is filed with the judicial authority that made the decision to reduce alimony. Within 3 days it will be sent to the higher court (district).

If more than 30 days have passed since the decision was made, a cassation appeal is filed. It can be applied for within 2 months from the date the court decision enters into legal force. If a citizen was unable to file a complaint due to lack of information about the decision made or for a valid reason, it is necessary to prepare a petition to restore the missed deadline and submit it along with the complaint. The deadline for submitting documents is no more than 6 months from the date of entry into force of the appealed decision.

The form of the appeal and cassation complaint is similar; it can be drawn up according to the following example:

If the deadline for filing an objection or complaint is missed, that is, more than 6 months have passed since the decision was made, you will have to file a claim for an increase in alimony.

However, the law (Article 276 of the Arbitration Procedure Code of the Russian Federation) contains a clause: a cassation appeal can be filed within six months from the time when the person learned or should have learned about the violation of rights (for example, while abroad, on an expedition, if you previously learned about solution was impossible).

Recommendations

After receiving the claim documentation, you should carefully study it to develop a course of action in court. The defendant should insist that the changed circumstances will allow the plaintiff to fulfill alimony obligations to the same extent. The court must be provided with evidence that a reduction in the amount of alimony collected will negatively affect the interests of the minor. It is necessary to prepare a list of expenses for the child, attach checks, receipts, contracts confirming the expenses incurred.

But in addition to the interests of the child, the court will take into account the financial capabilities and new life situation of the alimony payer. If serious changes have occurred in his life that do not allow him to support his first child and new family at the same level, then the court will satisfy the claim.

Objections may relate to information presented by the payer in the claim.

So, for example, if in his application he refers to the fact of loss of work or a reduction in wages, but at the same time, the defendant knows that wages are not the only income of the payer and that in addition to wages he also receives other income, for example, from leasing the property, this information must be set out in the document.

Also, objections may be related to the impossibility of supporting a child with alimony in an amount less than what is usually paid. Such objections can be substantiated by providing the court with a monthly calculation of the necessary expenses for the child, including the cost of food, clothing, personal hygiene products, medicines, payment for kindergarten, etc.

After presenting all the objections, the petition part should be drawn up. In this part, you need to state your request to the court to maintain alimony in the same amount. At the end of the document, the person who compiled it must put his signature and transcript.

Lawyers' answers (1)

Based on Art. 81 RF IC:

1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents . 2. The size of these shares can be reduced

or increased by the court taking into account the financial or marital status of the parties and other noteworthy circumstances.

The new wife, despite being married, can apply for alimony. Also, they can enter into an agreement that will have the force of a writ of execution. Further, in accordance with paragraph 1 of Art. 119 RF IC:

If, in the absence of an agreement on the payment of alimony, after the amount of alimony has been established in court, the material

or the marital status of one of the parties,
the court has the right, at the request of either party, to change the established amount of alimony
or to exempt the person obligated to pay alimony from paying it. When changing the amount of alimony or when releasing it from payment, the court also has the right to take into account other noteworthy interests of the parties.

Thus, having in hand a court decision or an agreement to pay alimony to the new spouse, your ex-husband has the right to file for a change in the amount of alimony. but the court is not obliged to make such a decision, it is only its right. The likelihood that he will be refused is extremely low, since parents are obliged to support their minor children (Article 80 of the RF IC). If everything remains as before, the rights of the second child will be infringed. Thus, the court has the right to award 1/6 of the earnings to both children.

But if you have any circumstances that deserve attention, prepare an evidence base; the court may take into account various circumstances and may even refuse the claim, since the court takes into account the financial situation of both parties and other circumstances of the case. Best wishes!

With respect, Nadezhda.

22 November 2013, 15:27

Grounds for reducing alimony

Firstly

. you need to know in what cases the court has the right to reduce the alimony paid (their amount) on a legal basis.

According to the provisions of Part 2 of Art. 81 of the RF IC, the amount of shares of income collected for these purposes may be reduced by the court, taking into account the family, financial status (position) of the parties, as well as other circumstances worthy of attention.

Secondly

. The reasons for reducing the amount of alimony payments, both in shared and in a fixed amount, may be:

collection of child support for other children. spouses, parents;
significant deterioration in the financial condition of the payer, including loss of job, change of job/position to a lower paid one, complete or partial disability;
a sharp increase in the welfare of the alimony recipient (profitable employment, receiving high passive income, a good inheritance, transition to full state support);
trouble in the family (a serious illness that requires expensive long-term treatment of the payer of the maintenance or members of his family).

