IS IT POSSIBLE TO REDUCE THE SUPPORT AMOUNT?

For the alimony claimant, the most interesting thing is how to get alimony and how to increase their amount. And the debtor, on the contrary, raises the question of how to reduce this amount and how to do it as quickly and legally as possible. If we analyze the legislation, then it gives more rights to the claimant than to the debtor, but this is understandable, because it protects the vulnerable segments of the population. However, the Family Code of Ukraine also provides the debtor with the opportunity to reduce alimony. the grounds for reducing alimony are clearly defined in the Family Code of Ukraine.

Grounds for reducing child support:

• Debtor's state of health
• Change in the financial situation of the debtor
• Alimony spending not for the intended purpose
• Transferring a child to a state institution

As can be seen from the above grounds for reducing child support, there are not so many, but they must be correctly substantiated in order to achieve a result.

Where to go?

Of course, if alimony is awarded by the court, then their amount should also be reduced by filing a lawsuit with the court. The jurisdiction of such cases is determined in accordance with the requirements of the Civil Procedure Code, but this is most common at the location of the claimant. It should be noted that even if alimony is awarded by issuing a court order, you still need to file a claim and the case will be considered in the lawsuit.

Cost

If, when collecting alimony, the exactor is exempted from paying the court fee, then in the case of filing a claim for a reduction in the amount of alimony, it is necessary to pay the court fee on a general basis. As of 2022, this is UAH 992.40.

Substantiation of the claim

Whatever the basis for reducing the amount of alimony, the result depends on the validity of the claim and the submission of evidence that will support it. For example, to confirm the deterioration of the Mona's health with medical documents, the length of stay on sick leave, the assignment of a disability group, etc.

If the financial situation worsens, you can provide a certificate on the reduction of wages, the maintenance of other family members, the conclusion of a new marriage, the birth of a child, etc. If the claimant uses the alimony for other purposes, it is necessary to provide evidence of contacting the guardianship and guardianship authorities, their conclusions and recommendations. Other evidence, if any, should not be neglected, because the outcome of the case depends on them.

Recommendations 

If you understand that the amount of alimony paid is unlawfully high, and there are grounds for reducing it, then you should not be afraid to go to court. You should also not take into account the opinion of others and their condemnation that you do not want to pay alimony in the amount awarded by the court. Often the courts, when issuing court orders, do not check whether the alimony payer has the ability to pay such an amount.

Another recommendation would be to get professional help from a specialist. This is due to the fact that not everyone can independently prepare a claim and defend their position in court. Therefore, if your right is violated, do not be afraid to take a step in order to defend it.