Reduction of child support

In Russia there is a huge number of divorces. Especially among couples with children. However, divorce is not an excuse for avoiding your parental obligations. Both parents will still have to support the child up to adulthood, and bring it up to the full. In real life, minors remain living with one of their parents. Most often this is the mother. The second parent (father) pays monthly alimony in various amounts. But over time, fathers either refuse to fulfill their obligations, or seek reasons to relieve themselves of this responsibility. Next, it will be told how the alimony is reduced. Is it possible to somehow reduce the amount of money allocated to a minor for maintenance? How to act in this or that case?

Amount of payments

The first step is to understand the extent to which alimony can be assigned. In Russia, there are several options for the development of events.

First, alimony can be paid in a hard cash amount. The exact figures are established on the basis of many factors.

Secondly, alimony is paid as a percentage of the salary. In this case, the amount of benefits depends on the number of children. Namely:

• 25% - for 1 child;
• 33% - for 2 children;
• 50% - on 3 or more minors.

Modern practice indicates that payers are more often concerned not with the real financial situation of the child, but with a reduction in alimony. Is it possible to somehow make it so that the payments to a minor decrease?

Right to Decrease

Yes. But in the modern Russian legislation there is not a single legal act that completely exempts the parent from maintenance obligations to underage children.

Despite this, under certain circumstances, it is possible to reduce alimony. It's just that nobody carries out this operation. For what reasons can you demand a reduction in the amount allocated for the maintenance of the child?

Reasons for lower payments

It all depends on the circumstances. Each family is an individuality. It can reveal factors that can affect alimony. When is it possible to reduce payments for the maintenance of minors?

Judicial practice demonstrates that alimony reduction is allowed in the following cases:

1. Sharp deterioration in the health of the payer, affecting the ability to work.
2. Getting a status of a disabled citizen. To do this, you must have a disability of 1 or 2 groups.
3. Presence of own competitive earnings for a teenager of 16 years. Usually this is possible with emancipation. Then the child at age 16 becomes fully capable.
4. Registration for the child of any property or property, bringing a constant profit. For example, an apartment that is rented.
5. The emergence of new dependents from the payer of alimony. They can be spouses, parents, brothers and sisters, children.
6. Collection of money for the maintenance of other minor children of the payer.
7. If the child comes to the state security in full.
8. A strong increase in the payer's income.

The latter is not so common. Usually the situation is applied when 1/4 of a citizen's income is enough to pay for children's needs with interest, and the rest of the money is spent or can be spent on parental needs.

Does not matter

Reduction of alimony at birth for a citizen of another child is a fairly common practice. Despite all the above features, there are some factors that do not play a role in the assignment of alimony. What can a citizen not operate if he needs to reduce the amount of child support payments?

Among such factors are:

1. Earnings of mother. Even if the parent with whom the child lives (most often the mother) has a good income, this does not remove the responsibility for the maintenance of the minor from the second legal representative.
2. Assignment of pensions, scholarships and other monthly state payments to the child.
3. Situations in which the juvenile owns expensive property, but it does not bring any income.

Accordingly, the court will not consider, for example, high earnings from the mother, as a basis for reducing the amount of payments to the child by the father.

Ways to reduce

To date, a reduction in alimony (a sample application will be submitted later) may occur in different ways. Namely:

• By peaceful arrangement;
• judicially.

The first variant of the development of events is possible when an agreement has been concluded between the parents on the payment of alimony. Then the parties can independently agree on how much the second parent will pay the child. But in practice, this result is difficult to achieve. Therefore, the parties usually solve alimony issues through the court.

Where should I go?

Where exactly does the claim for reduced alimony come from? This question interests many citizens. In particular, payers. It is they who often apply for it.

Citizens must file a claim at the place of registration of the plaintiff. This means that the applicant must apply with appropriate application to the court for registration. Other bodies do not deal with issues related to maintenance.

Procedure

Citizen decided to go to court? Reduction of alimony is not always possible. Therefore, the court can refuse the suit after a detailed study of the materials provided.

How to properly reduce child support? For this you need:

1. Collect the documents required to file a claim. About them will be told later.
2. Write and write a statement of claim.
3. Submit a claim along with a package of papers to the district court on the basis of the payer's registration.
4. Wait for consideration of the case.
5. Get a judgment in your hands. If the court finds the petition of the plaintiff to be justified, it will be possible to reduce the amount of alimony payments.

The most difficult task in practice is to prove that the second parent really has the right to reduce alimony. What can be useful for this?

About documents

What kind of documents will help to reduce alimony? In order to file a statement of claim of the established model, you will have to present:

• Passport of the plaintiff;
• Birth certificates for all children;
• Certificate of marriage / divorce (if any);
• Information on income (usually we are talking about the form of 2-NDFL);
• Bank statements on the state of the citizen's account;
• The document on the basis of which alimony is paid (agreement or judgment);
• Identity cards of other dependents (if any);
• Any other documents confirming the existence of grounds for alimony reduction (certificates of disability, for example).

It is advisable to submit all the documents not only in the form of the original, but also with copies. Otherwise, the statement of claim may not be accepted.

Tricks

But that is not all. A sample application for alimony reduction will be provided below. But before this I want to note that sometimes citizens can implement the idea without a judicial debate. As a rule, these are cases when it comes to the payment of money as a percentage of the salary.

The thing is that alimony citizens often work for new jobs with lower wages in order to reduce alimony. This practice does take place. It is used quite actively.

You do not have to leave completely. The lack of work of a citizen is not an excuse for canceling the alimony obligations of the legal representative of a minor. Then the payments will be kept, for example, from benefits and pensions. At a minimum, but still have to pay.

There are no more real tricks working in practice. Only by the proposed algorithms can you reduce alimony. And nothing else. In fact, such situations are not very common - the court usually defends the interests of minors. Therefore, without real reasons for evidence to implement the idea in life, you can not hope. It is clear how the action is to reduce alimony. And how to write this paper?

Writing rules

It will not be difficult to do this. Especially to someone who already dealt with lawsuits.

The document is issued in compliance with the rules of business correspondence. The structure of the claim will be as follows:

• "a cap";
• name;
• Clarification;
• The main part (story);
• request;
• Conclusion (date, signature).

The main part of the document should be as detailed as possible, but briefly and in the case, explain the reason for the request. All words must be documented.

When making a claim in the text, there should be no jargon and no mistakes. Otherwise, there should not be any difficulties in drafting and filing a document.

Sample

Below is a sample application for alimony reduction. This document is the most common template by which you can write a similar paper for your case.

As a rule, each claim is a unique document that is written by the plaintiff manually or on a computer. The main thing is to pay enough attention to its main part. And all my words to confirm in one way or another. Without confirmation, it is impossible to reduce alimony for a child. Especially given that the court most often takes the side of children - their interests are protected in the first place.

From now on it is clear how to reduce alimony. This operation, if the citizen really has a legitimate reason for implementing the idea, does not cause difficulties. They can arise only in terms of preparing evidence. Otherwise, the claim is drawn up, filed and reviewed on a general basis.

It is recommended to solve issues related to maintenance outside the court. So it will be possible to reduce them or increase them without much difficulty and in agreement with the second parent. This greatly saves time and effort. In any case, it is now clear how the alimony is reduced.