Alimony for two children

The leader of advisory and legal forums remains the question of how to reduce the amount of alimony in connection with the birth of a second child. I would like to give the most extended answer to this.

Unfortunately, the topic related to divorce and the nuances regarding child support payments does not lose popularity. Marriages break up, and parents eventually enter into new relationships in which children are born together. Automatically, the parent, in most cases this is the father, must support both the children from the previous marriage and the current one. Material wealth is significantly reduced due to increased expenses, and hence the need arises to reduce the amount of alimony paid. The question of how to reduce child support for the first child at the birth of the second is regulated by law under Art. No. 119 IC of Russia.

General information

In such situations, the mothers of the first child feel indignant due to the fact that the amount received earlier may be less, and it is unknown how much. Many women are incompetent in this matter and show zealous dissatisfaction, the ex-husband did not change jobs, the salary was not reduced, why is alimony less? Of course, they can be understood, because the interests of minors suffer. Fathers who pay alimony very rarely take a direct part in teaching, raising or spending joint leisure time with the child, “dry” alimony and that’s it. Despite this, the situation is ambiguous and is regulated by law. The laws stipulate that the interests of not only the first child, but also the father himself and the second child in particular must be taken into account. This applies to moments when the second child also receives child support payments. Fair redistribution of material resources between children born in different families is regulated by legislative acts.

Procedure for reducing alimony

Judicial order

If alimony was previously ordered by the court, the application is submitted by the father of the children for whom he pays maintenance.

If the payer decides through the court to reduce the amount of money paid for the maintenance of his children, he files a claim in the magistrates or district court, which depends on the price of the claim. It can only be filed at the defendant’s place of residence, i.e. mother of her child.

The claim presents arguments that the plaintiff considers grounds for reducing the amount of alimony, and attaches evidence to substantiate his arguments.

The following documents must be attached to the claim:

• about marriage (certificate of conclusion, divorce);
• for children (birth);
• on the payment of alimony (court decisions or orders);
• on enforcement proceedings for the collection of alimony;
• about income (if it decreases);
• medical documents;
• about new dependents (if any);
• confirming other circumstances on the basis of which the plaintiff requests a reduction in alimony;
• on payment of state duty;
• a copy of the claim and attachments for the defendant and the third party.

When filing a claim, the alimony holder must pay a state fee, which must be calculated based on the cost of the claim - the amount by which the plaintiff asks to reduce alimony for the year. If the value of the claim is less than 50,000 rubles, then the claim is filed in the magistrate's court, if more - in the district court.

If previously a deduction was awarded for payment in proportion to earnings, then even after their reduction, payments will remain in shares.

If the payments were awarded in a fixed amount, then, if the father’s demands are satisfied, this amount will be reduced by the court.

If the father pays alimony according to an agreement concluded between him and his ex-wife, certified by a notary, then it is possible to reduce its amount only by agreeing on this with the ex-wife. If you manage to reach such an agreement, then you need to draw up an additional agreement and have it certified by a notary.

If, as happens most often, the other party does not agree to reduce alimony, then the court will not be able to reduce its amount. The only way out is to try to terminate such an agreement through the court.

In such situations, the mothers of the first child feel indignant due to the fact that the amount received earlier may be less, and it is unknown how much. Many women are incompetent in this matter and show zealous dissatisfaction, the ex-husband did not change jobs, the salary was not reduced, why is alimony less?

Of course, they can be understood, because the interests of minors suffer. Fathers who pay alimony very rarely take a direct part in teaching, raising or spending joint leisure time with the child, “dry” alimony and that’s it. Despite this, the situation is ambiguous and is regulated by law.

The laws stipulate that the interests of not only the first child, but also the father himself and the second child in particular must be taken into account. This applies to moments when the second child also receives child support payments. Fair redistribution of material resources between children born in different families is regulated by legislative acts.

There are several options here. Everything will depend on what payment procedure you have now: - If you have a notarial agreement with the child’s mother, you will have to draw up a new agreement. It will be possible to indicate the amount that suits both parties. Then the new agreement will need to be certified by a notary.

