With age, the child needs more and more needs, and the amount of alimony assigned several years ago no longer satisfies his needs, and even at the current level of inflation may turn out to be negligible. Therefore, a mother who is raising a child alone (as most often happens in life) is forced to go to court again in order to increase the amount of alimony. First of all, what will be required of her is to write a statement of claim to increase the amount of alimony. How to do this correctly, and who can apply for an increase in the amount of alimony?
In what cases is it possible to increase the amount of alimony?
Without good reason, you will not be able to increase the amount of alimony at your own request. So, what could be the basis for filing a claim to increase the amount of alimony payments.
- Dismissal from work or reduction in salary of the parent with whom the child lives;
- Deterioration of financial situation as a result of the emergence of new financial obligations or the termination of other payments, for example, state benefits;
- Deterioration of the child’s health or the need for expensive surgery;
- Serious health problems in a parent or disability;
- Death of other family members who provided financial support;
- Additional expenses for a child that are classified as essential;
- Increasing the cost of goods and services that meet the needs of the child.
The change in the amount of alimony occurs on the basis of Article 81, Part 2 of the Family Code, which describes the grounds for increasing payments.
This is not a complete list, and in your application your reason may differ from those given above, but it must be valid and supported by relevant evidence: certificates, statements, checks, receipts. But as for the payer himself, he can also file a similar claim if his salary level has increased or circumstances have changed that affect his financial situation. However, in practice this is extremely rare.
Special cases
In practice, sometimes situations occur when the second parent raising a child wants to increase the amount of alimony, having discovered the fact that the payer receives a gray salary. In addition, cases related to increasing alimony payments made by pensioners and disabled people are sometimes considered.
With a gray salary
Gray wages mean part of the income received, which is not officially taken into account anywhere. Thus, this leads to an underestimation of the amount of child support paid.
In such a situation, the second party (recipient of funds) will need to prove in court that there is a gray earnings scheme. To do this, the plaintiff can submit an application in advance to the tax authority to conduct an audit against the alimony payer.
If the alimony worker is a pensioner or disabled
It is quite difficult to achieve an increase in payments from a pensioner or disabled person , since it is believed that this category of the population also needs financial support. In this regard, an alternative option may be to put forward a demand for the recovery of additional expenses associated with the maintenance of a common child.
Thus, current legislation does not prohibit increasing the amount of alimony payments. This can be done in court or by drawing up an agreement. Having chosen the first option, the applicant needs to worry about collecting facts confirming the need to increase the allowance for the child.
How to increase alimony?
To increase the amount of alimony, you must apply to the Magistrates' Court. The application is submitted to the defendant’s registered or residential address. If the cost of the claim is above 50,000 rubles, then the application must be submitted to the district court, preferably to the same body where the decision on the initial collection of alimony was made. The recipient may not always be the initiator; sometimes the payer is also the initiator, if the father is not indifferent to the life of his child. In order to increase alimony, you need to correctly write a statement of claim for an increase in payments, attach the necessary documents to it and pay the state fee. After this, the case is taken before a judge.
You must understand that it is possible to increase the amount of payments through the court only if alimony is paid legally, on the basis of a previously issued writ of execution, court order or concluded alimony agreement.
But if initially the collection of alimony occurs on a voluntary basis, by concluding a notarial alimony agreement between the spouses, then the change in amount occurs in the same manner. Parents need to discuss this point and come to a common opinion. The mother needs to convince the father of the need to increase the amount of child support. If the issue can be resolved amicably, then additional clauses on the new amount of payments are added to the alimony agreement, which are certified by the signatures of both parties and a notary. From this day on, the changes come into force.
Ways to increase content
In accordance with Article 81 of the RF IC, alimony for minor children is collected in proportion to the earnings or income of the parents, or in a fixed sum of money, or simultaneously in shares and in a fixed sum of money.
The amount of alimony payments can be increased or decreased and depends on the financial and marital status of the parties and other circumstances that deserve attention.
Such circumstances include:
- the presence in the life of the payer of other children or other persons whom he is obliged to support by law;
- low income of the alimony obligee;
- loss of ability by the payer to work as a result of injury or serious illness;
- the health status of the child for whom alimony is being sought (disability, long-term expensive treatment).
The priority for the court is to protect the rights and interests of the child.
If alimony is collected as a share of the parent’s income and the income received is not enough to ensure an optimal standard of living for the child, the amount of alimony can be changed.
