Statement of claim to change the amount of alimony (sample)

Increasing the amount of alimony is a problem for many. The question of how to increase child support is usually of concern to the party who is caring for the child and with whom the child lives.

ATTENTION: our alimony lawyer in Yekaterinburg will help you figure out what steps to take, draw up a claim for increasing the amount of alimony, and explain what to do so that the issue is resolved only on the positive side.

How to increase the amount of alimony in pre-trial order?

If there is an agreement on the payment of alimony, it can be changed by agreement with the alimony payer. Such changes must be made in the appropriate form; we must not forget that this agreement is subject to notarization and becomes valid only if this condition is met. Such a solution to the issue of increasing alimony is rare in our time. Most often, ex-spouses who have disputes about children cannot agree on a peaceful resolution of the conflict. Mediation can help in such a matter - participation in negotiations on the issue of pre-trial settlement of the dispute gives a positive result.

In addition, I would like to note that alimony can also be increased by submitting one application to the bailiff for indexation. As a rule, in the decision the court indicates the indexation of alimony taking into account the cost of living for the child. In this case, when fulfilling the requirements of the writ of execution, the bailiff can and is even obliged to constantly index alimony. You just have to remember and remind him.

Increasing child support is a very important aspect of child support. It is important to understand that all this is done only for and in the interests of the child himself. Life is constantly moving. Income and spending are growing. It is necessary to constantly (annually) monitor the expenses for the child and, if possible, the income of the alimony payer. In terms of protecting the rights of the child, there is a wonderful advantage - the state fee is not paid. Thus, the process of protecting the rights of the child and increasing child support is essentially free. You don't lose anything, you only gain.

Which alimony payments can be increased and which ones cannot?

By virtue of the law, an increase in alimony is allowed, provided that previously it was paid in a fixed amount. When payments are ordered by a court decision, a separate claim should be filed to review them.

If there is an agreement on alimony, the necessary adjustments are made to it. They must also be certified by a notary.

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Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

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In a situation where the court has decided to collect alimony as a percentage of the debtor’s income, it will not be possible to increase the amount. However, it is possible to allow a change in the order of making deductions: from interest to a fixed payment. This also requires a new lawsuit.

Increasing the amount of alimony through the court

If an agreement fails, an application for an increase in alimony and the alimony court will help solve the problem. It will be necessary to file a corresponding claim to review the amount of alimony paid. At the court hearing, all grounds for increasing these payments will be considered. The plaintiff will have to prove each of the grounds presented to him according to the rules of civil procedure law.

When applying to the court for an increase in alimony according to the text of the claim, it is necessary to describe the entire situation, indicating the specific reasons for the increase in alimony. Satisfaction of your requirements directly depends on the evidence that will be attached to the claim. However, to speed up the process of filing a claim, you also have the right to attach missing documents if it is difficult to obtain them at the time of filing the application directly at the court hearing.

Time limits for consideration of the claim and court decision

If we are talking about a magistrate, the case of reviewing alimony is considered by him for a maximum of one month. The same amount of time is allotted for the payer to file a possible appeal (unless, of course, he does not agree with the decision).

It is addressed to the district court located in the territory covered by the justice of the peace. Once an appeal has been accepted, the parties must be notified of the date and time of the hearing.

The appeal is heard within two months from the date the case is received by the district court.

The final court decision indicates not only the amount of previous alimony, but also new figures for their payment. The period until which payments are assigned is also written - until the son or daughter comes of age.

Documents for increasing alimony

Depending on the basis you use for increasing alimony, the following documents are attached to the claim:

• certificate 2 personal income tax, employment contract, work book (your income has decreased or the income of the alimony payer has increased);
• agreement to terminate the contract (your income has decreased);
• checks, receipts, contracts, certificates of work performed / services rendered, calculation of expenses (increase in expenses for a child);
• a decision on the collection of alimony, which indicates the age of the child (upon reaching the age of majority of the payer’s second child);
• extract from the Unified State Register of Rights to real estate (increase in the payer’s income);
• certificate from the traffic police about available cars (increasing the payer’s income);
• other documents.

