Let's figure out how to reduce the amount of alimony in a fixed amount

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The question of how to reduce the amount of alimony in a fixed monetary amount is similar to those cases in which payments are tied as a percentage to the payer’s earnings. However, there are some peculiarities, both in calculating this amount and changing its size. In any case, there is no relief for those who are obliged to support their children and other categories of persons in this way.

General provisions

The Family Code of the Russian Federation obliges parents to support their children. Its provisions establish specific amounts of financial assistance, which are tied to the total income of the parent. Below this, the alimony payer, by law, has no right to pay.

But there are cases when determining this percentage is difficult or impossible. For example, some categories of people do not have a regular income. These include:

• Private entrepreneurs;
• Seasonal workers;
• Representatives of creative professions;
• Self-employed people.

A separate category of persons for whom it is necessary to establish regular payments for a child in a fixed amount are those who receive unofficial income . Of course, they will not admit this in court, and fall under one of the above categories.

They can be identified by the following characteristics:

1. Low official salary level.
2. Their standard of living and material values ​​do not match their declared income.

Other categories for which the question of how to reduce the amount of alimony in a fixed amount is relevant include persons who receive income:

• In a currency other than Russian rubles;
• Natural things, manufactured products.

In the first case, exchange rate fluctuations may affect the amount of alimony . In the second case, it is difficult to determine the amount of money due to the child, since the items received must still be sold, and the proceeds depend on many factors, including the commercial ability of the seller.

In addition, alimony in a fixed amount of money is assigned to provide material support for the following categories of persons:

• For adult children who are unable to work due to disability;
• For the maintenance of the child's mother;
• To provide for retired parents who need financial assistance.

alimony for her maintenance if:

1. Bears a child.
2. She is raising a child who has not reached the age of three.
3. Raises a son or daughter over 3 years old, but recognized as group 1 disabled.
4. Supports an adult child who is recognized as disabled.

This is true provided that the children are recognized as common with the ex-husband.

Within 5 years after the divorce, the ex-spouse (or spouse) can apply for regular financial assistance due to dire need.

The grounds for fixed payments are:

1. An agreement signed between the child’s parents, as well as between the payer and the adult recipient (disabled children, retired parents).
2. An order or decision that is issued by a court.

You can change them if:

1. Sign another agreement with the recipient of the money, in which a different fixed amount is specified.
2. Receive a court decision or order.

The first option is allowed if the basis for alimony payments is an agreement. The amount of payments prescribed by the court is necessarily changed only through an appeal to the court.

Application procedure

The issue of changing the procedure for collecting alimony payments falls under the category of property issues. It is considered in the magistrate's court by filing a statement of claim. The state duty will be as follows:

• 300 rubles, if the plaintiff is an alimony payer (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation);
• 0 rubles if the plaintiff is the recipient of payments (exempt in connection with defending the interests of a minor).

The appeal itself involves filing a claim with a package of accompanying documents. They are served at the place of residence of one of the parties.

Is it possible to change the fixed amount?

The answer to the question whether alimony can be reduced in a fixed amount depends on the existence of grounds for this. Both when deciding on the appointment and when changing the amount of alimony, the court takes into account:

• The minimum amount needed to support a child and his mother (if there are legal grounds);
• The payer's wealth, his economic status, whether he has other children, and what his social status is.

The following reasons for the payer give him the right to reduce the amount of alimony in a fixed amount::

• Recognition of him as a disabled person of the first two groups;
• His earnings are significantly lower than the subsistence level established in the region or country;
• Existing persons who depend on him financially: children or elderly parents who need help;
• Appointment of alimony for another natural child.

But the situation that gives the right to change the amount of alimony in a fixed amount may change for the child, namely:

1. He got a job.
2. He began to engage in entrepreneurial activities.
3. Received property that brings him a constant income that fully or partially satisfies his needs.
4. His mother sent him to an orphanage; the state is responsible for his provision and upbringing.

considers each of these grounds carefully, traditionally being on the side of the less protected segments of the population , which include the disabled, children, and single mothers. Claims are satisfied only if there is irrefutable documentary evidence of the following:

1. The payer's financial situation has deteriorated significantly.
2. The income received is not enough to meet the necessary needs.
3. The previously established amount of alimony is burdensome for him.
4. The financial situation of the child, his mother or the payer's parents allows for a reduction in payments.

As a rule, and this is shown in more detail below in the example, it is necessary to present a whole set of grounds that leave the court no choice but to make concessions to the applicant.

There are no clear grounds that would be 100% likely to ensure victory in court on the issue of how to reduce the fixed amount of alimony. It all depends on the combination of circumstances and evidence, and the ability to present them in court.

With a high probability, one base will be ignored or the reduction in its size will be insignificant. In response to a poor financial situation, it may be argued that you need to look for a better paying job. But the appearance of another child is disputed either by the lack of evidence that he is supported at the expense of the payer, or by his better financial support.

You can read more about the grounds for reducing alimony in a special material.

