Changes to the alimony agreement can be made at any time, but only by agreement of the parties; unilateral changes to the terms are not allowed.
The agreement to amend the contract for the payment of maintenance, like the original document, is concluded in writing and certified by a notary . The absence of notarization of the specified document entails its invalidity.
In the event of a unilateral change to the agreement, the party whose interests were violated has the right to go to court to enforce the agreement on the provision of content in its original version.
Conditions under which the agreement can be changed
When the parties enter into an agreement, they proceed from their capabilities as of the current day . Alimony obligations last for years; over such a long period, the life circumstances of the party or parties can change significantly. For example, the alimony payer was laid off at work and lost his main income; or the needy spouse has regained some of his or her ability to work and began to receive income. Such situations may result in changes to the child support agreement.
If the parties could have foreseen any events in their lives in the future, then the agreement would not have been drawn up by them or would have been signed, but on significantly different conditions - such a situation is called a significant change in the financial or marital status of the parties.
When deciding whether to change the alimony agreement, the court may take into account any noteworthy interests of the parties.
Reasons for termination
The law obliges both parents to support their children equally. Citizens choosing amicable settlement enter into an alimony agreement, guided by Article 104 of the IC of Russia. A properly executed document, certified by a notary, acquires legal force from the moment of signing (Article 100 of the IC of Russia). The duration of the contract coincides with the end of the obligations (18 years of age of the child). The need to cancel a document earlier may arise suddenly for reasons beyond the control of citizens:
- change in financial situation;
- change in family composition;
- disability and so on.
Before terminating an alimony agreement, it is best to consult with a lawyer. The Civil and Family Code of Russia regulates issues related to making adjustments and terminating the contract between parents. There are two ways to cancel an agreement to pay alimony - voluntarily and in court.
Paragraph 4 of Article 101 of the Russian IC states that significant changes in the family composition or financial situation of any of the parties are considered grounds for terminating the agreement through the court if a peaceful agreement is impossible.
The document can be canceled when both parties are sure of the need for this action.
Procedure
A party whose life circumstances have changed significantly has the right to send the other party a proposal to amend the agreement. The letter may set a deadline for giving a response; if no deadline was specified, then the response must be given within thirty days .
If a refusal was received or an answer was not given within the period established by the letter or agreement, then the issue of changing the alimony agreement may be referred to the court. When considering a claim, the following evidence is presented to the court :
- conclusion of an agreement (the document itself);
- changes in financial and marital status (certificates of income, family composition, MSEC, registration as unemployed, and others);
- refusal of one of the parties to change the terms of the agreement (written refusal or notification of receipt of the proposal by the other party).
If the other party agrees to make changes to a previously concluded agreement, the parties, independently or with the participation of a lawyer, draw up an agreement to make changes or an agreement to pay alimony in a new version. The draft agreement is submitted to a notary office for its certification . The drawn up agreement on changes is an integral part of the original document, and if a new agreement on the payment of amounts for maintenance is certified, the previously signed one becomes invalid.
Changing the agreement in court
If the alimony payer loses his main source of income, most likely the amounts indicated in the document may become unsustainable. And since the alimony agreement has the force of an executive document, the claimant can apply with it to the bailiff service for forced collection of the amounts prescribed there.
Therefore, if this happens, do not hesitate to go to court to change the terms of the document.
Mandatory pre-trial dispute resolution procedure
The algorithm of actions in this case will begin with sending your opponent a proposal in writing to voluntarily make changes to the agreement.
In cases of amendment and termination of an agreement on the payment of alimony, the pre-trial procedure for resolving the dispute must be observed.
Attach to the statement of claim documents confirming that you offered the other party to voluntarily make changes to the agreement at the notary, but this issue could not be resolved peacefully.
A copy of the statement of claim to change the terms of the agreement with the attached documents should be sent to the defendant independently. Documents about sending should be attached to the claim to the court.
Application to change the terms of the alimony payment agreement
Disputes regarding alimony are now heard by district courts.
The claim should indicate the name of the court, information about the plaintiff and defendant and state the circumstances of the case:
- when and what agreement was concluded between the parties;
- why its conditions need to be changed, what changes have occurred in the financial situation of the parties, whether the payer has new alimony obligations, etc.
In addition, legal justification for the stated position is necessary.
The procedure for concluding, executing, changing, terminating and invalidating an agreement on the payment of alimony is regulated by Article 101 of the Family Code of the Russian Federation. In the event of a significant change in the financial or marital status of the parties and if no agreement is reached on changing or terminating the agreement on payment of alimony, one of the parents has the right to file a lawsuit to change or terminate this agreement. When considering a case, the court has the right to take into account any noteworthy interest of the parties.
