The judicial authorities are legally granted the right to independently determine the amount of alimony that is collected on minor children. That is why the court can reduce the amount of alimony if the paying parent makes a request and justifies the need for such a reduction.
Instructions
Step 1
Family law does not establish specific grounds on which the court can reduce the amount of alimony. But the judicial authorities have this right, which follows from the provision that the amount of alimony is determined taking into account the financial situation of the parents and other circumstances. A list of the most common reasons for the reduction in the amount of alimony can be found in the established judicial practice in such cases.
Step 2
For example, the amount of alimony is often reduced if the parent obliged to pay it is disabled. In such a situation, additional funds are required for care, the purchase of drugs and necessary equipment, and the total amount of income is usually low. That is why the courts often meet these parents halfway and reduce monthly alimony payments.
Step 3
A request for a reduction in child support can be granted if the child himself / herself has a certain income. Thus, in judicial practice, there have been cases of a decrease in payments when a child finds a job. Official employment is allowed by law from the age of sixteen, so children can receive independent income at the same time as alimony, which is paid until the age of majority. A similar reason is that the child has property that constantly generates income (for example, rented real estate).
Step 4
A serious reason for reducing the amount of alimony in court is the presence of the payer of other minor children, dependents. Thus, additional expenses may be required to support elderly parents, which also often serves as the basis for reducing monthly child support payments.
Step 5
If the child for whom child support is being paid is supported at public expense, the payer can also apply to the court for a reduction in monthly payments. This basis applies to children who live and are brought up in orphanages and boarding schools.
Step 6
The court can reduce the amount of monthly payments if the minor children of the alimony payer are in different families. So, if there are children from two different women, 25 percent of the income for each child can be collected from the payer. If two children of an alimony payer are born of one woman, then the amount of alimony established by law will be only 33 percent of income. This circumstance is taken into account by the courts when considering a request for a reduction in alimony.
Step 7
Finally, the amount of alimony may be reduced when the payer has a high income. In this situation, the legally established share of earnings significantly exceeds the child's needs, which may serve as a basis for reducing payments.