If someone disagrees with the new conditions, then they will have to go to court. — When going to court, you need to draw up a statement of claim. It is important to indicate in it the circumstances due to which you want to reduce the amount of payments. You also need to indicate the current payment amount. The court will study all the circumstances and make a new decision.

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The appearance of a child in a new family is a reason to reduce child support from the ex-wife.

Options for reducing alimony

1. Reducing the amount of alimony in the presence of shared standards.

Let's consider a way to reduce child support from a first marriage with shared alimony. As you know, Article No. 81 of the RF IC regulates shared alimony payments. For the first child, 1/4 of the payer’s total income is provided. For the second child, this part will be 1/3, respectively, for two children it is 1/6 for each. The calculations are elementary in nature and are based on the fact of a consistent decrease depending on the number of children to whom alimony is paid. Preference is not given to any one child in particular, but child support payments are distributed proportionally. Even in court proceedings, there is a 98% guarantee that a reduction will be decided based on the relevant facts and laws. Although it is not excluded that decisions may leave the issue without consideration and changes.

Another important factor influencing the reduction of alimony in connection with the birth of a second child is the presence (provision) of a writ of execution for the collection of alimony for the first. In principle, the Family Code spells out absolutely all the responsibilities of a parent (in case of divorce) regarding the maintenance of their children, and the payer is obliged to provide financial support regardless of the presence of a court decision. In the courts, this is explained by the fact that documentary evidence of these actions on the part of the parent is necessary. In fact, in order to reduce child support for the first child at the birth of the second, and for the second at the birth of the third, and so on, you need to provide documentary arguments. Depending on the number of children and the alimony paid for them, the number of trials is determined. To obtain a writ of execution for a second (third) child you need:

• have a writ of execution or a court decision;
• order from the court;
• an agreement made between parents regarding child support payments.

Although a court order is not entirely correct in these situations, its execution, nevertheless, can take a maximum of 5 days. As for the voluntary agreement, it is equal in legal force to a court decision. During legal proceedings, it is perceived critically, because it was drawn up on a voluntary basis, and when considering the issue of reducing alimony, the father’s reputation looks tarnished.

2. How to reduce child support for the first child when paying in a fixed amount.

The situation is regulated by Art. No. 83 of the IC of Russia, taking into account the need to preserve children’s primary standard of living. From a procedural point of view, the whole process is practically the same. The wife and mother of the second child files a claim for alimony, proving the deterioration of the debtor’s financial situation, a change in family composition, etc. Next, a claim is filed against the mother of the first child in order to reduce child support. This is a more serious task than with equity payments and the results may be unpredictable. Important evidentiary factors are:

• individual calculations of the parties;
• evidence base of the reality of the calculations performed.

It is within the competence of the court to establish the correctness of the study and assessment of the level of income of both parties, taking into account the present needs for alimony, the amount of which is indicated in the claims. Typically, the proceedings concern an insignificant level of alimony, which is close to the subsistence level, and sometimes less. Strong arguments on the part of the debtor-alimony payer may be:

• the total amount of contributions for two children is more than half of the income, which is unacceptable by law;
• the remaining amount in the payer’s hands is less than the subsistence minimum;
• violation of children's rights due to uneven distribution of funds.

Sometimes, even with all the legality and validity of the arguments, the court may ignore them or be skeptical. To a greater extent, the attention of court representatives is focused on the submitted documents from places of official employment and data on legalized income. On what basis is the balance determined to establish specific amounts for payments.

3. How to reduce alimony if there is an agreement.

The cardinal difference between a court decision and an alimony agreement is its voluntary origin, since its opposite is forced. In accordance with legislative norms, changes to the agreement between the parties are allowed by drawing up a new sample or making additions to the old one.

As life practice shows, it is very rare that the mother of a child voluntarily goes to a notary to officially certify the fact of a reduction in alimony upon the birth of a second child in another family. Therefore, in such a case, consideration of the issue of termination of the agreement through judicial proceedings is provided. The very birth of a second child is a compelling fact for making appropriate changes.

