Many fathers try in every possible way to reduce the amount of money paid for the child. There are often situations of concealing and understating one’s income, and working with a “gray” salary. The payer may file a lawsuit in court demanding a reduction in the amount of alimony paid.
The mother’s main means of maintaining support for her children at the same level should be to object to the claim for a reduction in the amount of alimony. How to correctly draw up such objections, when to present them, what documents to attach - these and other questions will be discussed in this article.
Possibility of reducing the amount of alimony
Article 119 of the Family Code
The law allows for changes in the amount of alimony collected, both downward and upward, when the parties have changed financially, as well as in their marital status. The court may also take into account other significant circumstances that have arisen in the life of the payer or recipient of funds (Article 119 of the Family Code of the Russian Federation).
The amount of alimony can be reduced only if it is collected from the debtor by a court decision. If the basis for the payment of funds is a voluntarily concluded agreement, this procedure cannot be applied.
Procedure for reducing alimony
If the payer decides through the court to reduce the amount of money paid for the maintenance of his children, he files a claim in the magistrate’s court. It can only be filed at the defendant’s place of residence, i.e. mother of her child.
The claim presents arguments that the plaintiff considers grounds for reducing the amount of alimony, and attaches evidence to substantiate his arguments.
The court sends a summons, as well as an application with copies of documents attached to it, to the alimony claimant. After receiving them and familiarizing yourself with them, you must begin preparing objections to the statement of claim.
Objections to the statement of claim are counterarguments given by the defendant to the arguments set out in the statement of claim, with evidence provided.
The Civil Procedure Code of the Russian Federation does not contain any strict requirements that would apply to the form of such objections. Thus, it is allowed to present both oral objections to the claim and their execution in writing.
If there is no time to write objections, you can present them orally during the court hearing of the case, when the court will present the floor to the defendant. Everything said must be recorded in the minutes of the court hearing. Subsequently, you can familiarize yourself with this protocol; if anything is reflected in it incompletely or incorrectly, you must write comments on the protocol and submit them to the court.
But it is better, of course, to state your position on the case in writing, with subsequent inclusion in the case materials. Objections may be submitted either in handwritten or printed form. After presenting them to the court orally, you need to file a petition to include objections to the case materials, and then hand over a copy to the court. You also need to prepare a copy for the plaintiff. Thus, it is necessary to have three copies of the document.
Questions and answers
My wife and I divorced 6 years ago. I helped my wife voluntarily for a long time. I paid a certain amount of money every month to raise our child. Recently my wife said that she doesn’t have enough money that I give. We discussed this issue with her, I said that I would try to increase the payments as much as I could. The wife did not wait and went to court to get a restraining order. She was given this order without even summoning me to court. This situation, of course, does not suit me, how can I file an objection to this alimony order?
Answer You can indeed file an objection to this court order. This must be done within ten days. In an objection, you can refer to various circumstances, it all depends on your situation. This may be a difficult financial situation or the presence of disability. In any case, it is necessary to understand this situation in more detail.
Recently there was a trial to collect child support from me. The judge said that I must pay 8,000 rubles a month for child support. This is a very large amount for me, because my salary is only 11,000 rubles. In addition, I have children from another marriage. Tell me, how can I formulate an objection?
USEFUL INFORMATION: Statement of claim for the collection of child support for a mother without a divorce when living together; is it possible to claim alimony?
Answer In your situation, it is necessary to prepare an objection to the statement of claim. It will need to indicate the reasons why you do not agree with the decision made. Describe that the amount of alimony clearly does not correspond to your salary. You can also indicate that you have other children. The objection must be prepared in triplicate.
My ex-husband decided to file a claim to reduce the amount of alimony. Now he pays 25% of his salary. My husband has now had a second child. For this reason, he wants to reduce alimony. I want to file an objection to alimony, how can I do this?