Article on the topic: Methods and procedures for paying child support
Alimony from a fixed amount to a share
If alimony was paid in a fixed sum of money, and the recipient considered that in proportion to income the amount of payments was greater and the court found that the interests of the parties were not violated, the claim will be satisfied.
Situation: Salary 20,000 rubles. Alimony was assigned at a fixed rate and amounted to 5,000 rubles. After a year and a half, the payer began to earn 50,000 rubles, but the payments remained the same. The recipient filed a claim to change the method of collection. The court considered the circumstances of the case, taking into account the family and financial situation of the parties and ordered alimony of 25% of the salary. The amount was 12,500 rubles.
In a flat amount
It is difficult to obtain increases in alimony paid in a fixed amount of money, since the interests of the payer are also taken into account. The amount of fixed alimony is tied to the minimum subsistence level established in the region. If the value of the subsistence minimum (subsistence level) has increased, then the amount of payments increases.
Mixed option
Without infringing on the rights of the payer, it is possible to collect alimony in a fixed sum of money or simultaneously in shares and in a fixed sum of money.
This is possible if the payer has an official salary and additional income, the amount of which cannot be determined.
Important! Code of Civil Procedure of the Russian Federation Article 56 obliges each person participating in the case to prove the circumstances to which he refers.
The court determines what circumstances deserve attention when considering the case and which party needs to prove them. The court may bring up a circumstance for discussion in which the financial support of the child will significantly improve, even if the parties did not refer to it.
Required documents
Before going to court, it is necessary to prepare a mandatory package of documents, which are considered along with the statement of claim.
- Applicant's passport;
- A writ of execution for the collection of alimony, a court order or an alimony agreement;
- Child's birth certificate;
- Certificate of divorce, if the union was concluded between parents;
- Confirming certificate of cohabitation of the child with the plaintiff;
- Certificate of income of the applicant;
- Documents that serve as evidence of the need to change the amount of alimony;
- Receipt for payment of state duty.
When filing claims, the court office requires a receipt for payment of the state fee, the amount of which depends on the amount of the claim (Article 333.19 of the Tax Code of the Russian Federation). If a positive decision is made, the responsibility for paying the tax falls on the shoulders of the defendant.
When going to court, you need to take with you not only copies of the above documents, but also the originals. The most important point is the evidence; the final decision of the judge depends on how weighty it is. This can be either one certificate, for example, about the child’s health status, or a whole package.
Is it possible to index
Indexation is an important part when accounting and calculating alimony. It is mainly used in situations where the parties have entered into a notarial agreement. It is there that you will need to indicate the order, percentages and size of indexation.
If you have not done this, then indexation will be carried out according to the rules specified in the law. This size directly depends on changes in the cost of living in the country or in your region.
How to file a claim in court to increase the amount of alimony
The statement of claim is written in three copies - for the judge, the plaintiff and the defendant. The time frame for consideration of the application depends on the correctness of writing the application, and if the text is incorrect, they may be immediately refused. The rules for writing a claim are fixed in Articles 131-132 of the Civil Procedure Code. You are required to adhere to the following document structure:
- In the header we indicate the judicial authority where we are applying, its address;
- Personal data of the plaintiff and defendant - passport, residential address, telephone;
- We indicate the purpose of the appeal and the price of the claim, that is, the difference in the amount of alimony for the year;
- The title of the document is “Statement of Claim”;
- From the red line we indicate the essence of the appeal - an increase in the amount of alimony. We describe the reason for the need for an increase, family and life circumstances that require a change in the amount of payments;
- Data of the writ of execution or court order on the basis of which alimony is collected;
- Other information that may influence the decision;
- Refer to articles of the law that give you the right to demand an increase in alimony;
- In the form of a list, list the documents attached to the claim;
- Date, signature.
A claim can be filed not only by the parent living with the child, but also by any other trusted person. However, the representative must indicate this in his application when applying.
In the claim, the main emphasis should be placed on the purpose of the appeal and the need to increase the amount of alimony. The text must be correctly presented, without emotions and non-literary speech. In order not to make mistakes, it is better to refer to a ready-made sample application, which can be downloaded from our website or viewed at the information stand in the judicial authority.
Changing the form of payment
As you know, the law provides for three main forms of alimony payment:
- as a percentage of earnings;
- in a fixed amount of money;
- mixed version (combines the previous two forms).
Sometimes recipients or payers of child support want to change the form of child support payment. You can do this in one of the following ways:
- file a corresponding claim with a judicial authority;
- enter into an agreement or change the terms of an existing one.
