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Changing the number of alimony

Child support is not a matter of one day. Payments continue until the son or daughter can earn a living on their own. During this period, the life circumstances of the payer and recipient of alimony may change significantly, as well as the number of payments themselves.

It is difficult to argue with the fact that raising a child and providing it with everything necessary is a labor-intensive process. However, it becomes even more difficult when the marriage is dissolved and the entire burden falls on the shoulders of one of the spouses. In this case, a possible solution to financial problems may be the recovery of alimony. For some reason, the number of alimony in a volatile economic situation can cause some dissatisfaction. The payer may consider that the number of payments is too large, while the former spouse insists that she does not have what to feed and clothe the child.

What to do when the number of alimony does not suit at all?

The first thing you need to know in this case is that modern family law allows you to change the number of alimony depending on the circumstances. The processes of lowering and increasing the number of payments are quite similar. If you plan to apply to the court to change the number of payments, you should know what circumstances may play a role in making a positive decision. These include:

  • a sharp deterioration of the financial situation (loss of employment, lack of permanent income, etc.);
  • the family structure has changed (birth of a child from a new marriage, the start of living with disabled family members);
  • serious deterioration of the child’s or parent’s health;
  • changes in the child’s living conditions (admission to paid education or the presence of abilities that need to be developed and require financial investment);
  • evidence that the financial condition of a family member has changed for the better or worse.

If at least one of the above situations occurs in your case, you can immediately start claiming reduced alimony.

Features of changing the number of alimony

Alimony is calculated in the following ways:

  • A fixed amount of money that cannot be less than half of the child’s living wage. This minimum is set at the legislative level and directly affects changes in payment conditions.
  • Part of the revenue. In this case, the total income of the payer and the number of children who are entitled to alimony are taken into account.

If we are talking about a fixed amount of alimony, then you can change it only after changing the number of the subsistence minimum for the child. Changes in the case of calculating part of the income can only be made according to the established rules:

  1. the Minimum particle size is not lower than:

– 1/4 of the total income per child;

– 1/3 of the total income for two children;

– 1/2 of the total income for three or more children.

  1. The maximum size of a particle cannot be more than half of the total income of a father who lives separately from his children.

Of course, you can always specify the desired number of alimony, but this does not mean that the opposite party will agree with you. A simple way to reduce or increase alimony payments is to change the form of collection. If the earnings of the former spouse are difficult to call stable, it is better to choose a solid amount of money but if the payer has a stable income, it is much more profitable to advocate changes in the direction of payments depending on the amount. Each case is in any case special, and only a family lawyer can correctly interpret certain legal aspects. Kasyanenko & Partners Law Company lawyers will help you maximize the chance of your claim being settled in court.

What does judicial practice tell us?

Judicial practice on issues of alimony assignment or their cancellation, reduction or increase of amounts draws attention to the arguments of each party. If the grounds for changes have a worthy confirmation, which is issued properly, then the chances of satisfying the claim are extremely high. In most cases, the new number of alimony is balanced to the needs and capabilities of the parties. The court does not satisfy claims in which there are far-fetched grounds or reasons for making changes to the previous court decision.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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