My ex-husband pays alimony, he recently had another child, we are on good terms with him at the moment. Can I file a claim myself to reduce his alimony? - Lawyer in Samara and Moscow

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:

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.
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.
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.
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.
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.
The child gets a job. When considering a case, the amount of income, type of activity and other factors are examined.
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

If the process of assigning payments was carried out voluntarily, by agreement of the parties, in order to reduce alimony, you need to meet with your spouse and discuss the new amount of payments in the presence of a notary. When consensus is reached, the agreement is changed in some points, the notary checks the legality of such actions and certifies the document.

If a compromise is not reached, or if alimony was assigned through the courts, the payer will have to file a claim to reduce its amount on the basis of Art. 119 RF IC.

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:

Intentional leaving a job or transferring to a lower-paying position.
The appearance of real estate or movable property in the possession of a minor.
Increasing the ex-spouse's income.
Taking out loans or developing other types of debt.
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:

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.
Participate in court, come to meetings on time.
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.
Draw up and register a counterclaim if there are additional claims against the man.
Wait for the court's decision.
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.

Cassation appeal regarding alimony payments in a specific monetary amount. How to submit it?

Many citizens who are far from the field of jurisprudence are confused about concepts. Cassation is the highest authority. A complaint sent to this structure should be understood as filing an objection in order for it to review the decision of the judicial body that is subordinate.

You are first given 30 days to appeal the decision. In this case, we will talk about an appeal.

If the deadline allocated for the first objection is missed, a cassation is written. It can be sent within 30 days to 6 months after the previous court decision has entered into full force.

In the event of a cassation appeal, the objection to a previously adopted verdict will be examined by the judicial panel. She will analyze whether the decision made was legal or not, and will carefully study the evidence used by the court.

Filing a cassation appeal is easy. Before submitting the application, you need to pay a state fee of 100 rubles. The receipt must be attached to the documentation package.

It is worth checking that the application must indicate:

address of the court that made a certain decision;
Full name, address, and contacts of the applicant (if necessary, you can indicate the full name, address and contacts of the respondent);
a description of the court decision that was made (in addition, you will need to indicate the number and date of adoption of the document, as well as the name of the judge);
designation of the part of the verdict with which the applicant categorically disagrees;
an explanation of why disagreement is expressed;
a list of documents proving the applicant’s case (this can be either the documents themselves, or a list of witnesses or any other evidence);
clear requirements (full or partial reversal of the court decision);
list of attached papers.

This is important to know: Which is better: alimony in a fixed amount or in shares

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.

As practice shows

However, as practice shows, the presence of these grounds does not guarantee that the court will agree to reduce the amount of alimony. The fact is that the court takes into account not only the circumstances referred to by the plaintiff, but also other life circumstances of the plaintiff and defendant. For example, if the plaintiff makes a claim for a reduction in alimony due to the loss of his ability to work, but at the same time has other types of income, such as income from rental property, or receives dividends as a founder or participant in an organization, the claim may be denied in meeting the stated requirements.

This is important to know: Marriage agreement regarding future property

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.

Challenging the reduction of alimony on appeal

If the husband filed a claim in court to reduce the amount of alimony received, the recipient of financial assistance, if there are legal grounds, has the right to challenge the plaintiff’s claims. To implement this procedure, you must follow the established procedure:

Submit a response to the statement of claim. This document represents an expression of the defendant’s disagreement with the demands of the alimony payer;
File an objection to the claim in writing. This document allows you to challenge the statement of claim filed by the plaintiff during the trial. An objection is filed if the defendant has compelling arguments for the judge’s refusal to satisfy the plaintiff’s request to reduce alimony;
Another way to challenge a claim for a reduction in alimony is for the recipient of alimony payments to file a corresponding complaint with a higher authority. This stage of challenging the applicant's claims must follow after the judge rejects the objection filed by the defendant.

The procedure for appealing a claim to reduce alimony to a higher authority deserves special attention, since proper compliance with all conditions may allow the defendant to challenge the previous court decision. Due to the fact that the claim for a reduction in the amount of alimony payments according to the law is considered in a magistrate's court, the district court will be considered a higher authority in this case. The recipient of financial support has the opportunity to file an appeal to challenge the decision of the magistrate no later than a month before the designated decision enters into legal force.

In addition to the complaint, the applicant or his representative must provide the court, in order to challenge the claim to reduce the amount of alimony payments, with evidence certifying the validity of the alimony claimant’s claims. After the appeal is accepted for consideration, a trial will be initiated in the district court. In a new court case, both parties to the case are required to participate. At the end of the process, the appellate judge is obliged to make a decision:

Contest the statement of claim filed by the alimony payer for a reduction in alimony;
Leave the decision of the magistrate court unchanged;
Partially satisfy the requirements of the parties.

