Objection to the statement of claim for the collection of alimony in 2021 (sample)

In certain situations, citizens are required to pay a salary. Subject to the collection of alimony through the court, the person acting as the defendant has the right to file an objection to the statement of claim for the collection of alimony. You can do the same with a court order.

Objection to the collection of alimony
In what cases is it possible to object to a statement of claim for the recovery of alimony?
How to correctly draft an objection to the collection of alimony
Sample objection to a statement of claim for the recovery of alimony
What you need to submit along with your objection
The procedure for filing objections to a claim for alimony
Objection to a court order for alimony
How to properly file an objection to a court order for alimony collection
Where to file an objection to a court order for the collection of alimony
Judicial practice on objections to claims for alimony collection
Questions and answers about objecting to a claim for alimony
What can be challenged with an objection?
Is it possible to challenge the amount of alimony based on a court order or lawsuit?
Expert opinion

Objection to the collection of alimony

Cases regarding alimony payments for a minor child are resolved in the magistrate's court, most often through summary proceedings. This means that the plaintiff does not file a claim, but an application. Since the circumstances of the case are obvious to the court, a court order is issued based on the accepted application.

However, the defendant has the right to submit a reasoned objection, which will serve as a reason for canceling the order. The plaintiff will have to go to court again, but with a statement of claim.

Cases related to alimony are considered on the basis of a claim on the following grounds:

cancellation of the issued court order;
the applicant wishes to receive alimony in a fixed amount;
the demands state the recovery of monetary support for the past period;
the recipient of alimony is an adult;
there is no information about the defendant’s place of work, or he is obviously unemployed.

In the case of legal proceedings, the presence of both parties at the court hearing is implied. Consequently, the defendant has a chance to protect his rights and interests.

Since clause 2, part 2, article 149 of the Code of Civil Procedure of the Russian Federation allows for a reasoned objection, the defendant, with its help, refuses the court to recognize the claims stated in the claim. However, an objection to a claim is possible only on strictly defined grounds.

Where to begin

General details

Article 129 of the Code of Civil Procedure of the Russian Federation explains the provisions for canceling a court order to collect alimony payments, and also indicates the parameters by which the amount of payments can be reduced. In accordance with these instructions, the court may revoke a previously made decision, taking into account the current financial condition of the defendant, as well as for many other reasons.

When filing a corresponding objection, the defendant must necessarily support his arguments with references to current legislation or provide representatives of higher judicial authorities with certain evidence. The response statement must also indicate the material and procedural features of the case under consideration.

For example, a person may express his disagreement with a decision regarding child support, citing violations of procedural law. The corresponding claim can be drawn up in free form, but in compliance with generally accepted rules for filling out court documentation.

When filing such an application, the defendant can significantly save time spent on paperwork. That is why both parties to the dispute are recommended to familiarize themselves with the requirements and objections before the trial. It is worth noting that filing a claim is not a mandatory procedure.

The defendant independently chooses the methods of his defense, while liability can be minimized by creating favorable conditions for the fulfillment of financial obligations to the plaintiff and the common child

Prerequisites for claims

To substantiate a claim against the plaintiff, the defendant must be guided by the following circumstances:

the presence of a difficult financial situation, which consists in the inability to pay the amount established by the court - in this case, the parties need to agree on all requirements before the trial;
the appearance of other children by the defendant - this may lead to an increase in the person’s financial obligations;
the onset of temporary or permanent disability, including during the commission of a crime and the subsequent stay of the defendant in prison;
with a short duration of marriage and circumstances of divorce of the parents of a minor child.

An application for the recovery of legal costs allows you to shift the costs associated with the consideration and decision on the case to the defendant.

How the law defines the period of disciplinary action can be found in this article.

It is worth noting that it is especially necessary to pay attention to the fact that, using the above grounds, the defendant may demand a reduction in the total amount of payments

How is it compiled?

To challenge the statement of claim, the defendant must prepare in advance an objection to the statement of claim, which thoroughly describes all the arguments against collecting the previously established amount. The current legislation does not contain provisions on the exact content of the claim. That is why it is necessary to be guided by general requirements.

For the most competent formulation of a claim, the following information must be indicated in the corresponding application:

full name of the court in which the proceedings are taking place;
Full name of the parties to the process and all related details;
information about the person who filed the statement of claim, as well as about the position of the defendant - this information is placed in the introductory part of the document;
substantiation of objections that are related to previously established information;
requirements for the court - for example, a requirement to reduce the amount of alimony may be indicated;
plaintiff's signature and date of filing.