Response The objection must state the reasons why you disagree. You can present your objection during the court hearing. In your situation, if the mother of your second child has not yet filed for child support, this may work in your favor. If alimony is also collected for the second child, then it will be reduced for your child.
My common-law husband and I live together; the marriage has not yet been officially registered. His ex-wife recently filed for alimony. My husband is officially not working right now. Alimony was set at a fixed amount. The common-law husband pays them in good faith. We recently found out that I am also pregnant. I would like my husband to file an objection to the amount of current alimony due to my pregnancy. Tell me, is it possible to do this before the birth of a child and without getting married?
Answer You need to wait until the child is born and then file an application for child support. After this, the husband will be able to file a claim to reduce the amount of alimony in connection with the birth of a second child.
I filed a claim in court to recover alimony from my ex-husband. He and I have two children, the second child is quite sick and requires constant treatment and care. In the application, I indicated that I want to receive alimony in a fixed amount of 10,000 rubles, and another 5,000 rubles for my maintenance, since I am caring for a child. The husband submitted an objection, in which he wrote that he was ready to pay 8,000 rubles a month. I don't agree with this amount. Do I need to write an objection?
Answer Our legislation does not prohibit this. You can present your arguments in writing if you did not indicate them in the statement of claim. In addition, during court hearings you will be given the opportunity to express all your arguments orally.
Sample objection
The following general advice can be given regarding the form of writing objections.
The document must indicate:
- Name of the magistrate's court, site number;
- Case number (if known, must be indicated in the summons);
- FULL NAME. plaintiff and defendant;
- Name of the document (“Objections to the Statement of Claim”);
- The main arguments against the defendant’s demands for a reduction in child support payments;
- Petitions to obtain evidence (if necessary);
- Request to dismiss the claim;
- List of attached documents.
This is a general, schematic example of an objection that can be used to draw up a document. Its specific content will depend on the grounds for the requirement to reduce the amount of alimony.
Justification for an objection to alimony reduction
To win in court, you must refute your opponent's arguments and provide evidence that his judgment is wrong. The most common reasons for reducing payments are:
| Arguments for reducing alimony | What to include in an objection |
| Disability, illness of the payer | |
| The plaintiff indicates the disability group, complains about the inability to work and maintain the previous level of solvency, provides a list of costs incurred in connection with the disease | It is necessary to find out what disability group is assigned to the payer. If the 3rd is a working group, then there are no grounds for reducing alimony. Also indicate that the costs of treatment have an insignificant impact on the financial situation of the plaintiff |
| Changes in marital status, appearance of other children and child support obligations | |
| The payer argues for the need to reduce deductions by the fact that, according to Art. 81 of the RF IC, the amount of alimony for 1 child is ¼ of income, for 2 - 1/3, and for 3 or more - ½ of income. However, new obligations increase the amount of deductions, which is contrary to the law. More often they ask to reduce alimony from ¼ to 1/6 of income, but often such claims are fictitious and have no real basis. | The defendant must file a petition to request evidence and obtain certificates confirming the amount of the defendant’s income and the availability of funds in the bank; find evidence of cohabitation with a wife and child for whom alimony is allegedly being withheld. |
| In your objection write: | |
| · The plaintiff’s income has not changed (increased), and the birth of another child is not a reason to infringe on the rights of children from his first marriage. | |
| · The ex-husband lives with his wife, who has collected alimony for their common children, runs a household with her and tries to artificially lower her income. He does not pay child support to his second child; his wife did not apply to the FSSP | |
| Decrease in income due to job change, demotion, dismissal | |
| The plaintiff can significantly understate real income by agreeing with the employer to receive the bulk of the salary in an “envelope.” In this case, the payer may even be fired and work unofficially | The defendant needs to check whether the payer’s financial situation has really worsened. Based on the results of the audit, you can indicate in your objection: |
| · Despite the decrease in official income, during the current quarter (month) the plaintiff purchased a car, a summer house, furniture or other property, for which there is documentary evidence (provide bank statements received upon petition to the court). | |
| · The required amount of alimony will not cover the needs of the child, since the amount is below the subsistence level | |
| Employment of a minor | |
| The plaintiff provides evidence of the child’s income and argues for the need to reduce child support. | The defendant should counter that the child receives an unstable income, does not work regularly, but only during the holidays, and the amount of funds received is several times lower than the subsistence level |
| Having debts on loans to other dependents | |
| The alimony provider can provide an estimate of the amount that remains for personal needs after paying debts, proving that he does not have enough to live on | Loan debt is not a reason to worsen a child’s financial situation. It should be noted that the plaintiff’s obligations should not affect the amount of alimony. Payments for the child are among the first to be withheld, and the lack of money arose due to the fault of the plaintiff and his irrational approach when managing his own funds |
USEFUL INFORMATION: Alimony is social payments
If the objection is supported by evidence of an unjustified reduction in alimony, the payer’s claim will be rejected.