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.

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!

Describe your situation to a lawyer in an online chat or write a question in the form below.

How to challenge your ex-husband's claim to reduce alimony

The court's consideration of the child's father's request to reduce the amount of alimony takes place through a lawsuit. Therefore, the defendant – the child’s mother – needs to act in accordance with civil procedural law.

If the child’s mother does not agree with the claim to reduce child support, she has the right:

File an objection to the claim if she does not agree with procedural violations, incorrect use of evidence, errors, distortions, false arguments and unreliable evidence on the part of the plaintiff;
File a counterclaim on the same subject of the dispute, for example, to increase the amount of alimony payments (if there are grounds for this) or to assign alimony in a fixed amount;
Challenge the court decision in the appellate instance within 1 month;
Challenge the court decision that has entered into force in the cassation instance within 6 months.

It is obvious that all of the above actions are advisable only if there are compelling reasons for considering the case from the position of the defendant and the corresponding evidence base. If you have any difficulties, write to the chat or call the hotline. Our lawyers will help you assess the situation and determine a strategy for further action.

Procedure

Let's consider what your step-by-step action plan will be if your ex-husband filed a claim to reduce the amount of monthly alimony payments.

Receive notification from the court that the claim has been accepted for consideration. The notice will indicate the date and time of the first (preliminary) court hearing, at which you will be able to familiarize yourself with the case materials, express agreement or disagreement with the claim, and receive clarifications from the court.
Take part in court proceedings - attend court hearings at the appointed time;
Prepare and file an objection to the statement of claim. This can be done both during the preliminary court hearing and during subsequent court hearings, when the court invites the parties to express arguments on the subject of the dispute. The main thing is that the objection be filed before the court retires to the deliberation room to make a decision.
File a counterclaim - if you have counterclaims on the subject of the dispute;
Obtain a court decision;
If you disagree with the court decision to reduce the amount of alimony payments, file an appeal to a higher court within 1 month;
If you disagree with the court decision that has entered into force, file a cassation appeal within 6 months.

Objection to the claim to reduce the amount of alimony

An objection to the claim may be filed:

Orally - information about it is entered into the protocol of the court session, and subsequently the defendant can familiarize itself with the case materials and verify the correctness of the protocol;
In writing - with mandatory consideration at a court hearing and attachment to the case materials. It must be said that a written form of objection is much preferable to an oral one.

The form of objection is not provided for by any legal act, therefore, when preparing a document, you can be guided by the general rules of maintaining business and procedural documentation.

The objection must include the following information:

Name of the court in which the case is being heard;
Case number;
Details of the parties - plaintiff and defendant - full name, address, contact details;
Title: “Objection to the claim to reduce the amount of alimony”;
Statement of the defendant’s position: why he objects to the claim, what arguments of the plaintiff he considers incorrect, what is the violation of procedural norms or family law norms, why the amount of alimony should not be reduced;
Link to legal norms;
List of attachments that support the defendant’s arguments;
Date of;
Signature.

We discussed in detail how to substantiate an objection to a claim (depending on what arguments the plaintiff gives in the claim) in the article “Objection to a claim for a reduction in alimony.” In particular, if the plaintiff asks to reduce the amount of alimony for the following reasons:

Unemployment. According to Art. 80 of the RF IC, parents must support their children in any circumstances, and if there is no work, alimony is paid from unemployment benefits or other income.
Decrease in income. The child’s needs for support have remained unchanged, but on the part of the father, abuse is possible, receiving “gray” wages or deliberately switching to low-paid work to reduce the amount of child support payments.
Disability. Disabled people are not exempt from paying child support for minor children, and child support must be collected from disability benefits and other income if the disabled person continues to work.
The birth of other children. The father's earnings are sufficient to support the first child at the same level without prejudice to the needs of other children.
The child already works and provides for himself
The child works and can support himself. The child’s income is low and irregular; it is not enough to meet all the child’s needs.
The child inherited real estate or other valuable property. The child will acquire the right to dispose of property later, but at the time the claim is considered, it does not generate income or the amount of income does not cover the child’s needs.

Of course, all the defendant’s arguments against the claims must be reasoned and documented, otherwise the court will not take into account the unfounded objection. Also, the defendant may partially admit the claim and agree with the plaintiff’s demands for a reduction in alimony.

