A claim for the recovery of alimony is a common thing. But recently, claims for the revocation of alimony have become no less legitimate. To achieve their cancellation, you need to collect documents and go to court.
It is necessary
- - a copy of the child's birth certificate;
- - documents confirming the recognition of paternity;
- - statement of claim.
Instructions
Step 1
The main reason that can serve as a basis for withdrawing alimony is as follows: the whereabouts of the child is unknown or the child has moved to live with the parent who paid the alimony. In addition, a serious illness that requires serious material costs may become a reason for canceling alimony. Each reason must be supported by strong evidence.
Step 2
Determine the reason why your child support should be canceled. Remember: it must be weighty - the child has moved to live with you, or the second parent has left with the child in an unknown direction and has not been in touch for several months.
Step 3
Also, if you have a serious medical condition that requires a significant investment in treatment, collect evidence - doctor's notes, drug receipts.
Step 4
File a lawsuit and prove that your ex-spouse is illegally receiving child support from you. The chosen reason should be the basis for making a positive decision for you.
Step 5
Apply to the same court that originally ordered your child support. Act in accordance with Article 394 of the Civil Code of the Russian Federation for circumstances that have reopened.
Step 6
In the application, be sure to indicate the reason why the alimony should be withdrawn and support it with testimony or materials.
Step 7
Stand your ground, seek a mandatory review of the case. If you manage to convince the court of the legality of your claims, it will definitely make a decision to revoke the alimony.
Step 8
Remember: you can only file a claim for the withdrawal of alimony within three months from the moment the circumstances change. Otherwise, the application will not be valid.
