A sample of a counter statement of claim for the recovery of alimony for a minor child. Counterclaim for alimony sample Counterclaim for alimony in case of divorce

04.03.2020

Child support litigation is a complex procedure that can be further complicated by filing a counterclaim. In the article, we will tell you about what a counterclaim is, where to find a sample of drafting and how you can file a paper for the recovery of alimony.

What is an alimony counterclaim

A response statement is a counterclaim on the part of the defendant, against whom a claim for the payment of alimony has already been filed. In other words, this is the presentation of counter-claims by the defendant in the alimony case as opposed to the claim of the plaintiff.

Examples of counterclaims:

the mother sues the court for the recovery of alimony from the father for the maintenance of the minor child, and the father - a counterclaim to recover the maintenance from the plaintiff on himself due to incapacity.
the father submits a counterclaim for the recovery of alimony in a fixed amount;
the father is filing a claim for a reduction in the percentage of alimony.

The right to file a counterclaim is spelled out in Art. 137 Code of Civil Procedure of the Russian Federation. Requirements for documents and deadlines:

deadline for submission - before the decision is made at the request of the first plaintiff;
both claims are considered simultaneously;
compliance with the general rules for filing claims.

The conditions for accepting a counterclaim are spelled out in Art. 138 Code of Civil Procedure of the Russian Federation.

Both lawsuits are related.
Satisfaction of the counterclaim will count towards the requirement of the first claim.
Satisfaction of the counterclaim excludes the possibility of satisfying the first claim.

It is best to file a counterclaim immediately after the original statement of claim is received.

The court may not accept the application if the limitation period of the case and the decision has expired - this follows from Art. 410-411 of the Civil Code of the Russian Federation.

In all other cases, the acceptance of documents and the procedure for their consideration is subject to the general rules under Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation.

See also the video on filing a claim for the recovery of alimony:

What Happens After Submitting a Counterclaim

The date of completion and the outcome of the process depends on how competently and accurately the respondent will comply with the established rules. The plaintiff must submit an application in the prescribed form and within the time frame established by law, as well as attach the entire package of documents that confirm his claims (for example, data on the presence of other minor children or dependents).

In case of violation of the rules of procedure, the court returns the documents to the defendant and has the right to refuse the proceedings until the re-collection of the package of documents.

The counterclaim will be considered on the same principle as the original statement of claim. First of all, the representative of the court will consider the connection with the first claim and the arguments of the parties. Response claims are considered as counterarguments of the defendant against the plaintiff's accusation.

As a result of the first or second court meeting, the conflicting parties can find a suitable solution that would suit both of them. This decision is expressed in the execution and certification of a peace treaty or consent to alimony payments.

This is the fastest and easiest way to reach a compromise that saves both parties' nerves and money. In addition, having resolved the issue peacefully, you will not have to spoil relations with the opposite side. Otherwise, the decision will be made by the court.

How the court accepts the application

The expediency of accepting and considering the statement of claim is determined by the representative of the court. He may refuse to accept the counterclaim if he considers the arguments unconvincing. If the counterclaim is accepted for consideration, it will be considered in conjunction with the first claim. ...

The person in charge of the case should immediately understand how the first and second claims are related. Therefore, it is necessary to clearly and accurately designate the available facts. If the court has not accepted the counterclaim, you can file it as a regular statement of claim (not counterclaim).

How to properly draw up a counterclaim

The counterclaim is no different from the usual claim for the recovery of alimony. If the parties want the trial process not to drag out, and the decision was made as soon as possible, each of them must responsibly approach their documentation: in accordance with the established rules, without errors and with the provision of all the necessary arguments.

If there are errors in the materials for the case, the judge sends them with notes on what needs to be corrected. If the revised version is submitted again, it will be processed on the same day. If there are errors in the corrected version, the judge will refuse again.

All requirements and arguments must be clearly and clearly indicated in the document. After that, you need to indicate what exactly needs to be changed:

the amount of alimony;
method of collection;
the very need for collection.

It is best to fill out an application in court. The clerk will help you do it right.

