Publication date: 23.05.2024
Reduction of alimony
Various circumstances may arise in life when the alimony payer is faced with the need to reduce the amount of alimony established by the court. This may be due to the loss of a job, the birth of another child, the deterioration of health, or other circumstances that have significantly affected a person's financial condition.
According to the legislation of Ukraine, the basis for reducing the amount of alimony is a significant deterioration of the payer's financial situation. Jurisprudence shows that courts take into account various factors when making a decision to reduce the amount of alimony, such as the loss of a job, a decrease in income, the occurrence of new expenses (for example, for treatment) or other aggravating circumstances.
To initiate the process of reducing the amount of alimony, the payer must submit an application for the reduction of the amount of alimony to the court that issued the initial decision on the collection of alimony. The application must contain justification of the reasons for reducing the amount of alimony, as well as the necessary evidence for their confirmation (certificates of income, expenses, medical documents, etc.).
In the case of the birth of another child, the plaintiff must add a birth certificate of the new child and confirmation that he participates in its upkeep. The Supreme Court noted that the presence of another child, for the maintenance of which the payer pays alimony, can be a reason for reducing the amount of alimony for the previous child.
In the statement of claim for the reduction of the amount of alimony, it is also necessary to clearly define the new proposed amount of alimony. Experts recommend paying the court fee immediately when filing a lawsuit, as failure to pay may result in the lawsuit being abandoned.
In the process of considering the case, the court, as a rule, requires the submission of appropriate evidence to confirm the significant deterioration of the material condition. The defendant may file a response to the claim for alimony reduction with objections and arguments.
If the court finds the claim justified, it will make a decision to reduce the amount of alimony in accordance with the stated circumstances. The reduction of alimony, as a general rule, applies to future payments, and the arrears for the past period will continue to be collected in the previously established amount.
Thus, in order to reduce the amount of alimony, it is necessary to apply to the court with an appropriate statement of claim with evidence of a significant deterioration in the payer's financial condition. The court will evaluate the evidence and, if there are grounds, determine a new amount of alimony based on legislation and court practice.