Counterclaim

In addition to the right to object to the claim to reduce the amount of alimony, the defendant also has the right to file a counterclaim. The very name of the procedural document speaks volumes about its essence: it contains counterclaims to the plaintiff.

The law (Article 137 of the Code of Civil Procedure of the Russian Federation) determines the conditions for filing a counterclaim:

The counterclaim must be drawn up in accordance with the general requirements (Articles 131-132 of the Code of Civil Procedure of the Russian Federation);
You can file a counterclaim in a child support dispute only at the place where the main claim is being considered;
You can file a counterclaim only before the court makes a decision on the main claim;
The counterclaim must be considered together with the main claim;
Based on the results of consideration of the initial and counterclaims, the court makes one decision. R

Also according to Art. 138 of the Code of Civil Procedure of the Russian Federation, a counterclaim is accepted by the court if there is a relationship between the claims or if the satisfaction of the counterclaim will exclude the possibility of satisfying the main, original claim. For example, a counterclaim may contain a demand for an increase in the amount of alimony payments or for the payment of alimony in a fixed amount - instead of a decrease.

Why do lawyers advise the child’s mother to file a counterclaim in a dispute over the reduction of child support? Of course, if she really has counterclaims against the plaintiff and evidence of their validity. Firstly, it saves time for all participants in the trial - all controversial issues are considered in one trial at once. Secondly, a fair decision is made that takes into account all the circumstances of the case and the position of each party. Thirdly, there is a high probability that the parties will reach a settlement agreement. Fourthly, it can be assumed that the decision made will not be disputed and will be implemented, since all disagreements between the parties have been resolved. The only disadvantage of filing a counterclaim is the lengthy legal proceedings associated with the joint consideration of the filed claims and the entire evidence base.

As for the rules for drawing up a counterclaim, they differ little from the general rules established by Articles 131-132 of the Code of Civil Procedure of the Russian Federation. The form and content of the statement of claim must be as follows:

The name of the court that hears the original claim;
Details of the parties (plaintiff-defendant and defendant-plaintiff - this is what the parties are called after filing a counterclaim) - full name, address, contact details;
Title: “Counterclaim to the claim to reduce the amount of alimony”
Statement of arguments and substantiation of the demands of the defendant-plaintiff,
References to the rules of law that justify his position;
Counterclaims;
List of annexes - documents that confirm all arguments and requirements;
Date of;
Signature.

How does the court consider a counterclaim?

If a counterclaim is filed during alimony proceedings, the court begins to consider the case anew, from the very beginning. This is quite fair, because the dispute is subject to comprehensive consideration, taking into account the interests and requirements of the defendant.

The case is being prepared for consideration;
The date and time of the court hearing are set;
The arguments of the parties are heard;
Documents and other submitted evidence are examined;
Perhaps the parties reach an amicable agreement;
A court decision is made.

The peculiarity of considering the case and making a decision on two claims is that the court must...

satisfy one claim and deny the other. For example, reduce the amount of alimony at the request of the original plaintiff, refusing to satisfy the counterclaims of the defendant;
satisfy each claim partially.

If the defendant’s counterclaim is not satisfied, she can file an independent claim in court, for example, for the assignment of alimony in a fixed amount.

Appeal or cassation complaint against a court decision to reduce the amount of alimony

If, despite the mother’s objection or counterclaim, the court still decides in favor of the father, who asked to reduce the amount of payments for the child, this is not the end of the dispute. A court decision that does not satisfy the mother can be appealed through an appeal or cassation procedure.

As a rule, at this stage, mothers are faced with many legal difficulties - deadlines, preparing a complaint and collecting documents, going to court and participating in sessions of a higher court. If many people can conduct proceedings in the court of first instance on their own, then it is better to seek a review of the court decision with the support of an experienced lawyer. First of all, because to appeal a court decision, compelling reasons are needed - not just disagreement with the court decision, but also evidence of incorrect application of the law by the court, incomplete, inaccurate consideration of the circumstances of the case, and the emergence of new evidence. For example, in the initial lawsuit, the plaintiff provided false information to the court, of which the defendant has evidence. In addition, preparing a legally competent, meaningful and convincing complaint can cause difficulties. If you have any difficulties, our portal is free.

