Family relationships are a sphere of human life that causes certain difficulties, especially in conflicts. The thing is that the legal regulation of controversial issues in the family is carried out using the specified code of laws. Here you can see a lot of clarifications on the topic "who owes whom and what." Today we will focus on Art. 119 of the Family Code of the Russian Federation. It is dedicated to maintenance payments. Namely - their change and termination. What does each person need to remember about this issue? What difficulties can you face in real life? And how to adjust the size of child support in Russia? Having answered all this, participants in a family conflict will be able to prepare in advance for upholding their point of view.
Defining Child Support
In Russia, legally able-bodied citizens are required to financially support and support their disabled and needy relatives. The corresponding payments are usually called alimony. They are allocated on a regular basis in the amounts established by the court or by settlement.
Parents, disabled spouses and children (including adults) most often claim child support. Other relatives may rely on financial support, but such a situation is not too common.
Payment Assignment Methods
In Art. 119 of the Family Code of the Russian Federation indicates that citizens can determine the amount and method of payment of alimony independently. The following scenarios are possible:
- conclusion of a peace support agreement;
- appeal to the court for the official appropriation of financial support.
In real life, sometimes the parties verbally agree on child support, but then neither the payer nor the recipient of the funds will have any security. In this situation will not stop. It is not regulated by the legislation of the Russian Federation.
The right to change payments
In paragraph 1 of Art. 119 of the Family Code of the Russian Federation states that citizens can change the amount of alimony payments through the court if they do not have a peace agreement. At the same time, adjustment of payments to a greater or lesser cost is allowed.
Moreover, the current legislation of Russia provides for the possibility of exempting the payer from the financial support of relatives. According to Art. 119 of the Family Code of the Russian Federation, the termination of maintenance obligations is carried out taking into account the assessment of the marital and financial situation of the parties.
Collection Failures
In Russia, alimony is sometimes paid not only to disabled and minors, but also to fully capable persons. This is not the most common practice, but it does occur.
Art. 119 of the Family Code emphasizes the possibility of a court refusing to satisfy a claim for the collection of alimony for an adult. This is possible if the recipient committed a crime against the payer. It is important here that the unlawful act be intentional. Otherwise, the lawsuit may be satisfied.
Another point is the refusal to pay alimony due to the unworthy behavior of the recipient of the finances. We are talking about an adult and capable citizen. Child support is paid in all circumstances.
What does the court take into account
The IC of the Russian Federation allows citizens to go to court to change child support payments when changing life circumstances. What points will the judge take into account when considering the application of the established form?
Usually, a change in material situation plays a role here. This implies a significant increase in the income of the recipient of alimony or a strong decrease in the earnings of the alimony. It is important to note that in the second case, the deterioration of the financial situation should not occur through the fault of the citizen, that is, without intent. Otherwise, the judge will not take into account the relevant adjustments.
A sharp improvement in material condition is an increase in the earnings of the family of the payer or recipient of alimony, the acquisition of property by receiving gifts or inheritance.
In this case, the judicial authority will pay attention to how the alimony was assigned - as a percentage of the payer's earnings or in a fixed amount. It is not possible to demand adjustment of payments in a specific amount or percentage, respectively. That is, a change in child support will be carried out in the “plane” in which they were assigned initially.
Other criteria
In Art. 119 of the Family Code of the Russian Federation, you can see that the judicial authorities, when changing the amount of financial support for relatives, take into account other important life factors. And the financial situation here is not the only lever of influence on the court.
Typically, litigation evaluates family circumstances together as a whole. For example, a judge may pay attention to:
- state of health of the parties;
- marital status of the plaintiff and defendant;
- age of citizens;
- disability;
- degree of loss of performance;
- the presence of other dependents of the payer.
That's not all. Judicial debate on alimony is becoming more common, they almost always cause a lot of problems for plaintiffs and defendants.
Marital status is an important component
In Art. 119 of the Family Code of the Russian Federation with comments helps to understand the features of changing and ending child support payments. A huge role in the issue under study is played by the marital status of each participant in the conflict.
Alimony issues are usually resolved individually. This is due to the fact that it is impossible to list and consider in general terms all life circumstances.
For example, the court allows the recalculation of child support for a minor child if the payer has another baby. Moreover, the total amount allocated to two minors will be more than the initial payments. For example, according to the law, a citizen must allocate 25% of his income for 1 child. If the alimony is born 2 babies, then the “new” spouse can go to court to recalculate the financial support of the children. The alimony will have to pay 33%, but at the same time each of the minors will receive 16.5% of his father's earnings.
They can be exempted from alimony when the payer of funds allows the adoption of his child. Such a change in marital status removes responsibility for a minor from a loved one, transferring it to the adoptive parent.
Moreover, if you need to transfer money to support disabled parents, and the payer has his own children (especially when it comes to decrees), you can count on exemption from child support or a significant reduction.
Important: the entry into new marriages of former spouses does not in itself affect the adjustment of alimony.
Inappropriate behavior
According to Art. 119 of the Family Code of the Russian Federation, the amount of alimony may vary depending on the life circumstances of a particular cell in society. Both the payee and the payer can go to court. It is not as hard to do as it seems.
Current Russian legislation allows for denial of alimony to people who behave obscenely. What is meant by such behavior?
For example:
- committing a crime against family members;
- maintaining an immoral lifestyle;
- the presence of any addictions (including alcohol);
- harming family members;
- tough appeal to members of their cell society.
Many questions are caused by adultery. Some consider it the basis for refusing child support allocated for the life of an unfaithful husband / wife, as this is immoral behavior that destroys the institution of the family. Someone sees no reason for the release of the spouse in the material support of the traitor. Therefore, such a sphere remains ambiguous. Each judge will decide on child support for adultery.
How the trial goes
We studied paragraph 1 of Art. 119 of the Family Code of the Russian Federation. P. 2, Art. 149 Code of Civil Procedure of the Russian Federation indicates how the judicial debate. What should the parties prepare for?
The plaintiff must:
- Gather evidence of your point of view.
- File a lawsuit to change or cancel child support.
- Justify the judge their requirements.
At the same time, the defendant will:
- Prepare a rebuttal of the plaintiff's claim.
- Transfer the collected documentation to the judge and the “second side” of the conflict.
- Write your objections to the lawsuit filed by the relative.
- To demand from the court for the recovery of papers that are capable of changing the decision, but cannot be received without a judicial request.
It is now clear that they include clause 1 of Art. 119 of the Family Code of the Russian Federation / p. 2 tbsp. 149 Code of Civil Procedure of the Russian Federation. “I ask you to increase / decrease the amount of alimony or cancel them” - this is the requirement that should be in the lawsuit. Any experienced lawyer will help you prepare the appropriate document.
Documents for the court
The last thing to consider is documents that are useful for judicial debate. Without them, you can’t prove your point of view.
To increase, decrease or cancel child support, you can prepare:
- passports of the parties;
- claim with claims;
- certificates of employment;
- characteristics from the place of work of one or another party;
- witness's testimonies;
- court decisions indicating an ever committed crime;
- certificates from dispensaries about the absence of dependencies among the parties;
- certificates of marriage, divorce, child birth;
- any photo, video and audio materials proving immoral or diligent behavior of the payer / recipient of alimony;
- extracts confirming the presence of dependents in the family;
- certificates of ownership of the property;
- other materials capable of confirming the improvement or deterioration of the material situation of the parties to the dispute.
In fact, everything is much more difficult than it seems initially. Art. 119 of the Family Code of the Russian Federation will help prepare for the upcoming judicial debate on alimony.