The Family Code (Article 80 of the RF IC) defines the obligation of parents to support their minor children. However, due to objective circumstances, sometimes the amount of alimony should be revised downward. This is done exclusively on a declarative basis.
Instructions
Step 1
The order and form of content can be determined by the parents independently.
This can be the maintenance and upbringing of children in a joint residence, as well as the monetary or other participation of a parent who is absent for good reasons in the maintenance and upbringing of their own child. A good reason for the absence of a parent is divorce and the subsequent separation of the spouses. In this case, the parent with whom the child lives permanently has the right to file for the recovery of alimony as a representative of the minor child. The amount of alimony paid today is 25% of the earnings of the parent from whom the alimony is being collected. If the family has two or more children, then alimony is collected for each child in equal shares.
Step 2
However, it often happens that the second parent (usually the father) creates another family and children are also born there, who need support. It turns out that the youngest child in the new family is infringed on financial support in favor of the older child from the previous family. To reduce the amount of alimony for the child from the first family, the following steps must be taken. A father who has another family must file a claim for a reduction in the amount of alimony, indicate all the arguments and attach supporting documents (birth certificate of the second child, etc.)
Step 3
The real spouse of the father can also apply for alimony for the maintenance of a common child, after which the father will already submit an application for a reduction in the amount of alimony. available court decisions in relation to alimony, a receipt for payment of state duty. In addition, you can attach a certificate of temporary incapacity for work of the real spouse in connection with parental leave. In this case, the spouse must also support the disabled wife, which can significantly affect the amount of alimony.
Step 4
Remember that when calculating the amount of alimony, the court proceeds from a comparison of the percentage of earnings attributable to children receiving child support and the percentage attributable to children in the payer's family. In any case, the child cannot receive less than 16% of the parent's child support salary.
