Support Modification Process | Office of the Attorney General
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If your circumstances have changed, your order may be eligible for review and modification. Here’s what to expect when you request for a modification of your child support order.
Click here to learn the steps in the modification journey
How do I request a review?
If you have an active/open child support case, you can submit an official Request for Review of your court-ordered amount.
Click here to learn about the steps in the modification journey.
Click here to complete an online modification request.
Only 1 modification request should be submitted, any additional requests can create a delay in processing.
Or click here to download, complete, and mail the "Request for Review" form to the Child Support Division.
Send the completed form to:
Office of the Attorney General Child Support Division P.O. Box 12017 Austin, TX 78711-2017
ELIGIBILITY FOR A MODIFICATION
Your child support order is eligible for modification only if one (or more) of the following is true:
The order was established/last modified more than three years ago; and
The monthly amount of the child support order differs by either (a) 20% or (b) $100 from the amount that would be awarded, according to child support guidelines.
A material and substantial change in circumstances has occurred since the child support order was last set.
WHAT IS A "MATERIAL AND SUBSTANTIAL CHANGE IN CIRCUMSTANCES"?
In relation to receiving a payment modification, this phrase applies to one of these situations:
The noncustodial parent's income has increased or decreased.
The noncustodial parent is legally responsible for additional children.
The child's (or children's) medical insurance coverage has changed.
The child (or children) are now living with a different parent.
HOW TO CHANGE A CHILD SUPPORT ORDER
There are only two ways a child support order can be changed:
An in-office negotiation — known as the Child Support Review Process (CSRP)
Informal agreements between parents do not change the court-ordered amount. That can be changed only by a court hearing or the CSRP.
COULD MY PAYMENT AMOUNT GO UP IF I REQUEST A MODIFICATION?
Yes. It is possible that the amount of child support you are ordered to pay could go up.
Modifications are based on the noncustodial parent's current income. If you are making more money now than you were when the child support order was established or last modified, the court may increase the amount of child support you are ordered to pay.
Visit the Child Support Calculator. Enter your current income to estimate what your child support payment might be.
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Florida Dept. of Revenue - Changing a Support Order
An order to pay child support can be changed (or modified) by the court or administrative agency that issued the order if the circumstances of either parent change after the order is issued. Until an order is changed, terminated or vacated, the amount ordered is owed and legally enforceable. To understand how the law applies in your situation, you should seek legal advice from a licensed attorney.
Do I Qualify for a Review of my Child Support Order?
How to Request a Change to a Support Order
Either parent with a child support case can ask the Child Support Program to review their support order to see if the order should be changed. Parents can also file a petition in circuit court to change their support order.
What Happens When You Ask the Child Support Program to Review Your Support Order
First, the parent making the request gives their financial and other information to the Child Support Program for review. Once this information is received, the Program contacts the other parent to obtain their information. The Program reviews the parents' information to determine if there is a substantial, permanent, and involuntary change, or it appears there are other legal grounds to change the order. When the Program completes the review, it mails the results to both parents.
If the Program Determines the Order Should Change
If the review shows the order should be changed, the Program may start a proceeding to change the order. The steps to change an order depend on whether the order is a court order, an administrative support order issued by the Program or if another state issued the order. To change a court order, the Program involves a Program attorney who handles the court action. To change an administrative support order, the Program starts by notifying the parents of the proceeding to change the order. Parents are entitled to a formal hearing before a court or administrative order is changed.
If the support order was issued by another state, that state may need to review and modify the order, if appropriate. If that is the case and you make the request to the Program, we will forward your request to the other state.
If the Program Determines the Order Should Not Change
If the Program determines the order should not change, we notify the parents of our decision and take no further action.
What is a Change in Circumstances?
The parent seeking to change (or modify) a support order has the burden to prove a change in circumstances. In most cases, before an order can be changed, a parent's change in circumstances must be substantial, permanent, and involuntary.
If it has been less than three years since the support order was issued, reviewed or changed, a substantial change means that the change in circumstances would cause a change in the order amount that is at least 15 percent but not less than $50. If it has been more than three years since the support order was issued, reviewed, or changed, a change in circumstances means the change would cause a change in the order amount of at least 10 percent but not less than $25.
A permanent change in circumstances depends on the specific facts of the case. In most cases, to prove a permanent change, one must show the change has lasted for six months or more. Temporary or short-term changes are not enough to prove a lasting, permanent change. For example, a loss of employment is not a permanent change if you expect to find new employment. In some cases, a parent may be able to prove a permanent change right away; for example, a severe, life-changing injury or illness or retirement at the normal retirement age.
An involuntary change, comes about through no fault of the parent, like an extended illness or employment layoff. A voluntary change is a result of the parent's own choices. A voluntary change does not meet the standard for a support order to be changed. Examples of voluntary changes include quitting a job, being terminated for reasons within the parent's control, taking a lower paying job, or engaging in criminal conduct that results in incarceration.
