Everything flows, everything changes in life. People converge and disperse, but the children remain. Parents are obliged to support their minor children (Article 80 of the RF IC). If you already have an obligation to pay alimony to your ex-spouse (mother of the child), and you entered into a new relationship and you have another child, the amount of alimony established by the court may be changed.
Necessary
Either a notarial agreement on the payment of new alimony obligations, or a court decision on the payment of alimony for the second child. The first option is faster
Instructions
Step 1
By virtue of Art. 99 of the RF IC, an agreement on the payment of alimony is concluded between the person obliged to pay the alimony and its recipient. In this regard, contact the mother of the second child to a notary to conclude such an agreement. According to Art. 100 of the RF IC, an agreement on the payment of alimony is concluded in writing and is subject to notarization.
Instead, the mother of the second child can go to court with a statement of claim for the recovery of alimony, wait for the court's decision and receive a writ of execution.
Step 2
In accordance with Art. 119 of the RF IC, if in the absence of an agreement on the payment of alimony after the establishment of the amount of alimony in court, the financial or marital status of one of the parties has changed, the court has the right, at the request of either party, to change the established amount of alimony. Based on this, you have the right to apply to the same court where the decision to recover the alimony was made with a statement of claim to reduce the amount of alimony. In the statement of claim, it is necessary to indicate the circumstances affecting the reduction of the amount of alimony, i.e. it can be both an agreement on the payment of alimony, and a court decision (writ of execution) on the recovery of alimony for the second child. Attach to the statement of claim:
1. A copy of the statement of claim, 2. A document confirming the payment of the state fee, 3. A copy of the court decision on the payment of alimony for the first child,
4. Certificate of the plaintiff's salary, 5. A copy of the child support agreement or court decision on the payment of child support for the second child.
Step 3
When making a decision, the court will primarily proceed from the interests of both children. No child should be deprived of their rights. Only in exceptional cases does the court deviate from this rule to reduce the amount of alimony. When the court decides on the reduction of the amount of alimony, only the earnings of the alimony payer are taken into account. The court decision will most likely be in your favor. After receiving the court decision and the writ of execution, contact the bailiff service with a statement to which you attach the writ of execution. The bailiff will have to execute the court decision and issue a ruling, which will reflect the new amount of alimony for the first child.
