Today we will be interested in a statement of claim to reduce the amount of alimony. It should be able to compile and submit every citizen of the Russian Federation. Indeed, in life there are different situations. And sometimes prescribed alimony significantly harm a person. The legislation of the Russian Federation allows both their increase and decrease. Of course, a claim is satisfied only if there are good reasons for adjusting payments. They will have to prove and confirm. What is necessary to remember about the mentioned process?
Defining Child Support
Samples of claims to reduce child support will be submitted later. The first step is to understand what is at stake.
Alimony - regularly (more often - monthly) allocated funds for the maintenance of needy relatives. This responsibility, as a rule, takes place in relation to spouses, children and parents.
Alimony may be paid:
- voluntarily (by oral agreement);
- by peace agreement (executed by a notary public);
- by court order.
Most often, citizens are faced with the latter option. But even prescribed child support can be reduced. It is enough to file an appropriate claim and confirm the existence of a good reason, because of which you cannot pay the appointed amount. The increase in monthly payments is made in a similar way.
Where to direct?
Where do I need to file a lawsuit to reduce child support? It is not difficult to guess that courts are involved in such cases. But which ones?
All issues related to alimony (appointment, amendment, cancellation) are considered by the magistrates courts. And it is here that it is necessary to send a corresponding request.
Who is eligible?
Filing a lawsuit may be rejected if something is done wrong. The claim to reduce the amount of alimony, ideally, is filed with the magistrate’s court directly by the plaintiff, namely the payer of alimony. But their recipient has the right to appeal to the judiciary.
In addition, a visit to the court of the representative of the plaintiff is allowed. For example, one of the parents of the child. Or other people with formalized power of attorney.
Third parties cannot appeal to the court with the request being studied. Everyone should remember this. In real life, only the payers themselves apply to reduce child support.
Reasons to Visit the Court
In fact, the topic under study has many nuances. The thing is that just so reduce or increase the child support previously appointed by the court will not work. This is due to the fact that under such circumstances the financial situation of a needy citizen or children will be affected. Therefore, before submitting a request to reduce child support payments, it is necessary to prove the validity of their actions.
You can try to reduce child support in the following cases:
- there are suspicions that the allocated funds are being spent for other purposes;
- the payer has suddenly had financial problems for reasons beyond his control;
- the state of health of a person listing child support has worsened (up to the loss of working capacity);
- more children were born;
- obtaining by the payer of disability (1 or 2 groups);
- the child independently earns a living a sufficient amount of money;
- the recipient of alimony has a profitable property;
- new members of the family appear in the payer's family, requiring maintenance;
- the payer has too high income (provided that child support is assigned as a percentage of earnings).
As a rule, in real life, people illegally lower their earnings in order to pay a minimum of child support. Of the legal ways of partial exemption from liability, the most common is the birth of regular children at the payer.
What does not count?
It is not always possible to file a claim to reduce the amount of alimony. There are features that will not be taken into account by the court.
For example, the following reasons cannot serve as grounds for applying to the judicial authorities:
- high income of the parent with whom the minor resides;
- the child has non-profitable property;
- payment of pensions to minors.
Thus, if the children are left with their mother, who is married, the father of minors will not be able to free themselves from alimony. And reduce them too. Even if the payer's earnings are lower than the income of the second parent.
Structure
Now it is possible to consider in more detail the example of a statement of claim to reduce the amount of alimony. How to compose this document?
This is not so difficult to do. The main thing is to observe a certain structure of the document. Then it will be possible to convey their thoughts as correctly as possible.
The lawsuit must consist of:
- "Hats". This part is written in the upper right corner of the sheet. It contains information about the court and the plaintiff.
- Names with specification.
- The main part. A detailed story is written here and justifications are given to reduce child support payments.
- The list of documents attached to the claim. It is necessarily numbered. If there are witnesses, then it is customary to talk about them at the end of the document.
- Conclusions This component includes the filing date of the request and the signature of the plaintiff.
That's all. If you follow this structure, then there will be no difficulties with the preparation of the document under study.
Mandatory Information
How to write a claim to reduce child support? To compile it, you do not have to resort to the help of professional lawyers.
Some are interested in what information must be contained in the document. These data include:
- name of court;
- personal information and address of the plaintiff;
- last name, first name and patronymic of the defendant;
- data on child support payments;
- circumstances that served as a pretext for going to court;
- evidence of the position of the plaintiff;
- the price of the claim (the amount by which alimony has decreased over the year);
- list of papers attached to the request.
Perhaps this is all. It is necessary to convey information as briefly as possible, but in detail. The lawsuit describes only information that can affect the course of the case.
Duty
The statement of claim to reduce the amount of alimony requires not only the correct writing, but also the following procedure for submitting the document for consideration. A rather important component is the payment of a fee. Without a copy of the receipt of payment, the claim will not be accepted by the court.
To date, the minimum fee for the said application is 400 rubles. The exact cost of the operation depends on the price of the claim. Therefore, more detailed information is best clarified in court.
About Failures
A lawsuit to reduce child support for two children is not so difficult to file. But if you violate the procedure, then the document can be returned.
Refusal to accept the application may in the following circumstances:
- the lawsuit was filed with the court, which does not consider such cases;
- the document was submitted for consideration by third parties without a power of attorney;
- the plaintiff is declared legally incompetent;
- Previously, a similar lawsuit has already been filed, a corresponding court decision was issued.
In addition, the claim can be returned at the personal request of the plaintiff. But this is an extremely rare case, which in practice is almost never found.
Documentation
What documents are needed to implement the task? There are a lot of them. And the list of papers for filing a lawsuit to reduce child support can not be called unambiguous. First of all, it will depend on the reason for the appeal.
Nevertheless, an approximate package of papers looks like this:
- claimant's passport;
- lawsuit;
- marriage and divorce certificates;
- birth certificates of all adopted and born children;
- income statements;
- bank statements from the account to which alimony is transferred;
- evidence that a person has dependents and other needy relatives;
- disability statements;
- witness's testimonies;
- receipts of payment of duty;
- court ruling on previously ordered alimony.
It is advisable to submit all papers along with their copies. As we have said, this list cannot be considered exhaustive. For example, sometimes photo, video and audio materials can prove the need to reduce child support. Therefore, they can also be used.
Sample
The following is a sample statement of claim to reduce child support. This is just a template to help you understand the principles of paper design. The main thing is that it should be submitted in writing.
In fact, writing a lawsuit is not the most difficult task. Much more difficult is the collection of evidence indicating the legitimacy of the request. The lawsuit to reduce the amount of child support in 2017 looks exactly the same as before. But in each case, the document will have an individual text and a list of documents. Therefore, you cannot find a ready-made application template and use it in the future!