Reducing alimony: procedure, assistance from a lawyer

Reducing the amount of alimony is an issue of concern to many. Our alimony lawyer in Yekaterinburg will help you draw up and submit an application for a reduction in alimony. , whose practice includes not only alimony obligations, but also protection in all family issues, be it divorce, division of marital property or disputes about children.

ATTENTION: our family lawyer will tell you how to reduce the burden of alimony in the event of the birth of another child or a change in the significant circumstances of the payer’s life.

Grounds for reducing alimony

The appearance in the family of the alimony payer of a person whom he, on the basis of the law, must support (disabled relatives, children from another marriage and other dependents, a reduction in alimony at the birth of a second child). In our opinion, this is the most common case of going to court with the issue under consideration, because the birth of a child in a new marriage entails a number of expenses and the need to support one more, and maybe more than one, child. The amount assigned by the court or the established percentage of income will not be automatically revised without filing a corresponding application. It is important to initially establish alimony in a similar manner by order, agreement or court decision. Parents living together and having a registered marriage will not affect this in any way. Alimony can also be established during marriage. Only then go to court. Otherwise, the claim will be rejected.
A decrease in the income of the alimony payer, as a rule, refers to situations where alimony obligations are not tied to wages, since a decrease in wages already reduces the alimony burden, because with a constant and regular income, a percentage is assigned, which is calculated from the payment.
The payer of alimony is disabled in groups 1-2 or became disabled after alimony payments were assigned (the basis for reducing alimony is an increase in expenses for one’s own maintenance and treatment, which increases due to the acquisition of disability). In the trial itself, it is necessary to additionally emphasize that as a result of illness, the list of positions for which it is possible to find employment is limited for you. Moreover, this narrow range of jobs is low-paid.
Often the child himself, for whom alimony payments are established, is able to provide for himself no worse than the alimony payer himself, so a reduction in the amount of alimony can occur when the child reaches the age of 16 years, he is employed, when he begins to receive a stable income, which is enough for his maintenance and education.
The emergence of property (inheritance) for the recipient of alimony, which began to generate considerable income, increasing the level of security and well-being.
The list is not closed; you can learn more about the reasons for starting to act towards reducing alimony obligations during a consultation with our lawyer who deals with these issues. Indeed, in the case of alimony, the court must assess the property status of both parents, including the recipient of alimony. Yes, the law defines the obligation to pay alimony, however, its amount is not clearly defined. There are only some frameworks (conventions). Therefore, everything will be decided in a private adversarial trial.

SETTLEMENT AGREEMENT: We are ready to try to resolve your family conflict on the issue of reducing the amount of child support peacefully; this area of the lawyer’s activity is called mediation, within the framework of which an agreement is reached between the parties that suits the conditions of all participants. If it is not possible to resolve a dispute about reducing child support amicably between the payer of alimony and the recipient, then you have to go to court with an application and resolve this problem in court.

Grounds for which the amount of alimony payments cannot be reduced:

when the alimony payer refers to a significant increase in the income of the parent, the new family in which the child lives.
the acquisition of property by the recipient of alimony, which should generate income, but is not used to obtain it, and, therefore, does not provide additional opportunities for its owner to improve their well-being.

What circumstances help reduce the amount of alimony?

Alimony payments will be reduced if the payer’s financial or marital status has changed - Art. 119 SK. Thus, the alimony holder has the right to demand a reduction in payments if the following circumstances exist:

The payer had a second child.
The alimony worker lost his job.
Required to pay child support for other children.
The payer has been declared disabled and needs expensive medical care.
The alimony payer's income has decreased significantly.

Note. It is possible to change the amount of payments only in court. Parents cannot agree on a reduction without fixing it by law. If payments are made under an alimony agreement, then in order to reduce it, it should be adjusted and certified by a notary.

In order for the court to satisfy the claims, the plaintiff will need to prove the grounds for reducing payments. For example, provide a certificate from your place of work, a document confirming the assignment of disability.

Loss of a job is a basis for reducing the amount of alimony payments

Procedure for reducing alimony

Let us remind you that a reduction in alimony payments is possible by filing a claim in court, based on the above. But during the process you will have to answer questions regarding the reduction of alimony. In addition, you need to prove to the court that the reduction in alimony will not in any way affect the maintenance of the child in whose favor it is paid. In addition, it is difficult to calculate the state fee when filing this application. That is why more and more people are turning to us to have our specialists solve the issue under consideration.