If the court has not satisfied the counterclaim requirements, you can challenge the decision by filing an appeal.

In this case, monthly payments are usually indicated, however, in cases where the defendant does not have income and the prospects for obtaining them, but there is property that can be foreclosed, this method of satisfying the claims is also possible. The transition to alimony in a fixed amount In life, there are often situations when citizens change their financial or marital status and the collected alimony in shares of earnings can no longer ensure a dignified existence for the child. How to switch from one type of alimony to another and collect alimony in a fixed amount? There is nothing difficult here. this is a common question. which is often seen in court. It is enough to draw up a new statement of claim for alimony in a firm sum of money and submit it to the court in accordance with the general procedure.

Statement of Claim for Alimony in Fixed Amount

Attention

Arbitration law permits the filing of an appeal against a ruling containing the impossibility of satisfying the request for a counterclaim. The reason for the refusal may lie in non-compliance with the conditions of Articles 137-138 of the Code of Civil Procedure of the Russian Federation.

However, this does not deprive a person of the opportunity to file an independent claim in another proceeding aimed at protecting his interests. There is some disagreement over who may be counterclaiming, expressed by different jurisprudence.

According to the established tradition, a counter statement is the prerogative of the defendant, but the courts are inclined to the position that a third party with independent claims has the same right, since in the event of a decision affecting his interests, he has the possibility of a recourse claim.

How to file an alimony counterclaim

Info

It should be noted that the collection of alimony in a lump sum is an exception to the rule. In the general case, the collection takes place in proportion to the earnings by a court order.

How to determine the amount of alimony in a lump sum The plaintiff must indicate in the statement of claim such amount of alimony that, in his opinion, will be able to provide the child with the necessary level of support. Consideration should be given to ensuring that there is enough money for food, clothing, everyday items, toys, teaching aids and supplies for the child.

If a child is engaged in circles and sections, receives additional education in a music or art school, the cost of additional education should also be taken into account when determining the level of content. If the child has diseases. requiring expenses for treatment and health maintenance, such expenses should be taken into account.

Counterclaim for the recovery of alimony example

The parties have the right to appeal the decision within 1 month on appeal. After the expiry of the appeal period, the decision comes into legal force and is subject to execution.

Please note: an appeal against a court decision Recovery of alimony in a lump sum Recovery of alimony in a lump sum is possible only upon filing a statement of claim. The order in this case does not apply, which means that the magistrate will not issue a court order on alimony in a fixed amount.
The decision on the collection of alimony in a fixed amount will indicate from what time to what time the alimony was collected (usually from the day the claim was filed until the day of the child's majority). A specific amount in rubles will be determined, it will be indicated how this amount is a multiple of the subsistence minimum.
The frequency of collection of alimony has been determined.

There was no dispute about the place of residence of the child, until now the child lives with me and is on my financial support. The defendant has not taken part in the maintenance of the child since the date of the court decision (10.01.2016).

Important

An agreement on the payment of alimony was not concluded, I could not agree with the defendant in the pre-trial procedure. In accordance with Art. 80 of the RF IC, parents are obliged to support their minor children.

Moreover, on the basis of Art. 83 of the Code, alimony for a minor child can be recovered in a fixed amount, which will ensure stability in the maintenance of the child. The defendant works at OOO NefteKhimStroy as a designer, the work is seasonal.

Counterclaim for alimony

The motivation is as follows: the mother does not have sufficient funds to support the child, there is no suitable living space, and his financial situation allows him to live comfortably. In such circumstances, the court must find out the reason for such demands, and if they boil down to banal revenge and showdowns with the ex-wife, then the decision may not be in favor of the defendant father.
A counterclaim for the departure of a child Is filed when one of the parents lives in another state and is unable to see their offspring living with their ex-spouse. The initial claim is for child support or other child support payments. When filing a counterclaim, you need to remember that it must be substantiated and supported by the necessary evidence. You should not use your procedural rights to your detriment by trying to hurt the plaintiff.