It is worth noting that the application must be accompanied by a copy of the passport and any other related documentation that can act as factors confirming the information specified in the text

Among the key arguments in favor of the defendant may be the following:

improper attitude of the parent-plaintiff towards the child;
confirmation by the defendant of voluntary assistance to the child with the provision of relevant checks and receipts;
bringing to the attention of the court information that the defendant’s family has another child under 18 years of age.

In what cases is it possible to object to a statement of claim for the recovery of alimony?

The law requires a rational, justified and objective response to the claim. That is, the defendant must have reasons to make his objections. If the recipient is a child(ren), the following grounds are used.

Family, financial, material situation. The defendant is unable to pay the requested amount of alimony because he does not have the requested funds due to low income, illness, or the presence of dependents in need of financial support.
Excessive amount of alimony. An attempt to collect an amount disproportionate to the real needs of the child.
The recipient of alimony is fully supported by the state and third parties. The child lives in an appropriate social or medical institution.
Partial emancipation (recognition of legal capacity) of the child. The child receives income from his own activities (labor, entrepreneurial).
The deadline for collecting alimony has been missed. The child has already reached adulthood.

In cases where the recipient of financial support is an adult, the basis for objecting to the statement of claim will be a fact that terminates the right to receive alimony or excludes the possibility of paying it. For example it could be:

low income of the payer, presence of other dependents, or alimony is too high, or the plaintiff does not need financial support, since he is fully supported by the state or third parties;
the plaintiff is deprived of parental rights in relation to the defendant;
the plaintiff did not fulfill his obligations to support the defendant;
the plaintiff (stepfather or stepmother) supported the defendant for less than 5 years;
the plaintiff lost his ability to work intentionally, or as a result of alcoholism, drug addiction, or crime;
the defendant was not in a long-term marriage with the plaintiff;
the plaintiff (ex-wife or husband) has remarried;
an improper defendant was declared in the case.

Naturally, the above list is not exhaustive. It all depends on the basis of the claim and some other features of the case.

Due to frequent updates to legislation and the legal uniqueness of each situation, we recommend obtaining a free telephone consultation with a lawyer. You can ask your question by calling the hotline number 8 (800) 555-40-36 or write it in the form below.

Causes

If you have questions or disagree with the child support decision, you can prepare a written objection or review. In these documents, you will need to argue your position and provide evidence that you are right.

According to Russian laws, the rights of children always come first, so parents are obliged to support and educate them until they reach adulthood. After alimony is assigned, the defendant may have claims regarding its amount and conditions.

There are two situations when the parent who has the obligation to pay wants to cancel them completely:

If he believes that the children should live with him.
If he believes that the children are not his. In this case, a claim is filed to challenge paternity.

There is also a list of grounds when alimony payments should be terminated:

the child has reached 18 years of age;
one of the parties died;

In most other situations, child support must be paid. Even if the alimony payer loses his job or is undergoing treatment, he remains obligated to support the child.

In some cases, the court may agree to reduce the size, as well as reconsider the remaining conditions. These are the circumstances:

the birth of new children to the debtor: in this situation, the court must recalculate for each child;
the debtor has a difficult financial condition: the court, based on current income, may reduce the amount of payments if they were in a fixed amount;
the onset of disability of the defendant.

How to correctly draft an objection to the collection of alimony

Unlike an objection to a court order, in which the defendant indicates a principled position, an objection to a claim must be both motivated and rationally informative. Moreover, the information indicated in the review must be supported by documents. It is also necessary to distinguish a response from a counterclaim, which provides for its own claims against the original plaintiff.

As a rule, the defense to the claim indicates any disagreement of the defendant with something.

The position of the plaintiff and the validity of the claims. For example, a plaintiff sues an improper defendant, his arguments are baseless.
Procedural features. For example, the plaintiff uses outdated or forged documents, missed deadlines, etc.

In order to correctly draw up an objection, it is necessary to carefully study the claims and case materials. The essence of this event comes down to the legal assessment of the plaintiff’s arguments and evidence. To do this, it is necessary to compare the case materials:

with current legislation;
with the actual state of affairs.

If there are discrepancies, you will have to give a legal assessment of the plaintiff’s claims and evidence and challenge them (including with the help of your own evidence).