Only in such situations can the payer apply for a reduction in alimony payments with the provision of relevant evidence.

The listed grounds MAY be the reason for reducing the amount of alimony, but do not guarantee it!

Alas, in some cases even such circumstances can be fabricated and recipients of alimony need to know how to challenge the amount of alimony illegally reduced by the court.

Need a lawyer

Drawing up a reasoned objection requires the mandatory participation of a family lawyer. Our specialists will not only provide free consultation, but also help with the preparation of documents if necessary.

Seek qualified help right now and don’t delay filing an objection.

Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

The alimony payer has the right to take advantage of the provisions of Art. 119 of the Family Code (SC) in order to reduce court-ordered deductions.

Preventing the deterioration of the financial situation of children through an objection is the right of a parent raising children.

Therefore, many mothers write an objection to the reduction of alimony.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

What to do if your husband filed for a reduction in alimony

The right to apply to the court to reduce the amount of alimony (due to a change in financial or marital status) is granted to the payer by Art. 119 RF IC. He may demand a reduction in alimony, assigned both in a fixed monetary amount and as a share of earnings.

What does the procedure for reducing alimony look like?

Having decided to reduce payments, a man will act like this:

Collect evidence confirming the existence of grounds for reducing the amount of payments (birth certificate of a child in another family, certificate from work about low salary, medical documents, etc.).
Draw up a statement of claim. Will send you a copy of it and copies of its attachments.
He will file a lawsuit in the same court that made the decision to assign alimony, while paying the state fee.
Wait until the court sets the date and time for the consideration of the case to reduce alimony.
If his demands are satisfied, immediately after the court decision enters into force, the child’s maintenance will be reduced to the amount established by the court.

On what grounds can a claim for reduction of alimony be filed?

In order for the court to change the amount of payments, your ex-husband will have to provide compelling reasons. Among the circumstances on the basis of which the amount of alimony collected can be changed downward, they are set out in paragraph 20 of the RF Armed Forces Resolution No. 56. Among them:

The presence of other minor and (or) disabled adult children with the alimony payer, as well as other persons whom he is obliged to support by law.
Low income of the payer or loss of work.
Serious health problems for the payer or members of his new family, disability due to age, disability of group I or II without the possibility of employment at the same salary level.

On a note. For a person obligated to pay alimony, the court will definitely refuse to satisfy a claim to reduce the amount of payments if it indicates the reason for the increase in the salary of the child’s mother or the child’s receipt of any benefits from the state.

What to do to prevent alimony reduction

In your objection to your ex-husband's claim, indicate the positions with which you do not agree.
If your ex-husband has filed for a reduction in alimony, do not give up and do not waste time. Get ready to defend the interests of your minor child and collect evidence that can influence the court's decision.

Please note a few important points:

A change in the financial or marital status of a parent liable for child support is not an absolute basis for satisfying his claim - clause 57 of the RF Supreme Court No. 56.
The court must establish that the changes that have occurred do not allow the alimony payer to maintain payments in the same amount - clause 57 of the RF Supreme Court No. 56.
The court also has the right to take into account other noteworthy interests of the parties - Art. 119 RF IC.
If the amount of alimony previously established by the court is reduced, collection in the newly established amount is made from the date the court decision on this comes into legal force - clause 60 of the RF Supreme Court No. 56.

You will have to act depending on the situation:

If you have just received a copy of the statement of claim and the court hearing has not yet taken place, prepare an objection to the claim and submit it to the court.
In a case that has already been initiated, if you have grounds for changing the method of calculating alimony or increasing its amount, file a counterclaim.
A court decision has already been made in favor of the ex-husband - it can be challenged within up to 30 days from the date of the decision (an appeal is filed), and a cassation appeal can be filed within 1 to 3 months.

On a note. You will not have to pay a state fee for filing an objection and an application to cancel a court decision. If you entrusted the preparation of documents to a lawyer, and have an agreement on the provision of legal assistance with a receipt for payment of legal services, you have the right to recover from your ex-husband the expenses incurred in the case of reducing alimony.