Questions and answers

Andrey I divorced my wife 6 years ago. We have a son from our marriage, he is now 4 years old. After the divorce, my wife went to court to oblige me to pay alimony. The court found that I must give 14 of my salary. I've been crying all this time. After the divorce, 2 years later I married again. We live together with my new wife now, we have a daughter.

Answer: One of the parents can indeed file a claim in court to recover child support. At the same time, you can also be married, because alimony is collected specifically for the child. The total amount of child support for two children should be 13 of your income. It turns out that for each of your children you will pay 16 parts of your income.

I'll show you with an example. Let's imagine that your salary is 60,000 rubles. Previously you paid 14 installments. It turns out 60,000*14=15,000 rubles. This means that previously you had to pay 15 thousand rubles a month for your first child. Now you will pay 16 installments for each child, 60000*16=10000. It turns out that you will now pay 10 thousand rubles for your son.

Oksana My husband and I recently had a child. I don't work, my life completely supports me. The husband has 2 more children from another marriage, he pays them alimony. It turns out to be quite a large amount from the family budget. Tell me, is it possible to somehow reduce the amount of alimony for children from another marriage?

Answer: According to the law, the amount of child support for two children is equal to 13 parts of the parent’s income. For three children or more, this amount changes to 12 parts of income. In your situation, the amount of alimony will not decrease in any way. Now I will show this with an example. Let's imagine that your spouse's income is 60,000 rubles per month. Now he pays 13 parts of this income for two children from another marriage, which turns out to be 60,000 * 13 = 20,000 rubles.

If you apply for alimony, then your husband will have to pay 12 parts of his income for three children, 60,000 * 12 = 30,000 rubles. That is, the husband must pay 30 thousand rubles in total for all three children. For each child it will be 10 thousand rubles. For two children from the first marriage you will get the same 20 thousand rubles. Therefore, in your situation there is no way to reduce the size.

Ivan I have a difficult difficult situation. A year ago I had a casual relationship with a woman, she became pregnant. Recently there was a trial at which I was recognized as the father, a DNA test confirmed it. Now this woman has filed a claim in court to collect alimony from me. She wants me to pay her the amount of the cost of living in the region.

Answer: This girl can ask for any amount in her statement of claim, but the court will not satisfy her. The court will examine all the evidence you present and make a decision based on the law. In your situation, be sure to make copies of the tax returns you filed. Also print out the amount of income from the accounting you keep.

Sergey and his wife lived together for 6 years, from their marriage we have a daughter. When we were getting divorced, we drew up an agreement that I would voluntarily pay money for the maintenance of my daughter. I was doing business at that time, my income was very good, so we decided that I would pay 40,000 rubles a month. I paid everything in good faith for 4 years.

Answer Your story falls under one of the points for reducing the amount of alimony that is provided for by our laws. You have experienced a significant change in income. You do not refuse to pay, so they cannot open a criminal case against you. The amount of alimony that you propose to pay is 10-15 thousand rubles, this is a very good amount of alimony. If you do not have a regular income, the court will most likely order you to pay

fixed amount

per month. Typically, this amount depends on the cost of living in your region. Typically, the amount of alimony does not exceed 3-5 thousand rubles per month. Explain this to your wife, I think she will agree that 10-15 thousand monthly is much better than 3-5 thousand.

Anastasia My ex-husband wants to reduce the amount of alimony. Previously, he worked as a deputy director in a large company, then it went bankrupt and he was fired. Previously, he paid me and the child 30 thousand rubles a month, but now he can’t even pay 10 thousand. Tell me, can he reduce the amount of payments or is this a violation of our rights?

AnswerYour husband will indeed be able to reduce the amount of alimony, since he has had a significant change in income. To do this, he will have to go to court.

Vladimir My ex-wife a year ago went to court to force me to pay alimony for our son. The court said that I must pay 25% of my income. I have two jobs now. In the first one, the salary is very high, I get about 300 thousand rubles a month. It turns out that I have to pay 75 thousand a month for alimony.