Note: A support order change (modification) involves applying the law to the specific facts of the case. The general principles here are only a partial statement of the law and are not legal advice. Only a licensed attorney is authorized to provide legal advice based on the specific circumstances of your case.
Either parent can file their own petition in circuit court to change (modify) a support order. You can hire a lawyer of your choosing or file your own petition and represent yourself. Other resources you may find helpful include:
Florida Courts Self-Help Page for Child Support
Find a Florida Courts Self-Help Center Near You
Florida Courts Self-Help Resources
Download the Florida Courts Help App | Google Play Store | Apple App Store
Florida Bar Legal Referral Service
how to recover, sample statement of claim, amount of payments
Usually, child support is collected as a share of the parents' income: for one child - a quarter, for two - a third, for three - half of the income .
With this approach, if one parent has a regular income, then the second one receives the same amount for children every month and can plan spending: on clothes, sections and tutors.
But if a parent is a piece-rate freelancer and gets 200,000 R one month and zero the next, it becomes difficult to predict how much money a child will receive in a given month. Therefore, the family code provides for alimony, the amount of which will not change from month to month. This is alimony in a fixed amount of money.
In the article I will tell you what it is, in what situations alimony is prescribed in a fixed amount of money, how to calculate and collect it.
What is hard money alimony
Hard money is a fixed, constant amount of alimony that does not change from month to month depending on the income of the alimony payer.
Child support can be collected as a share of official income, a fixed amount of money, or a combination of both. By law, children have the right to receive a fixed amount from their parents for maintenance so that their quality of life does not change from month to month. Therefore, alimony in a fixed amount of money is more profitable if the parent does not have a permanent income or he hides it.
How to calculate and pay child support
Also, if there are several children in the family and the child stays with each parent, child support can only be collected from a more affluent parent in a fixed amount of money.
Parents can agree on a fixed amount of child support and fix it in a notarial deed without going to court. The main thing is that the child receives no less than what is required by law. The agreement cannot be terminated unilaterally, it has the force of a writ of execution: if the debtor stops paying, the money under such a document can be forcibly recovered. I will tell you more about how to draw up an alimony agreement in a fixed amount of money below.
ch. 16 SK RF
You can also ask for a fixed amount of alimony in court, if there are grounds. For example:
the second parent has a variable income;
the other parent receives income in foreign currency or in kind;
the second parent has no official sources of income;
it is impossible, difficult, or it significantly violates the rights of children to collect alimony in a share. For example, if the official salary of the second parent is equal to the regional minimum wage, and he receives the rest in an envelope.
st. 83 SK RF
In addition to children, other needy family members can claim child support in their favor. And only in hard cash. Disabled brothers and sisters, grandparents, and grandchildren have this right. Even with stepchildren, stepfathers and stepmothers - if there are no closer wealthy relatives.
How to apply for child support
Legal framework. All maintenance issues are regulated by the family code - section 5 of the RF IC is devoted to this.
Chapter 13 of the RF IC defines the conditions for the collection of alimony from parents to children - both in shares and in a fixed amount - and from children to parents.
Chapter 14 of the RF IC establishes the conditions for collecting alimony in favor of spouses and former spouses. As a general rule, spouses should help each other. And the former spouse can count on help if he is raising a common child or if he has become disabled.
Chapter 15 of the RF IC is devoted to the issues of alimony to grandparents, brothers, sisters and other relatives.
When the court determines the amount of alimony, it is guided by Chapter 17 of the RF IC. And if relatives agree on alimony without a court - in a notarial agreement, then they should be guided by Chapter 16 of the RF IC: it is devoted to the conclusion, amendment and termination of alimony agreements.
Pros and cons of alimony in a fixed amount of money
There are no pluses or minuses in a fixed amount of alimony for relatives other than children: this is the only possible option.
But child support in a fixed amount of money can sometimes be more profitable, because it guarantees stability: if the parent who pays them earns less than usual in some month, the child will not suffer. This ensures that the child will maintain a normal standard of living in any case.
We told the story of a pilot who wanted to reduce child support for his eldest son. It was about the share of alimony, but it was not possible to reduce them: the mother and her lawyer argued that this would change the child's habitual lifestyle.
It is also more convenient to calculate alimony in a fixed amount of money. For example, when a child stays with each of the parents, but one of the parents is better off.
There is only one minus: if the parent who pays alimony starts earning more, and the other parent does not find out about this and does not demand an increase in the amount of alimony in court, then the child will receive less than he could. However, a loving parent, if he has more opportunities, will offer to pay for the child, for example, additional classes or a trip abroad.
