How to challenge a reduction in alimony, objections to a claim for a reduction in the amount of alimony

In this article we will look at what to do if the ex-husband filed a lawsuit to reduce alimony?

By law, the ex-husband and breadwinner of the family is obliged to pay alimony for the child or children. But the law also allows for the size of these payments to be reduced. In particular, this is used by men who want to deviate from their obligations. But the reasons for this can be quite compelling. In any of the cases, the wife and mother is not satisfied with the decision of the child’s father, and will try to look for an opportunity to change the situation.

Grounds for reducing alimony

The legislation of the Russian Federation allows the payer to change the amount of penalties for the child.

If the process of assigning payments was carried out voluntarily, by agreement of the parties, in order to reduce alimony, you need to meet with your spouse and discuss the new amount of payments in the presence of a notary. When consensus is reached, the agreement is changed in some points, the notary checks the legality of such actions and certifies the document.

If a compromise is not reached, or if alimony was assigned through the courts, the payer will have to file a claim to reduce its amount on the basis of Art. 119 RF IC.

As arguments, the plaintiff may indicate:

Decrease in income due to dismissal, transfer to another position, layoff.
Change in marital status, appearance of dependents in the family. For example, if the ex-husband remarried and had children; the parents have reached retirement age and are dependent on the man; Child support was issued for another child after he or she reached the age of 18 due to disability.
Deterioration of health. An illness that results in a disability group can become an obstacle to working. The increased costs associated with treatment are also taken into account.
Emancipation is the declaration of a child who has reached the age of 16 as fully capable in connection with marriage, work under an employment contract, or engaging in entrepreneurial activity. Children are recognized as emancipated by the guardianship and trusteeship authorities (if parents or guardians agree) or in court.
The child is supported by the state (staying in a boarding school).

Circumstances that may affect the reduction in the amount of deductions are highlighted in Resolution of the Plenum of the Supreme Court of the Russian Federation N56 of December 26, 2017 and No. 9 of October 25, 1996.

Whatever reasons the alimony provider provides for reducing payments, attempts must be made to present them in a different light. For example, the payer’s illness is grounds for reducing penalties, but if you provide information about the father’s other sources of enrichment, this circumstance will be offset by an increase in income, and alimony will remain the same.

What cannot affect the reduction of payments

When assessing the weight of arguments in favor of reducing alimony, the court takes into account the financial situation of both parties. Taking this opportunity, ex-husbands try to appear disadvantaged, and use the following arguments as arguments:

The need to repay loans (for a car, house, cottage, household appliances, etc.). Indeed, there may not be enough funds to satisfy primary needs after paying off the loan debt. The spouse must calculate in advance the possibility of taking on debt obligations, knowing that the well-being of the child depends on him.
Difficulties with employment . Lack of work is not a reason to shirk responsibility. Calculation of deductions will be made based on the average salary in Russia. If the funds were transferred in a fixed amount of money, it may be reduced due to the discrepancy with the average salary.
Change in marital status : the ex-husband gets married and has other children who also need support. If the divorced wife proves that if the alimony is reduced, the living conditions of the children will be unequal, the court will leave the payments the same.
Disease . During the meeting, it becomes clear whether the spouse really does not have the opportunity to work, and the costs of treatment are so high that it is impossible to provide assistance in the same volume. If it turns out that a man works and receives income at the same level or higher, the penalties will not be reduced.

In fact, all the grounds that are the reason for reducing alimony are conditional. The decision can be either positive or negative. Depends on the validity of the arguments and the favor of the judge.

Example . Citizen A. filed a claim for the recovery of alimony from her husband L., who was legally married to her. L. did not object, and penalties were imposed in the amount of 1/6 of the income.

L. paid alimony to his son from his first marriage in the amount of ¼ of income, and since the amount of deduction was 41.6%, the man filed a claim to reduce alimony for his son from ¼ to 1/6. Arguments: according to Art. 81 of the RF IC, payments for 2 children should be equal to 33%.

Citizen S., an ex-wife, filed an objection, pointing out that L. and his current wife live together and have arranged alimony in a conspiracy for personal enrichment. The second wife was summoned to court as an interested party, who claimed that her husband lived with her, but did not give her money or provide for the child. As a result, the amount of penalties for the son from the first marriage was reduced from ¼ to 1/6.

In most cases, the court goes towards the plaintiff. The opponent - the spouse - must have documentary evidence, evidence that the spouse receives unofficial income, lives with another wife and voluntarily provides for her children, and has the ability to make the initial amount of payments.

The defendant needs to prove the need for funds, convince that the amount that the alimony provider is willing to pay is small to meet current needs, otherwise the claim will be satisfied.

Example. Citizen S. received alimony in the amount of 25% of her husband’s salary, the amount of which is 72,000 rubles. Her husband filed a claim to reduce the penalties from ¼ to 1/6 due to the need to provide for elderly parents. S. objected, saying that the child did not have enough money to live. According to the plaintiff's demands, S. will receive alimony in the amount of 12,000 rubles. , which is higher than the subsistence level in the region of residence. The plaintiff's demands were satisfied and alimony was reduced.

