By mutual agreement, the parties have the right to terminate or change the alimony agreement at any time due to a change in circumstances. According to the current legislation, if the parties cannot reach an agreement, then the interested party goes to court.
Instructions
Step 1
In judicial practice, on the basis of Article 119 of the RF IC, there is a whole list of grounds, based on which it is possible to reduce the amount of alimony. Go to court with a statement if you are a child support parent and a Group 1 or 2 disabled person. In this situation, the court has the ability to reduce the amount of alimony. The reason for the reduction of alimony is the fact that the debtor needs outside care and pays the cost of his maintenance.
Step 2
File a claim if your child receiving child support is 16 years of age, has started working and has an income that supports his needs, and if the child receiving child support owns property that generates significant income.
Step 3
The right to reduce the amount of alimony is also given by the fact if the payer of alimony has in the family persons whom he is obliged to support. These can be disabled parents, minor children. In this case, be sure to attach copies of birth or disability certificates to the claim.
Step 4
Alimony will also decrease if the child receiving alimony is fully supported by the state. In this case, alimony is intended to support the child in the family during the holidays and to purchase useful things for him.
Step 5
Remember that if the payer pays child support for children of different mothers, the amount will also be adjusted. Let's say that the payer has been assigned alimony at the rate of 25% for the child, but he already pays 25% from the previous marriage. In this case, the entire amount of alimony is equal to 1/3 of the total earnings (Article 81 of the SCRF).
Step 6
It is interesting that if the payer has a very high income, and the amount of alimony exceeds the child's needs, then in this situation the court has the right to reduce the amount of payments; if the alimony was determined in shares to income (earnings), the decrease will also be expressed in shares.
Step 7
When applying to the court, attach a copy of the birth certificate of children (child), a certificate of the payer's salary, a receipt for payment of the state duty, copies of court decisions on alimony, if any, a certificate of incapacity for work.
Step 8
The claim to the court to change the payment of alimony (Article 119, clause 1) is presented by the person paying the alimony or the recipient of the alimony. An application to the court is filed if these persons have changes in their marital or financial situation.
You need to go to court at your place of residence.
