Payment of alimony in advance: is it possible and how to arrange it?

Is it possible to pay child support in advance?

The law does not prohibit early payment, but certain restrictions have been introduced for this. If a situation arises where regular monthly alimony payments are not possible, then you can use several options that provide for payment of alimony funds in advance.

• payment of funds immediately in a fixed amount, that is, at a time;
• transfer of alimony funds at a certain frequency, for example, once every two years. The law also allows the conclusion of an agreement for different periods of time. You can pay alimony for several years in advance with the consent of the recipient of the funds. This option for fulfilling obligations is considered safer;
• payment with any property, for example, by transferring an apartment to a child.

Thus, a one-time payment of alimony, necessary to provide financial support for the child, is an acceptable option for fulfilling the obligation, but only if all actions take place voluntarily and with the consent of the recipient of the alimony.

A one-time payment can be made in two cases:

• if the former spouses drew up a settlement agreement in a judicial authority;
• if a voluntary alimony agreement has been drawn up, notarized.

About child support - in detail

After initiating enforcement proceedings, the bailiff establishes the place of residence and work of the debtor, his sources of income and property. To do this, he sends requests to the tax authorities, Rosreestr, the Pension Fund of the Russian Federation, credit organizations, traffic police authorities, the Office of the State Employment Service, etc. The bailiff can put the debtor or his property on the wanted list, seize found assets and funds in accounts and deposits with credit institutions, deprive him of the right to drive a vehicle, and restrict travel outside Russia.

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To satisfy the application, the court will need evidence confirming the debtor’s absence from the place of residence. Since his search was carried out by the bailiff service, the court will send a request there about the search activities carried out as part of the enforcement proceedings. The main evidence will be a ruling on the absence of the debtor, which is issued by the bailiff if the search activities were carried out in full, but within a year from the date the debtor was put on the wanted list or the latest information about him was received, his location was not established.

How to arrange a one-time payment of alimony?

It is necessary to take seriously the correct execution of documents so that in the future the payer does not have to prove that the entire amount of alimony funds was actually paid.

In order for one-time alimony transfers to have legal grounds, you need to perform the following steps:

• both parties need to contact a notary with a request to draw up an agreement;
• You will need to present some documents (passports, marriage and divorce certificates, as well as a child’s birth certificate);
• state the amount of money that will be paid one-time.

Actions of a notary:

• checks the terms of the agreement to see if they contradict the law;
• prepares the text of the document;
• the official must ensure that this agreement is voluntary for both parties;
• puts his signature and seal.

Sample lump sum payment agreement

This agreement can be concluded either in the form of a separate document or as an additional agreement to an already drawn up document that regulates the procedure for monetary obligations.

In any case, the following points must be added to the standard information of the alimony agreement:

• the amount of the one-time payment;
• its justification, that is, indicate calculations that show that this amount covers all alimony obligations remaining until the child reaches adulthood;
• if the specified amount does not cover such obligations, then the actions of the parents are prescribed (whether the validity period of the agreement will be extended in the future, or whether the recipient of alimony will be satisfied with this amount of payment;
• if payment is made using real estate, then there must be an expert assessment of its value;
• If purchases are used as payment, checks or receipts must be attached.

What to do if child support is paid by court order?

If alimony is paid by court decision on the basis of a writ of execution, then a one-time payment is impossible. The only exception will be if the drawn up agreement includes a clause containing information about early repayment of the alimony amount.

Early payment of funds to a minor child under a writ of execution will not be considered a basis for their inclusion in the total amount of alimony payments.

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An exception will be cases when:

• the court decision regarding the collection of alimony will be canceled;
• a previously signed alimony agreement will be declared invalid;
• The court confirmed that the writ of execution (writ of execution, court order, as well as an agreement to pay alimony) were fake.

The amount of money sent to the recipient in the case of transfer of alimony based on a court decision will be considered as a gift. This contribution does not relieve the alimony payer of the monthly obligation to transfer alimony payments, failure to comply with which the payer faces punishment (administrative or criminal).

