Reduction of alimony

There are cases when the payment of alimony becomes an excessive financial burden, in which case it is possible to reduce its amount if there are compelling circumstances. It is necessary to clearly show that your life circumstances have changed, and now the amount of alimony cannot remain at the previous level. In this article, we will consider the grounds on which the amount of alimony can be reduced, as well as the procedure for reducing alimony payments involving a civil lawyer.

Grounds for reducing alimony payments

According to the Family Code, the amount of alimony established by the court or agreed between the parents can be reduced at the request of the payer in the event of a change in financial or family status, deterioration of health and other circumstances provided for by law.

There is no complete list of such circumstances in the law, but on the basis of judicial practice, it is possible to single out the most common situations when a reduction in the amount of alimony is justified and acceptable.

These cases include:

• the payer of alimony, who is a disabled person of the I or II group and has additional costs for treatment and care;
• creating a new family, reducing the amount of alimony upon the birth of a second child;
• loss of job with the impossibility of finding a new job while maintaining the former level of income;
• the child has his own income from real estate, which reduces the need for alimony.

Grounds for refusal to reduce the amount of alimony

Circumstances that cannot serve as a basis for reducing the amount of alimony, despite the fact that alimony payers often refer to the following circumstances:

• High income of the mother who lives with the child. Both parents are obliged to provide material support for their children in equal shares, using a legally defined part of their income. The presence of a higher income of one of the parents, who directs more funds to the child, does not allow the other parent to reduce his payments.
• The presence of immovable property in the possession of the child that does not bring income (for example, the apartment in which the child lives, a country house, a plot of land).
• Receipt of a pension, social benefits or scholarship by a minor child.

It must be remembered that if there are legal grounds for reducing the amount of alimony, the payer does not have the right to arbitrarily reduce their amount. Only a court can do that. If the alimony payer will pay less than established by the court decision, arrears arise.

The procedure for reducing the amount of alimony

First of all, it is necessary to prepare an application for a change in the amount of alimony. The next step is to collect a set of documents that confirm the circumstances stated in the application and justify the claims. Then pay the court fee and go to court.

It is important to remember that it is possible to reduce alimony only on the basis of significant reasons and convincing evidence.

During the consideration of the claim, the court will take into account all aspects of the case, in particular:

• financial and family situation of both parents;
• grounds for reducing the amount of alimony;
• maintenance needs for the child.

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The importance of legal support when reducing the amount of alimony

Legal support allows you to carefully analyze the grounds for reducing alimony in accordance with current legislation and court practice, as well as to correctly file a claim, a response to a claim for a reduction in alimony and collect the necessary evidence. The legal opinion, which is provided as part of such support, confirms the validity of the claims and helps the court to make a reasonable legal conclusion regarding the reduction of alimony based on the presented arguments and evidence.

If you have problems with reducing the amount of alimony, seek help from experienced lawyers at consultant.net.ua. Our lawyers have extensive experience in civil cases and will help you protect your rights and interests. Using the services of a lawyer in civil cases, you can be sure of a professional approach and high quality legal assistance. Claim for reduction of alimony court fee; A sample of a statement of claim for a reduction in the amount of alimony; A statement of claim to reduce the amount of alimony for two children; Reducing the amount of alimony court practice.

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