What the other parent of the child owes you
Grounds for assigning alimony in a fixed amount of money
Fixed child support the court appoints to ensure a stable quality of life for the child. As I wrote above, this is relevant when a parent has an irregular, changing income, or he receives it in kind or in foreign currency, or he does not have it at all. For example, such alimony is often collected from entrepreneurs.
para. 6 paragraph 3 of section 3 of the review of judicial practice in cases of recovery of child supportPDF, 409 KB
Alimony payments to a child with a disability after 18 years are provided if he is unable to work. The Plenum of the Armed Forces of the Russian Federation considers disabled children with any group of disabilities. If children simply cannot find work without education or are busy studying, then they are not considered disabled.
item 7, para. 2 p. 38 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 56PDF, 451 KB
Mother and father have equal obligations to support a child with a disability. If the parents and the disabled child do not agree among themselves on the amount of alimony, they will be determined by the court, taking into account the financial and marital status of the child, each of the parents and other noteworthy circumstances. At the same time, the court always assigns 90,021 alimony for adult disabled children in a fixed amount of money.
st. 85 SK RF
If an adult with a disability is not recognized as incompetent, then he independently applies to the court. If recognized, the guardian applies to the court.
The court takes into account how much the applicant with a disability needs to meet his needs and deducts the state pension from this amount. The court also finds out what other relatives can support him: for example, whether he has a spouse.
“The child must not be separated from the mother”: 10 questions to the lawyer about the rights of parents in a divorce benefit of other relatives, loans, penalties under executive documents. All of these factors will affect the amount that the court will charge. Maybe the court will generally decide that the pension from the state is enough.
For the maintenance of the spouse , maintenance is always assigned in a fixed amount of money.
Art. 90 SK RF
The following can claim maintenance for themselves:
wife during pregnancy and up to the third anniversary of a common child;
the father of a child under three years of age, if he sits with him, and the mother has retired from education;
a needy spouse who cares for a common child with a disability up to 18 years of age or a child with a disability from childhood of the first group, regardless of age;
disabled needy ex-spouse.
paragraph 44 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 No. 56PDF, 351 KB
According to the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 No. 56, spouses and former spouses are considered disabled if they have any disability group. Or if they have reached retirement or pre-retirement age - 55 years for women and 60 years for men.
So what? 03/22/19
Alimony for pre-pensioners: who will pay and how to get
A disabled spouse is entitled to apply for maintenance after a divorce if he/she:
received a disability before the divorce or within a year after it;
reached retirement age within 5 years of divorce if the marriage was long-term. How long - the family code does not say. So, in each case, it will be up to the court to decide.
At the same time, according to the Supreme Court of the Russian Federation, the former spouse will be entitled to alimony not only if he registered a disability during the marriage, but also if he received a disability earlier. This means that marriage to a person with a disability or a pensioner is a potential risk that in the event of a divorce, you will have to pay alimony. Although if the marriage was short, then the court may refuse to collect alimony.
paragraph 45 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 56PDF, 351 KB
Payment of alimony to parents from children is possible if the parents:
are not deprived of parental rights.
Fulfilled their parental duties, including financial support for their children.
They need extra money, which they have nowhere else to get, and children can help them financially.
st. 87 SK RF
If the children can prove that the parents once evaded parental responsibilities, the court may refuse to recover child support. But he may not refuse - in such disputes, the question of the amount is more important. For example, if the father demands 20,000 R per month, and the son asks to dismiss the claim because the father disappeared immediately after his birth, then the court may not refuse the claim completely, but collect only 500 or 1000 R per month.
What to do? 12.04.19
Can biological parents get maintenance from their children?
The court also takes into account the material needs and capabilities of the parent: whether he receives a state pension and other payments, whether he needs housing and expensive treatment or care, whether he has a spouse and other children who are obliged to help, how much money he needs and how much he already receives from other sources.
In the same way, the court takes into account the financial and family situation of children: how much money an adult child has after paying off loans, enforcement orders, paying alimony, is this amount enough for all members of his family.
What to do if the children do not help: 5 court cases of child support
If the child being sued has brothers or sisters, the court may not consider their financial situation, but divide the amount needed by the parent, taking into account all the children.
For example, Nikolai Stepanovich has four children, and he only demands money from Masha's daughter. If he lacks 5,000 R per month for treatment, then the court has the right to recover only 1,250 R per month from Masha. At the same time, he does not have the obligation to divide the amount of alimony for all children.
How to calculate maintenance in a fixed amount
The relative who applies for maintenance must justify its amount, and the court must assess whether the plaintiff really needs such an amount and whether the defendant can pay that much. That is, the court always starts from the requested amount - it does not come up with it itself. If the plaintiff does not indicate the amount of alimony in his claims, the claim will not even be considered.
The main task in calculating child support in a fixed amount of money is to maintain the child's previous standard of living to the maximum. Here are the circumstances the court draws attention to:
How the child was provided for while the parents were married or while the other parent paid child support voluntarily.
Does the child go to a music or art school, in sports and dance sections, in other additional development institutions - and how much does it all cost.
How much does a parent living separately earn and what kind of property does he have, through which he can provide for children: real estate, vehicles, bank deposits.
Whether the second parent provides for other relatives.
Review of judicial practice in cases of recovery of child support PDF, 409 KB
At the same time, child support can be collected simultaneously in shares and in a fixed amount if the parent’s salary is small and he has additional sources of income.
