Sample settlement agreement for alimony in a fixed amount

When is spousal support withheld?

If the wife is expecting a child or is raising a child under three years old.
The husband must also provide the disabled spouse with financial assistance aimed at her maintenance.
If a couple has a disabled child, spousal support is paid until the child is six years old. In case of disability of the first group, the payment of alimony is unlimited.

To receive alimony from her husband, the wife does not have to file for divorce. The legislation provides for the payment of alimony for maintenance even if the marriage is not dissolved, but the man does not fulfill such obligations.

Contents of the agreement

As already noted, an agreement on the payment of alimony for a spouse must certainly be drawn up in writing, in triplicate . It should indicate:

date of document preparation;
personal data of both parties entering into the agreement;
subject of the transaction;
payment parameters: timing, size, form;
rights and obligations of the parties to the transaction;
procedure and terms of indexation of alimony;
duration of the agreement.

Lawsuit or spousal support agreement?

The Family Code provides for two ways to resolve the issue of alimony payment: either by concluding a voluntary agreement or through legal proceedings.

The option of concluding an agreement on the payment of alimony is more convenient for both spouses, since it allows you to resolve this issue taking into account the maximum number of nuances. For example, if the wife has a sufficient financial situation, the husband can transfer part of the alimony or the full amount to a card or bank account. In addition, the timing of alimony payments and their frequency can be further specified in the agreement.

When concluding an agreement on the payment of alimony, you can also specify additional conditions: extension of payment terms, the possibility of transferring alimony in installments or less than once a month.

Concluding an agreement on the payment of alimony for the maintenance of a spouse additionally allows us to stipulate important points for both spouses that are not prescribed by law. This could be the transfer of property that belongs to the husband for the use of the spouse instead of paying alimony, additional liability for delays in payments or evasion of payments.

Lawyers advise spouses or former spouses on the possibility of concluding an agreement on the payment of alimony, since this option allows them to proceed from their interests in a particular situation.

Advantages of an alimony agreement

The conclusion of such an agreement is possible if the parents of the child who is entitled to alimony have not officially divorced. Such documents are drawn up by parents who have no obstacles to peacefully resolving the issue of alimony, its amount, and help legitimize the payment of child support without serious expenditure of physical effort and time in court proceedings.

Advantages of concluding a peace agreement:

an agreement to pay alimony has legal force, just like a writ of execution or a court decision, and allows you to reliably protect the rights of children to receive alimony. If a person obligated to pay child support evades this obligation, you can contact a bailiff to collect them without the help of a court;
under an alimony agreement, it is possible to formalize the receipt of a significantly larger amount of alimony than the law allows, but this amount must be justified and realistic for payment by the payer, i.e. correspond to the size of his income;
the agreement can stipulate the procedure, form and amount of the penalty if the deadlines for paying alimony are violated in the amount that the parties establish independently.

The law provides for a penalty in the amount of ½ percent of daily accruals of the total amount of debt to be paid. The agreement can set a different size, increasing or decreasing it accordingly.

Peculiarities of paying alimony for the maintenance of a spouse by court decision

If it is not possible to reach an agreement on alimony, the court can decide to collect it for the maintenance of the spouse. In this case, it is necessary to take into account such nuances.

Withholding of alimony in favor of the spouse is carried out monthly.
In general practice, the amount of alimony is fixed. It is subject to indexation (for this you do not need to additionally go to court, the recalculation is carried out by a bailiff), but does not change depending on the income of the alimony payer.
The spouse has the right to file a petition to review the amount of alimony, which must be justified: by the need for additional funds for treatment, or other important expenses.
If the spouse remarries, the proceedings for payment of alimony are closed, since its maintenance becomes the responsibility of the new husband.

Amount and indexation of alimony by agreement

Alimony for a spouse is always set in a fixed amount , regardless of whether it is determined by agreement or by court.

The size is determined as a multiple of the subsistence level of the corresponding constituent entity of the Russian Federation. If this indicator is not established at the local level, the cost of living for the country as a whole is taken into account.

The agreement specifies the amount of alimony in parts of the indicator . So, the amount can be set, for example, at 0.5 or 1.5 of the subsistence minimum.

