In Russia there is a huge number of divorces. Especially among couples with children. However, divorce is not a reason to evade their parental obligations. Both parents will still need to support the child until adulthood, and bring him up in full. In real life, minors stay with one of their parents. Most often it is a mother. The second parent (father) pays monthly alimony in one way or another. But over time, the fathers either refuse to fulfill their obligations, or are looking for reasons to relieve themselves of this responsibility. Next, we will talk about how to reduce child support. Is it possible to somehow reduce the amount of money allocated to a minor for maintenance? How to act in a particular case?
Payout Sizes
The first step is to understand the extent to which child support can be assigned. In Russia, there are several scenarios.
Firstly, child support can be paid in hard cash. The exact numbers are set based on many factors.
Secondly, child support is paid as a percentage of salary. In this case, the amount of payments depends on the number of children. Namely:
- 25% - for 1 child;
- 33% - for 2 children;
- 50% - for 3 or more minors.
Modern practice indicates that payers are more often concerned not with the real financial situation of the child, but with a decrease in child support. Is it possible to somehow make payments to a minor decrease?
Right to reduction
Yes. But in modern Russian legislation there is not a single legal act that completely exempts a parent from maintenance obligations to minor children.
Despite this, under certain circumstances a reduction in child support is possible. Just because no one performs this operation. For what reasons can one demand a reduction in the amount allocated for the maintenance of a child?
Reasons for lower payouts
It all depends on the circumstances. Every family is an individual. It may reveal factors that can affect child support. When is it allowed to reduce payments for minors?
Judicial practice demonstrates that a reduction in child support is allowed in the following cases:
- A sharp deterioration in the health of the payer, affecting the ability to work.
- Obtaining a disability status by a citizen. For this you need to have a disability of 1 or 2 groups.
- Having a teenager from 16 years old own competitive earnings. This is usually possible with emancipation. Then a child at 16 years old becomes fully capable.
- Registration for the child of any property or property, bringing constant profit. For example, an apartment for rent.
- The emergence of new dependents at the payer of alimony. They can be spouses, parents, brothers and sisters, children.
- Collection of money for the maintenance of other minor children of the payer.
- If the child enters state support in full.
- Strong increase in payer income.
The latter scenario is not so common. Typically, the situation applies when 1/4 of the citizen’s income is more than enough to pay for children's needs, and the rest of the money is spent or can be spent on parental needs.
Does not matter
Reducing child support at the birth of another citizen is a fairly common practice. Despite all the above features, there are some factors that do not play a role in the appointment of alimony. What can a citizen not operate if he needs to reduce the amount of payments for the maintenance of a child?
Among these factors distinguish:
- Earnings mother. Even if the parent with whom the child lives (most often the mother) has a good income, this does not relieve the second legal representative of the responsibility for the maintenance of the minor.
- Assignment of pensions, scholarships and other monthly state payments to the child.
- Situations in which a minor owns expensive property, but it does not bring any income.
Accordingly, the court will not consider, for example, high earnings from the mother as a basis for reducing the amount of payments for the child by the father.
Reduction methods
Today, a decrease in child support (a sample application will be presented later) can occur in different ways. Namely:
- by peaceful agreement;
- judicially.
The first scenario is possible when an alimony payment agreement is concluded between the parents. Then the parties can independently agree on how much the second parent will pay the child. But in practice, achieving such a result is difficult. Therefore, the parties usually resolve child support issues through the courts.
Where specifically to go
Where exactly is the claim filed to reduce child support? This question interests many citizens. In particular, payers. They are often the ones who request it.
Citizens need to file a lawsuit at the place of registration of the plaintiff. This means that the applicant must file a corresponding application with the court at registration. Other authorities do not deal with child support issues.
Procedure
Did the citizen decide to go to court? Reducing child support is not always possible. Therefore, the court may refuse the claim after a detailed examination of the materials provided.
How to reduce child support? To do this, you need:
- Collect the documents required to file a claim. About them will be discussed later.
- Compose and write a statement of claim.
- To file a lawsuit together with a package of papers to the district court at the registration of the payer.
- Wait for the hearing of the case.
- Get a court decision on hand. If the court considers the plaintiff’s appeal to be justified, it will be possible to reduce the amount of alimony payments.
The most difficult task in practice is to prove that the second parent really has the right to reduce child support. What might come in handy for this?
About Documents
Which documents will help to reduce child support? To submit a claim of the established form will have to show:
- claimant's passport;
- birth certificates of all children;
- marriage / divorce certificate (if any);
- income statements (usually it is a form of 2-personal income tax);
- bank statements on the state of the citizen's account;
- a document on the basis of which alimony is paid (agreement or court decision);
- ID cards of other dependents (if any);
- any other documents confirming the existence of grounds for reducing child support (disability certificates, for example).
It is advisable to submit all documents not only in the form of the original, but also with copies. Otherwise, the claim may not be accepted.
Tricks
But that is not all. A sample application for reduced child support will be presented below. But before that, I want to note that sometimes citizens can bring the idea to life without judicial debate. As a rule, these are cases when it comes to paying money as a percentage of salary.
The thing is that alimony citizens are often employed for new jobs with lower earnings in order to reduce child support. This practice really takes place. It is used quite actively.
Quitting completely is not worth it. The citizen’s lack of work is not a reason for canceling the maintenance obligations of the legal representative of the minor. Then payments will be withheld, for example, from benefits and pensions. At a minimum, but you still have to pay.
There are no more real tricks in practice. Only the proposed algorithms can reduce child support. And no other way. In fact, such situations do not occur too often - the court usually protects the interests of minors. Therefore, without real reason with evidence to translate ideas into reality, you can not hope. It is clear how the claim is submitted to reduce child support. How to write this paper?
Spelling rules
To do this is not difficult. Especially to the one who already dealt with statements of claim.
Paperwork is subject to the rules of conducting business correspondence. The structure of the lawsuit will be as follows:
- "hat";
- name;
- clarification;
- the main part (story);
- request;
- conclusion (date, signature).
The main part of the document needs to be as detailed as possible, but briefly and in the case, to state the reason for the request. All words must be documented.
When making a claim, the text should not have jargon and errors. Otherwise, there should not be any difficulties with the preparation and submission of the document.
Sample
Below is a sample application for reduced child support. This document is the most common template by which you can write a similar paper for your occasion.
As a rule, each claim is a unique document that is written by the plaintiff manually or on a computer. The main thing is to pay enough attention to its main part. And confirm all your words in one way or another. Without confirmation, it is impossible to reduce child support. Especially given the fact that the court most often takes the side of children - their interests are protected first of all.
Now it’s clear how to reduce child support. This operation, if the citizen really has a legitimate reason to implement the idea, does not cause difficulties. They can arise only in terms of preparing evidence. The rest of the claim is made, filed and considered on a common basis.
It is recommended that issues related to alimony be resolved outside the court. So it will be possible to reduce them or increase without much difficulty and by agreement with the second parent. This greatly saves time and effort. In any case, it is now clear how the reduction of alimony occurs.