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Publication date: 29.05.2024
Graduated lawyer with experience of more than 7 years with experience in the field of public procurement, civil, administrative law and document drafting, expert in communication and dispute resolution, author of a legal blog and social media.
Reducing the Amount of Alimony: Legal Grounds and Procedures
A Reduction in the Amount of Alimony
A reduction in the amount of reduce alimony is an opportunity for the payer, through the court, to reduce the amount of alimony charged for the maintenance of their child. However, there are certain nuances; the payer must have legal grounds for reducing the amount of alimony. What do these consist of? Let's consider them now.
- Change in financial status: This can include a decrease in profit, loss of income, destruction of property, or retirement.
- Change in the payer's marital status: This includes contracting another marriage with the obligation to support joint children and reducing the amount of alimony upon the birth of a second child, but only if the financial situation has deteriorated.
- Misuse of money: If misuse of alimony funds is known, there must be evidence confirmed by the Children's Affairs Service, which supervises it.
- Deterioration of the payer's health: Medical documentary confirmation must be provided to the court.
These grounds in favor of the payer are specified in Article 192 of the Family Code and Article 186 of the Criminal Code of Ukraine. If at least one of these circumstances arises, the payer has the right to apply to the court for the purpose of reducing alimony. The law also provides that a change in the size (increase) of alimony may be initiated not only by the payer but also by the recipient, in the event of the occurrence of circumstances specified in Article 182 of the Civil Code.
Judicial Practice on Reducing Alimony
Regarding the reduction of alimony, judicial practice is based on evidence to confirm the actual grounds before the court gives consent to the reduction of such payments.
The Supreme Court Filed a Lawsuit to Reduce the Amount of Alimony
There are cases when the plaintiff appeals existing court decisions and applies to the higher court for the protection of their legal rights. Then the Supreme Court reviews the previously rendered court decisions and forms a conclusion in accordance with the provisions of the law to ensure the consistent application of legal norms by the courts.
A statement of claim for a reduction in the amount of alimony is a document sent to the court representing a requirement to protect an unrecognized or violated citizen's right. The success and speed of the case are directly influenced by a correctly prepared application for reducing the amount of alimony.
Sample Claim for Reducing Alimony
- Name of the court to which the application will be addressed, address, and index.
- Complete information about those involved in the case (name, address of residence according to registration, tax number/passport data, telephone number, and e-mail address of the plaintiff, the defendant, and a third person, i.e., the child).
- Data on the circumstances/reasons for the reduction of alimony.
- Documentation supporting the reason for the application (cheques, medical certificates, etc.).
- Date and signature of the application.
A lawsuit for reducing the amount of alimony for a child must be accepted by the court. a claim statement to reduce the amount of alimony for two children, the sample application for a reduction in the amount of alimony upon the birth of a second child must include data on all children. A visual sample of the application according to the individual situation of the citizen will be provided by their lawyer.
Court Fee
A citizen pays a court fee for the issuance of documents by the court, submission of applications to the court, and complaints. The cost of such a fee generally depends on the current (as of January 1, 2024) subsistence minimum for able-bodied persons. In the case of a claim to reduce the amount of alimony, a court fee is not charged according to the Law of Ukraine "On Court Fees," Article 5, Clause 3.
In this article, we've covered all the different aspects you need to know to reduce child support, including filing a child support reduction claim and current court fee information. As you can see, success in reducing alimony depends on many important factors.
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