Indexing

Due to the fact that the value of the indicator used to calculate alimony is periodically changed by government regulations, the amount of payments is also subject to regular indexation . If the cost of living has increased, then the amount of maintenance paid will increase by the corresponding percentage.

If the agreement on the payment of alimony for a spouse does not stipulate the conditions for indexation, it must still be carried out . This norm is established by Article 105 of the Family Code of the Russian Federation.

The accounting department of the organization is required to carry out the recalculation if payments are made through it.

If money is transferred personally, with receipt of a receipt for each payment, the payer himself must do the indexing. Otherwise, the recipient may apply to calculate and collect the debt incurred due to the lack of recalculation.

In order to avoid any misunderstandings or difficulties with indexation, it is best to determine the procedure and frequency of increasing payments in the agreement itself. If this has not been done, and there are no plans to make changes, you can contact the bailiff service . The responsibilities of the executors also include the indexation of alimony, so you can get competent assistance on this issue from this authority.

Sample agreement on payment of alimony for spousal support

To conclude an agreement, the following items must be indicated: full name and full passport data of both spouses; amount and payment period. Do not forget that the document must be certified by a notary.

When writing an agreement on the payment of alimony, the name of the document is indicated at the top, followed by the date of conclusion.

Next comes information about the spouses: about the husband or ex-husband (you must indicate the full name, passport number, as well as place of registration), about the spouse (the same data must be indicated). If the agreement concerns the payment of child support, you must also indicate the child’s details and information about his birth certificate. After this there is an indication of the legislative acts that regulate the payment of alimony for spousal maintenance. This is the introductory part of the alimony agreement.

A separate paragraph describes the subject of the agreement, that is, alimony that is paid for the maintenance of the spouse. In the same paragraph, a separate subparagraph indicates the regularity with which alimony is paid (most often - monthly, but there may be another frequency, for example, once a quarter). Next comes a subclause that indicates the amount of alimony - either fixed (in this case it is determined as a fraction of the minimum wage), or a percentage of the income of the alimony payer.

The next point is the form and terms of alimony. Here you should clarify in what form the spouse receives alimony: by card transfer, transfer to a bank account, by replenishing a deposit account, by delivery of cash. A separate subclause specifies until what date the alimony payer must transfer or transfer funds. Be sure to highlight the subparagraph, which will stipulate the documents that will confirm the payment and receipt of alimony, therefore, they will be able to protect the parties in the event of disputes. Most often these are receipts, accounting or banking documents.

The next clause of the agreement on the payment of alimony for the maintenance of a spouse should stipulate the rights and obligations of the payer and the alimony recipient. It should indicate that the alimony payer is obliged to notify the spouse of a change in his place of residence. The spouse, in turn, should also be required to report significant changes, such as: changing a bank account number, moving.

Finally, the last clause of the agreement on the payment of alimony for the maintenance of a spouse determines the duration of its validity. According to the law, the alimony payer is obliged to transfer alimony for the maintenance of the spouse until the child reaches three years of age. If we are talking about a disabled child, the period for paying alimony is extended: spousal support is assigned to the father of the child until the child reaches the age of six or for the period of his life. At the same time, other deadlines can be specified in the agreement if the parties have reached an agreement on this issue.

At the bottom of the agreement on the payment of alimony for the maintenance of the spouse, the signatures of the parties are affixed and their details are indicated.

Based on this sample, you can draw up your own version of an alimony agreement that will suit both your spouse and will not infringe on their rights.

You can draw up such a document yourself, but it is better to prepare a sample agreement and show it to a notary. He will help clarify certain nuances and, if necessary, make changes to the sample agreement. After this, you can sign a document confirming the payment of alimony for the maintenance of your spouse and have it notarized.

Agreement on payment of alimony

AGREEMENT ON PAYMENT OF ALIMONY in the year ________, ______________.