There is no unified form of response to the claim. However, lawyers recommend providing the following information in the document:

name and address of the court;
information about the applicant of the objection (full name, address, telephone);
case number assigned by the court;
information about the claim and claims;
expression of disagreement with the claim (partial or complete);
substantiation of the applicant's position;
listing of evidence, as well as links to relevant provisions of legislation;
presentation of one’s own vision of the situation;
a request to the court for partial or complete refusal of the stated claims;
list of evidence;
date and signature of the applicant.

Types of challenge

Objections can also be counterarguments to the statement of claim. In this case, the document describes point by point why you do not agree with the plaintiff’s position, what regulations and evidence (receipts, certificates, testimony) confirm this.

There are three types of objections:

in the form of an explanation of the position in court (with the presentation of evidence);
to procedural violations committed by the plaintiff;
on material requirements (the amount of alimony is called into question, etc.).

If the plaintiff violated the requirements of the Code of Civil Procedure (CCP) when filing a claim or provided evidence during the process that was not in the form of an original or a certified copy, then this will be considered a procedural violation and can be appealed by the defendant. The authenticity of collected witness statements and other evidence may also raise questions. At this stage, an examination of documents is ordered, for example, if there are doubts about their authenticity.

Objections are also written if the plaintiff clearly fails to prove the circumstances of the case or in connection with the inflated amount of the claims. You can appeal not only the amount, but also the order of the required deductions.

If your financial situation changes, the amount of alimony may be revised, but for this you need to document the fact of an increase or decrease in income.

Sample objection to a statement of claim for the recovery of alimony

The presented sample clearly shows the relative simplicity of drawing up the document. However, when filing a response to a claim, you must adhere to certain rules:

provide exclusively truthful and verifiable information;
avoid emotional coloring of the text;
do not use abusive language towards the plaintiff, the court, or third parties;
do not write anything that is not relevant.

What you need to submit along with your objection

identification;
information about income, financial situation - certificates from the place of work, fiscal authorities, Rosreestr, etc.;
information about marital status, presence of dependents;
a copy of the court decision on deprivation of the plaintiff’s parental rights;
information about the failure to fulfill the obligation to support the defendant by the plaintiff by force of law, court decision (copy of the writ of execution, information about the debt, etc.);
other evidence.

The procedure for filing objections to a claim for alimony

Filing an objection to a claim is possible before the court makes a decision, that is, until the judge leaves the courtroom to make a final decision. But lawyers strongly recommend preparing the document within the period allotted for preparing for the meeting.

The exact date is indicated in the court ruling, which is sent by the court at the defendant’s place of residence. To familiarize yourself with the case materials, you must visit the court.

The objection to the claim is considered by the court together with the statement of claim at one court hearing. The judge will need more time to study the submitted materials. If the situation requires it, he can order the necessary examinations and call witnesses.

The court makes a balanced and reasoned decision, taking into account the accepted claim and objections.

How to properly file an objection to a court order for alimony collection

In many ways, this document is similar to a response to a claim.

Similar to claims proceedings, there are no special requirements or established form. However, the document must contain certain information.

Name and address of the court.
Full name and address of the person making the claim for alimony.
Name and address of the person against whom the court order was issued.
Title of the document.
A laconic description of the situation and existing legal relations prior to applying to the court for the issuance of a court order.
Disagreement with the applicant's demands and the court order.
Grounds for objection. Unlike lawsuit proceedings, in this situation one can refer to reasons that cannot be proven by documents, such as disagreement with the amount and procedure of payments or lack of information about the applicant’s desire to collect (receive) alimony.
Request to the court to cancel the court order.
Date and signature.

The legislation allows the defendant to disagree with the plaintiff’s opinions and arguments. 10 days are allotted for this from the date of receipt of the court ruling. The countdown begins from the moment the order is received by mail (it is sent by registered mail to the payer’s address).

If the deadline is missed for a good reason, the alimony payer has the right to go to court to restore it. To do this, in the objection itself you need to indicate both the reason for the delay (and document it) and a request to restore the missed deadline. If the judge agrees with the arguments presented and considers the reason valid, the term will be reinstated. Otherwise, you will have to appeal the order using a cassation appeal.

Application deadlines and registration rules

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

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

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

FOR YOUR INFORMATION. Objections are submitted to the court that is conducting the case: world or district.

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

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

Attention: the appeal is presented on no more than 2 pages if the text is printed.