For example, Ivan's salary is 40,000 R, but he earns another 60,000 R as a freelancer. His only child, Pasha, has asthma and needs money for treatment. The court may assign alimony in the amount of 25% of the salary and another 10,000 R on top - for treatment-related expenses.
In this way, two principles are observed: a son will always have money for treatment, regardless of his father’s income, but, like children from a complete family, he can receive a different amount for education, food and clothing, depending on whether his father will work.
Alimony for adults is collected only as assistance, and not as full maintenance. Therefore, when the court calculates their amount, it takes into account whether the alimony recipient has housing and other property. As well as money from other sources - scholarships, pensions, benefits. The court also takes into account whether the alimony payer has other relatives whom he supports, obligations under loans and court decisions.
An adult who applies for support will have to prove the amount of necessary expenses not covered by the state. That is, that he really needs additional treatment, nutrition and care. At the same time, the court may not recover the entire requested amount - it depends on the capabilities of the alimony payer.
For example, a parent is seriously ill. He needs 60,000 R per month for a nurse and medicines, while his pension is only 20,000 R. All expenses are supported by medical documents. But if a child earns only 30,000 R and keeps his children and wife on maternity leave, then he will definitely not be charged the entire amount the parent needs.
How to draw up an agreement on alimony in a fixed amount of money
An agreement on the payment of alimony in a fixed amount can be concluded by any relative. But if it is about alimony for children, then in their interests it is signed by a parent, guardian or other legal representative. In the same way, if an incompetent person receives alimony, then the guardian signs the agreement instead.
Any agreement on the payment of alimony is concluded in writing and certified by a notary - no matter how the parties agreed to pay them: in shares or a fixed sum of money.
Art. 100 SK RF
As a rule, an agreement is concluded if there is no dispute between relatives about the amount of alimony. This is faster than going to court, but more expensive: you will have to pay a state fee and pay for notary services. State duty for certifying an agreement on the payment of alimony - 250 R.
paragraphs. 9 p. 1 art. 333.24 Tax Code of the Russian Federation
All documents that are subject to certification are drawn up in the notary's office for a fee - this is called legal and technical services. Most likely, it will not work to come with a ready document and not pay for the services of a notary - we wrote about this in another article.
The cost of legal and technical services varies by region. For example, in 2022 in Moscow, the service for drawing up an agreement on the payment of alimony costs 8000 RUR, and in the Orenburg region - 6400 RUR. This means that if a relative stops paying under an agreement, then it is enough to take the agreement to the bailiffs so that they begin to collect money forcibly.
A notarial agreement can be challenged in court if it violates someone's rights.
Rights when receiving alimony
For example, parents from the Nizhny Novgorod region entered into an agreement that a father would pay alimony for two sons. Later, the sons moved in with their dad: one turned 18, and the place of residence of the second with dad was officially determined by the court.
The mother went with an agreement to the bailiffs to collect money in her favor, as if her sons were still living with her. The father asked the court to invalidate the agreement, and the court agreed with him.
How to collect alimony in a fixed amount of money through the court
Until October 1, 2019, justices of the peace dealt with disputes about the recovery of alimony. Now they only issue court orders for the recovery of child support for minor children as a share of income. Therefore, , for a decision on the recovery of alimony in a fixed amount of money, you must apply to the district or city court at the place of residence of the plaintiff or defendant. Which court to go to is chosen by the one who applies for alimony.
Art. 23, Art. 29 Code of Civil Procedure of the Russian Federation
Contents of the statement of claim. In the lawsuit, you need to explain how much and why you want to receive from your relative and how you can prove that the relative can pay such an amount, that is, justify your position in detail. But, judging by practice, this can not be done if we are talking about alimony for a minor child in the amount of the subsistence minimum.
Art. 131 Code of Civil Procedure of the Russian Federation
Sample claim for the recovery of alimony
When applying to the court, you need to provide detailed information about who you are making demands on so that money is not debited by mistake from the debtor's namesake. In addition to the defendant's address, it is worth indicating:
his date and place of birth;
place of work;
details of any document - passport, TIN, SNILS, driver's license, vehicle registration certificate.
If you don’t know any of this, don’t worry: the court will independently request information about the relative.
This is a claim for child support. You can use it as a sample
Documents. A document is attached to the copy of the statement of claim for the court, which confirms the sending of a copy of the claim to the defendant. Usually this is a notice of delivery of a registered letter signed by the defendant. Or the defendant can sign a copy of the claim. The court is obliged to send the defendant only subpoenas and judicial acts.
Art. 132 Code of Civil Procedure of the Russian Federation
It is also necessary to confirm the family relationship between the one who wants to receive alimony and the one from whom they are being collected, because alimony is an obligation of a family law nature. Suitable for this:
birth certificate of the child, if maintenance is collected from a parent or, conversely, from an adult child for the maintenance of a needy parent;
marriage certificate, if alimony is collected from the spouse;
certificate of divorce, if alimony is collected from the former spouse.
