The maintenance of their children is the responsibility of the parents. Even if the parent and the child live separately, the law obliges them to pay financial support to their child, regardless of the possibility and availability of funds for this. If life circumstances change, the court may change the procedure for paying alimony, the changes may be associated with an increase or decrease in the amount of financial support for a child.
Instructions
Step 1
The Family Code of the Russian Federation provides for the payment of funds for the maintenance of their minor children. If the parent refuses to fulfill his monetary obligations voluntarily, then a court decision will be made to collect alimony in shares of the parent's net income. The amount of alimony is set in the following shares: for one child - 25% of income, for two - 33% of income; on three or more 50% of the income. Payment of salary is due until the onset of the age of majority, unless otherwise provided by law.
Step 2
If the person paying alimony changes life circumstances and the amount of payments to the first child is significant, then in court the amount of the monetary allowance can be reduced. The Family Code does not stipulate the amount of a possible reduction, just as there is no list of reasons that should be valid in this case. On the basis of Article 119 of the Family Code of the Russian Federation, judicial practice has developed, which has formed a certain list of reasons that may be grounds for reducing the amount of alimony.
Step 3
These include: the presence in the new family of the alimony payer of persons to whom he must provide support, for example, the birth of a second child and a dependent spouse due to caring for a baby. Payment of alimony to two children living in different families, if decisions are made to pay alimony at 25% to each child, then the total amount will be 50% of the total income, while the law provides for payments for two children in the amount of 33%, in this case it is possible to apply to the court with a claim to reduce the amount of alimony.
Step 4
A statement of claim for a reduction in the amount of alimony is filed with the court at the place of residence of the claimant or one of them. The statement of claim indicates the circumstances in which the payment of alimony in the previously established amount is not possible. Documents are attached to the application to substantiate their claims. The following is sent to the court: a statement of claim; birth certificate of a child; a document establishing the current payment of alimony (court decision, agreement on the payment of alimony), birth certificate of the second (third) child, marriage certificate, document confirming income (certificate in 2-NDFL form); certificate of the place of work; a document confirming the payment of the state fee.