Alimony counterclaim

Counterclaim

What is the procedure for collecting alimony for minor children?
Review of judicial practice on the recovery of alimony
Recovery of alimony - order, payment, court practice
Jurisdiction of cases on the recovery of alimony

See also the video on filing a claim for the recovery of alimony: Acceptance for consideration To fully accept the claim, you must comply with the conditions that are described in Art. 138 Code of Civil Procedure of the Russian Federation. The short point is that:

the counterclaim must be set off against the original claim;
satisfaction of the counterclaim completely or partially cancels the satisfaction of the initial application;
there is a link between the two claims;
both applications can be considered at the same time and this will lead to a faster completion of the trial.

In general, it is up to the judge to accept or not to accept a counterclaim.

How to make an application for fixed alimony?

The father pays the child by giving the money to the mother, and the mother to the ex-spouse and father of the minor. The mother of a son or daughter has no right to fulfill the obligation imposed on her to pay funds in the interests of her spouse, using the money that is collected in favor of her child.

Based on the requirements that the law establishes for the acceptance of response statements. You can give more examples of such claims regarding the reclamation of alimony:

A counterclaim for the recovery of alimony in a fixed sum of money. When, for example, a spouse asks to collect payments in shares, and the ex-husband asks to withhold a fixed amount, since there are other dependents on the maintenance.
A claim to reduce the amount of alimony.

The very process of litigation for the recovery of alimony is not a very pleasant procedure: a lot of paperwork and responsibility for something you don't even understand. This is exactly what happens, because a mediocre resident of the Russian Federation is not fully aware of all the intricacies of the work of lawyers and courts.

So first you need to figure out what a counterclaim is, where to get a sample and how to file such a claim for the recovery of alimony. Time frame A counterclaim is an additional claim of the defendant, against whom a claim for the recovery of alimony has already been filed.

Lawyers call a counterclaim the expression of counterarguments to the claims and grievances of the plaintiff who filed the original claim. That is, to those claims that came from the plaintiff and were accepted by the judge for consideration, other facts and conditions from the defendant who filed the same counterclaim are added.

It is imperative to take into account that this is an official document and when compiling it, it is worth observing the business style of presentation. It is also imperative to clarify the requirements for writing the application you need, otherwise, it will not be considered by the authority in which it is intended.

In some cases, you will need to notarize the document. Sometimes it is necessary to attach to the application

Counterclaim for alimony

Documents confirming that she asked us for help on 13.08.2012

Please tell me if the father can file a counterclaim for, or somehow refuse them. We live with our daughter, who is 14 years old for a year now in a rented apartment. The father of the child does not pay us 11/07/2012

Divorced since 2004.Since 2006. Upon reaching the age of 14, my daughter voluntarily lives with me with my full support, including college tuition fees, and my son lives with her.

1. If, in the absence of an agreement on payment, after the court has established the amount of alimony, the financial or marital status of one of the parties has changed, the court shall have the right, upon request of either party, to change the established amount of alimony or release the person obliged to pay from their payment.

But it also happens that the parent liable for child support did not make payments for reasons beyond his control, or is unable, due to certain circumstances (provided for by law), to fully fulfill his obligations, then he has the right to file a counterclaim for the recovery of alimony in a reduced amount ...

Or, for example, such a situation, after the divorce of the spouses, the joint child remains to live with the mother in Moscow, and the father leaves for the Moscow region.

Alimony counterclaim

The defendant also has certain rights provided for by applicable law.

Depending on the circumstances of life, the court may meet halfway with the defendant and reduce the size of the share, reduce the fixed sum or refuse to satisfy the claims of the plaintiff, if in the course of the proceedings the defendant can prove that he is not the father of the child and the record made by the authorities Registry office is wrong or illegal.

In order for the defendant to be able to prove his innocence, the legislator has provided for the institution of a counterclaim, which can be filed within the framework of the case under consideration.

Statement of claim for the recovery of alimony

a claim without it. This requirement has no legal basis.

Having this information, the plaintiff can reflect it in the claim, which will facilitate the recovery of alimony by the executive service, but it is the task of state structures to search and find out this data.

This part of the claim substantiates the grounds for satisfying your claims, indicating the articles and clauses of regulatory legal acts,

How to submit a counterclaim for alimony, what is needed for this?