The form and content of a complaint against a court decision must be as follows:

Name, address of the higher court;
Information about the parties to the case: full name, address, contacts;
Document title: “Appeal”;
Statement of the circumstances of the case: when and in what amount alimony was collected, a claim was filed and considered by the lower court to reduce the amount of alimony, what arguments were presented by the parties (the plaintiff - to reduce the amount of alimony, the defendant - to maintain the previous level of financial support for the child);
The reason why the defendant does not agree with the decision of the lower court, what the violation of the law is, the arguments on the basis of which the alimony recipient is challenging the decision of the lower court;
Reference to the norms of family and civil procedural legislation;
A request to review a decision made by a lower court, change it, or issue a new decision;
List of attachments to the claim;
Date of;
Signature.

The main condition for filing a complaint with a higher court is the presence of not only arguments, but also documentary evidence with which you can challenge the court’s decision. The complaint will not be accepted and considered by a higher court if the mother cannot prove or confirm the accuracy of the data set out in the complaint. Thus, the following documents must be attached to the complaint:

Documents that confirm the personal data of the parties to the dispute;
Documents that support the mother’s arguments;

The mother can challenge the court decision on appeal within 30 days after its adoption, and on cassation – within 6 months after it enters into force. Therefore, do not delay in preparing and filing a complaint. If you need legal support, contact the lawyers of our portal for free legal advice.

Based on the results of consideration of the complaint, the court may...

Cancel the court's decision to reduce the amount of alimony payments and send the case for re-examination;
Leave the court's decision unchanged.

Documentation

A complete and accurate list of documents will depend on the specific circumstances: what arguments the father gives to the court for the amount of alimony to be reduced, and what arguments the mother gives against such a reduction in the amount of alimony payments.

Since in most cases the father claims that he cannot pay child support at the same amount (due to changes in family or financial circumstances), the mother must provide the court with evidence of his ability to pay. And also evidence that the child’s needs are disproportionately higher than the amount of child support that the father can or wants to pay. These can be certificates and extracts, tax returns, receipts, contracts, certificates - depending on the specific circumstances.

In this regard, preparing documentary evidence can be difficult. If the mother cannot provide the court with certificates of the father's wages, she can petition the court to request these documents. If you need legal advice, write to the chat or call the hotline.

Arbitrage practice

Disputes in which the ex-husband seeks a reduction in alimony payments, and the wife tries to maintain the same level of financial support for the child, are always extremely difficult.

Firstly, from a moral point of view - the arguments of both sides, as a rule, can be understood: men are forced to take such a step for good reasons, but women also care about the rights of the child, and not about their own rights. Judicial practice on such disputes is very diverse. Sometimes fathers ask for a reduction in child support due to disability or serious illness. In this case, the court will most likely grant the claim.

Example 1 The Tver City Court granted the claim of Vladimir Gorenko’s father, who asked to reduce the amount of alimony. In the lawsuit, he stated that a year ago, together with his new wife and child, he got into an accident, after which he became disabled and could not work for some time, and was also forced to pay for long and expensive expenses for all injured family members. In this regard, he could not pay alimony to the child from his first marriage in full. The court reduced the previously established fixed amount of alimony by half despite the objection of the mother of the child from the plaintiff’s first marriage.

But sometimes the claim is dictated by a banal reluctance to support the child, and the father appeals to a “successful” marriage or the mother’s high earnings. In such cases, the mother should definitely fight for his rights.

Example 2 The Novgorod City Court rejected Timofey Pavlovsky’s claim to reduce the amount of alimony. The plaintiff cited the loss of his job as his main argument, but at the court hearing it turned out that he voluntarily quit his job and has not yet gotten a new job or registered with the employment center. The mother of a 14-year-old daughter filed an objection to the claim, pointing out that the child’s needs have not only changed, moreover, her daughter plays sports and often takes part in competitions, so the costs of developing the child’s abilities are constantly growing. It was also established that the plaintiff owns real estate that brings him a constant income. Based on the totality of the facts, the court rejected the claim.

Secondly, such cases are complex from a procedural point of view: both parties must present to the court not only convictions and unfounded arguments, but also evidence (the father - that his financial situation has weakened, the mother - that the child’s needs have not changed or have become higher, and the father – abuses rights and neglects the performance of parental responsibilities).

We must remember that reducing the amount of alimony at the request of fathers is a right, but not an obligation of the court. And the parties must be prepared for a thorough and detailed examination by the court of all the circumstances of the case.

Parents should also take note: if the court of first instance does not satisfy the claim, it will be more and more difficult to obtain a review of the case and a positive decision in a higher court.
And vice versa. Therefore, it is worth focusing all your efforts on the initial trial: assessing the chances, thoroughly familiarizing yourself with the law, collecting documents, preparing objections and protecting the interests of the child, if possible, enlisting the support of a lawyer. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!