A decrease in the amount of alimony, as a rule, is a consequence of the appeal to the court of their payer with a corresponding request. The only way out for the recipient of alimony is to submit an independent application for an increase in alimony.
Instructions
Step 1
Prepare a statement of claim to the court demanding an increase in the amount of alimony. The application should include references to specific evidence that confirms the decrease in the level of maintenance of the child after the reduction in the amount of alimony.
Step 2
As evidence of the insufficient level of material support of the minor, use certificates from the place of work, confirmation of other sources of income. Compare the total amount of monthly income with the normatively established indicator of the subsistence level in the corresponding region of the Russian Federation.
Step 3
Submit evidence to the court that there are additional recurring costs that prevent you from providing adequate support for your child. Such evidence can be loan agreements, certificates of the presence of other minor children, disabled dependent dependents (for example, elderly parents).
Step 4
Provide in the application the calculation of the monthly expenses for the child's maintenance, taking into account the need to purchase food, clothing, toys, educational materials, payment for educational and other services, utilities and other household expenses. When calculating, use statistical information on average prices, incoming invoices from service providers, contractual and other documents.
Step 5
Inquire about the reason for the satisfaction of the payer's application to reduce the amount of alimony. If by the time the recipient learned about the reduction in their size by the court decision, the appeal period has not expired, then you can file a complaint against the adopted judicial act, justify your own position in it, and raise objections to the arguments of the payer.
Step 6
Ask the court to determine the amount of alimony not in shares of the payer's earnings, but in a fixed amount of money. At the same time, indicate the need for periodic indexation of the specified amount, which will lead to its determination in multiples of the subsistence minimum in the corresponding constituent entity of the Russian Federation.
Step 7
If there is evidence that the payer has other income that was not taken into account when determining the amount of alimony, present this evidence to the court. This will become a serious reason for revising the amount of periodic payments for a child upward, while the court is likely to determine alimony in a fixed amount, since the documents on the payer's income will not be credible.