)))) It's all nonsense! File a claim and recover from it.

Do not take the application for the recovery of alimony. And everything that your roommate says needs to be proven. In court, evidence is needed on paper, and words are not counted there.

feel free to sue for alimony and you can make a demand: about his daily compulsory participation in the upbringing of the child, so - for six hours. it will be fine for him.

My husband is filing for divorce, the child is with me: should I file a counterclaim for alimony?

places of living. child, child lives with me, Propp. I can file for alimony before the court - My husband filed for divorce and for objection. places of living. child, child lives with me, Propp. I can file for alimony before the court. Further

1 answer. Moscow Viewed 52 times. Set 2012-08-08 11:29:21 +0400 in the topic "Family Law" Uv. lawyers! When to Counterclaim? - Uv. lawyers! When to file a counterclaim.

A sample of a counter statement of claim for the recovery of alimony for a minor child

80 of the RF IC, parents are obliged to support their minor children. If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court.

1. Collect from [__________] in favor of [__________] alimony for the maintenance of [__________] [__________] year of birth. in the amount of one quarter, earnings

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A counterclaim for the recovery of alimony for the maintenance of a child and spouse. The plaintiff is in a registered marriage with the defendant. During the marriage, they had a child. The defendant does not participate in the upbringing of the child, does not allocate funds for its maintenance, the child is fully dependent on the plaintiff and lives with the plaintiff. The spouses did not enter into an agreement on the payment of alimony. The plaintiff asks the court to recover child support from the defendant in favor of the plaintiff.

In the ___________ district court ________________________________________

claimant: _____________________________________________________________________

defendant: ________________________________________________________________________

State duty: on the basis of clause 2 of part 1 of Art. 333.36 of the Tax Code of the Russian Federation is not paid.

CLAIM OF CLAIM (counter) On the recovery of alimony for the maintenance of a child and spouse

In the period from _________. to the present, I am in a registered marriage with the defendant, ______________________________. During the marriage, namely ________________ year, we had a child - a daughter of ______________. The defendant does not participate in raising the child, does not allocate funds for its maintenance, the child is completely dependent on me and lives with me at: ______________________________. We did not enter into an agreement on the payment of alimony. 80 of the RF IC, parents are obliged to support their minor children. The procedure and form for providing maintenance to minor children are determined by the parents independently. Parents have the right to conclude an agreement on the maintenance of their minor children (agreement on the payment of alimony) in accordance with Chapter 16 of this Code. If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) is collected from the parents in court. 83 of the RF IC in the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent who is obliged to pay alimony has irregular, varying earnings and (or) other income, or if this parent receives earnings and (or) other income in full or partially in kind or in foreign currency, or if he does not have earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or materially violates the interests of one of the parties, the court has the right to determine the amount of alimony collected on a monthly basis in a fixed sum of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed sum. ensuring, taking into account the material and family situation of the parties and other noteworthy situation However, ____________ has irregular, constantly changing earnings. 89 of the RF IC, spouses are obliged to financially support each other. In case of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the wife during pregnancy and within three years from the date of the birth of the common child, has the right to demand the provision of alimony in court from the husband. Thus, there are all legal grounds for satisfying the claim. claims and collection from the defendant, ______________________, in my favor of child support and for me until the child reaches three years of age.

In addition, in accordance with Art. 100 of the Code of Civil Procedure of the Russian Federation, to the party in whose favor the court decision was made, at its written request, the court awards on the other party the costs of paying for the services of a representative within reasonable limits.

Based on the foregoing and guided by Art. 80, 83, 89 RF IC, Art. 100, 137 Code of Civil Procedure of the Russian Federation, -

I ASK FOR COURT:

1. To collect from _______________________ in my favor child support - _____________________________ in the amount of ______ rubles monthly until her majority. 2. To collect from ________________________ in my favor alimony in the amount of ___________ rubles monthly until the child reaches the age of ________ years.

3. To collect from _________________________ in my favor the costs of paying for the services of a representative in the amount of ___________________ rubles.