Do they pay a state fee when applying for alimony in 2021?

In 2021, no significant changes were made to the norms of the Tax Code of the Russian Federation, therefore, as over the past 10 years, a fee must be paid to consider an application for alimony. However, clause 2, part 1, art. 333.36 of the Tax Code of the Russian Federation regulates that when filing an appeal the fee is not paid, plaintiffs are exempt from such obligation.

Attention

The financial burden of transferring money to pay off the alimony fee in 2021 falls on the defendant, that is, the parent from whom monthly payments are supposed to be collected. This rule is reflected in Part 1 of Art. 103 Code of Civil Procedure of the Russian Federation.

In Part 1 of Art. 103 of the Code of Civil Procedure of the Russian Federation, we are talking not only about the payment of state duty on alimony, but also about other legal costs. Thus, at the end of the proceedings to establish maintenance for the needy offspring, all expenses incurred by the plaintiff in the process of the case are recovered from the defendant. Costs include payment for the services of lawyers, representatives, translator, and expert.

How to file a claim for alimony reduction?

A claim for reduction of alimony is drawn up according to the general rules established by procedural legislation and must contain:

the name of the court where the claim will be filed;
information about the plaintiff who is filing a claim in court, namely, full name, residence address, telephone number, email. mail if available;
information about the defendant, also full name, address of residence, if the telephone number is known;
indication of the price of the claim, i.e. the amount of alimony to which the plaintiff asks to reduce it;
after indicating the above information, name your procedural document “statement of claim”;
in the text of the claim, state the circumstances that served as the basis for going to court, namely, when and in connection with what alimony was collected from you, on the basis of what judicial act, what has changed in your life circumstances, because of which you are going to court for reduction of alimony, for example, marital or financial situation. It is also advisable to refer to legal norms regarding issues of reducing alimony;
In the pleading part of the claim, clearly indicate your requirements, i.e. what you are asking, namely, to reduce alimony to a certain amount or amount;
when justifying your claims, you will refer to certain circumstances, confirmed by relevant documents, copies of which must be attached to the claim and listed in the appendix of the claim, i.e. After the stated requirements, it is necessary to indicate a list of copies of documents that are attached to the claim. Do not forget to attach the original receipt of payment of the state fee;
At the end of the application there is a date, the plaintiff’s signature and a transcript of the signature.

The claim, with the attached documents, must be filed with the court according to the number of persons indicated in it, i.e. if the plaintiff and defendant are indicated, then in 2 copies. Don't forget to make one copy for yourself.

ATTENTION: if the form of the claim is not followed, it will be left without movement, giving the plaintiff a period to eliminate the comments. If the deficiencies are not eliminated on time, the claim will be returned to the plaintiff, watch the video with additional tips

Procedure for paying state duty for alimony in 2021

In order to pay the alimony fee in 2021, you must do the following:

Get the details in any convenient way - in person or through the website.
Go to a Bank branch or go to your SberbankOnline personal account.
Provide the credit institution employee with your passport and details. If we are talking about payment through the website, you must select the desired section and enter payment information about the recipient organization.
Give the employee money or confirm payment through the website.
Receive a check, which will further confirm the fact of payment of the state duty for alimony in 2021.

A sample receipt is available.

Where to apply for a reduction in alimony?

Since the alimony payer is filing a claim to reduce alimony, it is necessary to apply to the magistrate’s court at the place of residence of the alimony recipient, i.e. in this case the defendant.

How to calculate the state duty to reduce alimony?

If the plaintiff asks to reduce the amount to a certain amount, then the state duty is calculated based on the amount of this amount according to the rules of paragraph 1, paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation, i.e. the amount in which the plaintiff asks to collect alimony from him:

At the claim price (hereinafter – CI):

up to 20,000 rub. state duty is paid in the amount of 4% CI, but not less than 400 rubles;
from 20,001 rub. up to 100,000 rub. – 800 rub. + 3% of the amount that exceeds 20,000 rubles;
from 100,001 rub. up to 200,000 rub. – 3,200 rub. + 2% of the amount that exceeds 100,000 rubles;
from 200,001 rub. up to 1,000,000 rub. – 5,200 rub. + 1% of the amount that exceeds 200,000 rubles;
over 1,000,000 rub. – 13,200 rub. + 0.5% of the amount exceeding RUR 1,000,000, but not more than RUR 60,000.