How to win a trial

You found out that your ex-husband has filed for a reduction in alimony and you are not going to allow this. Follow the following algorithm to defend the rights and interests of your minor child in court:

Step 1 . Carefully study the statement of claim and evaluate the facts to which the alimony payer refers.

Step 2 . Your disagreement with the claim is not enough for the court to refuse to satisfy it. Therefore, evaluate each fact and highlight inconsistencies. Please note that all facts must be documented - if not, point this out to the court.

Examples:

The husband stated that due to the birth of a child in another marriage, he cannot pay alimony to your common son in the previous amount. But you know that his salary will allow him to support three more children - the court must be informed about this.
The man reported a significant decrease in income, but you know that he recently purchased a cool car - point out that the plaintiff provided the court with false information about the amount of his income.

Step 3 . Think through arguments that can convince the court that reducing the amount of child support will deprive your child of things he is used to or needs.

Examples:

If alimony is reduced from 10 thousand rubles. up to 7 thousand rubles, you will not be able to pay for your child’s activities or buy necessary medications. Prove that your child needs the same amount of payments - provide all checks and receipts for expenses for food, purchases of clothes and shoes, and additional education in clubs and sections.
Indicate that your income is lower than the plaintiff’s income and a reduction in the amount of alimony will significantly worsen the situation of the minor child. Attach a certificate of your income.
If a child requires expensive treatment, inform the court about this, prepare medical reports, certificates, prescriptions, recommendations, rehabilitation programs, and payment receipts.

Step 4 . File an objection to the claim. In the document, describe in detail exactly what you disagree with and why the amount of alimony cannot be reduced - a sample objection to a claim to reduce the amount of alimony (DOC 18 KB) will make the task easier.

Step 5 . Make sure you have evidence for every claim you make. If you need more time to collect them, you can ask the court for a delay (up to 5 days) or a postponement of the court hearing.

If you understand that with your own efforts you will not be able to obtain the necessary information, then, along with filing an objection, apply for the court to request the data.

Step 6 . If you have grounds to change the method of calculating alimony or increase its amount, file a counterclaim. The principle of compilation and requirements for registration are specified in Art. 131 of the Code of Civil Procedure of the Russian Federation, and you can also download a sample counterclaim for alimony (DOC 18 KB).

Filing a counterclaim will save time on court proceedings. The court will study the positions of both parties and the documents attached to the claim, offer you to enter into a peace agreement and even help you draw it up correctly.

If it is not possible to find a compromise, the court will make a decision according to its internal conviction, based on a comprehensive, complete, objective and direct examination of the evidence available in the case. If your counterclaim is denied, you have the right to file an individual claim.

Step 7 . Participate in court hearings and arrive on time. Objections can be filed at any stage - at the preliminary court hearing or already during the trial, but not later than the judge retires to the deliberation room to make a decision.

Step 8 . Wait for the court's decision. If it is not in your favor, you have the right to challenge it in a higher court.

What documents may be useful in court?

It is important that all the arguments you make have documentary evidence. Attach to the objection to the claim for reduction:

Certificate of your income.
Calculation of monthly expenses for a child, supported by checks and receipts.
Paid bills for kindergarten, private school, sports clubs, competitions, trips to a sanatorium, medical examination.
Expert opinions, audio and video recordings, witness statements.

You can provide photos from social networks confirming that your husband’s income allows him to relax in clubs, dine in restaurants, visit an expensive fitness club, etc. You can also ask the court to make inquiries about your ex-husband’s earnings from the Federal Tax Service, about his deposits in financial institutions, and about the property registered on him in Rosreestr.

Grounds for challenging a decision to reduce alimony

You can appeal the payer’s actions only if there are compelling legal grounds. In particular, if the plaintiff provided the court with knowingly false or distorted information, which served as the reason for changing the amount of alimony payments collected. At the same time, the defendant must prove the fact of falsification of these documents by presenting to the court refuting data and documentation, or by filing a petition for an examination and paying for its conduct. Only the recipient of these payments or his representative (by proxy) can challenge an unlawful reduction of alimony.

To competently appeal/challenge a reduction in the amount of alimony payments, the professional assistance of a qualified lawyer is required. Only a specialist in the field of family law (and in particular, alimony obligations) can correctly and legally formulate objections to a claim and an appeal/cassation complaint. Going to court on your own often risks the return of the complaint or leaving it without consideration/satisfaction.