Details

When it comes to alimony, disputes are a common occurrence. Basically, they are related to their size. Cancellation of alimony may take place in the following cases:

• when the child turns 18 years old;
• if emancipated before reaching 18 years of age;
• upon the death of the payer or recipient;
• when the recipient commits a crime or an attempt against him in relation to the payer’s funds;
• under other circumstances specified in the agreement.

However, it will not be possible to cancel payments due to the loss of a job, the onset of disability, or the marriage of the alimony payer. At the same time, his financial situation can be considered as a reason to reduce the amount of payments. The following points are taken into account:

• dismissal from work;
• onset of disability;
• onset of disability;
• transfer at work with a reduction in pay;
• retirement;
• the occurrence of other costs for the new payer’s family.

An appeal can be filed in several types:

• procedural;
• as an explanation;
• as a challenge.

In the first case, you can, for example, challenge papers regarding their authenticity. In the second, the subject matter that the defendant disputes is disclosed. It must be supported by sufficient evidence. A claim to change the amount of money is submitted precisely in the third option.

Algorithm for reducing the amount of payments

To reduce the amount of fixed amounts paid, it is necessary:

1. Collect available documents that, as the payer believes, confirm the need to satisfy his claim in court.
2. Seek advice from a family lawyer so that he can assess the prospects of the case and point out other documents that need to be collected.
3. Receive the remaining documents indicated by a specialist in the field of family disputes.
4. Think over the conversation and contact the recipient of alimony or his guardian, try to resolve the dispute out of court.
5. If the other party agrees to sign a new agreement or send an application to the court for an order.
6. If agreement is not reached during the negotiations, draw up a statement of claim and send it to the court.

The need to contact a family lawyer to resolve the issue of how to reduce alimony in a fixed amount is explained by the following reasons:

• He gives practical advice that is based on a combination of different rules of law, legal practice, individual characteristics of a particular situation and the approaches of judges in a given city or region;
• At low costs (cost of consultation), a person saves time on a comprehensive, in-depth study of family and procedural legislation, and reduces the risk of making mistakes.

After the consultation, the person who applies receives a further algorithm of actions, which gives him the opportunity to do everything on his own or trust a lawyer by concluding an agreement with him.

A conversation with the alimony recipient is an intermediate stage. It allows you to reach a common agreement without a trial or before it (if you cannot do without contacting this institution). A well-constructed, thoughtful conversation allows you to convince the other side of the correctness of the arguments and persuade you to make concessions. The collected documents help achieve this result.

If after this the drawing up of an agreement is excluded, alimony was assigned by a court decision, and an application is sent with the consent of both parties. It is satisfied within 5 days, an order is issued, which determines the required amount of alimony and the procedure for its payment.

When submitting such an application for issuing an order, the amount of the state duty is two times lower than for a regular hearing of the case in court.

In cases where the parties do not reach an agreement, it is necessary to draw up and send a claim to the court. During the meetings, they will have to defend the position stated in the statement and prove the legitimacy of the demands.

How to start the process

According to the law, such a complaint can be filed within a month from the date of the court decision. During this period it is considered that it has not yet entered into force. At the same time, there is a decision, and it sets out what the court based it on.

First of all, the judge is sent an application to receive a reasoned decision. Then the period is three days from the date of announcement. But the period for producing the document itself is longer. It lasts five days.

This decision contains the facts, the law the judge used, and the specific circumstances. In the process of challenging, when a complaint is written, it should include all possible grounds for the disputed alimony, which may serve as an aid in reducing the amount or canceling payments altogether. True, finding them is not so easy. Each case is individual. Therefore, before appealing a decision, you need to carefully study all the documents.

Required documents

The above reasons must be supported by documents. With their help, it is necessary to prove a cause-and-effect relationship between the circumstances in the life of the plaintiff and his claims. The main emphasis is on documentary evidence; witness testimony is more subjective in nature and must confirm the information specified in official certificates, conclusions, etc.

To confirm a reduction in wages, you must submit:

1. Information about previous earnings.
2. A certificate from your place of employment about your current income level.
3. Reasons for changes - order of layoff, dismissal due to health, etc.
4. Correspondence with other enterprises regarding employment issues.

If it is not proven in court that the plaintiff was actively looking for a better-paying job, the defendant can use this to argue against the claims. Often, a claim is denied because there was no evidence that the applicant was actively looking for another job.

To resolve the issue of how to reduce the fixed amount of alimony due to the deterioration of the health of the applicant or his dependents, you must have on hand :

1. Conclusion of medical social examination.
2. Treatment prescribed by a doctor with a list of medications.
3. Certificates from pharmacies (and written requests to them) about the cost of prescribed drugs.
4. Calculation of the amount to be allocated monthly and annually for treatment.
5. Certificate from place of employment regarding salary level.
6. An extract from the house register about the composition of the family.
7. A certificate from the social service about the persons who are under the care of the plaintiff.
8. Information about the amount of pension, wages, benefits and other cash receipts of family members and dependents of the applicant.
9. Certificate from the mayor's office about the level of average and minimum wages in the region.