I don’t want to do this, it’s a very large sum, I think my wife will spend this money on herself. I am ready to pay for my child’s kindergarten, school, buy things, toys, pay for treatment, etc. But I don’t want my wife to spend all her money on jewelry, clothes, beauty salons, etc. At my second job, my official salary is only 20 thousand. Is it possible to create a second work book and show income of exactly 20 thousand? And buy everything else for the child as gifts.

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AnswerBy law, you must pay 25% on all your sources of income. If the bailiffs have a writ of execution, they will most likely find both of your jobs, especially since you say that at your first job you have such a high salary officially. This means that contributions are being made to the pension fund; the bailiffs will definitely detect this.

The Family Code of the Russian Federation is rightfully considered the key regulatory legal act regulating marriage and family relationships and the obligations of legal representatives. Art. 80 of the code establishes the obligation of each spouse to support their children who have not reached the age of majority. That is, it does not matter whether the parents are married or divorced. There are children - there are obligations.

IMPORTANT !!! In case of refusal of material content, legal proceedings may follow, the result of which in any case will be the assignment of duties.

Article 81 of the above-mentioned act determines the amount of software required.

Other methods for reducing alimony payments

There are other ways to reduce alimony payments upon the birth of a second child in a second family.

1. The defendant has the right to prove that the alimony paid to him for the first child is not spent in accordance with its intended purpose. According to this, a special application is submitted to the guardianship and guardianship authorities, on the basis of which they are obliged to conduct an appropriate check in order to clarify this fact.
2. The defendant can transfer the money to a specific bank account, which children can use when they reach adulthood.
3. There is a documented fact of disability of a family member.
4. Obtaining disability by the defendant-alimony payer.
5. Identification and diagnosis associated with a serious illness and, as a fact, the inability to receive official income (documentary evidence).
6. The first child reaches adulthood.
7. The defendant has other dependent family members (disabled parents, etc.).
8. The child receives full support from state funds.

Grounds for reducing the amount of alimony

One dependent is entitled by law to a share equal to 1/4 of all deductible income of the parent. This can be quite a significant amount. For example, if a man’s salary is 100 thousand rubles, the amount of alimony will be 25 thousand rubles. Therefore, the question of how to reduce the monthly amount deducted is so relevant. Article 81 of the RF IC states that:

• for 2 children the father is obliged to transfer 1/3 of his earnings;
• if a third or fourth offspring is born, they are collectively entitled to 1/2 of the income of the separately living parent.

Thus, when a second child is born by another woman, the father has legal grounds to reduce the amount of alimony. To begin the adjustment procedure, the parent must:

• pay the state fee (currently valid details are issued at the court secretariat);
• prepare copies of birth certificates of both heirs, a certificate of new marriage;
• obtain a certificate from the housing authority stating that the newborn lives with the plaintiff;
• contact the accountant at your place of work with a request to provide information about wages and deductions made from it.

A fixed amount is established if the parent does not have a regular income and a permanent place of work. The amount of the payment is calculated as a multiple of the minimum subsistence level, which is officially approved for the child in the region where he lives. The grounds for reducing fixed alimony do not differ from those established by law for shared payments. The parent needs:

• collect the above package of documents;
• prepare a statement of claim in two copies;
• contact the magistrate of the area in which he is registered.

If the representative of the law considers the father’s arguments to be justified, he will decide to assign a new fixed amount of alimony.

Parents who file a claim to reduce child support do not always understand whether their demand is justified or not. Therefore, it is worth taking a closer look at this issue. So, the law provides for a downward recalculation of the payment if:

• the payer had a second child;
• a man was injured, as a result of which he was diagnosed with a disability of 1 or 2 groups;
• the payer has another disease due to which he has completely lost his ability to work;
• the father of a child who is dependent on a disabled family member (mother, father, brother or sister), who, due to health conditions, requires constant care and financial support from an “alimony provider.”