Contents of objections to the claim
Let's consider the most common grounds that alimony providers have for reducing the amount of money transferred to their children, as well as recommendations on what objections the mother can make in each specific case.
Birth of other children
Article 81 of the Family Code of the Russian Federation
Most often, fathers believe that if they have another child in their new marriage, they have the right to demand a reduction in deductions from their earnings from 1/4 to 1/6, referring to Art. 81 of the Family Code of the Russian Federation.
The mere fact of having children will not force the court to reduce payments awarded earlier if the father’s income level has remained the same.
It is necessary to find out whether the alimony payer’s place of work, his salary, and how long he has been working has changed. It will not be possible to obtain such documents on your own, so you need to ask the court to request them.
In addition, fathers with their new spouses sometimes artificially create a situation of collecting alimony for their second child. In this case, the new spouse submits an application for recovery of funds and receives a writ of execution. We need to try to find out whether the marriage between them has been dissolved, whether they continue to live as one family and raise their child together, whether the document has been presented for forced collection.
Example of arguments for objections
1). The plaintiff's place of work has not changed, and his earnings have not decreased significantly. He works in one place for a long time, has a constant income, i.e. his financial situation has not worsened. The birth of a child to the plaintiff in itself cannot be grounds for reducing previously awarded alimony for our common child.
2). The plaintiff’s reference that he is also obliged to pay money for the maintenance of the second child under the court order is untenable, since he continues to live at the same address with his wife and child, the court order was not presented to the bailiffs for execution.
Change of place of work
Often, fathers, trying to reduce the amount of alimony collected in a fixed amount, quit their previous place of work, starting to work for a much lower salary. They can also do the same if the court refused to reduce their child support due to the birth of their second child, indicating that their financial situation has not worsened.
However, they will be reduced only if the plaintiff manages to prove that his financial situation has deteriorated significantly and this does not allow him to pay alimony in the same amount. Judicial practice protects the interests of children, not allowing an unscrupulous parent to simply change jobs and demand a reduction in child support.
It is necessary to find out the reason for the dismissal. If this was your own desire, then indicate that the father deliberately worsened his financial situation. It is necessary to study the amount of salary the father receives, whether it allows him to pay money for the child in the same amount. It is also very important to provide arguments about how the reduction will affect the child’s living conditions. After all, a healthy, able-bodied father has every opportunity to get a higher-paying job.
Example of arguments for objections
Although the plaintiff’s financial situation has now decreased, since at his new job he receives less income, it must be taken into account that he quit his previous highly paid job of his own free will, which suggests that the plaintiff is abusing his rights. Reducing the amount of payments, as demanded by the plaintiff, will have an extremely negative impact on the financial support of our common child, because the amount of alimony will be significantly lower than the minimum subsistence level established in our region.
Illness or disability of the payer
If the basis for requesting a reduction in payments is a disease, it is necessary to establish how severe it is, whether such a disease allows you to earn income, and what expenses are required for treatment.