In the petition part, you can fully state the paragraph of the agreement in the old version and in the new one, which will contain changes. For example:
Make the following changes to clause 1 of the Agreement on the payment of alimony dated March 10, 2021, replace the text: “I, gr. Ivanov A.A., I undertake to pay gr. Ivanova E.E. alimony for the maintenance of our minor son, gr. Ivanov Ivan Ivanovich, born on January 21, 2013, in an amount equivalent to 2000 (two thousand) US dollars at the rate of the Central Bank of the Russian Federation on the day of payment monthly until Ivanov Ivan Ivanovich reaches the age of majority,” to the text: “I, gr. Ivanov A. A ., I undertake to pay gr. Ivanova E.E. alimony for the maintenance of our minor son, gr. Ivanov Ivan Ivanovich, born on January 21, 2013, in a fixed amount of 14,889 (fourteen thousand eight hundred eighty-nine) rubles monthly until Ivanov Ivan Ivanovich reaches adulthood.
Documentation
There is no single list of documents for terminating an alimony agreement. But in any case, you will need to present to the court:
- A copy of the claim for the defendant;
- A copy of your passport;
- Copies of personal documents: marriage, divorce, birth certificates;
- A copy of the alimony agreement;
- Certificates, characteristics, information about income - everything that confirms the circumstances for terminating or changing the agreement.
Documents are submitted mainly in copies. You must take the originals with you to court if the judge decides to examine them in person at the hearing.
Arbitrage practice
In cases where the alimony agreement is not drawn up in writing or notarized, the court makes a decision to refuse the claim and terminate the agreement. It does not comply with the rules of family law and is not considered a prisoner.
In other cases, judicial practice does not demonstrate a uniform approach to resolving disputes. Claims are satisfied both those filed by the payer and the claimant.
Example 1. Plaintiff N. filed a lawsuit to terminate the agreement on the payment of alimony with her ex-husband A., indicating that A. refused to increase the transferred alimony, thereby violating the rights of the child. In this regard, A. asks to collect alimony from him in the amount of ¼ of all types of earnings. And terminate the alimony agreement.
In court, it turned out that the defendant, according to the agreement, paid alimony in the amount of 8,500 rubles, and according to the stated request, he will pay no more than 4-5 thousand rubles. In view of the emerging circumstances, the plaintiff withdrew her claim and the case was dismissed.
Example 2. Plaintiff K. filed a lawsuit against N. to change the terms of the agreement on alimony in terms of increasing its amount from 5,000 rubles to 10,000 rubles. In support of her demands, K. indicated that at the time of the conclusion of the agreement, N. was employed and had a small income. Currently he works as an individual entrepreneur and has several retail outlets and non-residential premises. His declared income exceeds 1 million rubles per year.
These arguments were confirmed at the hearing and the court amended the agreement, increasing the amount of alimony to be collected.
The courts do not always take the side of the claimant, but they have even less leniency towards payers. There are very few reasons why courts at all levels reduce the amount of alimony or terminate the agreement at the request of the payer. We were unable to find such cases in the public domain. Only indirect references to such matters.
The concept of alimony agreement
The agreement on the payment of alimony is of a civil nature. This agreement is concluded by parents to resolve the issue of financial support for their common children. The conditions, procedure, and methods of fulfilling alimony obligations are governed by an agreement on the basis of Art. 104 of the Family Code.
In accordance with the provisions of Article 100 of the family law, such an agreement must be concluded in writing, in the presence of a notary. After the conclusion, it must be certified.
When certifying a document, the notary checks:
- The legal capacity of the parties to the agreement;
- Lack of coercion and meaningful will of the parties;
- Absence of conditions that are deliberately enslaving or violative of the interests of the child or any of the parents.
In most cases, a child support agreement is concluded for a long time (usually until the child reaches adulthood), and early termination often occurs.
IMPORTANT: According to the agreement, the child cannot receive less funds than would be due to him by law. Otherwise, the document may be challenged in court.
Grounds for termination of the agreement
Theoretically, the agreement can be terminated for any reason. To do this, the consent of the parties to sign a document on its termination is sufficient. In practice, this rarely happens and parents have to defend their position by filing a lawsuit.
The basis for forced termination of a document may be any change in the financial or marital status of the payer.
- A sharp increase in income received, allowing an increase in the amount of funds paid for the needs of the child.