Taking out a large loan or mortgage by a man who has obligations to a child is not grounds for reducing the monthly payment. It will not be legal to demand a reduction in alimony until the man is assigned to deduct funds for the maintenance of the second heir.

The state protects the rights of children first and foremost. In this regard, judges are reluctant to reduce the amount of alimony initially established by an order or decision. To convince a representative of the law to reduce the payment by divorcing his first wife and being in another marriage, you need to have really weighty arguments.

Before talking about reducing alimony payments after the birth of a second child, it is necessary to separately discuss the nuances of their purpose. The right to obtain child support arises immediately after the birth of a child. It does not matter whether the spouses are in an official marriage or a civil marriage, whether they live together or not. Even if they are in a registered union, the spouse has the right to file for alimony without resorting to divorce proceedings.

Current legislation provides for two methods for calculating alimony payments:

1. In a fixed amount.
2. In percentage terms.

Fixed payments, as a rule, are prescribed if it is impossible to determine the father’s income. He can be considered unemployed, while hiding unofficial wages, the receipt of which is almost impossible to prove. Since the interests of the child come first for the judge, alimony payments are assigned equal to one subsistence minimum in the region.

If a citizen is officially employed, it is possible to assign alimony payments as a percentage:

• 25% per child.
• 33% for two children.
• 50% for three children.

Thus, if a man has one child, he will pay 25% of the salary. All transfers are carried out by accounting specialists, i.e. The alimony payer will be able to see payments only on the pay slip.

When a child appears in a man’s second marriage, his wife has the right to file for alimony. Let us repeat, it does not matter whether the marriage is official or civil. Only filing for alimony for the second will help reduce child support for the first child. At the same time, spouses can live together and maintain a common budget. That is, in fact, alimony will return to the family.

If we talk about how much the payments for the first child will be reduced, it is worth immediately remembering the interest assigned to each minor. For the first child, the father pays 25% of the salary. As soon as the mother of the second child applies for child support payments, they will increase to 33%. Each child will receive 16.5%. This means that child support for the first child will decrease by 8.5%.

Example. Citizen Solodov receives a salary of 30 thousand rubles. From this amount, alimony for the first child is calculated in the amount of 7,500 rubles. Solodov’s second wife requested payment of funds for their common child. Thus, the total amount of alimony for two children is 9,900 rubles. The ex-wife and the current wife will each receive 4,950 rubles for their children. The savings will be 2,550 rubles.

This method can only be used by going to court. The spouse must file a claim to recover alimony payments.

A previously made decision to assign alimony in a fixed amount can be revised if the father has an official income. For example, he got a job or registered an individual entrepreneur. Thus, the man can count on the assignment of payments as a percentage.

Example. Citizen Fomin, by court decision, is obliged to pay alimony for his first child in the amount of 11 thousand rubles. This amount was assigned due to the lack of information on income; it is equal to the subsistence level. Fomin marries a second time and has a new child. Subsequently, the citizen gets a job, his official salary is 20 thousand rubles.

Since the amount of alimony is too large, Fomin has the right to file a lawsuit asking to change the method of collecting payments. At the same time, Fomin’s second wife is filing for alimony against him. As a result of court proceedings, the citizen is obliged to pay 16.5% of the salary for each child. The amount of payments for the first child will be reduced to 3,300 rubles.

You can apply to change the payment method as soon as the father gets an official job. You can request to replace a fixed amount with a percentage at any time. Alimony payments should not exceed 50%. The law is to protect children, but no one has the right to deprive parents of their means of subsistence.

Alimony payments are not always ordered by the court. When the former spouses can come to a mutual agreement, they have the right to turn to a notary to formalize their agreements on paper. This happens by drawing up an alimony agreement.

Under the terms of the alimony agreement, payments can be made either in a fixed amount or as a percentage of wages. The decision here is made only by the former spouses, subject to mutual consent.