The amount of penalties for children is reduced if the petition indicates compelling unfavorable circumstances in which the plaintiff himself finds himself. If the ex-spouse focuses on increasing the income of his wife or child, there is no need to fear a reduction in alimony: the court does not take such arguments into account.

Registration of benefit reduction

A reduction in alimony can be voluntary, and it must be formalized in the form of an agreement signed by a notary. And even in this case, you can file an objection to reduce the amount of alimony (a sample is on the website).

For example, if new circumstances emerged or it was established that the payer presented falsified evidence. If assistance is prescribed by a court decision, then the amount will have to be reduced through court proceedings. Changes in the payment procedure are also made upon filing a corresponding petition.

If the benefit was paid in shares, then the reduction occurs according to a similar calculation system.

A review of the amount of payments is carried out on the basis of a filed claim with a corresponding petition. During the case, all circumstances leading to the dispute will be considered. If the other party does not agree, he can file a counter-objection to the application to reduce the amount of alimony.

How to challenge your ex-husband's claim to reduce alimony

If you disagree with a reduction in alimony, your spouse can act as follows:

File an objection to the claim in court.
Arrange for representation in court. If a family specialist speaks instead of your wife, a positive result is more likely.
Send an objection to the court and report your vision of the situation orally to the court.

Regardless of who will present the case at the court hearing, it is necessary to prepare an objection to the claim. This way, the judge can familiarize himself with the recipient’s arguments in advance, and the document will be attached to the case and, if necessary, used to file an appeal.

Procedure

If the ex-husband filed for a reduction in alimony, the spouse (child's mother) will receive a summons or other notification of the date of the hearing. A preliminary hearing will be scheduled the day before (Article 152 of the Code of Civil Procedure of the Russian Federation), where the parties can familiarize themselves with the case, express their opinions, and discuss issues of interest with the judge. The ex-spouse needs:

arrive at the preliminary meeting;
based on the information received, prepare an objection to the claim for reduction of alimony and submit it to the judge in person or send it by mail;
if necessary, file a petition to consider the case in absence, to demand evidence, to call witnesses;
take part in the trial in person or send a representative;
obtain a court decision, and if you disagree, file an appeal.

You can file an objection at any time, but before the judge retires to the deliberation room to make a decision.

Statement of claim (objection)

Structure and content of the objection:

In the right corner of the document it is indicated: the name of the court hearing the case; information about the plaintiff, defendant (full name, place of residence); case number.
By .
The essence of the objection. Here, information about the payer and recipient is presented, and arguments are given according to which the plaintiff does not have the legal and moral right to reduce payments to the child. Regulatory legal acts that contradict the requirement to reduce the amount of alimony are also indicated.
A petition where the recipient expresses disagreement with the reduction in payments and asks to leave them at the same level.
Attachments supporting the recipient's arguments.
Date and signature.

When drawing up an objection, it is recommended to seek the help of a lawyer.

What to indicate

If the structure of the document is clear, the question arises: what to write in an objection to a reduction in alimony? It all depends on the spouse’s arguments. The main task is to present compelling counterarguments.

The ex-husband may state the following:

No job. As proof, a copy of the work record book and a certificate from the employment center are presented. Counterargument - according to Art. 80 of the RF IC, parents are obliged to support their children under any circumstances.
The company reduced wages and transferred me to a low-paid position. In fact, this may become a basis for reducing alimony, which, for example, is paid in a fixed amount, but the wife may have information about her husband receiving a salary “in an envelope.” Then it is necessary to initiate an inspection of the employing company by the prosecutor's office and the tax service.
My health does not allow me to work, I have certificates. It is necessary to take into account that the spouse must pay alimony from all types of income, including those related to disability (Government Decree No. 841 of July 18, 1996). Disabled people of groups 1, 2, 3 are not exempt from paying assistance to minor children, however, if the illness does not allow them to work, alimony may be reduced. The spouse needs to objectively assess the situation.
The appearance of other children. Often, judges accommodate the plaintiff halfway and reduce payments, equating the deductions for all children to the same amount. The ex-wife will need to prove that the father’s earnings are high and there are no grounds for reducing penalties.
The child works and can support himself. The woman must provide a certificate of income of the minor and prove that the funds are insufficient for living.
The children became heirs to real estate and other property. It is worth emphasizing that you need to support a child at the current moment in time, and the right to dispose of property will come after reaching adulthood. In addition, property is a passive asset and does not generate income.

A woman can partially support her husband’s demands and agree to reduce the amount.

Sample objection

Documentation

It is important that the information provided is supported by documents. It is advisable to attach to the objection:

income certificate;
checks and receipts, detailed calculations of child expenses;
documents confirming the need for medical care.

The list of applications may be expanded depending on the circumstances.

Expenses

Filing an objection does not incur any officially assigned costs. Costs associated with engaging a lawyer at the initiative of the defendant are not reimbursed.

Sample appeal

In order to challenge a magistrate’s decision to reduce alimony, a person interested in the process must not only provide evidence confirming his words, but also correctly file an appeal.