Applications: 1. Copy of the statement of claim 2. Copies of marriage certificate.

3. A copy of the child's birth certificate.

______________________

" " _____________ G.

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Wife alimony counterclaim

Alimony for the maintenance of the wife

According to the current legislation, the father cannot write a refusal from the child, thereby freeing himself from his maintenance. However, some men choose not to pay any money to their ex-wives. Then, to restore justice, the ex-wife applies for.

In different countries, this procedure takes different time and requires a number of documents.

Alimony for the maintenance of the mother of the child

And no employer likes this. It turns out a vicious circle: the woman herself cannot earn money, the spouse does not want to pay for the mother of his child, and money is needed every day. In such cases, you need to seek justice in any legal way.

Remember that in all cases the spouse must have the necessary support to pay the spousal support. If he does not have such (officially), then the woman will not be able to get a dime from him.

If the former spouse-mother of a common child enters into a new marriage, even if she is recognized as incapable of work and in need, the alimony obligations are terminated.

Alimony for spouses, alimony for ex-wife (husband)

Civil, religious and other "types" of marriages do not give the right to alimony.

Former spouses also enjoy the right to material support from another spouse. The Family Code of the Russian Federation contains an exhaustive list of cases when a former spouse has the right to demand the necessary material support. So, the right to demand the provision of alimony in court from a former spouse, who has the necessary funds for this, have:

a needy former spouse caring for a common disabled child until the child reaches the age of eighteen or for a common child - disabled since childhood of group I;

a needy spouse who has reached retirement age no later than five years after the dissolution of the marriage, if the spouses have been married for a long time.

In this case, the need for a spouse is determined taking into account specific circumstances.

Recovery of alimony for the maintenance of a wife

They can be recovered both on their disabled parents, and the husband can pay alimony for the maintenance of his wife, who is on maternity leave. The fact that they are married or are already divorced will not play a role either.

After a divorce, a difficult period begins for a woman, both emotionally and materially. In such a situation, it is important to remember that the law is on your side. The Family Code (SC) says that the husband is obliged to financially support his ex-spouse.

Counterclaim for the recovery of alimony for the maintenance of a child and spouse

The plaintiff asks the court to recover child support from the defendant in favor of the plaintiff.

The defendant does not participate in the upbringing of the child, does not allocate funds for its maintenance, the child is completely dependent on me and lives with me at the address: ______________________________.

According to Art. 80 of the RF IC, parents are obliged to support their minor children. The procedure and form of providing maintenance to minor children are determined by the parents independently.

Parents have the right to conclude an agreement on the maintenance of their minor children (payment agreement) in accordance with Chapter 16 of this Code.

If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court.

In accordance with Art.

It can be personal data, various letters, testimony of witnesses, material evidence, and other data. For example, you can submit a doctor's opinion on infertility or confirmation that at the time of conception of the child you were on a business trip for a long time, and the like. If you want to reduce the size, then attach a certificate from the hospital or other evidence that will confirm the reason for the reduction in alimony.

Make a statement of claim.

Counterclaim for alimony claim

The size of these shares may be reduced or increased by the court, taking into account the material or family situation of the parties and other noteworthy circumstances.

1. If, in the absence of an agreement on the payment of alimony, after the amount of alimony has been established in court, the financial or marital status of one of the parties has changed, the court has the right, at the request of either party, to change the established amount of alimony or release the person obliged to pay alimony from paying it.

Counterclaim for the Recovery of Alimony

The claim will be considered within the framework of this divorce proceedings. The division of property is usually done through another legal process. With a claim for the division of property, you have the right to go to court within 3 years from the date of divorce (article 38 of the RF IC).

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Counterclaim on division of property, alimony - sample and how to file

A counterclaim is a procedural action on the part of the defendant in response to a statement of claim filed against him and accepted for proceedings by the court. Submission of counterclaims is a measure of judicial protection and should be sent as an objection to the claims of the plaintiff and in the form of a legal reminder that the defendant has the possibility of objections to the claimed claim.

