Publication date: 05.06.2024
Reducing Child Support: Legal Ways to Change Payments
Introduction
Alimony is a regular monetary payment that one person (usually a parent) must pay to support another person (usually a child). However, life circumstances can change, and the amount of alimony payments established earlier can become an overwhelming burden for the payer. In such cases, the legislation provides for the possibility of reducing the amount of alimony. This article will consider the main aspects and the procedure for changing the amount of alimony payments.
Prerequisites for reducing alimony
According to the legislation, the amount of alimony can be reduced in the presence of the following circumstances:
-A significant change in the financial or family status of the alimony payer. For example, job loss, long-term illness, birth of other children, etc.
-A significant change in the needs of the child for whom alimony has been established. For example, coming of age, employment of a child, improvement of his financial situation.
- Presence of other circumstances that significantly affect the amount of alimony.
The procedure for reducing alimony
- Submitting an application. The payer of alimony must apply to the court for a change in the amount of alimony. Documents confirming the existence of grounds for reduction are attached to the application.
- Consideration of the case. The court summons both parties (the payer and the recipient of alimony) to a meeting to clarify the circumstances. The parties have the right to provide evidence to support their position.
-Making a decision. Based on the results of the review, the court makes a decision to change the amount of alimony or leave the previous decision unchanged.The court's decision is binding.
Features of alimony reduction
- The statute of limitations. An application for alimony reduction can be submitted no earlier than one year after the preliminary determination of their amount.
-The amount of reduction. The court can reduce the amount of alimony, but not below the minimum amount established by law.
-Retroactivity. The court's decision to reduce alimony is retroactive and applies starting from the day the application is submitted.
Alternative methods of changing alimony
In addition to going to court, there are other options for changing the amount of alimony:
- Voluntary agreement. The payer and recipient of alimony can enter into a new agreement on the amount of alimony payments.
- Recalculation of alimony. If the amount of alimony is determined in a fixed amount, it can be recalculated according to the change in the subsistence minimum.
- Termination of alimony. In some cases, for example, after the child reaches the age of majority or is adopted, alimony can be completely stopped.
Conclusion
Reducing the amount of alimony can be a solution to the payer's financial difficulties, especially if there is a significant change in his financial situation or the recipient's needs. However, this process must take place in full compliance with the legislation, with respect for the rights and interests of all parties. Legal assistance in such matters is very important to avoid mistakes and ensure a reasonable and legal reduction of alimony payments.
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