The Form for Alimony Reduction It is a document that can be requested from anyone who has seen a change or reduction in their economic activity. This can only be done if the change can be verified, such as if the person lost their job.
It is important to know that this process can only be carried out if a judge made a sentence previously, therefore he had to set an economic amount for the son or daughter. If you want to know all the requirements and steps to obtain this discount We invite you to continue reading!
Format of the Form for Alimony Reduction
The Form for Alimony Reduction It is a document that can be requested by any person who must comply with a food pension. You only have to meet some requirements such as demonstrating that your economic activity is affected, it is issued through the website of the Council of the Judiciary.
Because it manages to be a frequent procedure, everything necessary in this document should be explained, it is divided into 11 parts or items. All the parts of each of the items requested by this form will be indicated below:
Personal information of the applicant
- Names and surnames.
- Identity document number (ID or passport).
- Age (years).
- City where you live.
- Marital status: Single, Married, Widowed or Divorced.
- Profession or occupation.
- Quality in which the plaintiff appears: Mother, Father, Representative, Legal-curator, Adolescent over 15 years of age or Adult up to 21 years of age.
- Main Street.
- Secondary street.
- Neighborhood / parish.
- Your home phone number.
- Your cell phone number.
- Email and / or court box.
- Full names and surnames.
- Identity document number (card or passport) (optional):
- Do you know the address of the defendant? Yes or no.
- City where you live.
- Main Street.
- Secondary street.
- Neighborhood / Parish.
- Cell phone number (optional).
- Email (optional).
- Zip code (optional).
Initial process information
- Process number.
What is the reason for filing the lawsuit
- This reason must be expressed because the circumstances and facts with which that payment was agreed have changed for some reason.
- Other reasons (optional).
Fundamentals of Law
- Constitution of the Republic.
- Children’s rights convention.
- General Organic Code of Processes.
- Childhood and Adolescence Code.
- Unnumbered of the Reform Law to Title V, Second Book of the Childhood and Adolescence Code (ROS No. 643 of July 28, 2009).
Claim of demand
- I request, Mr. Judge, by virtue of the above grounds, that a new pension be established that allows my child / children a decent life.
Value that it intends to pay
- According to the number of children or represented, add the intended monthly value for each of them and multiply said amount by twelve, plus two alimony as determined by law; and, if applicable, for each of them.
- Total in USD.
- Summary, determined in number 3 of article 332 of COGEP, published in ROS No. 506, of May 22, 2015.
- I ask the Judge to download the pertinent tax information of the defendant or the obligated subsidiary of the last two years.
- Request for several documents where you can justify this reduction of the food pension imposed by a Judge. For this reason, the following papers must be requested:
- The IESS certificate.
- Disability certificate.
- Labor certificate of income.
- I request expert evidence. A request to the Judge that a respective visit be made by the technical team as a pre-procedural diligence to the homes of the plaintiff or defendant:
- In this part, it must be declared that each of the documents indicated in the previous part are not in the possession of the applicant. Because of this, the court will be required to request delivery of these documents. (Yes or no).
Other documents attached to the claim
- Certified copies (Article 193 and 194 of the General Organic Code of Processes).
Filling out the Form for Alimony Reduction
This request can be given or rather it will be accepted once it is confirmed that if there is a change in your economic activity after it has been set before a judge, otherwise it will not be valid. Here are the steps you must follow to apply for the alimony reduction:
- Download the form from the council of the judiciary and fill out the alimony reduction incident form.
- Collect the documents that justify why you are requesting the alimony reduction such as (justification of new family responsibilities in other commitments, new job justifying that your salary is lower than the one provided when the alimony was established, among others).
- You must submit the application, that is, the form mentioned above filled out and printed.
- Once the application is submitted, the judge will summon the defendant for the request for a reduction in the pension.
- The hearing and the evidence will be given.
- And finally there will be the judge’s decision.
Why you can request the Form for the reduction of Alimony Pensions
The request for the reduction of alimony can be given in the following cases:
- New family charges.
- Change of employment and therefore decrease in salary.
What is the Alimony Reduction Form for?
The form to be able to request a reduction of the alimony is used in any case that a parent or legal representative, cannot or is unable to fulfill their work with their son or daughter. This should be requested if a judge previously awarded you, a pension that you must meet monthly.
It is important to know that in order to make this type of reduction, it must be shown that the conditions under which that pension was imposed have changed. That is, the person must show any document that guarantees that they cannot comply with the payment.
Mostly, the case where this type of forms is most requested, is when the capacity or economic position of the person has changed in a notary manner. It could be that he lost his job or that this person’s contract is for a lower salary than the previous one.
Although another case in which this reduction can also be requested, is when the circumstances of the child have changed together with their needs. That is, when the child requires less food because he received a scholarship, dropped out of school or is working.
Who should process it?
The Form for Alimony Reduction It can be requested by anyone who meets the requirements or who has undergone changes in their economic activity. Although it may also be requested if the son or daughter no longer needs the amount that was previously set.
When it comes to the fact that the child no longer needs that amount, it is because there are several cases in which the child already meets other needs or characteristics with which this pension can be lowered. These cases are:
- If the child began to work: The obligation to pay for food is terminated if the child, being over 18 years of age, begins to work and does not study.
- New children: If you are with another couple and now you must pay alimony to other minors, this new reality must be compensated according to the particular needs of each of the children.
How many times can the discount be requested?
You can request the Form for Alimony Reduction provided that the person has the necessary arguments and documents to prove that a reduction of this should be made. In other words, there is no limit to the number of times it can be requested.
It should be noted that this reduction or reduction of alimony can only be required as long as a judge allows it through a resolution. Likewise, the judge must verify that the conditions are necessary to be able to grant this reduction. Ecuador’s Law explains that:
«The alimony is due from the presentation of the claim. The increase is due from the presentation of the corresponding incident, but its reduction is only required from the date of the resolution that declares it ”.
What is the Alimony Reduction Form?
The Form for Alimony Reduction It is the document that can be requested from anyone who has seen a change or a reduction in their economic activity. This can only be done if the change can be verified in front of a judge, for example if the person lost their job.
A reduction in alimony is a procedure that any legal representative can carry out when he needs to adjust the monthly monetary amount that he must pay. This is because it does not have the same circumstances as when the pension was originally set.
Finally, we thank you for reading us and we invite you to read other of our articles that can be of great help in any other process for you. Much success in this form!
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