- Violation of the law when signing a document.
- Reduced income when a parent is unable to pay the previously agreed monthly amount.
- Entering into a new marriage or having other children who also require maintenance.
This is not a complete list of possible reasons for terminating the contract. Each case has its own characteristics, so the court's decision may be based on other circumstances.
How to terminate an alimony agreement?
The contract is amended or terminated in cases where the financial or family status of one or both parents changes significantly. If agreement on a change in the agreement cannot be reached, it must be terminated.
Grounds for termination may include:
- Significant change in the level of income of the alimony holder.
- Improvement or deterioration in the financial level of the alimony recipient;
- Change in the marital status of one of the former spouses (For example, the creation of a new family by the payer and the birth of other children).
A significant change in the income of the alimony provider is considered to be cases when a person is unable to pay the agreed amount of alimony after losing his job, due to health reasons, or, on the contrary, his financial capabilities have increased. A change in the financial condition of the recipient should be understood as situations in which, due to unforeseen circumstances, larger sums must be spent on the maintenance of the child (For example, the child’s illness).
The child’s parents can terminate the agreement in two main ways:
- Voluntarily, by visiting a notary and canceling the concluded agreement;
- Through the court at the request of one of the interested parties.
Also, if the cause of the conflict is one or more conditions, the agreement can be changed in court and will continue to be valid in relation to the remaining conditions.
Termination procedure and procedure
If the parents decide at the meeting that starting from today there is no need to pay child support, the obligations to finance the children do not disappear. That is, an oral agreement is not a sufficient basis for terminating or changing the agreement.
All transactions with the agreement related to changes, editing or cancellation of its validity are carried out only in writing. A prerequisite is the presence of a notary in the event of a voluntary decision. If there is no consensus between the parents, termination of the notarial agreement on alimony will be permissible only through the court.
Voluntary termination
The procedure for terminating an agreement on alimony payments is formal and is possible subject to specific conditions:
- The child support agreement is terminated at the request of the parents at any time, provided that the necessary conditions are met.
- Since to conclude such agreements it is necessary to have them certified by a notary, termination follows the same principle.
- The agreement is terminated only in cases of mutual consent of the parents. Unilateral termination of the contract by only one participant is prohibited.
The parties may at their own discretion cancel the agreement if possible and necessary. In this case, one participant refuses to receive child support, and the second is relieved of the burden of paying it.
If alimony was paid from the father’s salary, then after receiving a notarized document on the termination of the previously reached agreement, it must be provided to the employer of the former payer to cancel the deductions from the salary.
Through the court
If the ex-husband and wife cannot agree to change the provisions of the alimony agreement or terminate it, either party may file a claim with the courts.
Typically, the initiator of legal proceedings is the recipient of financial support if the alimony provider refuses to fulfill his duties, or the payer himself, who, due to circumstances, cannot make payments in the amounts specified in the agreement.
Less often, the plaintiff is the payer who sought a reduction or increase in the amount of alimony, but was refused.
The most common reasons for termination of alimony by the payer:
- loss of work and, accordingly, income;
- the birth and need to support other children;
- serious illness of the child support worker;
- health problems among family members of the payer.
The consideration of such cases in court is open and adversarial. The parties are obliged to explain to the court their point of view and requirements, supporting them with evidence.
IMPORTANT: Before starting litigation, it is recommended to send the second party a written proposal to terminate the contract. In this case, you must indicate the reason for termination of the contract and indicate a specific deadline for the response. If no deadlines are specified, the response must arrive within thirty days. The best option is to send an offer by registered letter with notification.
This will allow you to avoid unnecessary questions in court, especially if the alimony agreement specifically states the procedure for terminating the agreement. Failure to comply with the pre-trial procedure for terminating the contract may serve as grounds for returning the statement of claim.
Jurisdiction
In the first instance, the magistrate's court deals with cases of termination of agreements on the payment of child support. When considering the case, the court takes into account the financial interests of the children. Termination of the contract is not grounds for the payer to lose the obligation to support the child.
At the request of the second party, he is assigned a different type of payment - in shares of all types of earnings or a fixed amount, in a fixed sum of money.
In this case, the court may reduce the amount of financial obligations to those specified by law. Often, when collecting alimony according to the law, the amount is an order of magnitude less, especially when the payer is required to pay the minimum alimony.
Geographically, the claim is filed at the plaintiff’s place of residence if a minor child lives with him. The application can also be submitted at the respondent’s place of residence, at the discretion of the applicant.