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

Where to file an objection to a court order for the collection of alimony

The objection is sent to the same court that issued the court order. This application is not subject to state duty. But this does not mean that it is enough to simply submit the document or send it by express mail. You will also need to attach a number of documents to the objection:

a copy of the objection for the claimant;
a copy of the court order itself (if such rules are established at the court site);
a copy of the envelope with a date of delivery stamp.

Important! If documents are submitted to the court in person, another copy is needed, on which the court employee must make a note of acceptance indicating the date.

In response to the received objection, if it is justified, the judge cancels the issued court order. The applicant has the right to submit a statement of claim so that the case is considered within the framework of the claim proceedings.

Judicial practice on objections to claims for alimony collection

In judicial practice, objections to court orders and responses to claims occur regularly. With their help, defendants have the opportunity to either be completely freed from the obligation to pay alimony, or to significantly adjust the volume, timing and procedure for their payment.

Objections to a court order are most often filed when any procedural errors are identified. The withdrawal of a claim is also most often associated with a violation of procedural requirements. But there are also cases involving unfounded claims.

If the defendant (or the alimony payer under a court order) confirms his position with reasonable arguments, evidence and the norms of current legislation, the judge takes his side and takes into account the objection (feedback) when considering the case and making a decision. Otherwise, the document remains unattended.

Responsibility for violation of obligations calculation of penalties for alimony

We count:

20 t.r. (debt for May) x 31 x 0.005 = 3100 rubles. — penalty as of June 1, 2016;
42 t.r. (debt for June + for May) x 29 x 0.005 = 6090 rubles. — penalty as of July 1, 2016;
67 tr. (debt for July + for June + for May) x 31 x 0.005 = 10,385 rubles. — penalty as of August 1, 2021.

Total as of August 1 - debt 67 thousand rubles, penalty 19575 rubles. (3,100 + 6,090 + 10,385). Is alimony from sick leave subject to deduction? The answer is in the next article.

Important

You can calculate it differently:

Debt for May - 20 thousand rubles. Days of delay as of June 1st 91, penalty 9100 rubles.

for June - 22 thousand rubles. 60 days as of July 1, penalty 6,600 rubles. (22000 x 0.005 x 60); for July - 25 thousand rubles. Days as of August 1st 31, penalty 3875 rubles. (25000 x 0.005 x 31).

Total as of August 1, the debt for alimony was 67 thousand rubles, the penalty was 19,575 rubles.

(sum of three numbers).

Questions and answers about objecting to a claim for alimony

What can be challenged with an objection?

As a rule, drawing up an objection is associated with identified violations - legal or procedural. The grounds for challenge are given above.

In general, we can say that it is possible to challenge:

the right to claim alimony;
amount and procedure of payments;
unlawful demands.

Is it possible to challenge the amount of alimony based on a court order or lawsuit?

Yes, if the alimony payer (defendant) has convincing evidence of the impossibility of paying the awarded amount, he can file an objection. It is necessary to indicate the most acceptable amount and provide arguments in its favor:

when awarding alimony in a fixed amount, provide the court with a certificate from your place of employment so that the claimant receives the due share of the income;
when awarding alimony as a share of income, submit to the court a certificate of lack of employment in order to award alimony in a fixed amount;
if the amount of the claim is too high, provide the court with evidence of the real need of the recipient.

Reasons

To question the very fact of awarding alimony or its amount, you must have compelling reasons.

The grounds for appealing alimony are:

lack of financial capacity to pay alimony;
doubts about paternity;
the defendant’s claims to the upbringing of children by a stepmother or stepfather, if the marriage was less than five years;
desire to raise a child independently;
alcoholism, drug addiction, commission of an intentional crime by the plaintiff, which resulted in disability;
the presence of other minor children with the defendant who also require financial support.

The most common grounds for objection: the alimony payer lacks money and has other small children. This can be easily proven by the birth certificate of the children, a certificate from work about the amount of income or from the employment center stating that the defendant is unemployed and is registered.

After examining the circumstances, the court may reduce the amount of alimony. Financial assistance can be completely canceled only in strictly defined cases (for example, in the event of the death of one of the parties, etc.).

Expert opinion

A correctly drawn up and confirmed objection to a statement of claim or a court order for the collection of alimony is an effective way to protect the interests of the alimony payer. The applicability of an objection or response to a claim depends on the correct presentation of the circumstances, compliance with regulatory and procedural requirements for documents and evidence.

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