What is the state duty on alimony and why is it paid?

All provisions concerning the determination of the amount, procedure for collection and exemption from state duty on alimony in 2021 are strictly regulated by the norms of the Tax Code of the Russian Federation. According to the rules of Art. 333.16 of the Tax Code of the Russian Federation, the state fee is understood as a sum of money that is collected from individuals when applying to institutions and bodies, or other state-level organizations. Thus, in order to file a claim for alimony in court, or when contacting a notary to certify the agreement, in 2021 you must pay a state fee. In the opposite situation, the applicant’s application or appeal will not be considered. With the help of the state duty on alimony payments, legal costs are reimbursed.
In cases related to the assignment and collection of alimony, the payers are exclusively citizens.

Objection to reduce alimony

The defendant in the case of reducing alimony, i.e. the legal representative of the minor for whose maintenance alimony was collected from the plaintiff, or another person for whose maintenance alimony was collected, has the right to submit a written response to the case, in which he sets out all his objections to the substance of the stated requirements. You can, of course, express your objections orally during the court hearing, but it is better to duplicate your objections in writing.

The defendant's objections depend on the grounds stated by the plaintiff for reducing alimony. If, for example, alimony is collected in a fixed amount of money, and the plaintiff refers to the fact that he cannot pay the appropriate amount of alimony, the defendant, in objecting, must also provide evidence, if possible, that the plaintiff, on the contrary, can pay alimony in one or another amount.

Everything is quite individual and depends on the grounds of the claim.

What to do if your request for alimony reduction is denied?

If the court refuses to satisfy the demands for alimony reduction, the plaintiff always has the right to appeal the relevant judicial act to a higher court within the established time frame, by filing an appeal through the court that made the decision.

Amount of fee for alimony by court order

If we are talking about filing an appeal for the collection of alimony to the magistrate, then based on the results of reviewing the documents, an order is issued. The procedure for establishing obligations through this judicial body is characterized by reduced deadlines and a simplified procedure, which is reflected in Art. 126 Code of Civil Procedure of the Russian Federation. With regard to the organization of writ proceedings, the same rules apply as for claims. This suggests that the state fee for alimony in the magistrate’s court in 2021 will also be 150 rubles.

The payer of the fee when collecting alimony payments under a court order in 2021 is the defendant after a legal document (order) and a separate determination on withholding the state fee are issued.

Documents for reducing alimony

The following materials must be attached to the statement of claim for a reduction in alimony depending on the basis:

The document that serves as the basis for collecting alimony: a notarial agreement on alimony, an order or a court decision.
Confirmation of the presence of minor children: birth certificate.
Proof of child support: an agreement to pay child support, an order or a court decision.
Confirmation of the changed financial situation: personal income tax certificate 2 for the previous year; other mandatory expenses, for example, an increase in rent for rental housing - a corresponding agreement, etc.
Calculation of the amount of claims, which is the difference between alimony paid for the previous year in the available amount and alimony for the same period in a modified, reduced version.
Receipt for payment of state duty. The amount is determined based on the value of the claim using Section 333.19 of the current Internal Revenue Code.
A copy of the claim with all documents attached for all participants in the process.

Important: in the event of a reduction in child support due to the birth of another child, the mother (legal representative) of such a minor must be involved in the case.

Conditions for reducing the amount of alimony payments

To reduce alimony payments, you need: a statement of claim to reduce the amount of alimony; state duty paid by the plaintiff. In this case, a positive decision can be made only if there are sufficient reasons. Most often these can be:

The alimony obligee had another child from another woman. This provides an opportunity to review current obligations, since all minors in care have equal rights.
Dismissal from official place of employment. In this case, the main source of income is lost. A person’s income can only be benefits paid by the state to the unemployed.
Serious reduction in earnings. In this case, the recalculation is made at the place of work by the accounting service in accordance with the change in the employee’s salary. In this case, no legal action is required; recalculation is carried out automatically. To confirm the validity of the actions, a document from the employer is provided.
The alimony payer has serious health problems. Providing confirmation to the judicial authority of the costs incurred for treatment may serve as sufficient grounds for revising the amount of payments downwards.

