Objection to the statement of claim for the recovery of alimony for spousal support

The legislation provides for all possible options for action in various situations in life. Including alimony. One of the parents with whom the child remains has the right to child support. At the same time, if there is disagreement, the second parent has the right to protest the demands presented. Disagreement is formalized as an objection or review.

Sometimes child support providers do not agree with the responsibilities for financial support of the child

Reasons for objection

To raise an objection, the defendant must have compelling factors. These include:

improper performance of parental responsibilities. Cases of neglect of their responsibilities on the part of parents or adoptive parents are rare, but still occur;
deprivation of the alimony payer's ability to work. Disability occurs due to various factors: health problems, excessive consumption of alcohol, drugs, punishment for committing a serious crime, etc.;
immoral behavior of the recipient of alimony. For example, a wife improperly uses the funds received for a child: she goes to expensive salons, the cost of services of which is disproportionate to her income; abuses alcoholic beverages;
the alimony has young children in another marriage and, accordingly, takes care of them;
the recipient of alimony was transferred to state support (settled in a nursing home, a home for the disabled, entered into a lifelong maintenance agreement with the church, etc.).

All disagreements must be supported by documents.

Alimony payments can only be awarded based on a statement of claim.

Objection to a court order

Due to the heavy workload of the courts, the law provides for a simplified procedure for considering alimony cases with the issuance of a court order.

The case is considered only based on the documents provided. A court order is issued on the basis of an application for alimony payment. The plaintiff, defendant and witnesses are not present in the courtroom. The court order is issued in their absence.

If the defendant does not agree, he has the right to file an objection to the alimony payments presented within ten days. The period of 10 days is calculated from the time the order is issued in the court office or from the time the postman delivers a registered letter.

The objection must contain mandatory information: name of the court, full name, place of residence of the submitter, case number in which the responsibilities of the parents and the main arguments on the claims were considered, reasons for disagreement (not satisfied with the order of transfers, discrepancy between the amount of alimony and financial status, desire to pay in a fixed amount, request about reducing payments), arguments and evidence of your opinion.

What it is

An objection is a procedural document, set out in writing, in which the defendant challenges the plaintiff’s position, citing certain evidence.

Objections are submitted to the judge in preparation for the hearing of the legal dispute. Ideally, by the time of the first hearing, the judge should already be familiar with the defendant’s position in the case. However, such an obligation is not established by law and therefore the defendant has the opportunity to submit its objections during the court hearing.

In cases where the plaintiff’s position changes or he submits new evidence and arguments, the second party has the right to object to each additional argument.

There are no requirements for the written form of additional objections. But practicing lawyers recommend submitting literally all of your explanations to the judge in writing.

Objection to the claim

Alimony payments may be awarded based on a statement of claim. The volume of payments is stated as a percentage or a fixed amount. A refutation of a claim is a disagreement with the financial demands of the plaintiff or with procedural issues in resolving the case.

For example, the defendant disagrees with the amount of alimony or the procedure for paying it. An objection to a statement of claim is drawn up in the same way as an objection to a court order and is filed both for alimony calculated as a percentage of income and awarded in a fixed sum of money.

You can submit a response to your claim. A review is a kind of explanation indicating the circumstances known to the applicant. Submitted when there is no disagreement on material requirements. The procedural legislation does not provide for a standard revocation form. When filling out, you should adhere to the general rules for submitting documents to judicial authorities (see sample).

Sample response to a statement of claim

Reasons

The reason for filing objections is a violation of the defendant’s rights and the plaintiff’s lack of grounds for filing claims.

The most common grounds for objections in judicial practice are:

lack of evidence of paternity/maternity;
unreasonable amount of alimony;
the presence of agreements that determine the procedure for paying alimony, different from the one specified in the claim.

Pointing out the listed violations, the defendant must present to the court his vision of what is happening and prove it.

Appeal for alimony

Most child support providers agree with the responsibilities of providing financial support for the child and are ready to fulfill this. They go to court not so much to challenge material demands, but to legitimize relations with their ex-wife regarding the provision of children.

Where to carry

The objection is filed either directly to the office of the court that accepted the statement of claim and sent a copy of it to the defendant, or to the post office. The recipient of such a dispatch is the court that issued the decision to initiate a civil case, and where the defendant is the person sending the objection.

