Any payer can be exempted from the payment of alimony, subject to a significant change in the financial situation of him or the child. In this case, you will need to go to court and prove the presence of significant changes that give the right to exemption from alimony or a reduction in their amount.
In some cases, the amount of alimony established by the court in favor of the child may change downward afterwards. In addition, the law allows for the possibility of complete exemption of the payer from paying alimony in the presence of certain circumstances. This is possible only if the amount of the alimony payments is determined in a court decision, and there is no agreement between the child's parents on the payment of alimony. If there is an agreement, it is almost impossible to reduce the amount of alimony or completely cancel it, since this agreement is an ordinary civil law transaction, the terms of which can only be changed with mutual consent.
Under what circumstances can you be exempted from paying child support?
Exemption from the obligation to pay alimony is possible in cases where one of the parties (the payer of alimony or their recipient) significantly changes their financial and marital status. There is no clear list of such changes in the law, however, in judicial practice, they often indicate the appearance of disabled family members in the payer of alimony (for example, new children), to whom he is also obliged to provide maintenance. If the alimony payer himself is seriously ill or has a disability, then he will no longer be able to perform his previous job and receive income in the same amount, therefore the court will also decide to reduce the alimony or to be completely exempt from paying it. Finally, serious changes in the child's life may be associated with finding a job, receiving other independent income, as a result of which alimony will cease to play an important role in his maintenance, and may be canceled by the court.
How to get an exemption from the payment of alimony?
To obtain exemption from the payment of alimony, the interested party, which is usually the payer, submits an application to the court. The application should be accompanied by documents confirming the presence of serious changes in the material, marital status of any party. When considering this case, the judge will assess the evidence presented and the level of maintenance of the child after the decision to cancel the alimony is made. After a positive court decision is made, the obligation to pay alimony will cease. In some cases, the court considers it possible only to reduce the amount of alimony, but not to completely cancel it, which is also recorded in the final judicial act.
