If the payment of alimony is an unaffordable burden, then its size can be reduced if there are enough good reasons for this. It will be mandatory to prove that your circumstances have changed, and the number of payments cannot remain at the same level. The Constitution of our country says that parents are obliged to provide for their children until they become adults. In this case, it does not matter whether the parents are married or not. The law provides for obligations to pay money for the maintenance of a child if there was a divorce or the parents for some reason cannot live together.
Paying attention to various situations, the participation of the father in the life of the child and the payment of money for alimony to maintain a normal standard of living is determined in the following ways:
- a verbal agreement between the former spouses on the number of financial payments;
- a notarized written agreement on all aspects of financial support from the father;
- appeal to the court if there was no general agreement. In this case, the voluntary payment is replaced with a compulsory one by the decision of the relevant authorities.
What grounds can there be for reducing alimony payments?
Situations that allow the payer to challenge the number of alimony are not uncommon. These should include:
- change in family circumstances: the birth of a child in another marriage, maintenance of incapacitated relatives, or other financial costs to the family;
- deterioration of the health of the payer or his family members, which entails significant financial costs for treatment;
- decrease in the total number of income as a result of a reduction in work or salary or social assistance;
- other circumstances: all those that significantly complicate the payment of the previously assigned amount.
What should I do if one of the above circumstances occurs?
The first thing to think about when it comes to collecting alimony is whether it is possible to negotiate with the alimony recipient to reduce the number of payments. If successful, if such an agreement has been reached, you should contact a notary to make changes to the previously drawn up contract.
What should I do if I can’t reach an agreement?
If the alimony recipient does not agree to reduce the number of alimony payments, this decision will already be challenged in court. The application must be submitted to the court at the place of registration of the payee. When making such a statement, it is necessary to list all the circumstances that caused the request to reduce the number of alimony.
Payment of alimony, how to reduce alimony for a child from the first marriage?
Making payments for a child from a previous marriage can significantly affect the living conditions of the new family. The circumstances can be very diverse, but the main criterion is the difficult financial situation of the payer and the inability to provide for a new family. When applying to the court, you need to make a statement that would indicate a new number of alimony payments, which would allow the parent to systematically fulfill their obligations to maintain the child. You should specify several arguments in favor of changing payments, if possible.
Otherwise, the court may refuse to change the number of alimony. A similar pattern of actions works for the second child. The main thing is not to forget that one child is allocated 25% of all income, for two – 33%, for three or more-50%.
The issue of reducing alimony at the birth of a second child
Every child, regardless of what kind of relationship his parents had and with whom, has the right to decent maintenance that will contribute to his normal development. The birth of a second child and the reduction of alimony in the number of money are closely linked, as this helps to protect their interests and increase the level of material support. Judicial practice shows that in most cases the court makes a positive decision for the plaintiff. The birth of a third or fourth child from another marriage is also quite a significant reason.
Reduction of alimony in a fixed amount of money
The form of alimony payment is chosen by the parent with whom the child will live. The form can be as follows:
- part of the total income (if there is a stable job with a constant income);
- strictly fixed number (if there is no permanent income).
If the circumstances do not allow you to perform the assigned duties, you should apply to the court for a reduction in the fixed amount of money. A positive decision may be influenced by:
- general problems with employment;
- treatment costs due to a sharp decline in health;
- responsibilities for the maintenance of disabled persons;
- other, but no less significant reasons that are better to consult a professional.
Specialists of Kasyanenko & Partners Law Company, who have considerable experience in resolving issues of monetary alimony and its reduction, will help you with a qualitative explanation of the nuances of your case.
Following the rules, the number of payments should not be lower than half of the minimum living wage for a child, which was established by the state.
Payment of alimony, reduction of arrears on payments
Evasion of alimony payments often leads to criminal liability. However, if the debt arose due to certain circumstances, the former spouse can apply to the court to reduce the number of his debt. The application may also refer to installment payments. Even full exemption from debt takes place, but this happens only in court. The debt may be reduced or fully repaid as a result of the transfer of the real estate to the child’s mother or the child himself. By mutual agreement, the former spouse can waive the right to receive alimony.
Judicial practice on the issue considered
It is important to note that the reduction of alimony in court in most cases is possible only if there are several good reasons. The courts are quite skeptical of such requests and may refuse to grant them if there were not enough arguments presented to justify the claim. That is why the participation of a family lawyer is mandatory in such cases. After all, the help of professionals can significantly increase the chance of a positive decision. But we must remember that the courts take into account the circumstances of both the plaintiff and the defendant.
Documents that are necessary to reduce alimony. Alimony payments and their minimization
Cases on the reduction of child support payments are considered by local judicial authorities. The defendant will oppose the plaintiff in every possible way, focusing on their arguments. This is why it is so important to know what documents for alimony are needed and how they should be issued. The list of documents includes:
- copies of passport pages, the authenticity of which is certified by the plaintiff;
- a copy of the identification code;
- documents confirming the conclusion and termination of marriage, as well as the birth of a child;
- a copy of the previous court decision or agreement by mutual consent between the former spouses;
- documents that prove the existence of circumstances to reduce the number of payments.
Naturally, issues of child maintenance have a significant legislative background. Moreover, the rapidly changing legislation in the field of family relations can also be confusing. This confirms the fact that applying to an alimony lawyer is an excellent way out of a difficult situation in the legal sense.