Is there a way out in this situation? If the alimony payer has a need or desire for a one-time payment of alimony, then the first step is to write a statement containing a request to revoke the writ of execution and take it away if the alimony recipient agrees to this.

It is advisable to enter into a voluntary agreement at the stage of enforcement proceedings. Thus, if a court decision regarding alimony transfers has already been made, then measures can be taken to resolve the issue peacefully. The trial stage allows for the possibility of an agreement.

According to lawyers, a one-time payment of alimony is considered a profitable deal for both parties. Such a payment makes it possible to satisfy the child’s financial needs for a long period of time and avoid any legal disputes in the future.

After transferring all the money to the alimony recipient, it is advisable to take a receipt indicating the amount received, the date of receipt and signature.

The decision to transfer the remaining balance of alimony can only be voluntary; the child’s mother does not have the right to demand such actions be performed without the consent of the father.

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Child expenses are not always the same from day to day. It's no secret that the older he becomes, the more expenses are required for his maintenance: training, clubs, sections, recreation. However, if his parents are divorced, then almost all of these amounts fall on the shoulders of one of them. Therefore, the mother or father may well have a question about whether it is possible to collect or pay child support in advance. Also, if I pay child support in advance, will it be deducted from future payments? Let's figure it out right now.

The law does not prohibit early payment of alimony, but special restrictions have been introduced for it.

Is it possible to pay alimony early?

by a court decision on the basis of a writ of execution with the recovery of the necessary amounts; a notarial agreement on the procedure for maintaining a minor; Amounts accrued as wages or income from a share of the proceeds; Salary for military and law enforcement officers; Any awards; Payments for overtime work; Vacation pay; Compensation payments (with some exceptions); Financial assistance; Severance pay upon dismissal.

Voluntary alimony

on the basis of which voluntary payment of alimony payments is made. This allows you to avoid negative aspects, as well as financial and time costs that are inevitable when going to court.

The agreement, drawn up in writing and certified by a notary, fixes the amount, timing and procedure for payments. This can be done both during marriage and after it. Alimony can be collected either as a fixed amount or as a percentage of income.

Early payment of alimony

Please tell me how we can be insured and not deceived in the end?

Your question is not as simple as you think. There are a lot of nuances. One of them is the parent’s responsibility not only to support the child, but also to participate in his upbringing. If the husband simply “forgets” about the child, it is possible that after some time (2-3 years) the ex-wife will file for deprivation of parental rights. In addition, the nuance is that:

Parents have the right to enter into an Agreement on the maintenance of their minors and (or) disabled adult children in need of assistance (hereinafter referred to as the Agreement on the payment of alimony) in accordance with Chapter 11-1 of this Code.

News Agency – Rassvet

Their maintenance, according to the norms of the RF IC, is the responsibility of the parents. It applies to both mother and father, regardless of the fact of official registration of the relationship.

In all general cases where alimony is required, the child’s age limit for fulfilling this obligation is 18 years. It is until the age of majority that a person is considered a child who must be supported by his parents.

How to legally avoid child support?

But there are some conditions that allow you to stop paying them or reduce the amount of payments.

Regardless of the method of reaching agreements between the parents, the payer is obliged to make payments at the time specified for this. The slightest delay or refusal will lead to negative consequences for the parent. The lightest punishment is payment of a debt and a fine of several hundred rubles.

Is it possible to pay alimony ahead of schedule "Lubisan-ECO"

If it is impossible, for example, to divide three apartments equally, then amicable monetary compensation or sale and amicable division of money, etc.

There is absolutely no need to sue. If there are no disputes, then it is enough to conclude and notarize an Agreement on the Division of Common Property (see Part 2 of Article 38 of the RF IC). To do this, you need to contact any notary, he knows how such documents are drawn up.

Grounds for termination of alimony payments

This understanding of the term is not entirely correct.

They can be paid not only to the child, but also to the ex-wife if she is on maternity leave or for some other reason loses her ability to work, and to elderly parents.

But the most common case in practice is still payments for a child, and they are made to the account of the former spouse (or a spouse or another family member, for example, a grandmother, with whom the minor lives).