We, gr. _____________________, ________ the year of birth; Place of Birth: ____________________________; citizenship: Russian Federation; gender: male; passport series _____ number _______, issued by __________ city DEPARTMENT OF INTERNAL AFFAIRS “___________” OF THE CITY ___________, subdivision code __________; residing at the address: _______________________________, hereinafter referred to as the “Alimony Payer”, on the one hand, and gr. ____________________, ___________ the year of birth; Place of Birth: ____________________________; citizenship: Russian Federation; Gender Female; passport series ____ number _________, issued by the __________ city DEPARTMENT OF INTERNAL AFFAIRS “________” OF THE CITY _________, department code: _________; registered at the address: ______________________________, hereinafter referred to as the “Recipient of alimony”, on the other hand,

have entered into this agreement for the payment of alimony as follows:

1. In accordance with Article 80, as well as Articles 99 – 101 of the Family Code of the Russian Federation, the Payer of alimony provides the Recipient of alimony with maintenance (alimony) for the maintenance of a minor child ___________________, __________ year of birth. 2. This agreement is valid until the child reaches the age of 23 years. 3. Under this agreement, alimony is paid by the alimony payer monthly in the amount of_________________________________________________________________________________________________________________. 4. Payment of alimony under this agreement is made until the 10th day of the month for the current month. 5. Payment of the above funds is carried out by transfer to a bank account or delivery of cash to the Recipient of alimony. Documents confirming the Payer's fulfillment of its obligations are: - receipt of the Recipient of alimony - for cash payments; - banking and accounting documents - when making payments by transferring funds to a bank account. 6. All costs associated with the transfer of money are borne by the alimony payer. 7. Indexation of the amount of alimony is carried out in accordance with Article 117 of the RF IC, in a manner similar to the procedure for indexing alimony collected by court decision. 8. The payer has the right to increase the amount of alimony paid based on a written application. The application indicates the amount of alimony, the details of its recipient and the date from which the alimony will be withheld. At the request of the Payer, payment of the increased amount of alimony may be terminated. 9. The alimony payer undertakes to: - pay alimony, as well as other payments provided for in this Agreement, on time and in the appropriate amount; — promptly notify the Recipient of alimony about a change in his place of residence, about dismissal, as well as about a new place of work, and other changes; - in case of violation of the terms of payment of alimony and other payments provided for in this agreement, pay the Recipient of the alimony a penalty in the amount of one percent of the unpaid amount for each day of delay. 10. The recipient of alimony undertakes to: - accept alimony and other payments provided for in this agreement and issue a receipt confirming the fact of their receipt; — promptly inform the Payer of alimony about changes in his place of residence, changes in bank account details and any other circumstances that are essential for the timely fulfillment by the Payer of his obligations to pay alimony. 11. This agreement comes into force from the moment (date) of its certification by a notary. 12. The parties have the right, by mutual agreement, to change this agreement at any time or terminate its validity in the form prescribed by law. 13. Unilateral refusal to execute this agreement is not permitted. 14. All controversial issues under this agreement that may arise during its execution will be resolved by the parties to this agreement through negotiations. If agreement is not reached, each party to this agreement has the right to go to court. 15. This agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes and renders null and void all other obligations or representations that may have been accepted or made by the parties, whether oral or written, prior to entering into this agreement. 16. The costs of concluding this agreement are paid by the Parties in equal parts.

17. There are no other property disputes between the parties. 18. The content of articles 60, 69, 80-83, 86 of the Family Code of the Russian Federation was explained to us by a notary. 19. This agreement is drawn up in three copies, one of which is kept in the files of the notary of the city of ________ ________________ at the address: _________, st. _____________________________________, the other two copies of the agreement are issued to each Party.

_____________________________________________________ __________ ___________________________________________________ __________ On behalf of the Russian Federation: City __________. _____________________________ two thousand and ten. This agreement on the payment of alimony has been certified by me, ______________________________________________________, a notary of the city of Moscow. The alimony agreement was signed by ______________________ and _________________________ in my presence. Their identity has been established and their legal capacity has been verified.

Registered in the register under No. Collected at the rate: ________ rub. 00 kop. Certified in the premises of a notary's office at the address: ________, st.______________________________________________________.

Notary _______________.

Change and termination of the transaction

Over time, the life circumstances or intentions of the spouses may change, so the law allows for the possibility of both adjustments and complete termination of the agreement . These actions can be performed at any time subject to the following conditions:

both parties must express their desire;
modification or termination of the agreement must be carried out with the participation of a notary.

If the parties decide to make changes, they need to prepare the appropriate document, sign it and have it certified by a notary.

Another situation is also possible - one party insists on adjustment or termination, and the other does not agree. In such a situation, you need to file an application with the court. In this case, the judge will need to provide significant reasons and their evidence.