Reduction of alimony

Reduction of alimony

According to the Family Code, parents are obliged to maintain a child until the child reaches the age of majority. It does not matter whether they are married or divorced. If the family relationship between the spouses ends, the one who will live separately from the child must make regular payments. But sometimes the amount becomes prohibitive for the payer. Then there is the question of reducing the amount of alimony.

How to reduce the amount of alimony

The easiest option is to agree with the payee and back it up with a notarized contract. It is better to contact a mediator for negotiations. Ex-spouses do not always maintain good relations and are able to calmly, without emotions, discuss the problem. The services of a lawyer in the pre-trial settlement of the case are irreplaceable. After all, he is able to provide legal justification for the need to reduce payments and competently conduct negotiations. Another option is available if the payer has real estate. Spouses can agree on the termination of payments if the property is transferred to the ownership of the child. The agreement must also be notarized.

Reducing the amount of alimony: case law

It is not always possible to agree on a change in payments. Therefore, claims for a reduction in the amount of alimony are filed quite often these days. The law of Ukraine provides for the possibility of reducing the amount of payments, if there are good reasons for this. An application to reduce the amount of alimony is submitted to the court at the place of registration of the payee. Alternative jurisdiction in this case works extremely rarely. If, after considering the case, the court of first instance did not satisfy the claim, it is possible to submit an application for a reduction of the amount of alimony to the Supreme Court of Ukraine. A court fee must be paid to consider an application to reduce the amount of child support. In this case, in contrast to the claim for the appointment of payments, there is no exemption from the fee. In 2023, the court fee for a claim to reduce the amount of alimony amounts to UAH 1,073.

Grounds for reducing the amount of alimony

The outcome of the case review depends on the competent and well-founded submission of materials. The reasons for the request must be specified in the claim for the reduction of the amount of alimony. The only desire to pay less is not enough.

The law clearly establishes the grounds for changing payments. These include:

Changes in health status

This refers to an illness due to which the payer can no longer work at his former job and is forced to move to another position with a lower salary. Or there is a pathology that led to disability. At the same time, additional costs for treatment arise. The exact reason for the deterioration of the state of health must be specified in the sample claim for the reduction of alimony. It must be supported by evidence (MSEK certificate, doctor's opinion or medical documents).

Reduction of alimony upon the birth of a second child

This factor is not unconditional. If a second child appeared in the new marriage, the claim can be rejected, provided that the payer's income allows for the needs of both. But the court takes into account the presence of additional costs and tries to take care of the interests of both children. Therefore, a statement of claim to reduce the amount of alimony for two children must be supported by a certificate of income.

Misuse of funds

Testimony from neighbors and acquaintances will be required that the ex-wife uses the funds received for her own needs. At the same time, leaving the child with the necessary things.

Availability of the child's own income

A child may own a property that their guardian rents out, thus providing additional income. In addition, many teenagers are developed enough to earn on their own. If the income received by the child exceeds the income of the father, the amount of alimony may be reduced.

Deterioration of material condition

Downsizing or company bankruptcy can result in a payer's loss of income. In order not to accumulate alimony debts, it is possible to reduce them. Advantages of contacting a family lawyer: