New claims regularly appear in the courts demanding to involve parents in the payment of alimony. Everyone is used to them. But there are situations when a lawsuit is filed with a request to cancel alimony. And such requirements, at times, are also legitimate.
Necessary
- In order to cancel the payment of alimony, you need:
- - documents confirming that the circumstances have changed;
- - witnesses;
- - statement.
Instructions
Step 1
Determine the reasons why you can apply to the court to reopen the case and cancel the alimony. In the case when the child changed his place of residence from one parent who received alimony for him to the one who paid them, it is possible to resolve the issue of canceling the alimony calculation. The same should be done if the mother and child have left in an unknown direction and there has been no news from them for several years. In addition, the parent who has developed a serious illness requiring long-term treatment and significant material costs can cancel the collection of alimony payments.
Step 2
Proceed as follows. Since usually the appointment of monetary compensation from one parent to the other is established through the court, then in the reverse order, the case on the cancellation of alimony should be unwound in the same way. This means submitting an application and proving that the other parent is receiving child support from you in vain. Since, for example, the child for whom you pay child support has been living with you for a long time.
Step 3
Make a statement on the basis of article 394 of the Civil Procedure Code for newly discovered circumstances. It must indicate the reasons why the defendant asks to cancel the previous court decision, supporting them with testimony and, if any, materials. Such an application must be submitted to the court that ruled on the first case. The deadline for filing is 3 months from the moment the defendant became aware of these new circumstances. That is, accordingly, if the child moved to live with the father from the mother to a permanent place of residence, then the father has the right, within 3 months from the date of the child's move to him, to submit an application to the court for a reconsideration of the case.
Step 4
Ensure that on the basis of the information received, the court reconsiders all the circumstances of the case and makes a new decision. If your evidence and arguments are convincing, then most likely the court will meet you halfway and cancel your claim for the recovery of alimony.