Features of paying child support to parents

In this case, we will talk about collecting alimony through the court. If the matter is not brought to court, a voluntary agreement can be concluded between the son and his mother on the amount and procedure for paying child support.

So, we have decided that in the absence of the son’s voluntary consent to support his elderly mother, alimony will have to be collected from him through the court. The amount of payments will also be determined by the court, and the main criteria for determining the amount of alimony will be the financial and marital status of the son.

The employee was withheld alimony up to

That is, the main criterion is not the moment of payment, but the period for which it is made.

Thus, alimony must be withheld from the bonus accrued for 2012 no later than three working days after the payment of income to the employee (Article 109 of the Family Code of the Russian Federation, Part 3, Article 98 of the Law of October 2, 2007 No. 229-FZ).

Is it possible to pay child support in advance?

Elena, Urai Hello! My name is Elena. My ex-husband wants to pay me 150 thousand rubles in advance to pay off alimony. At the same time, he asks the bailiffs to write a receipt stating that I received this money to pay off alimony and refuse it for 1.5 years.

I’m also taking the writ of execution. Does this receipt have legal force? And will I be able to apply for alimony again at any time, despite the fact that the receipt is with the bailiffs? I ask you to give me an answer as quickly as possible since this issue should be resolved today.

Thank you in advance.

: Can a mother file for child support for her son or daughter?

Early repayment of alimony - issue No. 10648

Take with you witnesses who will confirm that there was no transfer of money; the receipt was written under the influence of blackmail. You can even contact the police now, but the fact that he has a receipt complicates the matter; you need to prove that he did not receive that money either.

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You can pay alimony early

The issue of divorce and division of property I said, the fee depends on the cost, the total cost, of all the property to be divided. You name the cost! They will count you quickly. How can you determine the fee if you don’t know the value of the claim? Early payment of alimony.

Early repayment of alimony

It is best to negotiate with the bank to sell the apartment, pay off the debt, and buy something with the remaining money. Otherwise, there will definitely be no money left. Good luck.

Question for lawyers (alimony from pension)? If the court ruling states that you are entitled to 25% and your husband pays you this%, then what else do you want? you will not receive more than you should, and he will not pay less either, since he faces criminal punishment for this.

I can’t find an unambiguous answer to the question of whether it is possible to count off alimony paid in more than what is determined by the COURT. That’s all. This is not early repayment of a bank loan. And from the point of view of MORALITY, this is already a different community.

You are not entitled to contributions to the Pension Fund of the Russian Federation made by the employer to your husband’s individual personal account.

Is it possible to pay alimony early "Lubisan-Eco"

Astakhov and the current legislation, excuse me, things are different... You can draw up a notarial agreement in which you indicate that the debtor has paid the collector a certain amount of money (alimony), as well as the absence of claims from the collector for this amount.

Alimony paid - in advance - or - in advance

children need to be fed, and not just taught 2. the money was spent on the education of 1 child, and the second, it turns out, was left without any child support at all.

The man believes that he has more than covered all his child support payments until the end of the year, and even her 50% of tuition fees, which she should, in theory, have paid as a second parent. However, according to the court.

According to the order, alimony from his salary continues to be withheld.

Is it possible to pay off alimony early? Question No. 16278

As for the remaining share. You either give the entire share for alimony or offer your ex-wife to buy it out or sell it themselves.

According to the Civil Code of the Russian Federation, when selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have a pre-emptive right to purchase the sold share at the price for which it is sold, and on other equal conditions, except in the case of sale at public auction.

Reader question: is it possible to pay alimony in goods?

“I’m unemployed now, in three months my new life partner and I will have a second child.

Is it possible to apply for a reduction in the amount of child support before the birth of the child? Since I had been unemployed for six months, I could not pay any child support, and the child’s mother turned to the bailiff, although she knew and understood that I did not have a job. We agreed that later, when the opportunity arises, I will pay.

Is it possible to pay alimony in advance under a writ of execution?