All these documents provide an objective picture of the expenses and income of the payer’s family members and his dependents. They may be supplemented by other information, depending on the situation.

If the parties reach an agreement pre-trial and circumstances allow, then the former spouses draw up an agreement. There are only two strict requirements for the document :

• Must be certified by a notary;
• Its conditions must not violate the requirements of Article 81 of the RF IC.

In other cases, when a dispute about reducing the amount of alimony in a fixed amount is brought to court, a statement of claim is drawn up based on all the evidence. It is written in accordance with the requirements of civil procedural legislation (Article 131 of the Code of Civil Procedure of the Russian Federation).

Who benefits and when?

Each party may benefit, depending on the initial requirements. If the amount of official income of the alimony payer is minimal, then changing the method of collection to a fixed amount is beneficial for the recipient of payments, but if the salary is high, it is beneficial for the payer.

The debtor also has his own benefit.

For example, if he previously paid 10,000 rubles. at a fixed rate, but then got a job for 15,000 rubles. and asked to change the payment method to a share of earnings, in the end instead of 10,000 rubles. you will have to pay 2,500 rubles per child.

Arbitrage practice

To illustrate the resolution of disputes involving the reduction of alimony, let us consider the process that took place in Yekaterinburg. The plaintiff was an entrepreneur who had previously been ordered by the court to pay a fixed amount per child in the amount of 3 minimum wages (minimum wage). The stated initial demands are to reduce this amount to 1 minimum wage.

In support of the claim, the applicant indicated that the previous court decision was based on the fact that the payer:

1. Director of one company.
2. Founder of three organizations.
3. Additionally, he receives income from renting his own car.

Since then, the plaintiff’s circumstances have changed dramatically for the worse, namely:

1. In the company in which he is a director, turnover has fallen, only two employees remain from the staff, the plaintiff receives a salary of 5 thousand rubles, which is 5 times lower than before.
2. Three enterprises in which he is the founder either do not work or their profits have sharply decreased.
3. The personal car is in disrepair and there is no income from it.
4. He is dependent on another child and a retired mother.

All the stated circumstances and the level of income of the applicant’s family were confirmed by documents. During the consideration of the claim, the payer clarified the requirements - to reduce the amount of alimony in a fixed amount to 2 minimum wages. They were fully satisfied.

That is, the plaintiff cited several reasons as a basis:

1. A sharp loss of income - more than 5 times.
2. Maintenance of another child.
3. Having another dependent – ​​a retired mother.

At the same time, the court reduced the amount of alimony by only one and a half times - from three to two minimum wages.

The judicial practice on reducing the amount of alimony is discussed in full in this article.

Decrease

The disputed requirement is to establish a smaller amount of payments. The law does not provide an exact list of grounds for this. But in most cases the size is reduced in the following situations:

• general reasons may be, for example, that the recipient has acquired property that he rents out, and thereby receives sufficient profit to provide for himself;
• the onset of disability or incapacity for work by the payer after the amount of payments has been established;
• decrease in earnings;
• change in circumstances of the alimony payer;
• raising a minor to whom payments were made in a state institution;
• earning your own income, for example, running a business at the age of 16.

To avoid resorting to court, instead of challenging alimony, the parties can enter into an agreement among themselves. It must be certified by a notary. But, as a rule, it is not possible to agree on alimony. Then you have to go to court to determine the disputed amount of payments.

Claim requirements

Documents that have the force of a writ of execution, therefore, are binding - this is an agreement, a statement of claim. If the correctness of the first form is controlled by a notary, then the accuracy of the second form must be controlled by the plaintiff.

The statement of claim for cancellation of alimony must contain the following information:

• the correct name of the court to which it is sent (magistrate, city, district court);
• information about the plaintiff, including passport and registration information;
• reference to the contested decision;
• request to cancel the previous decision;
• grounds for cancellation (discovery of new information, failure to comply with procedural rules);
• legislative confirmation of the grounds, reference to an article of law, regulation;
• list of attached documents.

A new court decision may entail cancellation, modification of the previous decision, or the establishment of new requirements.

How to make an application to change the procedure and method of collection

An example of a sample application to the court in order to change the payment, namely its transfer procedure, must contain a number of information and grounds. The claim form contains the following information:

1. Information about the judicial authority to which the appeal is made.
2. Necessary information about the plaintiff and defendant.
3. The amount of state duty paid.
4. The nature of the situation requiring consideration by the court.
5. Description of the grounds for applying and changing the procedure for calculating benefits.
6. Request (petition) to change the procedure for calculating funds.
7. References to attached documents and other evidence.
8. Date of registration, signature and transcript.

All points must be written down in detailed form so that the court does not have additional questions for the applicant and his requests are satisfied when making the appropriate decision.

Some of the processes to change the order of withholding support for a child remain without consideration, due to the fact that the applicant incorrectly completed the application or did not comply with the requirements established by the court.