Statement of claim to increase the amount of alimony in 2021 (sample)

Child support can be paid by the child’s parent either voluntarily or on the basis of a court decision or court order issued in the event of a parent’s refusal to fulfill his or her obligations to support the child.

The amount of alimony is established by a court decision in one of two ways:

In the form of a fixed amount, paid regardless of the income and its size of the payer;
As a share of all types of earnings, calculated based on all types of official income of the parent.

The amount of alimony cannot be revised unilaterally - only the court has the right to increase or decrease the amount of alimony based on a reasoned request from one of the parties

Grounds for increasing the amount of alimony

The reasons for increasing the amount of alimony are not established by law. With the exception of Art. 119 of the RF IC, which states that the basis may be a change in the financial situation of the claimant or payer.

Grounds for changing the amount of alimony:

significant deterioration in financial situation;
the need for additional expenses for a child;
dismissal from employment;
pregnant women and those raising children under 3 years of age can collect alimony for themselves;
an increase in the payer’s earnings (if alimony was assigned as a share of the salary, its amount will increase, which cannot be said about fixed amounts - they will remain unchanged);
death of relatives who helped mother and child;
the need for expensive treatment for the ex-wife, and therefore there is not enough money for children.

Important! The increase in alimony occurs automatically due to indexation based on Art. 117 RF IC. It is carried out by an accountant at the payer’s place of work. When concluding an alimony agreement, the specifics of indexation are prescribed in it, but in the absence of relevant clauses, one should be guided by the provisions of Art. 117 RF IC.

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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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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.

How to draw up a claim correctly?

There is no unified form for the statement of claim, but when filling it out, it is necessary to take into account the rules of the Code of Civil Procedure of the Russian Federation regarding the content.

It should include the following information:

name of the court;
Full name, registration addresses of the plaintiff and defendant;
when and by whom the previous decision to collect alimony was made;
details of the decision;
FULL NAME. child, series and number of the child's birth certificate;
passport details of the plaintiff;
link to article 119 of the RF IC, according to which, if the financial situation changes, the plaintiff may petition for an increase in payments;
claims: to collect and increase alimony, an indication of the amount is required;
a list of attached documents.

At the end there is a date of compilation and a signature. The plaintiff may also indicate the recovery of his legal costs from the defendant as a requirement.

If, when collecting alimony for a minor child, proof of the need to collect alimony is not required, then when the amount increases, the responsibility to substantiate the claim falls on the plaintiff. The applicant must explain in detail why the court should make the relevant decision. If the claim does not contain evidence, the court will refuse to satisfy the claim.

The following can be presented as evidence:

information about the increase in the payer’s income;
data on inflated expenses of the alimony provider (purchase of expensive real estate, foreign vacation);
photos from social networks about expensive pastimes;
information about the availability of additional income.

The information must be supported by documents or testimony of witnesses.

Sample application to increase alimony from 1/6 to 1/4

Consultation on document preparation

Sample application to bailiffs for the calculation of alimony arrears

Exemption from alimony payments and preparation of a statement of claim

Which court should I go to?

In order to achieve an increase in the amount of payments, you can seek help from a magistrate. In Part 3 of Art. 29 of the Code of Civil Procedure of the Russian Federation states that such a claim can be brought both at the place of residence of the plaintiff and at the address of the payer.

The name of a specific justice of the peace may not be indicated in the claim. Just write in the header “To the magistrate for _____ precinct.”

Specific details of the magistrate's court can be easily found on the Internet, depending on the locality and street name. All materials for the magistrate can be submitted either through the office or sent by mail.

The procedure for filing a claim to increase the amount of alimony

To increase payments, the plaintiff is recommended to act according to the instructions:

Prepare documents indicating the child support provider’s ability to pay more. These can be salary certificates, extracts from medical institutions, 2-NDFL from the payer’s place of work.
File a claim.
File a claim with documents in court at the place of registration of the defendant. If it is unknown, everything is sent to the plaintiff’s registered address.
Attend court hearings. The first hearing is scheduled 10 days after the application is registered.
Get a court decision. If it is negative and has not entered into legal force, an appeal is made through the appellate procedure. Decisions that have entered into force are appealed through the cassation procedure.
Apply with an extract from the court decision and a writ of execution to the bailiffs if proceedings have been initiated against the payer. For recovery through the employer, the IL is submitted to the accounting department at the place of work, and deductions are made according to new calculations.

