INCREASE IN ALIMONY ✅ FAMILY ✅ SERVICES

Oral consultation to determine whether the service is available or not. If the service is available, a contract is concluded with the lawyer for further review of the documents.

If it is not possible to provide the service, the cost of the stage is included in the cost of consultation and is not reimbursed.

The lawyer describes the circumstances of the case, makes a legal and regulatory justification, analyzes the court practice and writes the claim, and, if necessary, drafts the lawyer’s requests.

The lawyer sends the claim to the court, supervises the court process and represents the client’s interests in the court during the consideration of the case.

Let us know what you did not like, we are working on improving our service every day!

Increase in the amount of alimony

Child support can be provided on a voluntary basis or by court order. In both cases, their amount is set as a share of income or in a fixed amount. But over time, it may turn out that the funds received are not enough to provide proper conditions for the child. Or there are circumstances that require an increase in costs. For such cases, the law on increasing the amount of alimony is provided. Article 192 of the Family Code provides an opportunity to change the amount of payments.

How the amount of alimony increases

Payments can be changed only by a court decision. For this, the partner with whom the child lives must file a claim for an increase in the amount of alimony. According to the general rules, the court cannot cancel the decision it made earlier. But it is precisely in the case of alimony that the law allows to deviate from the rule. The principle of alternative jurisdiction applies to applications to increase the amount of alimony. That is, you can file a lawsuit in court at the place of residence or permanent residence of both the plaintiff and the defendant.

Grounds for increasing the amount of alimony

It should not be assumed that the amount of alimony can be increased at one's own will or due to the fact that the set amount has ceased to suit the recipient. The law provides that in situations where payments are made in a fixed amount, it must be indexed. The increase in alimony as a percentage of income is indexed automatically. There must be good reasons for other increases in payments. The court takes into account the interests of the child, but at the same time carefully considers all the circumstances of the case.

The following grounds are taken into account:

● change in the child's health and life circumstances;

● the payer has other children;

● the state of health of the payer and recipient;

● presence of the payer or recipient of disabled parents, children, husband, wife;

● proven large expenses of the payer (purchase of real estate or other property, the cost of which exceeds ten subsistence minimums) provided that he cannot prove the source of the funds;

● the presence of immovable property, significant funds in accounts, copyright or corporate rights in the property of the payer.

Other significant circumstances will also be taken into account.

Evidence for increasing alimony

A lawsuit to increase the amount of alimony requires that the recipient has evidence of a change in the payer's financial condition. That is, it will be necessary to prove the need to increase payments with certificates and other papers. Collecting them is not always easy. How to file a lawsuit. In order not to waste time and effort on useless proceedings, it is better to contact a lawyer immediately. The specialist will objectively assess the situation and undertake the preparation of all necessary documents.

The following can be used as evidence of a change in the financial status of the payer or recipient:

● certificates of income;

● credit contracts;

● medical papers;

● receipts for payment from educational institutions;

● certificates on maintenance of disabled relatives;

● doctor's conclusion.

If we are talking about an increase in payments due to the deterioration of the child's health, it is worth considering the option of collecting additional payments. This case is governed by Article 185 of the Family Code. It provides that the payer of alimony and the recipient of alimony must participate in additional expenses for the child. These include treatment, development, and training. Evidence in such cases can be medical certificates, doctors' appointments, receipts from school or kindergarten, specialists' opinions. In any case, there must be an evidence base. The more carefully it is collected, the more likely it is that the court will approve the claim. It is necessary to justify not only the reason for submitting an application for an increase in alimony, but also the requested amounts.

Advantages of contacting a lawyer:

● no need to make efforts to collect documents;

● there is no need to understand the nuances of legislation;

● there are no risks of rejection of the claim due to drafting errors;

● significant reduction in time for case consideration;

● increasing the chances of increasing payouts.

With our specialists, you do not need to worry about court hearings or preparing a lawsuit. Experienced lawyer on family matters will take care of all the hassles of your case. Including representation of interests in court. Moreover, the specialist will help with conducting pre-trial negotiations. They are often the ones that make it possible to avoid court, when the parties agree on a voluntary increase in payments. But only on the condition that legal justifications are provided and the right negotiation technology is used.