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When a child appears in another marriage of the former spouse, he has the right to discuss a reduction in payments for the first child with the previous wife. If the woman makes concessions, the former spouses will be able to resolve the issue without litigation. To do this, they will need to draw up an addition to the alimony agreement, which must be notarized.

If the ex-wife does not want to reduce the amount of alimony payments voluntarily, it is necessary to file a claim in court. Its purpose will be the early termination of the alimony agreement and the appointment of new payments in court.

Judges often refuse to terminate an alimony agreement, citing its voluntary signing by both parties. However, some time after the document was drawn up, the plaintiff’s financial situation may have changed, which does not make it possible to fulfill the agreements in full. This directly relates to the appearance of a second child.

In the case where there is a redistribution of alimony between children, it is clear that the total amount of payments will not decrease. But 1/3 of the income will remain in the family, and 1/6 will be transferred to the ex-wife.

If the reduction is not related to the emergence of child support obligations for the 2nd and 3rd children, then the court reduces the retained share at its discretion, based on the actual circumstances of the case. Therefore, it would be incorrect to name the specific value of the new share. Moreover, no two cases are absolutely identical. And there are not many similar ones.

Article 81 of the Family Code of the Russian Federation

When fathers and their new wives are faced with the question of how to reduce alimony if a second child is born, they most often believe that if another child is born in a new marriage, they have the right to demand a reduction in deductions from their earnings from 1/4 to 1/6 , referring to Art. 81 of the Family Code of the Russian Federation.

However, the mere fact of the birth of children will not force the court to reduce the payments awarded earlier if the father’s income level remains the same.

Rules for filing claims

A statement of this kind requires the following information:

• personal data of the plaintiff and defendant;
• a brief summary of the issue;
• contact details of both persons (addresses, telephone numbers, email addresses);
• information necessary to consider a specific situation.

A claim to reduce the amount of alimony can be filed by a person who is married or who is officially divorced at the time of filing.

The application is submitted to the judicial authorities located directly at the place of registration of the person who is entrusted with the obligation to pay alimony. If for some reason this is not possible, then the filing on behalf of the plaintiff can be made to the court at the place of his own residence. This can be done either in person or by mail (regular, or better yet, registered mail).

There is a simplified form created by the legislation of the Russian Federation for the collection of alimony payments using a court order. The person concerned must apply to the local judicial authorities to obtain such an order against the person obligated to make such payments. The review of such a document is much faster and the response to it is also faster. If the defendant receives any objections, the process of considering the court order will be canceled, and the final outcome of the case will be decided within the framework of the lawsuit.

Temporal order of reduction

In accordance with Article 209 of the Code of Civil Procedure of the Russian Federation, Part 3, the reduction in the amount of alimony is made from the moment the court decision takes legal force. It is sometimes confusing that this process begins when the claim itself is filed. This is incorrect; this formulation concerns the collection of alimony, and not the change in its size. In fact, the mother of the first child can independently delay the period for reducing alimony by not filing an appeal.

In these cases there are some nuances:

1. The birth of a third child cannot influence the process of reducing child support payments for the previous two. The calculation is elementary in nature - exactly half of the total income is allocated to three children and 1/6 is distributed to each;
2. The birth of a fourth or subsequent children will change the amount of payments. Alimony can be either reduced or redistributed in the following order:

• for 4 children (50% of total income) – 12.5% ​​for each child;
• for 5 children (50% of income) – 10%.

Since exactly half of the earnings is considered the maximum extreme amount, all deductions are based on this indicator.

Paying taxes when filing a claim

Almost any legal proceedings involve the payment of certain types of tax. In this situation, this is a state duty. There is no clear indicator, and its size depends on various factors:

• the real cost of a claim to reduce alimony;
• the price of a claim of a property nature (not subject to assessment);
• the specific value of the claim based on a non-property issue.

The issue is regulated by Article No. 333 (19) of the Tax Code of the Russian Federation, and calculations are carried out on an individual basis based on the current situation.