When deciding to change the form of alimony payment, you need to understand which method will be most beneficial in a particular case.
So, for the recipient of the funds, a more acceptable option is to calculate alimony as a percentage of the earnings of the second parent. However, this form will be beneficial under one important condition - the payer must have a stable high income.
If the person obligated for alimony does not have a regular monthly income, the recipient of the funds should apply to change the method of paying alimony to a fixed monetary amount. Also in this case, a simultaneous combination of a fixed payment and a certain percentage of income would be a profitable option.
If we talk about a payer with a high income, then it is much more profitable for him to pay alimony in the form of a fixed sum of money.
Consideration of the claim and making a decision
If there are no claims to the application and documents, then the claim is taken for consideration. According to Article 154 of the Civil Procedure Code, a claim is considered within no more than 30 days. During this time, the judge examines the case, the essence of the request, grounds and evidence, after which he schedules a court hearing and notifies both parties. At the hearing, the plaintiff must prove the need to increase alimony. The defendant, in turn, may agree, or may protest if he does not consider the demands convincing, or he does not have the opportunity to satisfy the request of the child’s mother - to increase child support payments.
After hearing the parties, the judge makes his decision. He can fully satisfy the claim, partially or refuse it. If you disagree with the decision, each party has the right to challenge it by writing an application to the appellate court. A certain period of time is allotted for this - 1 month. If during this time there was no counter appeal, then the court decision comes into force and is subject to execution.
Along with filing a claim to increase alimony, the applicant may also demand a revision of the form of payments, for example, to switch from proportional to fixed or vice versa.
If the decision is positive and it enters into legal force, the writ of execution is transferred to the bailiff service, where they collect alimony. The bailiff enforces the order - sends the court decision to the place of official income of the alimony payer or personally controls the amount of future payments.
How to change the procedure for collecting alimony?
Alimony obligations established by agreement or through a court order require execution in accordance with the Family Code of the Russian Federation, Chapter V. The law regulates the relations of interested parties, establishing the terms, amount and conditions for the fulfillment of material responsibilities for the maintenance of relatives. The largest percentage of child support cases concern the maintenance of minor children left in the care of one of the parents. It should be noted that child support requirements do not depend on the social status of the parents and can arise during marriage and after divorce.
Arbitrage practice
As judicial practice shows, the judge usually sides with the mother and child and makes a positive decision. It may not always correspond to the amount that the plaintiff expected, but the increase process will still affect the amount of payments. But you must also approach the filing of the application responsibly and collect the necessary evidence forcing you to demand an increase in the amount of alimony from the court. If all the rules are followed, then the probability of a positive outcome is up to 80%. But we should not forget about the financial side of the payer. If the defendant officially receives a small salary or is disabled, and the amount you expect to increase it is unaffordable for the father, then it is quite difficult to count on a satisfactory outcome, and the judge cannot make decisions violating the rights of the other party.
You should also understand that when increasing the amount of alimony, you cannot immediately count on double or triple the amount of payments compared to the previous one. For example, if you previously received 0.6 minimum wage, then after review the judge may assign 1 minimum wage. If you disagree with the decision or refusal (Article 134 of the Code of Civil Procedure of the Russian Federation) of your appeal, you can appeal it to a higher authority or, after some time, file a second claim. However, repeated application is possible in the presence of newly arisen circumstances, and the collection of alimony does not have a statute of limitations.
Thus, in order to go to court to increase the amount of alimony, you must have grounds. They must be correctly stated in your statement of claim and supported by evidence. This is the only way to achieve a positive decision and increase the amount of payments for the child.
Reasons for refusing to accept an application
It should be remembered that the acceptance of a claim and a negative decision on it are two different things. A claimant may be refused admission when:
- an incomplete list of documents has been provided;
- there are no grounds for increasing payments;
- The submitted documents do not correspond to state standards.
A negative decision can be made for reasons: deterioration of solvency, financial problems or the normal financial situation of the plaintiff.
Statement of claim to change the procedure for collecting alimony
In the extremely unstable socio-economic situation in our country, it is not uncommon for changes in the financial situation of citizens to occur. Regardless of whether these changes are directed for the better or for the worse, this should in no case affect a minor child.
Therefore, family law provides for the possibility of filing a claim in court to change the method of payment of alimony - from an amount proportional to earnings to a constant, fixed amount and vice versa. This article is about what legal theory says about this and how to implement it in practice.