To obtain a positive decision, the court must present conclusive evidence to reduce the amount of payments, as well as correctly draw up a claim for filing with the judicial authority.

Consequences of reducing alimony

It is important to understand what will be the “output” and what result to expect as a result of initiating the procedure for reducing alimony. The financial benefits are seen in a specific example.

Let’s say, with a conditional salary of 20,000 rubles. Child support for one child is established in the amount of 1/4 share.

20,000 / 4 = 5,000 rubles – monthly alimony amount.
We are filing a claim to reduce alimony, the basis of which is the birth of a second child.
Alimony for two children is 1/3, that is, 1/6 for each child. With a stipulated salary (20,000/6), monthly costs for alimony will be 3,333.33 rubles.

As a result, the minimum monthly savings will be 1,700 rubles.

Exemption from state duty on alimony

Regardless of who the person is, the defendant or the plaintiff, the court, at its own discretion, may remove the obligation to pay alimony fees in 2021, based on the citizen’s property status. This rule is reflected in Part 2 of Art. 333.20 Tax Code of the Russian Federation. In some situations, the judge chooses the option of deferment, that is, postponing the date of payment of the state fee in accordance with Art. 333.41 Tax Code of the Russian Federation.

In addition, the following categories of citizens are certainly exempt from state duty on alimony in 2021:

Heroes of the USSR, Russian Federation, as well as full holders of the Order of Glory.
Veterans and disabled people of the Great Patriotic War, former prisoners of the Nazis, ghetto.
Persons who have a disability of group I or II.

These categories of citizens are enshrined in Art. 333.35 and 333.36 of the Tax Code of the Russian Federation. Regardless of their procedural status, such persons do not have to pay money towards the state duty on alimony. This means that all costs are paid from the state budget.

In what situations does the alimony payer have the right to reduce payments?

Life circumstances are constantly changing. And for every alimony payer there may come a time when paying alimony in the amount prescribed by the court becomes unbearable for him. It is for such cases that the law provides for the possibility of reducing court-ordered payments. Only a court can make an appropriate decision on reduction.

In order for alimony payments established by the court to be reduced, compelling reasons are needed.

These include:

Deterioration of the financial situation of the payer . At the same time, when establishing the real financial situation of the plaintiff, the court will take into account all the income he receives, as well as the property he owns - shares, deposits, shares in an LLC, and so on;
Change in the plaintiff's marital status.
The birth of each subsequent child reduces the amount of payments for older children. So, for example, when the payer has only one child, then he is entitled to ¼ of the father’s income, two children are entitled to a total of 1/3 of the income, which means that each of them should be paid 1/6 of the income.
When there are three or more children, ½ of the income is withheld from the payer’s earnings, and the size of the share of each child is calculated depending on their total number.
However, for the court to determine the amount of alimony, not only the number of children the alimony payer has, but also the presence of other dependents may be important;
Serious health problems or disability .
This factor can lead not only to job loss or transfer to an easier and less paid job, but also to the need for the payer to spend more money on himself - purchasing medicines, paying for treatment, rehabilitation, and so on. Therefore, the court takes it into account as one of the grounds for reducing payments for the child;
Other reasons that the court deems valid.

How should a statement of claim be drawn up?

The content, rules for preparing and filing a claim are provided for by the Code of Civil Procedure of the Russian Federation. So, according to this code, the claim must contain:

Information about the court;
Information about the parties to the process - their full names, addresses, telephone numbers;
Information about the court document on the basis of which alimony was previously paid (type of document, which court issued it, date, number, brief description of the operative part, indicating the amount of previously assigned alimony);
Circumstances giving the applicant the right to go to court with his claims. Specific reasons why the plaintiff has the right to expect a reduction in the alimony paid to him must be indicated here. For example, the birth of a second child;
Confirmation of these circumstances. In addition to listing the circumstances themselves, the claim must also refer to documents or other evidence confirming the existence of these circumstances. For example, if the applicant wants to change the amount of payments in connection with the birth of a second child, then the claim must indicate information about this child, his date of birth, as well as information about the birth certificate (number and date of issue);
Requirements for the court. The plaintiff must clearly formulate his demand to the court. That is, there is no need to write abstractly: “I ask the court to reduce payments.” It is important to indicate by what amount the plaintiff considers it necessary to reduce these payments.
List of documents.