Examples of refusal to reduce the amount of alimony

Every situation has its pros and cons. Even in this case, there are options when child support for the first child may not be reduced due to the birth of the second. The court may not satisfy the claim in the following cases:

• the defendant-alimony payer has a source of income that significantly exceeds the approved subsistence level;
• During the trial, evidence was provided confirming the fact that the debtor lives together with his new wife, their official marriage and the existence of a joint budget;
• the court will establish that the defendant has an official income that will allow him to provide for both the first and second child without the need to revise alimony downwards.

If such facts exist, then the official recipient of alimony has the right to submit the necessary documents, which include:

• original statement of claim with evidence base;
• copies of marriage and divorce certificates, notarized;
• notarized copies of children's birth certificates;
• documents confirming the fact of a change in the financial situation of the alimony payer;
• copies of writs of execution for the collection of child support payments;
• a copy of the court order itself;
• if available, a copy of a voluntary agreement on child support payments for minor children;
• necessary certificates from medical institutions about the defendant’s health status (if necessary);
• original certificates of official sources of income, certified by the management of enterprises/organizations;
• extracts from the house register and copies of personal accounts (all notarized).

It is worth noting that the child’s mother has the legal right to challenge the application for a reduction in child support based on compelling reasons and evidence. Depending on the volume of evidence, the judicial authorities will either make a new decision or refuse in favor of the previously issued one.

Description of the judicial procedure

In most situations, the procedure for reducing child support after the birth of a second child requires going to court twice:

1. Application from the official spouse with a request to appoint alimony for the second child.
2. Revision of the amount for the first child born in a previous marriage, taking into account the existing court order.

If you ignore the first stage, the court will most likely reject the payer’s claim due to the lack of sufficient documentary grounds. The absence of a legal relationship with the mother of the second minor is not a reason for refusal if the payer is indicated as the father on the birth certificate.

An amicable agreement concluded with the second spouse on the payment of alimony with mandatory notarization can replace the initial appeal to the court. It is necessary to take into account that this document is legally significant, and in any situation, regardless of income and further relations between the spouses, the father officially assumes obligations in exactly the amount of money specified in the agreement, but not less than the amounts required by law (1 /4 of income per child).

Having received an order or a settlement agreement, the stage of preparation for a new trial begins. Success depends on how competently the claim document is drawn up and the weight of the argument.

Application requirements

If you have no experience in drawing up such documents, it is better to seek legal help, since it is necessary to comply with the format of the document, and also take care to include in the text references to family and civil legislation, on the basis of which the plaintiff has the right to demand a reduction in payments.

The structure of the document includes the details of the parties, the correct definition of the name, and the addressee of the appeal, standard for this type of document.

The following text provides a description of the current situation with payments with reference to the documents on the basis of which payments are made. Next, they formulate their demands to reduce the amount of payments in favor of the first child, taking into account the circumstances with income and expenses at the moment (the appearance of a new dependent and the increase in expenses of the new family).

Download a Sample claim to reduce the amount of alimony (29.0 KiB, 464 hits)

An example of an application to the court to reduce the amount of alimony (30.0 KiB, 441 hits)

Filing a claim

A prepared statement in a number of copies equal to the number of interested parties, as well as prepared attachments documenting everything that is reflected in the claim, is submitted to the magistrate’s court. The preferred place of consideration is the court at the address of the first child's residence, however, if circumstances make this impossible, the claim is filed at the address to which the new dependent is attached.

You should not go to court without a thoroughly prepared base of arguments, calculations, and supporting papers. The judge must find the father's arguments convincing and the evidence sufficient to satisfy the plaintiff's claims.

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When the court office accepts the statement of claim, the papers will be reviewed and the possibility of considering the claim will be determined. All parties who are in one way or another interested in alimony payments will be invited to the court hearing. The court will notify the date and time in advance so that the plaintiff, as well as mothers representing the interests of minors, plan a visit to the court and prepare, if possible, to express their position.

If the court finds the reasons for the reduction compelling, there is a high chance of the claim being granted. However, due to the individual characteristics of a particular case, a positive outcome cannot be completely guaranteed.