There are situations when a woman, instead of increasing the amount of alimony, can apply for additional payments - they are specified in Art. 86 RF IC. You can receive additional funds (compensation) for expenses already incurred or for future expenses if your child needs expensive medications, treatment, or paid ongoing care after a serious injury or illness.

Sample application for the collection of additional alimony:

Consultation on document preparation

More details on the grounds for collecting additional payments can be found here.

Documents attached to the claim

When filing a claim, you must provide:

passport;
children's birth certificates;
receipt of payment of state duty;
salary certificate;
certificate 2-NDFL;
certificate of family composition;
agreement on payment of alimony.

The last document is provided if it was previously issued by a notary. The secretary makes copies of the entire list and gives the originals to the plaintiff.

Payment of state duty

According to Art. 333.36 of the Tax Code of the Russian Federation, plaintiffs in cases of collection, increase or decrease in the amount of alimony are exempt from paying state duty. However, it will still have to be paid, but by the defendant. The demand for payment must be reflected in the statement of claim.

The state duty is 300 rubles.

Application processing time

According to Art. 154 of the Code of Civil Procedure of the Russian Federation, claims for the collection of alimony are considered within 1 month. Next, a court decision is made, on the basis of which the plaintiff and bailiffs act.

Time limit for the court decision to enter into legal force

According to Art. 209 of the Code of Civil Procedure of the Russian Federation, the court decision comes into force within a month after registration, unless otherwise stated in it. This time is given for an appeal. If the deadline is missed, a cassation appeal is filed - it can be considered not only at hearings, but also in the judge’s office without scheduling a hearing.

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Attachments to the claim

The application will not be considered without attachments justifying its submission. The list includes documents:

copies of claims according to the number of parties involved in the process;
receipt of payment of state duty;
applicant's passport;
a document confirming the right of a family member (child, parent) to receive alimony;
a document providing the basis for payment of alimony: an agreement, a court order, a court decision, that is, a writ of execution with information about the previous amount of payments;
copies of documents confirming receipt of penalties;
documents confirming the reasons for the need to increase alimony: a certificate of health, a change in family composition, admission to an educational institution on a paid basis, checks indicating the cost of medications for health improvement and other evidence.

If the required documents are not available, the applicant will be given time to collect data.

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.

Appealing a court decision

If one of the parties does not agree with the decision, it can be appealed within a month by filing an appeal, and later only through a cassation appeal.

The appeal is submitted to a higher judicial authority. For example, if a decision is made by a magistrate's court, an appeal is made to the district court.

Procedure:

The interested party files an appeal.
The court receives the appeal and notifies all parties to the proceedings, including the defendant in this case.
The defendant has the right to file an objection. If it is reasoned, the court will take it into account.
The judicial authority issues an appeal decision. If it changes or cancels the terms of the first decision, it enters into legal force on the day of execution.

Filing a claim to increase the amount of alimony is available to both parties – the payer and the recipient. You can increase the amount of payments by drawing up an alimony agreement, and if there are disputes, only in court.

Methods of paying alimony: legislative framework

The main regulatory document is the Russian Family Code.

It specifies the types of maintenance, the procedure for payment or forced collection, including alimony for a wife on maternity leave.

If the debtor has a stable income, then monthly deductions are made from him as a percentage.

At the same time, child support as a percentage directly depends on the number of minors in need of maintenance.

The amount of payments from income established by Art. 81 IC RF :

for one child – a quarter of 25%,
on two – a third 33%,
for three or more – half 50%.

When the debtor does not have a stable means of livelihood, alimony is awarded in a fixed amount. The legislation does not establish any specific lower limit. At the same time, the courts link payments to the minimum subsistence level in the relevant region.

The child's parents have the opportunity to sign an agreement between themselves regarding the payment of child support. It must be certified by a notary. Article 104 of the RF IC provides for additional methods of making payments.

The agreement can even stipulate marital alimony in a fixed amount, periodically and at a time. Sometimes paying the entire amount is beneficial for both the payer and the recipient (payment for treatment or education of a child).

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Roslyakov Oleg Vladimirovich

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

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The contract may also stipulate the provision of property as payment. For example, a father transfers a car or real estate to a child. Combined schemes (money + property) are not prohibited.