In addition to confirming the reasons for the increase in alimony, it is also necessary to attach a document according to which alimony is being collected at the moment.

List of documentation

In order for a claim to increase the amount of alimony to be accepted for consideration, the applicant will need to support it with the following official documents:

• copies of civil passports of participants in legal proceedings;
• document on the assignment of alimony payments (court order, alimony agreement, writ of execution);
• copies of payments confirming the transfer of money in favor of minors over the last six months (checks, receipts, receipts, etc.);
• income certificates;
• certificates from a medical institution about health status;
• original receipt for payment of state duty;
• other documentation confirming the legality of the plaintiff’s claims.

The number of copies of the claim and the documentation attached to it must correspond to the number of participants in the proceedings. Basically, it is enough to prepare 3 packages of documentation (for the court, the plaintiff and the defendant).

Grounds for increasing alimony

1. You have already passed the stage of collecting alimony from the court for your spouse and children, but life does not stand still, everything changes, in the maintenance of a child this is manifested in expenses that tend to only grow, changing the amount of expenses for a child is an important moment to think about the procedure for increasing child support;
2. Your income has decreased, and, unfortunately, no one is immune from the sudden collapse of the company you work for, a decrease in income from the business under your control - it’s time to think about whether it’s the turn of the second parent to participate in the expenses for child support in a larger size;
3. The income of the former spouse, and now the payer of alimony, has changed upward; if previously, when deciding the amount of alimony, you could only claim a small amount, which hardly satisfied the needs, then with the increase in the salary of the second parent, revising the amount of alimony obligations is a fair decision.
4. The obligatory payments of the payer have decreased. Oddly enough, the expenses of the second parent also play an important role in resolving the issue at hand. If previously, when assigning alimony, the second parent supported his elderly parents or other dependents (for example, children from other marriages), and now circumstances have changed and payments in their favor have ceased, then you can safely count on a positive outcome in the case of changing the assigned payment in favor of Your child.
5. Prices have increased. Another reason for deciding to increase alimony obligations is the rise in prices in the store; what could be bought yesterday becomes unavailable today.

This list of reasons for making a decision to act is not exhaustive; during consultation, our family lawyer can find out from you other circumstances that are important for this issue . A claim to increase the amount of alimony will highlight the most important circumstances that we will determine with you before filing it. The question of how to collect child support from the father of a child is our daily task.

Calculation of the amount of state tax

Lawyers initially recommend paying an amount of 300 rubles as a state fee. This is precisely the price of a property claim, which is not subject to assessment. But the court may recommend calculating the price of the claim in accordance with paragraph 1, paragraph 3 of Art. 333.19 Tax Code of the Russian Federation. In this situation, it is necessary to recalculate the amount, since otherwise the claim will be rejected.

To calculate, use the following formula:

State tax = FS + CI x n%, where:

• FS – fixed amount;
• CI – cost of claim.

When calculating the amount, the following rules are used:

• if the CI does not reach 20 thousand rubles, then 4% of the cost of the claim is subject to transfer to the budget, but not less than 0.4 thousand rubles;
• when the price of the claim is up to 100 thousand rubles. to determine the amount of the state fee, you need to subtract 20 thousand rubles from the amount of the claim calculated for 1 year; 3% of the resulting result must be paid to the budget and an additional 0.8 thousand rubles;
• if the CI varies from 100 to 200 thousand rubles, then to calculate it is necessary to subtract 100 thousand rubles from it, 2% of the result obtained must be paid to the treasury and an additional 3.2 thousand rubles;
• when the cost of the claim is up to 1 million rubles. You will need to subtract 200 thousand rubles from it. and transfer 1% and an additional 5.2 thousand rubles to the budget;
• legislators have determined the price of the claim if the cost of the claim is more than 1 million rubles, but in cases of increasing alimony payments such amounts are not used.

If the amount of the state fee is calculated incorrectly, the claim will be returned for revision. Once the defect is corrected, the applicant will be able to re-file the claim.

How to file a claim for an increase in alimony?