The requested amount of alimony can be confirmed:
checks for the purchase of clothes, shoes, food and other essential expenses;
receipts or checks for payment for kindergarten, private school, sections;
receipts or checks for payment for medicines and medical procedures prescribed by a doctor.
Alimony through the eyes of statistics
An adult disabled person can confirm the need for alimony:
with a certificate from the PFR stating that he does not have enough pension points for labor pension and/or age for social pension;
a certificate of disability due to a serious illness that requires outside care and expensive medicines that the state does not provide;
a certificate from the employment center stating that a person cannot be registered as unemployed.
Documents on expenses can be anything. But if a pensioner or a person with a disability already receives a pension from the state in the amount of more than the regional subsistence minimum for pensioners, then in order to assign alimony, the costs must be special. For example, paying for a nurse or rented housing if you don’t have your own, and you can’t live with relatives.
Documents on the property of the defendant can also be attached to the claim, if the plaintiff has them. If not, the plaintiff may file a motion for the court to request documents from the defendant, his employer, Rosreestr or the traffic police.
Art. 57 Code of Civil Procedure of the Russian Federation
If it turns out that the defendant has several apartments and cars, then it can be assumed that he has a stable financial situation and can pay alimony. The defendant's high position can be confirmed, for example, by a printout from the company's website, where the management team is indicated. And if the defendant is the head or participant of the LLC, then with information from the Unified State Register of Legal Entities from the website of the Federal Tax Service.
If you need to receive alimony for the period before going to court, you will have to prove that you have already tried to receive alimony out of court before.
Art. 107 SK RF
section 6 of the review of judicial practice in cases of recovery of child supportPDF, 125 KB
Evidence can be registered letters with notifications, emails, canceled court orders for the recovery of child support, documents from law enforcement agencies on the search for the defendant. And the defendant himself can recognize the claim for the recovery of alimony for past periods.
The amount of state duty for filing a claim for the recovery of alimony is 0 R, that is, the plaintiff does not need to pay it. But if the court satisfies the demand for the recovery of alimony, then the state duty will be recovered from the defendant. Then its size is 150 R.
paras. 14 p. 1 art. 333.19
paras. 2 p. 1 art. 333.36 Tax Code of the Russian Federation
art. 154 Code of Civil Procedure of the Russian Federation
Deadlines for consideration of the application. The judge must consider the dispute on the recovery of alimony within a month from the date the claim was received by the court.
These are official dates. They can be influenced by various circumstances. For example, bodies or organizations from which the court has requested information and documents may not provide them on time.
Or if the defendant is already paying alimony to someone, then these people will be involved in the lawsuit as third parties who do not make independent claims. So they are informed that the defendant, after the trial, will be obliged to pay alimony to someone else.
Art. 43 Code of Civil Procedure of the Russian Federation
It is not necessary for third parties to come to court, but if they decide to attend, this may delay the consideration of the case. For example, if the court asks them for some documents
Grounds for refusal of alimony in a fixed amount of money
If the child is already an adult and capable , the court will refuse to collect alimony from the parent.
For example, in 2018 in the Krasnodar Territory, a guardian grandmother demanded that her granddaughter's father reimburse the expenses of his daughter's paid higher education. The courts of first instance and appeals decided that the father deprived of parental rights and the guardian-grandmother, who replaces the mother, bear equal obligations to support the daughter. Therefore, 50% of the tuition fee was collected from the father for the first semester paid by the grandmother, and for the next 5 years of study.
The father complained to the Supreme Court of the Russian Federation, and he canceled the judicial acts for two reasons:
At the time of filing the claim, the daughter was already 18 years old, that is, the right of the grandmother to act in the interests of her granddaughter as a guardian ceased.
The Family Code does not require parents to pay for adult children's education, and the court can force parents to help adult children only in exceptional circumstances, such as if they are seriously ill.
Is it possible to renounce paternity in order not to pay alimony?
Once I tried to collect alimony from my father in favor of the adult Elvira, who was a full-time student at a college on a commercial basis. We did not make the first mistake of the grandmother from the story above and filed a lawsuit from the daughter to the father. But the outcome of the case was the same: we went to the Supreme Court and received a decision to dismiss the claim due to the fact that the father is not obliged to help an adult daughter without a disability.
Until 2017, in such disputes, judges sometimes used the term from the law "On Labor Pensions in the Russian Federation" that full-time students up to 23 years of age are considered disabled, and collected alimony in their favor. Some of these decisions were even enforced, perhaps because of the unwillingness of parents to appeal against them and sue their own children.
For example, in Krasnodar in 2014, a father asked to be released from paying alimony in favor of his adult son, who is studying at the university. The father pointed out that his son did not have a disability and had a scholarship. But the justice of the peace, and then the district court, which considered the appeal, decided that the father should pay his son 1 minimum wage monthly until the age of 23 or until graduation. The judges considered that the father works and can find additional income, so he must help his son.