No. The Family Code of the Russian Federation does not provide for the payment of alimony from the payer's salary in advance. The only exception is the preparation of an agreement on the payment of child support, which will contain a section on early payment of child support.

Early payment of alimony under a writ of execution cannot serve as a basis for offset in the total amount of payments, as well as for the possible return of overpayment of alimony in the future. Family Code of the Russian Federation, Article 116 “Inadmissibility of offset and reverse collection of alimony.”

If the child's father decides to pay child support in advance, it will not be counted toward the total amount of payments, and he will not be able to pay it back in the future. Except for cases when he receives the right to return alimony:

• Cancellation of a court decision on the appointment and collection of alimony for the following reasons:

• The recipient's use of false documents to obtain alimony;
• Forgery, deception on the part of the applicant about the paternity of the payer (You can read about how to file a refund of alimony when challenging paternity here.)
• Giving false testimony by the applicant or her witnesses in a child support case.

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• Recognition of an agreement on the payment of alimony previously signed by the child’s parents as invalid:
• Due to the recipient's manipulative actions;
• Fraud or threat to the life and health of the payer and his relatives; the recipient of alimony;
• The use of violence or the commission of criminal offenses, including blackmail, by the recipient of alimony to the payer.
• If the court finds the following executive documents to be forged/falsified:
• Court order;
• Agreement on payment of alimony;
• Performance list.

It is for the above reasons that we can conclude that it is impossible to pay alimony in advance under a writ of execution or court order. And money sent to the recipient’s account will be considered as a gift. Therefore, the payer will retain the obligation to pay monthly alimony, for failure to fulfill which he may incur administrative or criminal punishment.

After the parents divorce, funds for child support can be transferred regularly once a month or in the form of a one-time payment. The first method is well known - the alimony provider (most often the father) transfers the amount established by the court or a peace agreement every month. The second option is used much less frequently.

Is it possible to receive alimony debt after 18 years of age?

Within three days, the appeal is considered and distributed to a bailiff. He is obliged to issue a resolution to begin enforcement proceedings within 3 days. The debtor is given 5 days to independently comply with the court decision, after which measures are taken to force the collection of the debt. Some influence tools are listed above.

As with all monetary issues and claims, claims must be brought against both the debtor and his heirs within 3 years. This is the general statute of limitations. Thus, recipients of money have time and tools to influence the unscrupulous father or mother of an adult child.

The mutual rights and obligations of parents and children are based on the origin of the children, certified in the prescribed manner. The obligation to pay child support is assigned by law to the parents. The parent is the one listed as such on the child's birth certificate. In cases where paternity has not been established, the rights and obligations of the child arise only in relation to the mother and her relatives. In order for a biological father to have an obligation to pay child support, his paternity must be certified in the prescribed manner. This can be done voluntarily by contacting the registry office with a joint statement, and in case of disagreement, in court.

The criminal law provides for liability for parents' evasion for more than three months during a year from paying, according to a court order, funds for the maintenance of minors or adults who are disabled and in need of financial assistance.

In this example, the plaintiff can appeal the judge’s ruling to change the payment order. The high earnings of the alimony provider are not an absolute basis for changing the nature of the receipt of alimony. The position of the Judicial Collegium for Civil Cases of the Armed Forces of the Russian Federation, set out in the Review of Judicial Practice (approved on July 20, 2012), is as follows: transferring 50% of the funds to a child’s bank account is possible if alimony proceeds are used improperly.

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To make payments to the personal account of a child under 18 years of age, you must contact the court that made the decision on alimony. The application is subject to consideration on the basis of Art. 203 of the Code of Civil Procedure of the Russian Federation, according to which it is possible to defer, installment or change the procedure for its execution.