Along with the claim, copies of the following documents should be prepared and submitted:

A copy of the claim for the defendant.
If third parties are involved in the court, then copies of the claims must be prepared for them;
Document confirming payment of state duty;
Plaintiff's passport;
Documents confirming the existence of valid reasons for reducing the payments specified in the claim (work certificates indicating earnings, birth certificates of younger children, medical certificates about the plaintiff’s health status, documents confirming disability, and other documents, depending on the reason for going to court );
Other documents confirming the information and information specified in the application.

State duty to reduce the amount of alimony

To consider the claim in court, you will need to pay a state fee. The funds must be paid before going to court, and a copy of the payment document must be attached to the claim.

The need to pay state duty is established by the Code of Civil Procedure of the Russian Federation. The size of the duty, as well as the methods for calculating it, are enshrined in the Tax Code of the Russian Federation.

The fee can be calculated by the plaintiff independently, or using the automatic fee calculation form posted on the official websites of the courts.

What amount should the duty be calculated from?

Before you begin calculating the fee itself, you need to determine the specific requirements for the court. The claim must indicate the amount that the plaintiff is willing to pay as alimony.

Here's an example:

According to the court, the plaintiff paid funds for the maintenance of one child in the amount of ¼ of his income. After some time, his marital status changed. A second child was born from another relationship, whom the plaintiff also became obligated to support. On this basis, the plaintiff has the right to file a demand in court to reduce payments for the first child to 1/6 of his earnings.

The plaintiff's official salary is 50,000 rubles. This means that for one child he paid alimony in the amount of 12,500 rubles. After the reduction, payments should be 8,300 rubles.

In order to calculate the duty, based on these amounts, you will need to calculate the difference in the total annual payment. So, before the reduction in the amount of alimony, the payer paid 150,000 rubles per year, and after the reduction, 99,600 rubles. The difference was 50,400 rubles. It is from this difference that the state duty is payable.

State duty to court to reduce the amount of alimony in 2019

The claim to reduce the amount of payments for child support is of a property nature, and, therefore, the fee must be calculated according to the rules set out in paragraph 1 of Art. 333.19 Tax Code of the Russian Federation.

The calculation is carried out depending on the amount of the difference in the total annual payment.

The formulas for calculation are given in the table:

Amount of difference, rubles	Formula for calculation
Up to 20000	Amount * 4% (not less than 400 rubles)
20001 – 100000	((Amount – 20000) * 3%) + 800
100001 — 200000	((Amount – 100000) * 2%) + 3200
200001 — 1000000	((Amount – 200000) * 1%) + 5200
Over 1000000	((Amount – 1,000,000) * 0.5%) + 13,200 (not more than 60,000 rubles)

Based on the example given earlier, the amount of the difference was 50,400 rubles. Let's calculate the duty: ((50400 – 20000) * 3%) + 800 = 1712 rubles.

However, a decision that is positive for the payer can only be made if there are truly compelling reasons, duly confirmed.

State duty to court to reduce the amount of alimony in 2021 Link to main publication

Possible payment problems and nuances

Issues of paying state duty for alimony in 2021 are strictly regulated by law. At the same time, in practice some difficulties may arise, so all the subtleties of the matter should be provided for in advance:

If the claim makes several demands, for example, for divorce and for the collection of alimony, each of them is paid separately. It is advisable to issue different receipts so that there is no confusion in the future.
If you conclude a notarial agreement, you must understand that you will have to pay not only the alimony fee of 250 rubles, but also separately the graphic and legal services provided by the specialist. Therefore, it is better to check the cost in advance.
It is recommended to file applications for divorce and alimony separately. This is due to the fact that divorce is a long process that drags on for several months. During this period, the child will remain without support.
If any expenses were incurred during the proceedings, all receipts and receipts must be retained. At the end of the case, you can file a petition asking for the costs to be returned from the defendant.

