The legislation of the Russian Federation unambiguously did not establish the bases on which it is possible to reduce the amount of alimony for minor children. Nevertheless, being guided by Article 119 of the Family Code of the Russian Federation, it is possible to formulate the list of situations on the basis of which reduction of the amount of alimony is possible.
Instruction
1. If you are a disabled person of I or II group and require permanent care and additional resources for the contents, by court to you the sum of the amount of alimony can be reduced.
2. If the child on whom you pay alimony reached sixteen-year age, works or is engaged in business activity, income from which completely provides his requirements, need for payment of alimony is minimized. But in this case the court will consider still the size of your earnings and family composition.
3. The amount of alimony can be reduced if you still have disabled family members whom you are obliged to provide, and they after collecting alimony from you do not receive from you means necessary for normal existence. For example, disabled parents or other minor children.
4. Besides, the amount of alimony can be reduced by court if the child on whom you pay them, to be on full state providing. For example, in orphanage or in a boarding school.
5. If you are a payer of alimony for keeping of children from different mothers, by two judgments (executive documents) which took legal effect. For example, if to you alimony for the minor child of 25% is awarded, but you already pay child maintenances from the previous marriage in the same size - 25%. According to Article 81 of the Criminal Code of the Russian Federation, on two children the total amount of alimony has to be 33% of all types of earnings, and in this case it was 50%. In such situation you have the right to file a lawsuit for decrease in the amount of alimony.
6. If you have very high income, for example, from business activity, and the sum of alimony paid by you exceeds all reasonable needs of the child. In this case by court the sum of alimony in your advantage can be reduced.
7. Remember that completely to exempt you from payment of alimony, according to the legislation of the Russian Federation, it is impossible.