• The death of the alimony payer or alimony recipient will not occur
• The factor of need will not be eliminated (for example, a disabled child may receive a large inheritance)
• Disability will not be lifted due to restoration of working capacity (according to the conclusion of MSEC or a court decision)

Emancipation is a legal procedure through which a child acquires full legal capacity and capacity before he turns 18 years old. It can be completed from the age of 16. The decision on emancipation is made by the court or the guardianship and trusteeship authorities. It occurs in accordance with Articles No. 21 (clause 2) of the Civil Code of the Russian Federation and No. 27 (clause 1) of the Civil Code of the Russian Federation and gives the right to a citizen of minor age:

When alimony is paid in large amounts

After a divorce, the child’s parents often begin to build their lives in a new way. Someone moves to another city or country, someone completely ruins their relationship with their ex-spouse. And a situation arises when it is necessary to pay alimony, but it is not possible to do it regularly. In such cases, there is a way out - a one-time payment of alimony in a large fixed sum of money.

A one-time payment can be made exclusively on a voluntary basis. That is, the child’s mother cannot, through court, force the father to pay a large amount to offset several future years (or months).

A one-time payment of alimony is provided in two cases:

1. If the ex-spouses entered into a settlement agreement in court.
2. If they have drawn up a voluntary alimony agreement with a notary.

The meaning of both options is approximately the same. The only difference is the price of the issue and the time spent on solving it. Drawing up an agreement and having it certified by a notary will be faster, but more expensive. The court will only charge a small state fee, but the process will take a couple of weeks.

As a rule, parents enter into an agreement to pay alimony in a fixed amount and in a lump sum in the following cases:

Rights when paying alimony

But not all additional costs need to be paid. This can be done voluntarily, but if it doesn’t work out, the issue will have to be resolved in court. And then the mother goes to court to prove that these additional expenses need to be shared with the child’s father: they arose in exceptional circumstances.

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In this analysis, all judicial practice is based on claims by women against men. And since there are many more male payers, these are the situations that will be used in the examples. It is understood that similar circumstances may arise when the children remain with the father, and the mother pays alimony for their maintenance.

How to calculate the amount for a lump sum payment

Russian legislation does not clearly regulate the amount of lump sum payments under alimony agreements. This is due, first of all, to the fact that none of us is able to predict the future: it is unknown what income the alimony recipient will receive in the next years; what will be the cost of living per child in your region; What will be the dynamics of ruble inflation?

Therefore, experts in the field of family law consider the following methods for calculating alimony in a fixed amount. We will present them using abstract examples:

1. After the divorce, the parents remained on normal terms and are selling their shared apartment. The father's share of the alimony is 1.5 million rubles. According to the court decision, he is obliged to pay at least 10 thousand rubles a month for the maintenance of his ten-year-old son. The ex-spouses agree not to take inflation into account. In this case, in the 8 years remaining until the child reaches adulthood, alimony will amount to 960 thousand rubles (10,000 * 12 * 8). The father agrees to transfer this amount to the mother as a lump sum payment.
2. After the divorce, my mother married a foreigner for the second time and with her three-year-old child is going to leave for permanent residence in another country. During the divorce process, the parents entered into a notarized agreement on alimony, according to which the father is obliged to transfer 7,800 rubles monthly for the maintenance of the child. The agreement included a clause on an annual 10% indexation of this amount (in accordance with the depreciation of the ruble). The ex-spouses were able to agree on a one-time payment before leaving. However, the father only has 750 thousand rubles available after selling the car. Having made calculations, it turns out that the amount paid will only last for 6 years and 2 months. To the existing document, the parents enter into an additional agreement, which states that the alimony provider transfers 750 thousand rubles for the maintenance of the child until he reaches the age of 10. And after the specified period, the agreement will need to be extended taking into account future realities.
3. Parents are just in the process of divorce. There is a serious conflict between them, the relationship is completely ruined. The father needs more than a million rubles to pay off his alimony obligations at once, but he only has 600 thousand available. The mother agrees to a settlement agreement in court and this amount, as long as she never crosses paths with her ex-husband again.

Thus, the size of the one-time transfer can be arbitrary, or can be calculated based on the income of the alimony provider, the subsistence minimum, or the amount prescribed by the court. It can be expressed in a sum of money, property alienated in favor of the child, or in kind (purchase of clothing, equipment, payment for studies, treatment, etc.) The only condition is that such a contribution must be paid on the basis of a voluntary agreement.