If you decide to bring a copy of the objections personally to the judge, then make sure that one set of documents is still officially sent to the court by mail or through the office.

Objection to reducing the amount of alimony

To change the amount of alimony, you must go to court.
In a situation related to a change in marital status, an increase in the family and the inability to pay alimony payments in the same amount, the payer has the right to file a claim to reduce the amount of alimony (Article 81 of the RF IC).

An application to reduce the amount of payments for a child is submitted to the magistrate's court. It is filed in the same way as a claim for alimony, taking into account the requirements of the Code of Civil Procedure of the Russian Federation. The circumstances on the basis of which the plaintiff requests a reduction in size, and the arguments confirming these circumstances (certificate of salary, certificate of dependents, medical report, etc.) are indicated.

The grounds for filing an application for a reduction in payments for a child can be both financial and family. The court will definitely consider the defendant’s arguments and, if there is a real difficulty, make a decision to reduce the amount of payments for the child. It's better to receive a little help every month than to accumulate debt that will never be paid.

For example, the plaintiff was previously awarded payments in a fixed amount due to the lack of official earnings. At the moment, the plaintiff has found a job, but with little pay, and will ask for a reduction in the amount of the fixed sum of money. If the alimony payer, who pays a fixed amount, has accumulated a debt, then the court will not reduce it. The court will reduce the amount of future payments.

Who is eligible to apply?

Only the defendant has the right to object to the claim. However, there are situations when the defendant itself cannot be present in the process.

Such cases are possible if the defendant is declared incompetent, then his interests are represented by a legal representative. In other cases, a party may delegate its powers in the process to a representative by proxy or to an attorney.

If there are correctly executed documents on representation, the trustee is assigned all the rights and obligations that are provided for the parties, including filing reasonable objections.

Objection to the appellate instance

The appeal is submitted to the court in which the case was heard at first instance. The magistrate or city court itself transfers the appeal to higher authorities.

If you disagree with the court's decision, you can file an appeal at the appellate level

The appeal is copied according to the number of participants in the case.

The alimony holder can simultaneously file an objection to the appeal. Provided in two copies.

Sample objection to an appeal

When considering an issue on appeal, the claims cannot be changed (Article 35 of the Code of Civil Procedure of the Russian Federation). If the requirements change, a new claim is filed in the magistrate's court.

What types are there?

If we classify the reasons for filing an objection, they can be divided into those that are based on a violation of a substantive law and those that violate procedural rules.

It is believed that violations of substantive law are much more significant, since they lead to an incorrect determination of the rights of some citizens and the responsibilities of others. However, a violation of procedural provisions can deprive a party of one of its fundamental rights: the right to a fair trial.

Procedural

In objections to violation of civil process, a party may indicate the following:

the defendant was not given a copy of the claim and copies of documents thereto;
there was no notice of the consideration of the case;
the application was sent to the wrong court;
there is already a court decision on this issue, etc.

If it is confirmed that at least one of the listed circumstances occurred, the application must be left by the judge without consideration, or the proceedings in the case must be terminated.

Substantive

The reasons for the defendant’s disagreement with the claim on the grounds that the plaintiff does not have the right to alimony are substantive.

These grounds are considered:

the plaintiff does not have the right to assert that the defendant is a parent or other obligated person;
availability of documents confirming that the defendant has already fulfilled this obligation;
violations in determining the amount of alimony.

When forming objections due to a violation of the substantive right of the defendant, the latter must indicate the rule of law that, in his opinion, the plaintiff violated by filing a claim.

Objection to the cassation court

Within 6 months from the date of the decision, you can file a cassation appeal. It is provided by interested parties. They must be parties to the case in the magistrate's court. A complaint is filed after examining the issue in the appellate court. It will not be possible to file a cassation against the decision of the court of first instance. The documents are submitted immediately to the cassation court. In Art. 377 Code of Civil Procedure of the Russian Federation provides a list of judicial authorities. The process of filing a cassation appeal is similar to an appeal.

General rules for registering and filing a cassation appeal

In addition to the name of the court and details of the participants, the cassation appeal contains decisions of previous courts and facts of violation of the plaintiff’s rights with evidence. Copies of documents are made to all participants. Copies of decisions or court orders certified by the court are attached. The judge examines the complaint, then makes a decision either to refuse or to transfer the complaint to the cassation court.