Legitimate reasons for reducing alimony

According to the terms of the RF IC, Article 81, the amount of alimony payments is set as a percentage of monthly income. The same article, paragraph 2, allows for the possibility of reducing or increasing the percentage depending on the situation. There is no clear list provided, but, as a rule, the reason is a deterioration in the financial situation. When making a verdict, the court examines each situation individually.

Grounds for reducing alimony:

1. Significant decrease in income. The judicial authority examines the payer’s circumstances, reasons and level of current earnings. Sometimes a man quits his job and gets a job with less money to save on alimony. Such situations are quickly calculated.
2. The need to support dependents. The basis for reducing payments is the appearance of elderly parents or a pregnant spouse in need of care. To reduce alimony costs, it is necessary to submit evidence to the court, including the impossibility of making payments in the same amount.
3. A sharp increase in income. The situation is the opposite, when the payer’s salary increases and 25% per child turns into a large amount, significantly exceeding the child’s needs.
4. A serious illness that led to loss of previous ability to work. A reduction in payments is possible if the payer's disability (first or second group) is determined. Attention is drawn to the need to purchase medications, treatment costs, etc. The courts accept disability as a basis for changing the amount of alimony, because this really affects their financial situation.
5. Expanding a new family. The court may cooperate due to the birth of a child from another woman. A man has a new dependent, which leads to an increase in financial burden.
6. The child gets a job. When considering a case, the amount of income, type of activity and other factors are examined.
7. Transfer of a minor to full funding from the state. Payments can be reduced if the child stays all day in an orphanage, boarding school or other special institutions.

Important! Regardless of the circumstances, the alimony payer is obliged to support the request for a reduction in payments with evidence. Otherwise, the court leaves the request without satisfaction.

Grounds for reducing alimony

The main legislative act regulating the issues of alimony payments is the RF IC. According to Art. 80, both parents have equal financial obligations to support their common children.

Recovery of one of two types of payments is allowed:

On average, the amount of alimony in the Russian Federation is 7,000 – 10,000 rubles. for one child. In accordance with Art. 119 of the RF IC, in some cases it is allowed to reduce or increase the established amount of payments at the initiative of the payer or recipient.

Expert commentary

Shadrin Alexey

Lawyer

When it comes to reducing the amount of alimony, the initiator is usually the alimony obligee. If payments were transferred under an alimony agreement, he may try to negotiate with the recipient to change the established amount, and then an additional agreement will be concluded to the main agreement.

In the absence of the recipient's consent to smaller payments, the procedure is carried out through the court that initially assigned alimony, if there are legal grounds:

• The payer has other children for whom child support must be paid. For example, if he previously paid 25% for one child, the mother of the other also collects 25% from him, for a total of 50%. According to the law, no more than 33% is transferred to two minor children. Therefore, both children will receive 16.5%.
• The birth of a son or daughter to a person liable for child support. At this time, he has to support his new wife on maternity leave, which significantly worsens the family’s financial situation, and he can file a claim to reduce alimony for an older child.
• A sharp decrease in earnings, job loss. Dismissal at one's own request is not a valid reason, therefore the only reason can be the reduction or liquidation of the enterprise.
• Obtaining disability for alimony-obligated persons. This entails additional expenses. In addition, if the incapacity for work occurred during marriage or within a year after the divorce, he has the right to recover alimony for his own maintenance from his ex-wife (Article 90 of the RF IC).
• The child is placed in state custody, and he only needs finances during the holidays.
• A child over 16 years of age is officially employed or married. This is emancipation and the basis for termination of alimony obligations (Article 120 of the RF IC).

Also, the basis may be the high level of earnings of the payer, as a result of which even the minimum 25% for a minor more than covers all necessary costs. However, this argument is dubious and is unlikely to be accepted by the court.

The child’s receipt of government benefits or his possession of valuable property is not a reason for reducing child support payments. This also includes the high level of earnings of the ex-wife - this does not affect the father’s obligations to their common children.

What grounds cannot be used to reduce payments?

In judicial practice, there are a number of reasons that do not allow the client to count on a reduction in alimony. Let's highlight the main ones:

1. Intentional leaving a job or transferring to a lower-paying position.
2. The appearance of real estate or movable property in the possession of a minor.
3. Increasing the ex-spouse's income.
4. Taking out loans or developing other types of debt.
5. Receiving benefits, pensions or other preferences from the state for minors.

If a man relies on such grounds in his statement of claim, he will most likely be denied.

What to do if your husband demands a review of the amount of alimony

The issue of reducing payments is being considered based on a claim filed by a man. At the same time, a woman should know how to prevent this and maintain her previous financial security. She has several tools at her disposal to protect her interests:

• filing an objection to a statement of claim if there are violations, errors, incorrect information or fraud:
• filing a counterclaim with a demand to change the principle of calculating alimony or increase its amount;
• appeal to the court of appeal within 30 days from the date of the decision;
• challenging the verdict in a cassation court within up to six months.

Further actions depend on the current circumstances.

Instructions for action
Women often ask “how to protect ourselves from a reduction in payments if we live on them due to current circumstances.” In such situations, take the following steps:

1. Study the court notice, which indicates information about the time of the preliminary hearing. At this stage, you can study the case materials, understand the legality of the grounds for reducing alimony, and receive explanations from the judicial authority.
2. Participate in court, come to meetings on time.
3. Complete and submit an objection to the claim. The document can be submitted at any time before the judge leaves the room to make a decision.
4. Draw up and register a counterclaim if there are additional claims against the man.
5. Wait for the court's decision.
6. File an appeal within a 30-day period or a cassation within a 6-month period.