Each appeal by both citizens and organizations to the court or other government bodies is accompanied by the payment of a state fee. This is a collection, the definition, procedure and size of the purpose of which are strictly regulated by the norms of the Tax Code of the Russian Federation. In the process of collecting duties, many difficulties and controversial issues often arise. In order to understand all the features, you can simply read this article. It contains all the relevant information on paying the state duty for alimony in 2021. The state protects the rights of the child and certain categories of the population, so it is important to know your rights and not overpay in difficult life situations.

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Basic information

According to Art. 119 of the RF IC, the alimony provider (or other interested party) has the right to reduce the amount of payments for a minor by going to court.

There are several reasons for reducing alimony:

the financial condition of the alimony recipient has undergone serious changes - for example, with the birth of a second child in his new family;
the child - the recipient of alimony - has become legally capable: registered a marriage before the age of 18, officially got a job, registered himself as an individual entrepreneur (but if the child has his own income, this does not mean a guaranteed opportunity for the alimony provider to reduce payments - the court considers only the totality of the circumstances) ;
alimony provider is a disabled person of group 1 or 2 who needs significant funds for his own treatment and outside care;
the minor recipient of alimony owns property that brings him significant income that satisfies all his needs;
the child is fully supported by the state;
the child support provider transfers funds for several children from different mothers;
the alimony provider is dependent on other disabled dependents - elderly parents, close disabled relatives;
The high income of the child support provider results in an unduly large amount of child support that is too high for the child.

To reduce alimony, you need to draw up a statement of claim, collect a package of evidentiary documentation and pay a state fee. Its calculation takes into account certain rules and features.

State duty on alimony - benefits in 2021

State duty benefits are covered in Art. 333.36 Tax Code of the Russian Federation. It reflects the following privileges:

In cases related to the collection of alimony, plaintiffs are completely exempt from the need to pay state fees (clause 2, part 1, article 333.36 of the Tax Code of the Russian Federation).
If a claim is filed in the interests of a child, applicants do not have to pay the state fee (clause 15, part 1, article 333.36 of the Tax Code of the Russian Federation).
Citizens with category I or II disabilities do not have to pay alimony fees in 2021.

Attention
In accordance with Art. 333.35 of the Tax Code of the Russian Federation, disabled people are exempt from paying alimony fees in 2021 not only to the court, but also to the notary. Thus, you will not have to pay 250 rubles to have the agreement certified by a specialist.

Procedure for transferring funds

Paying the state fee is not difficult: today there are many ways to do this. Among them:

payment in cash at the office of any bank;
cashless transfer in self-service terminals;
transfer of funds through the official website of a credit institution using the “Personal Account” service;
payment in cash at the post office.

There is no fee for transferring payments to the budget.

To make a transfer using the correct details, it is recommended to take a sample of filling out a receipt from the court office or request it from a bank specialist. When paying, you must pay attention to the correctness of entering data in the following fields of the payment document:

payment ID (if any);
name of the recipient of funds;
his TIN/KPP;
BIC GU of the Bank of Russia;
current account of the budget recipient;
KBK;
Full name, tax identification number, payer address.

There are usually no difficulties when filling out a document; the only thing the plaintiff needs in this case is attentiveness and scrupulousness.

The state fee must be paid before filing a claim. If there are no supporting documents (terminal check, receipt with a bank mark, payment order, etc.), the documents will not be accepted for consideration.

Common mistakes when calculating state duty

Often, in cases of reducing the amount of alimony payments, citizens and even experienced lawyers may make mistakes in calculating the state duty. This will prevent the timely acceptance and consideration of the claim.

Typical errors that arise when calculating the state duty for a claim to reduce alimony payments:

The claims are determined to be non-property, which entails payment of a state duty in the amount of 300 rubles. Not every court will accept an application with such a fee. Higher authorities provide a specific explanation that this claim is considered a property claim.
The state duty is defined as a regular statement of claim for the assignment of alimony payments. You should know that a claim to reduce the amount of alimony does not fit into this category, since the Tax Code clearly states otherwise.
Errors in the application of preferential conditions for payment of state duties, defined by the Tax Code. Often, the plaintiff thinks that he can be exempt from fees in all cases of alimony obligations. Alas, this does not apply to a claim to reduce the amount of alimony, even if the reduction is requested in the interests of another child from a subsequent marriage.

It is very important not to make a mistake in calculations, so as not to overpay extra money. Therefore, to obtain the correct amount of state duty, contact an experienced lawyer.