The Supreme Court did not allow to reduce alimony only because of a decrease in wages

The Supreme Court of Russia did not allow to reduce the amount of alimony if the parent paying them had a decrease in wages. The decision was made after considering a complaint in the case of a father of three children who asked to reduce child support payments after switching jobs and reducing his income. The case has been sent for review.

According to the position of the Armed Forces of the Russian Federation, which leads RAPSI, in the event of a change in the financial or marital status of one of the parties, the courts have the right to change the established amount of alimony or release from their payment. When considering such cases, the courts should take into account all types of income, including from business activities, property, as well as from securities, bank deposits, shares in the authorized capital of limited liability companies.

In addition, the courts must take into account that a change in financial or marital status should not be considered an unconditional basis for satisfying such a claim. To do this, the court needs to establish that the changes do not allow you to continue to pay alimony in the previously established amounts. The courts should also strive to maintain the child’s previous standard of living when deciding to reduce child support payments, follows from the ruling.

“The court takes into account the amount of money previously paid by the parent for the maintenance of the child, finds out whether the child attends preschool or other institutions of additional development (education), for example, goes in for music, drawing, sports, dancing and other activities, since the amount of alimony should allow the child to keep the same standard of living and, in part, to continue education, attending circles, additional classes, ”the text of the resolution says.

Olesya Pavlenko