Modern family legislation provides for the possibility of filing a claim for an increase in alimony payments. What is important to pay attention to:

• proof. Each basis must be supported by relevant documents. In case of failure to provide evidence or presentation of insufficient evidence of circumstances confirming the basis of its claims, the court may refuse to collect alimony in a larger amount.
• The procedure for filing a claim for an increase in alimony is similar to the process for the main claim for the recovery of alimony.
• rules of law. When filling out an application, you should first of all be guided by the Family Code of the Russian Federation and the norms of civil procedural legislation.

An application to increase the amount of alimony must meet the mandatory requirements for form and content set out in Article 132 of the Code of Civil Procedure of the Russian Federation. In order for the court to accept the claim and schedule a hearing on the application, it is necessary to indicate in the text of the submitted document:

• name of the court
• surname, name, patronymic of the applicant of the claim, his address
• last name, first name, patronymic of the person liable for alimony, his address
• circumstances under which the plaintiff considers his claims to be satisfied
• evidence confirming these circumstances
• the amount of the claim, that is, in what amount is required to increase alimony
• list of documents attached to the application

The application must be accompanied by copies of all documents, a calculation of the amount to be recovered and a document confirming payment of the state fee, or the grounds for exemption from payment thereof must be indicated. Failure to comply with at least one requirement may result in the application being abandoned or returned without consideration.

It is important to correctly draw up a statement of claim and be sure to collect all the necessary documents. And in support of your demands, provide effective and correct evidence confirming the circumstances of the case and meeting the mandatory criteria of relevance and admissibility. Preparation of a complete package of documents is the key to the success of a legal case.

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

State duty for increasing alimony

In cases of collection of alimony, increasing the amount of child support, the state fee is not paid. The Tax Code of the Russian Federation speaks about this. The Ministry of Finance of the Russian Federation confirms that plaintiffs when considering cases to protect the rights and legitimate interests of a child are exempt from paying state fees. This provision applies to the protection of all interests of the child, including property rights.

Thus, when filing a claim to increase the amount of alimony payments, it is necessary to indicate that the plaintiff is exempt from paying state fees.

Jurisdiction

A claim to change the amount of alimony can be filed both at the place of residence and registration of the defendant and the plaintiff.

IMPORTANT: A claim to reduce the amount of alimony can be filed at the plaintiff’s place of residence only if a minor child lives with the plaintiff. In other cases, claims at the initiative of the alimony payer are filed only at the place of residence of the defendant - the collector.

Also, it is worth noting that the category of claims related to alimony payments is considered in most cases by the magistrate, but there is an exception - a statement of claim, the subject of which is disputes related to the interests of children. Such claims are subject to review by a district judge.

The procedure for indexing alimony as a way to increase payments

In the conditions of a steadily changing economic situation in the country, the size of the population's subsistence level is constantly subject to change. In this regard, collecting alimony in a constant amount over a long period of time will not be in the interests of the child or may lead to the impossibility of maintaining his normal standard of living.

Guided by the need to preserve the quality of life of a minor child, the legislator has provided for the possibility of proportional indexation of awarded alimony in accordance with the increase in the cost of living of a certain socio-demographic group of people established for a specific region of residence.

The cost of living is set every quarter, so it is also possible to increase the amount of alimony through indexation quarterly.

To determine the amount of alimony payments, taking into account indexation, you can apply a simple mathematical formula by dividing the amount of alimony by the amount of the subsistence minimum for the quarter in which the alimony was collected, and multiplying by the established amount of the subsistence minimum for the period being calculated.

If the court decision and the writ of execution do not contain information about the indexation of alimony payments, then they can be indexed by submitting a corresponding application to the bailiff or the direct employer of the alimony payer. The indexation process is an effective method of regularly increasing alimony payments. With the right approach to resolving this issue, a favorable result is achieved quite quickly.

In cases where difficulties arise with the preparation of applications and other documents, it is advisable to seek advice from lawyers and practicing specialists. With their help, issues of this kind are resolved very quickly and effectively.

By receiving professional advice, you can free up time and reduce costs to resolve the issue.