Filing a counterclaim is only possible if the legal requirements are met and must meet the following conditions:

there is a clear legal connection between the mutual legal claims of the parties to the dispute, and the combination of cases into one will allow achieving procedural savings in time and actions;
according to the stated requirements, it is possible to carry out an offset;
a positive court decision on one of the claims excludes the possibility of satisfying the second in full or in part.

From the above, we can conclude that the subjects of the claim of the plaintiff and the defendant must coincide and be homogeneous, that is, if one requires money, then the other must ask for a similar one, but not for the transfer of any property or recognition of ownership.

An example may be such a case when the plaintiff asks to recover the debt under the contract from the defendant, and he, in response, proposes to recognize the transaction from which the obligation arose invalid. If the court determines the transaction as null and void, then, accordingly, it will not give rise to any consequences and the requirements for the transfer of money from this agreement will not be satisfied.

This counterclaim precluded a positive decision on the original petition.

Submitting a counter statement

The defendant may exercise his right to legal defense by counterclaiming at any time before the court retires to make a decision. In fact, such a statement is an ordinary claim, and it can be presented in the manner determined by the procedural rules.

The counterclaim must contain all the attributes established by law, it is necessary to write in the text: details of the parties, addresses, circumstances and facts justifying the legality of the appeal, and it will also need to be provided with the necessary attachments in the form of evidence referred to by the defendant. In this situation, the rule of territorial jurisdiction does not apply; both claims, both the initial and the counterclaim, must be in the proceedings of the same court.

A copy of the claim and all documents must be sent to the court and the rest of the participants in the case. You can submit either directly to the court itself through the office, or by mail. The Arbitration Code allows submission via the My Arbitrator online system

Attention! When filing a counterclaim, one should not forget about paying the state duty, which must be calculated in accordance with the size of the claimed claim and the norms of the Tax Code of the Russian Federation. Failure to comply with this rule entails leaving the application without progress, while the consideration of the initial claim may already be at the stage of completion.

The law does not prohibit filing a counterclaim during a court hearing, provided that all of the above conditions are met. Thus, a surprise effect can be achieved for the plaintiff, who did not expect such a method of protection from the defendant. The court must issue a ruling on the acceptance of the counter statement, which is subject to immediate execution.

From the moment the ruling is issued, the defendant acquires the status of a plaintiff in a counterclaim. If the defendant applies for a mutual claim in the course of the hearing on the case, the judge or the panel of judges can decide on this issue, having consulted on the spot.

Refusal to accept is not subject to appeal on appeal if the case is being considered in a district or magistrate court. Arbitration law permits the filing of an appeal against a ruling containing the impossibility of satisfying the request for a counterclaim.

The reason for the refusal may lie in non-compliance with the conditions of Articles 137-138 of the Code of Civil Procedure of the Russian Federation. However, this does not deprive a person of the opportunity to file an independent claim in another proceeding aimed at protecting his interests.

There is some disagreement over who may be counterclaiming, expressed by different jurisprudence. According to the established tradition, a counter statement is the prerogative of the defendant, but the courts are inclined to the position that a third party with independent claims has the same right, since in the event of a decision affecting his interests, he has the possibility of a recourse claim. Courts should consider each case on an individual basis, depending on the specifics of the situation.

Procedure for Consideration of Mutual Claims of Participants in the Proceedings

In the presence of several cases in one court, connected by common participants and similar requirements, aimed at offsetting each other for the purpose of procedural economy, it is more expedient to combine them into one judicial proceeding, having issued the appropriate definition.

The exceptions are cases on the return of children illegally transported to our country and held in Russia and a counter statement on the transfer of the child or access to it. Such processes cannot be considered in one connected session.

A counterclaim can only be filed at the first instance, it is unacceptable to file such a petition in the appellate instance, therefore if the defendant is late with the presentation, then it will not be possible to correct it in the supervisory court.

During the session, the court gives the first floor to the plaintiff, who must substantiate his arguments, and only then the defendant can speak and object, stating a mutual claim. The outcome of the consideration may be one of the options for a court verdict:

the defendant's petition was fully satisfied, the plaintiff was denied;
the plaintiff was awarded only a part of the claimed, and the defendant received a positive decision;
both claims terminated by offset.