But in 2017, the Supreme Court explicitly clarified that full-time, able-bodied adults are not entitled to child support from their parents.
paragraph 38 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 56PDF, 351 KB
If the amount of alimony is established by the current agreement , the court will not recover them. If the agreement is not fulfilled, first you need to send a claim to the one who promised to pay alimony. If you do not set a deadline for responding to a claim and it is not set by the agreement, you need to wait 30 days for a response.
Art. 101 SK RF
Art. 452 of the Civil Code of the Russian Federation
If this does not help, you can go to court at the same time for termination of the agreement and recovery of alimony. You can also ask that the agreement be declared invalid. For example, if it infringes on the rights of children and according to it, alimony is less than according to the law.
If the marriage was short, the other spouse behaved unworthily or became disabled due to his own fault - due to alcohol or chemical addiction or the commission of an intentional crime, the court will not collect alimony in favor of the spouse or former spouse. At the same time, even if the marriage was short, but the wife received a disability due to a difficult birth, this does not deprive her of the right to alimony.
Art. 92 RF IC
paragraph 10 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 56PDF, 351 KB
refuses alimony in a fixed sum of money. In this case, alimony will be collected in a share, and not in a fixed amount.
paragraph 3 of section 3 of the review of judicial practice in cases of recovery of child supportPDF, 351 KB
Changing the amount of alimony
You can change the amount of alimony determined by the court if the financial or family situation of the person who receives or pays alimony has changed. At the same time, the situation for the alimony payer should not only change, but also not allow paying alimony in the same amount. For example, if he received a disability or lost his job.
Art. 119 SK RF
If an adult capable recipient of alimony has committed a crime against the alimony payer, then the court has the right to refuse to collect alimony. The court has the same right if the alimony recipient abuses alcohol or drugs, psychotropic substances or gambling.
If the alimony payer wants to change their amount, he must apply to the court at the place of residence of the alimony recipient - in this case, he does not have the right to choose the court.
He must also pay a state duty from the amount that he saves in a year if the court satisfies his requirements. At the same time, even if you need to pay alimony for another 10 years, they consider the amount for only one year. But if you only need to pay child support for six months, then they calculate the amount for 6 months - for the remaining time.
p. 6, 7 Art. 91 Code of Civil Procedure of the Russian Federation
paragraphs. 1 p. 1 art. 333.19 TC RF
Let's imagine that by a previous court decision, alimony of 20,000 R per month was collected from a parent, and he wants to pay only 15,000 R. It turns out that the parent wants to sue the right not to pay 60,000 R per year: (20,000 R −15 000 R) × 12 months.
The state duty will be 2000 R: (60,000 R - 20,000 R) × 3% + 800 R.
Or another option. Alimony was collected from an adult child in favor of the parent - 10,000 R per month, but he does not want to pay at all. For the calculation of the state duty, it does not matter whether the child has reasons to refuse obligations.
He has to pay 120,000 R per year: 10,000 R x 12 months. And the state duty in this case will be 3600 R: (120,000 R - 100,000 R) × 2% + 3200 R.
The grounds for increasing the amount of alimony is a change in the financial situation of the payer and recipient of alimony.
A parent with whom children remain may ask for an increase in the amount of support if the payer is no longer required to support other children. For example, because they have become adults. Also, one parent can ask for an increase in alimony if the other has begun to earn more, and the common grown-up children have more material needs.
For example, a mother from the Oryol region asked to increase the amount of alimony for her son from half to one and a half living wages for children. She referred to the fact that the eldest son of her child's father had become of age and that he was no longer being charged alimony.
The court found the argument justified, but increased the amount of alimony to one living wage established in the region, with subsequent indexation.
In addition to income share support, the parent with whom the children live may ask the other parent to contribute to other expenses for the children. For example, if a child is seriously ill or seriously injured and now needs expensive medical care, the parent can be asked to cover some of the unexpected expenses. Or if the mother went on maternity leave with the second child of the same father and now cannot pay for rented housing, the court has the right to award the cost of renting housing in favor of the mother.
Art. 86 SK RF
An elderly relative has the right to ask the court to increase alimony if his health has deteriorated sharply.
Grounds for reducing the amount of alimony
For example, a maintenance payer has the right to ask the court to reduce their amount if he or a member of his family whom he is obliged to support has received a disability. Or if the alimony recipient started working or became an entrepreneur. These facts themselves are not an unconditional reason to reduce alimony, but if disability prevents you from maintaining your previous job and entails high treatment costs, and the alimony recipient's income is constant and substantial, then the court may reduce alimony.
The only reason I had to reduce child support through the courts was the birth of new children with my father. Usually reduce the share of income that is alimony. But if alimony is initially fixed, then new children worsen the financial situation of the father and his ability to help older children.
How to find out child support arrears
At the same time, the Supreme Court, in section 8 of the review of judicial practice, indicates that due to the appearance of new children, child support is not always reduced. For example, if the younger child lives with both parents, the father began to earn more, and the mother of the older child still earns significantly less, then the amount of alimony can be kept.