Contents and structure of the appeal:

Name and address of the higher judicial authority;
Personal and contact information about the plaintiff and defendant in the case;
Title of the document;
The main part of the complaint describes the essence of the appeal;
The reason on which the alimony payer initiated legal proceedings to reduce the amount of payments is specified;
Which court made the decision that the defendant wishes to challenge;
The applicant’s arguments, on the basis of which the recipient of alimony payments intends to challenge the previous court decision;
The person’s request to reconsider the decision in the case;
List of documents that are attached to the appeal to appeal the court decision to reduce the amount of alimony;
Finally, the document is dated and signed by the applicant.

It is necessary to pay special attention to the fact that an important condition for filing an appeal is to list the arguments on the basis of which the applicant can challenge the decision of the court of first instance. In addition, the document will not be accepted by the authorized body for consideration if the recipient of alimony cannot confirm the accuracy of the information contained in the content of the complaint.

If alimony is reduced

If the court's decision is positive, you can file an appeal. It is subject to review in the district court. To do this, the recipient is given a period of 1 month from the date of the decision. After the expiration of the period, it remains possible to file a cassation appeal within 1 month after the expiration of the period for appeal or within 6 months from the date of the decision, provided that an application is filed to restore the period for appeal.

Often, higher courts make diametrically opposed decisions. Otherwise, you will have to go to court with a claim to increase alimony.

Procedure

To challenge a claim to reduce your ex-husband’s alimony, there are two options:

Prepare an objection and submit it to the court listing the arguments against reducing the amount of alimony;
Orally justify your position in court during the consideration of the case;
Combine these two methods: send a written objection and at the same time verbally comment on your position.

Any of these methods is effective if the truth is on the side of the child’s mother. The written version looks more solid, because judges treat papers better than words.

Arbitrage practice

Citizen E. filed a claim with the magistrate of the N court district to reduce alimony for a daughter born in her first marriage to 12.5% of the salary in connection with the birth of a child. The plaintiff did not appear in court, filing a motion to consider the case in absence. The defendant, citizen Ya. (mother of the child), came to court and filed an objection. In the document, she indicated that E.’s official salary is 7,000 rubles. If the claim is satisfied, the amount of alimony will be 875 rubles. , which is significantly below the subsistence level and is not enough to provide a child with a decent standard of living.

During the meeting, it turned out that in 2021 alimony was assigned in the amount of 0.84 monthly minimum for the daughter and 0.425 monthly monthly for the child’s mother due to being on maternity leave. E. filed a claim to reduce payments in connection with the birth of a child, and the amount of penalties for his daughter was reduced to 0.63 monthly payments. Then E. again reduced the alimony in connection with the birth of a second child in his second marriage, and the amount was again reduced to 0.54 monthly wages.

Now E. has had a third child, and he plans to pay his daughter from his first marriage 875 rubles. due to lack of funds for a second family. Taking into account the wife’s objection, the court found it impossible to establish alimony in the amount of 12.5% of the salary and partially satisfied E.’s claim, establishing penalties for the daughter in the amount of 0.4 monthly wages.

If the ex-husband reduces alimony through the court, it is recommended to appear at a preliminary hearing and find out how the plaintiff will justify this demand. Afterwards, you need to contact a lawyer from the site ros-nasledstvo.ru and build a line of defense. State your counterarguments in the objection, where you justify why alimony cannot be reduced.

You should look for ways to confirm your spouse’s high income, present checks, receipts and other documents confirming expenses for the child. The court will side with the defendant if it is proven that the reduction in alimony is initiated not because of extreme necessity, but for personal gain.

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Cassation appeal regarding alimony payments in a specific monetary amount. How to submit it?

Many citizens who are far from the field of jurisprudence are confused about concepts. Cassation is the highest authority. A complaint sent to this structure should be understood as filing an objection in order for it to review the decision of the judicial body that is subordinate.

You are first given 30 days to appeal the decision. In this case, we will talk about an appeal.

If the deadline allocated for the first objection is missed, a cassation is written. It can be sent within 30 days to 6 months after the previous court decision has entered into full force.

In the event of a cassation appeal, the objection to a previously adopted verdict will be examined by the judicial panel. She will analyze whether the decision made was legal or not, and will carefully study the evidence used by the court.

Filing a cassation appeal is easy. Before submitting the application, you need to pay a state fee of 100 rubles. The receipt must be attached to the documentation package.

It is worth checking that the application must indicate:

address of the court that made a certain decision;
Full name, address, and contacts of the applicant (if necessary, you can indicate the full name, address and contacts of the respondent);
a description of the court decision that was made (in addition, you will need to indicate the number and date of adoption of the document, as well as the name of the judge);
designation of the part of the verdict with which the applicant categorically disagrees;
an explanation of why disagreement is expressed;
a list of documents proving the applicant’s case (this can be either the documents themselves, or a list of witnesses or any other evidence);
clear requirements (full or partial reversal of the court decision);
list of attached papers.

This is important to know: What to do and where to go if alimony is less than the subsistence level