However, an unsatisfied person should not despair, because there are other ways to resolve mutual claims. One of them is the case when the offset of a homogeneous requirement can be claimed in accordance with Article 410 of the Civil Code of the Russian Federation, and the second - everything can be solved at the stage of enforcement proceedings, if each participant has an independent decision.

Family law in the Russian Federation is designed to regulate the relationship arising between the alimony payer and the claimant of the alimony. It follows from this that when considering the issue of collecting alimony payments in the framework of legal proceedings, representatives of the authorized body are obliged to take into account the mutual claims of the participants in the court session. A similar alignment takes place in the event that the defendant in the case for the recovery of alimony has filed a response statement of claim. From the content of this article, you can find out the rules for filing a counterclaim, the procedure and conditions for applying to the judicial authority.

What it is?

A counterclaim for the recovery of alimony is a document filed by the defendant in the case to protect his own interests and to satisfy the court of mutual claims against the plaintiff. This is evidenced.

To better understand the essence of the counterclaim, it is recommended that you familiarize yourself with its characteristic features:

After the acceptance of the counterclaim in the case of the recovery of alimony, the counterclaim is considered in court, and together with it, the existing claims and arguments of the plaintiff are re-analyzed.

Submission in writing of the claims of the defendant, who now acts as a plaintiff, means that it is necessary to analyze the case for the recovery of alimony from the other side.

The procedure for considering a counterclaim for the recovery of alimony:

First of all, the judge is being prepared for a new session;
The date and time of the next court hearing is set;
In the framework of the trial, both sides of the case are heard, the presented evidence, arguments and claims are studied;
At the end of the court session, a decision is made. For example, a judge may refuse to satisfy the claims of one of the plaintiffs or partially satisfy each;
After the announcement of the decision and its entry into legal force, a writ of execution is issued and enforcement proceedings are opened. Upon satisfaction of both the first claim for the recovery of alimony, and the counterclaim, two orders of execution may be issued.

Filing a counterclaim is only possible if the legal requirements are met and must meet the following conditions:

there is a clear legal connection between the mutual legal claims of the parties to the dispute, and the combination of cases into one will allow achieving procedural savings in time and actions;
according to the stated requirements, it is possible to carry out an offset;
a positive court decision on one of the claims excludes the possibility of satisfying the second in full or in part.

This counterclaim precluded a positive decision on the original petition.

Procedure for Consideration of Mutual Claims of Participants in the Proceedings

the defendant's petition was fully satisfied, the plaintiff was denied;
the plaintiff was awarded only a part of the claimed, and the defendant received a positive decision;
both claims terminated by offset.

Certain types of counter claims

Counterclaim on division of property

The most common lawsuits are family disputes, in which former spouses have the largest number of mutual recriminations, resulting in counterclaims.

A divorce claim may be accompanied by a division of property counterclaim. A sample is shown below.

Despite the fact that they are not aimed at offsetting one against the other, the courts combine them and consider them jointly. The reason for this is the common ground and the resulting legal battles.

Counterclaim for the Recovery of Alimony

This claim is a property dispute initiated by a parent living with the child. The respondents in most cases are fathers, and in response to the mother's claims, they have the right to file a counterclaim and demand to determine the place of residence of their minor children together with him.

The motivation is as follows: the mother does not have sufficient funds to support the child, there is no suitable living space, and his financial situation allows him to live comfortably.

In such circumstances, the court must find out the reason for such demands, and if they boil down to banal revenge and showdowns with the ex-wife, then the decision may not be in favor of the defendant father.

Counterclaim for the departure of the child

It is served when one of the parents lives in another state and is unable to see their offspring living with their ex-spouse. The initial claim is for child support or other child support payments.

When filing a counterclaim, you need to remember that it must be substantiated and supported by the necessary evidence. You should not use your procedural rights to your detriment by trying to hurt the plaintiff. Often, unjustified claims can result in a loss of time and money, the court can oblige to pay legal costs and impose a state fee, which can be very decent with a large amount of the claim.

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