Also the court will refuse to reduce the amount of child support if it is already less than the subsistence minimum for children in this region , even if the parent brings a certificate of a tiny salary. Courts usually justify such a refusal by the fact that the parent has no evidence that he cannot earn more due to disability or illness.
In a review of judicial practice on the recovery of child support, the Supreme Court noted that if the child support payer asks to reduce their amount, referring to obligations to other relatives, then it matters whether they have other sources of income. That is, for a fictitious reason, it is difficult to reduce alimony.
section 8 of the review of judicial practice in cases of recovery of child supportPDF, 409 KB
Registration of a change in the amount of alimony. If the alimony was collected by the court, their amount can also be changed only by the court in a new decision. Based on this new decision, the needy relative receives a writ of execution.
If the relatives agreed on the initial amount of alimony in an agreement with a notary, then the new amount of alimony can also be agreed there. Either terminate the notarial agreement through the court or declare it invalid, so that the court will establish the new amount of alimony.
I find it cheaper to determine and change child support through the courts than by agreement. When applying to the court for alimony, you do not need to pay a state duty - it will be paid by the defendant, and it is much less than the cost of notary services.
How to change the form of alimony
You can change the form of alimony only if they are collected from parents for minor children. The basis for changing the form of alimony is a change in the circumstances due to which such a form was chosen.
From interest to hard cash. If the alimony was collected by court order in shares of earnings, and it is not official, then in the interests of the children, you need to file a claim for the recovery of a fixed amount. The lawsuit will protect the rights of children if the parent provides documents with a greatly underestimated amount of income.
The procedure for substantiating claims is the same as in the case if alimony has not been collected before: you need to prove the needs of the child and the capabilities of the parents.
How to collect alimony through the court
With a fixed amount of money in interest. The court orders fixed child support if there is a reason for this, such as an unsustainable level of parental income. Therefore, you can change the form of alimony if the reason disappears. That is, if the alimony payer finds a permanent job and passes the probationary period, he or the alimony recipient will be able to ask for the replacement of a fixed amount of money with alimony in shares of the salary.
How maintenance is indexed in a fixed amount of money
If the parties to the maintenance obligation have entered into an agreement on the payment of maintenance, they themselves can agree in it how the amount of payments will change over time and what it will depend on.
Art. 105, art. 117 SK RF
If the alimony in a fixed amount of money is collected by the court, then the judge sets their amount as a multiple of the regional subsistence minimum for the category of the population to which the alimony recipient belongs.
Therefore, when the cost of living rises, the bailiff or the employer transferring alimony will also have to index the amount of alimony. Additionally, you do not need to go to court for indexing.
When the payment of alimony in a fixed amount of money stops
The payer no longer has to pay alimony from the moment when:
the child becomes an adult or emancipated;
a former spouse who receives alimony remarried;
child support recipient died;
a minor child was adopted or adopted;
an adult maintenance recipient has ceased to need support or has restored his ability to work, and this has been recognized by the court.
st. 120 SK RF
If a child began to live with a parent whom the court ordered to pay alimony, then you can’t stop paying just like that. Although this would be logical, it is fraught with the formation of debt. You need to apply to the court with a claim for exemption from the payment of alimony and debt on them.
clause 36 of Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 56PDF, 351 KB
Art. 5.35.1 Administrative Code of the Russian Federation
Art. 157 of the Criminal Code of the Russian Federation
What is the result
Alimony in a fixed amount of money is collected in favor of adult relatives. And if the parents do not have a permanent income, then in favor of minor children.
In order to receive child support, you must prove that the child support recipient's important expenses exceed their income. If these are alimony for minor children, then it is necessary to prove the amount of expenses only if they exceed the subsistence level and the share of the parents' income set by law.
People from whom alimony is demanded must be able to pay this alimony. Therefore, when calculating the amount, their income, the presence of other dependents, their own needs for treatment and credit obligations are taken into account.
The amount of alimony is indexed as the regional subsistence minimum increases and may change if the material and family circumstances of the alimony payer and recipient change.
An agreement on the payment of alimony can be concluded at a notary - without a trial. It's faster, but more expensive.
up to what age they pay, how much percentage of income they can withhold, and what documents are needed to apply for alimony
1. Who can apply for child support?
Alimony is maintenance that minor, disabled and/or needy family members are entitled to receive from their relatives and spouses, including former ones.
A child can count on alimony:
if he is under 18 years old and has not yet become fully capable by decision of the guardianship or court. Alimony in favor of a child may be filed by his guardian, custodian, adoptive or natural parent with whom the child remains;
if he is over 18 years old, but has been declared legally incompetent.
