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Publication date: 04.03.2024
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Reducing alimony payments is the process of decreasing the amount that one party is obligated to pay to another party as financial support, intended to cover the expenses of caring for a child or another individual. This process can occur for various reasons, such as changes in financial circumstances or changes in family life circumstances.
- Filing a petition to reduce alimony can be a complex step for either party. It can evoke many emotions and disputes between former partners. However, there are specific circumstances in which such a petition may be justified and reasonable from a legal standpoint.
- Grounds for reducing the amount. In Ukraine, as in most countries, the court can reduce alimony payments in the event of changed circumstances. This means that if there have been changes in your situation that have significantly affected your financial ability, you have the right to apply to the court and request a review of the alimony amount.
- One of the main reasons for reducing alimony is a change in the financial situation of the alimony payer. For example, if the alimony payer has lost their job or their income has significantly decreased for other reasons, they may apply to the court to reduce their alimony obligation. Depending on the circumstances, the court may decide to reduce or even cancel the alimony payments.
- Another reason for reducing the amount of alimony may be a change in the life circumstances of either the payer or the recipient of the alimony. For instance, if the alimony payer has suffered a serious injury or illness leading to a loss of ability to work, or if the alimony recipient has married or found stable employment, this may be grounds for reducing or terminating the alimony.
It is also important to consider changes in the needs of the child for whom the alimony is intended. If the child has new needs or if their financial needs have decreased, this may also be a basis for reducing the alimony amount.
Reducing alimony upon the birth of a second child. The birth of a second child can be an important circumstance that may justify reducing alimony. If the alimony payer (usually one of the parents) has a new child, their financial capabilities may change significantly. The new responsibility for supporting the second child may affect their ability to pay alimony for the first child.
The birth of a second child can affect the income and expenses of the alimony payer. For example, expenses for the care, food, and medical treatment of the second child may become a priority, leading to a change in the financial situation of the alimony payer.
Therefore, filing a petition to reduce alimony upon the birth of a second child involves several steps that can help you reduce alimony:
Gather evidence: Before filing a lawsuit, gather all necessary evidence to support your arguments for the need to reduce alimony. This may include documents about your income, expenses, medical bills, and any other circumstances affecting your financial situation.
Consult with a lawyer: Seek advice from an experienced family law attorney. They can help you understand your rights, discuss your situation, and prepare your case for court.
Prepare the lawsuit: Together with your lawyer, draft a lawsuit to the court, specifying all factors supporting your demand for reducing alimony. It is important to clearly and substantively present all arguments and provide the necessary evidence.
Participate in the judicial process: After filing the lawsuit, you will need to participate in the judicial process. Be prepared to present your arguments and evidence to the court, as well as to answer questions from the court and the other party.
Act objectively: Be objective and realistic about your demands. The court will consider all circumstances of the case and make a reasoned decision based on the law and your specific situation.
Note that any lawsuit to reduce alimony must be substantiated and supported by relevant evidence. You may need the assistance of a family law attorney who can help you prepare your lawsuit and represent your interests in court.
In conclusion, filing a lawsuit to reduce child alimony is a serious step that should be considered in case of changes in life circumstances affecting your financial ability. Consulting with a lawyer can help you understand your rights and determine the optimal course of action in your specific situation.
Reducing alimony judicial practice. Due to significant improvement in the financial situation of the alimony payer, the child's mother may file a lawsuit to increase alimony payments. Substantial deterioration in the father's financial situation may be grounds for his demand to reduce alimony payments. This legal position is contained in the Resolution of the Supreme Court dated October 30, 2019, in case No. 462/4973/15-ц.