When the plaintiff receives disability, it becomes clear which group was received and whether it allows him to work.
Example of arguments for objections
The presence of a disease in the plaintiff is not a basis for reducing alimony, since his illness does not prevent him from working in his previous position, and the fact that the plaintiff incurs large expenses for medicines has not been proven.
Employment of a child and earning independent income
Often teenagers, wanting to earn money for their own needs, begin to earn extra money and earn income. Unscrupulous fathers are trying to use this fact against their children, motivating their claim to reduce child support.
Everything will depend on what the child does and what income he receives. If he is engaged in business that brings him a regular and good income, then the court may agree with the father. If earnings are irregular and small, then the father’s demands are not justified.
Example of arguments for objections
It is impossible to reduce the amount of alimony on the basis that our son receives independent income, since he is employed only for the summer vacation period, is not employed full time, and his income was half the minimum wage.
Availability of other persons dependent on the payer
Sometimes unscrupulous payers try to achieve a reduction, citing that they have to support elderly parents. It is necessary to ask the court to request documents confirming the income of these persons.
Example of arguments for objections
It is impossible to take into account the argument that the plaintiff has to support his elderly mother, since the latter receives a pension and also works under an employment contract, her total income exceeds the cost of living for pensioners in our region.
Availability of debt (including alimony), loans, and other expenses
The presence of debts incurred by the payer due to his fault, both for alimony and other obligations, is not accepted by the court in the case of employment and receiving a stable income or the possibility of such employment.
Example of arguments for objections
The fact that the plaintiff has a large debt for alimony and a loan cannot be considered a sufficient basis for reducing payments, since the plaintiff incurred these debts through his fault. The plaintiff is currently working and receiving a salary.
Examples from judicial practice
As judicial practice shows, requests to reduce alimony are not always satisfied by the court. Consider the following situation: citizen N. filed a claim to reduce alimony payments on the basis that his 16-year-old son has his own income. During the trial, it turned out that the minor’s income was irregular and small, and he spent the money received from part-time work on his own education. The child still needed financial assistance from his parents, so the court did not satisfy the father's claim.
USEFUL INFORMATION: Who can challenge an inheritance under a will, reasons for challenging
In another situation, citizen A. filed a claim with the court to cancel alimony payments, arguing that his income had decreased and he needed to provide for his retired parents. The mother of the minor, citizen S., filed a counterclaim to increase child support payments. She explained her position by the presence of a chronic disease in the child, who needs medications, regular procedures and rehabilitation measures.
She also provided evidence that the father, other than financial assistance, did not participate in the child’s life in any way and was not interested in him. During the trial, doubts arose about the real decrease in the income of citizen A. It was found that he simply transferred part of his earnings to a “gray” salary. The court not only refused to satisfy the defendant’s claim, but also increased alimony payments, taking into account the hidden part of the income.
However, there are cases when the court sides with the plaintiff. Let's look at another practical example. Citizen R. asked the court to reduce alimony due to the birth of a second child in a new family (for more details, see the article: reducing alimony for the birth of a second child in a new marriage). There were no grounds for increasing payments for the first child - his mother’s income did not change, everything was in order with her health. The court granted the plaintiff's request and reduced the amount of payments taking into account the need to provide for the newborn and his mother.
Litigation regarding reduction or increase of alimony is always ambiguous and complex. In order to be sure that the court will satisfy your claim, you should contact a competent lawyer. The specialist will help collect evidence and prepare the necessary documents and will present the case in court.
Advice
When preparing objections, you need to analyze the claim, develop the necessary position and prove the fact that the payer, under changed circumstances, can continue to pay alimony in the same amount. It must be taken into account that sometimes living conditions actually change so much that the father is not able to pay alimony in the same amount without significant damage to himself and his new family, therefore there are cases where the payer’s demands for a reduction in the amount of alimony are satisfied.