One of the spouses can count on alimony if:
he is in need and recognized Disabled adults entitled to alimony are considered disabled people of I, II, III groups and persons who have reached pre-retirement age (55 years for women and 60 years for men) or the generally established retirement age. ;
a spouse, including a former one, needs and cares for a common disabled child under 18 years of age or a child disabled since childhood of group I;
ex-spouse Persons in need are those whose financial situation is insufficient to meet the needs of life, taking into account their age, health status and other circumstances. marriage or within five years thereafter, and the spouses have been married for a long time.0038
Also, alimony can be received by:
disabled and needy parents, including stepfather and stepmother, from their adult able-bodied children. This rule does not apply to guardians, trustees and adoptive parents;
disabled and needy grandparents - from their adult able-bodied grandchildren, if they cannot receive maintenance from their children or spouse, including the former;
minor grandchildren - from their grandparents, who have sufficient funds for this, if they cannot receive alimony from their parents. After the age of majority, grandchildren can count on alimony if they are recognized as disabled and they cannot receive assistance from their parents or spouses, including former ones;
incapacitated persons under 18 years of age - from their adult and able-bodied brothers and sisters, if they cannot receive them from their parents, and incapacitated persons over 18 years of age - if they cannot receive alimony from their children;
disabled and needy persons who raised and supported a child for more than five years - from their pupils who have become adults, if they cannot receive maintenance from their adult able-bodied children or spouses, including former ones. This rule does not apply to guardians, trustees and adoptive parents;
social service organizations, educational, medical or similar organizations that support a child may apply for child support. In this case, alimony can be collected only from the parents, but not from other family members. Organizations can place the funds received in the bank at interest and withhold half of the income received for the maintenance of children.
2.How to apply for child support?
If there is no agreement between the parties on the payment of alimony or the other party refuses to pay them, apply to the court at the place of your residence:
to the justice of the peace, if the recovery of alimony is not related to the establishment, contestation of paternity or motherhood, or the involvement of other interested persons;
to the district court - in all other cases.
If one of the parents voluntarily pays child support without a notarized agreement, the court can still collect support from him in favor of the child.
You can file for child support at any time as long as you or the person you represent are eligible.
The plaintiff does not pay state duty for consideration of the case on recovery of alimony in court.
3. What documents are needed to apply for child support?
The statement of claim for the payment of alimony must be accompanied by:
copies of it - one for the judge, the defendant and each of the third parties involved;
documents confirming the circumstances that allow you to apply for alimony. Such documents, for example, may be a birth certificate of a child, a certificate of marriage or its dissolution;
single housing document and certificates of income of all family members;
calculation of the amount you expect to receive as alimony. The document must be signed by the plaintiff or his representative with a copy for each of the defendants and involved third parties;
if the claim will not be filed by the plaintiff himself, additionally attach a power of attorney or other document confirming the authority of the person who will represent his interests, for example, a birth certificate.
As a rule, maintenance is ordered from the moment the application is submitted to the court. They can be accrued for the previous period (but not more than three years before the day of going to court) if you provide evidence in court that you tried to contact the other party and agree or the defendant hides his income or evades paying alimony. Such evidence can be letters sent by e-mail, telegrams or registered letters with notification.
4. What is the amount of alimony?
The court determines the amount of alimony based on the financial situation of both parties. Alimony for the maintenance of minor children, as a rule, is:
per child - a quarter of income;
for two children - a third of the income;
three or more children - half of the income.
These shares can be reduced or increased taking into account the financial and marital status of the parties and other important ones, including the presence of other minor and / or disabled adult children, or other persons whom he is obliged by law to support; low income, health or disability of the support payer or the child in whose favor they are collected.
"> factors. When determining the amount of alimony, the court seeks to maintain the level of financial support that the child had before the divorce or separation of the parents. If children remain with each of the parents, the court determines the amount of alimony in favor of the less well-off of them.
In addition to the share income, the court may order child support or a portion of it in the form of a certain amount of money.As a rule, such measures are resorted to when the defendant hides part of his income and a share of his official income cannot provide the child with the standard of living that he had.
Under exceptional circumstances - illness, disability of the child, lack of suitable housing for permanent residence, etc. - the court may oblige one or both parents to additional expenses.
The amount of alimony is indexed in proportion to the growth of the subsistence minimum (for the population group to which the recipient belongs).
As a general rule, maintenance withheld from the debtor's income for the maintenance of a minor child cannot exceed 70% of his income. In other cases - 50% of income.
Who can not pay child support?
Parents are required to support their children after birth and until the age of 18, unless the child gets married earlier or there is no Emancipation - declaring a minor fully capable. It is possible if a minor who has reached the age of 16 works under an employment contract (including under a contract) or, with the consent of his parents (adoptive parents, guardian), is engaged in entrepreneurial activities. The decision on the emancipation of a minor is taken by the guardianship and guardianship authorities with the consent of the parents (adoptive parents, guardian). If there is no consent from the parents, the decision on emancipation can be made by the court.
"> emancipated. Parents must support the child, even if he does not need material assistance. Disability of parents, recognition of their incapacity in court or deprivation of parental rights also does not release from this obligation.