To achieve the goal, it is important to correctly approach the preparation of each of the documents discussed above.

Procedure for challenging alimony reduction

If alimony was paid under a notarial agreement, then changes to such a document can be made voluntarily: by drawing up a mutual agreement-addition.
If there is a dispute, the payer has the right to go to court with a demand for a reduction in alimony. In this case, written objections are submitted to the statement of claim, which detail the position of the defendant (recipient of alimony) and the justification for the unlawfulness of the claims made by the plaintiff.

If alimony was ordered by the court, then its amount can only be reduced in the same manner. In this case, the recipient of alimony must be notified of the date of the court consideration of the payer’s application and can, in order to protect his rights, draw up reasoned objections to the claim.

To increase the chances of a successful outcome of the dispute, we strongly recommend that you seek qualified legal assistance from the lawyers of the ICPI “Planet of Law”.

How to file an objection and counterclaim

The success of the defense depends on the correctness of the documents and the ability to submit them within the deadline established by law.

Objection to the claim

If false or unreliable information is discovered in a claim for a reduction in payments, a woman has the right to file an objection. It is transmitted in two ways:

• orally - information is recorded in the court record with subsequent review;
• in writing - in the form of a document attached to the case materials.

To increase your chances, it is recommended to submit your objection in writing. The law does not provide for strict requirements for drawing up a document, so when filling it out you can adhere to general principles.

Please provide the following information:

• name of the judicial structure and number of the case under consideration;
• information about the parties to the proceedings (full name, place of registration, contacts);
• Title of the document;
• description of the reason for the objection, evidence, indication of violations;
• reference to paragraphs or sections of laws;
• list of attached evidence.

At the end of the document, put the date of execution and sign.

Counterclaim

According to the law, a woman has the right to file a counterclaim and thereby protect herself from a reduction in alimony. Conditions for filing a claim:

• compliance with the norms of the Code of Civil Procedure of the Russian Federation, Art. 131 and Art. 132
• submission to the address for consideration of the main application;
• transfer before or after a decision on the man's claim;
• joint consideration of two documents;
• in the latter case, a general verdict is rendered.

According to Article 138 of the Code of Civil Procedure of the Russian Federation, the court accepts a counterclaim in a situation where the statements are related. For example, satisfying a woman’s appeal may lead to a refusal of a claim to reduce alimony.

Filing a counter-complaint allows you to save time on proceedings, immediately resolve controversial issues and obtain a fair court verdict. In addition, with such actions there are higher chances of concluding a peace agreement and avoiding challenging a court decision. The downside is that the proceedings may drag on indefinitely.

The principle of drawing up a counterclaim is the same as the main claim. It states:

• the name of the court hearing the main claim;
• information about the applicant and respondent (contacts, address, full name);
• Title of the document;
• the plaintiff's arguments and demands;
• references to legal norms, substantiation of the position;
• counterclaims;
• list of attached documents (evidence).

The final touch of the document is the date of its execution and the signature of the applicant.

After filing a counterclaim, the court prepares the case for consideration and sets a hearing date. At the meeting, the positions of both parties and the documents attached to the claim are studied. If no settlement is reached during the proceedings, a verdict is rendered.

Based on the results of the consideration, the court gives a positive decision on one application and denies the other or partially covers both claims. If the mother's counter-petition is denied, she has the right to file an individual claim.

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:

1. File an objection to the claim in court.
2. Arrange for representation in court. If a family specialist speaks instead of your wife, a positive result is more likely.
3. 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.

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

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.

Statement of claim (objection)

Structure and content of the objection:

1. 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.
2. By .
3. 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.
4. A petition where the recipient expresses disagreement with the reduction in payments and asks to leave them at the same level.
5. Attachments supporting the recipient's arguments.
6. Date and signature.

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

What to indicate

The ex-husband may state the following:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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

Appeal and cassation

If the court has decided to reduce alimony, you can file an appeal within 30 days, and a cassation appeal within 6 months. Both documents indicate:

• name of the higher judicial authority;
• information about the participants in the process;
• name of the claim (appeal/cassation complaint);
• description of the circumstances - amount of alimony, evidence of the parties;
• reasons for disagreement with the decision of the lower court;
• references to legal norms - RF IC, RF Code of Civil Procedure;
• request to study and review the court verdict;
• attachments in the form of evidence in the case;
• date and signature.

The appeal is considered only if there is evidence of the woman’s arguments. After considering the case, the court cancels the decision or does not change anything in the decision.

Arbitrage practice

Each situation is studied individually, so there are no uniform rules for protecting against alimony reduction. In practice, the court accommodates a man halfway when he becomes disabled or has a justified reduction in income. If the payer, for example, quit his job but lives with his new wife in an expensive apartment, the claim will be denied.

When considering a case, judges evaluate the following factors:

• level of costs for treatment or training;
• the degree of deterioration in the child’s material security;
• arguments from both sides;
• attached documents;
• position of legislation and judicial practice.

In most cases, the court takes into account the rights of the child and the degree of financial difficulties of the alimony payer.

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.

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.

Results

The child’s mother should not give up if her ex-husband filed for a reduction in alimony. She has many defense tools in her hands, from filing a counterclaim to filing a cassation appeal. The main thing is to act immediately upon receiving a notification and involve an experienced lawyer for help. He will help in collecting documents and defending his personal position in court.

Each situation with the collection of alimony is individual and depends on a number of factors. We offer a free consultation to help you sort out the main controversial issues. Solve your problem here and now!

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