Lawyers of the ICPI “Planet of Law” are ready to provide proper legal protection of your interests in full within the framework of the special program “ Alimony? - Elementary! " Call us right now!

The procedure and process for objecting to a reduction in the amount of alimony

Often the trial itself causes fear, and awareness of how everything will happen will help overcome it:

The plaintiff applies for a reduction in alimony. The judge considers it within 5 days, after which he sets a date for the hearing.
The defendant receives a summons to appear in court and is also invited to a preliminary hearing. It is not necessary to appear for the latter, but this particular procedure must be approached responsibly, since from the judge you can learn the essence of the claims and carefully prepare for the process. You can submit a petition to postpone the hearing (no more than 5 days) or to postpone the date of consideration of the case if it is impossible to appear at the main hearing to collect evidence.
The case is considered on the appointed date. You can file an objection to the claim at any stage of the trial, but only until the judge retires to the deliberation room.
After the result is announced, the disagreeing party has the right to appeal the court’s decision.

How to challenge a reduction in alimony?

Unfortunately, very often alimony payers try in every possible way to evade their obligation (at least partially) and do not disdain any tricks for this purpose. The most common among them is the reduction of collected alimony payments for various reasons.

Naturally, this turn of events does not suit the recipients of alimony. Moreover, they must know how to protect their rights from illegal actions of other participants in alimony legal relations.

Grounds for objecting to a statement of claim for the recovery of alimony

An objection to a statement of claim is a response to the claim. It is drawn up in writing and filed with the court in response to the claim.

In the response, the defendant must indicate his opinion regarding the claims. If there are expressions for requirements, they must be indicated.

Objections can be divided into:

clarification of claims (reduction of amount);
challenging the plaintiff's claims (request to refuse to satisfy the claims).

If funds are collected for the maintenance of a minor child, then the requirements can only be clarified. The exception is the collection of material security for the past time. In this case, the defendant can prove that he previously performed financial responsibilities for the child.

Example. Citizen E. filed an objection to the claim of his ex-wife. The woman wanted to collect maintenance for her common minor son. In the lawsuit, she indicated that after the divorce, the man did not transfer money to the child or provide assistance. As a result, she demanded to recover funds for the past time. In his objection, the man indicated that after the divorce he moved to another city. I really didn’t transfer funds for my son, because I was looking for a job and renting an apartment. There was no money left for payments. But the ex-wife did not demand payments. Moreover, she refused any offers of help. Witnesses were invited as evidence, and receipts for the return of unreceived parcels for the son were included. The court made a decision to collect alimony for a minor child, excluding the past period.

Grounds for objecting to the claim:

The flat amount requested by the plaintiff is too high.
The payer has other dependents (official payment of alimony according to a court order or writ of execution in favor of the child, parents or other recipients).
The parent was deprived of paternal or maternal rights.
The parent did not perform his or her duties properly.
The parent had a large child support debt.
The stepmother or stepfather lived with the stepson/stepdaughter for less than 5 years.
The spouse/ex-husband lost his ability to work due to his guilty actions (alcohol, drug abuse).
The couple had been married for less than 5 years.
The ex-husband has already remarried.
Grandparents have children who do not provide them with financial support.

The list is not final. Depending on the specific situation, there may be other options for refusing to satisfy claims or reducing the amount of payment.

Application deadlines and registration rules

The defendant in the claim of the alimony payer is the recipient of alimony. He is sent a summons with notification of the date of the preliminary hearing. The countdown begins from the day it is received.

If the defendant did not meet the deadline allowed by law, there is an opportunity to correct the situation in other ways:

before the expiration of 30 days from the date of the court decision, in accordance with Art. 320 Code of Civil Procedure file an appeal;
within up to 2 months after the decision comes into force, apply for cassation;
up to six months - during this time they apply for restoration of the period missed for filing a protest, if the reason is valid;
after 6 months they go to court with a claim to increase the amount of alimony payments.

When registering, adhere to the rules for conducting business correspondence:

The upper right corner of the sheet contains information about the details of the participants - the court, the plaintiff, the defendant, and the case number.
Below is the title of the document and the essence of the appeal with references to the law.
3. Next is a request to the court not to accept the alimony payer’s arguments.
4. Supporting documents are attached to objections.

The application is presented to the secretary of the court session in person or by mail - regular, electronic through the State Automated Justice System.