Alimony agreement: why is it needed and how to conclude it

Every fifth Russian family is faced with the issue of paying alimony. This problem can be resolved peacefully without forcing payments through the courts. To do this, you just need to visit a notary and enter into a voluntary notarial agreement. To draw up an agreement, parents need to contact a notary office with a list of necessary documents.

An alimony agreement is a document drawn up between two parties: the payer and the recipient. Conclusion is allowed at any time:

• during marriage,
• during the divorce process,
• after divorce.

It has legal force provided it is notarized. Without a signature and seal, the contract is considered invalid. For the same reason, it cannot be challenged in court, since it is not actually a document.

The agreement is concluded in writing and can be submitted to the organization at the payer’s place of employment. From a legal point of view, it has the force of a writ of execution (IL).

By agreement, the parties have the right to independently set the amount and indicate other nuances of the transaction. Payers are also given the opportunity to transfer property or a share in it to the child to pay off child support obligations partially or fully.

Money can be paid to the following persons:

• minor children;
• adult disabled children;
• spouses and former spouses;
• parents;
• Grandmothers and grandfathers;
• grandchildren and granddaughters.

Obligation to pay alimony

Family law, in particular, obliges parents to support their minor children. This responsibility is joint for the mother and father. That is, they bear this burden equally, regardless of their state of health, availability of work, personal relationships with each other or with a child, or their place of residence. Since such an obligation is legal, it does not terminate under any circumstances, and therefore is often enforced.

The conditions and form of providing maintenance for the child are negotiated by the parents independently, by mutual agreement. To legitimize their agreement, they can enter into an agreement on the payment of alimony.

Child support is a monthly targeted payment in a pre-agreed amount, paid by one of the parents (and sometimes both) to support the child. Read more about what alimony is.

Notarization or presence of witnesses

Notarization or the presence of witnesses is not a mandatory procedure when transferring funds and drawing up a receipt for payment of alimony. However, if there is reason to believe that in the future actions to pay alimony will be challenged in court, then it is better to use one of the options for confirming the transfer of funds.

Notarization

In accordance with Art. 163 of the Civil Code of the Russian Federation, notarization means checking the legality of a transaction , including whether each party has the right to complete it, and is carried out by a notary or an official who has the right to perform such a notarial act, in the manner prescribed by law. Notarization is required in the following cases:

1. There is a direct indication of this in the law.
2. Agreement between the parties to notarize, even if not required by law.

The RF IC and other legal acts do not establish requirements for its notarization for a receipt for receipt of alimony. In this regard, notarization of the receipt of alimony is not necessary , however, at the request and initiative of the parties, this procedure can be performed.

Notarial acts are performed by public and private notaries. The notary's actions consist of verifying the identities of the parties drawing up the receipt, checking the document's compliance with the law and other legal acts. In the event of a dispute in court, such a receipt will be conclusive evidence.

Presence of witnesses

The second option for confirming the transfer of money when drawing up a receipt is the presence of witnesses. This procedure is also not mandatory .

However, if we are talking about the transfer of a large sum of money , or there is reason to believe that the recipient of alimony will go to court, then it is worth resorting to one of the above methods of confirming payment of alimony. It should not be forgotten that the receipt itself is a document confirming the fact of transfer of funds.

Legislation

An agreement on the payment of alimony is drawn up, concluded and regulated not only by family law. The basis, of course, is - the legislator has dedicated a separate section to this document. In particular, it establishes the general procedure for concluding and the form of the document, the procedure for invalidating the agreement and the minimum amount of alimony, methods of payment and the procedure for indexing payments.

However, family law defines only the basics of legislation and general positions. Civil law norms, in particular, are used as standards applied when concluding an agreement, amending it or declaring it invalid.

As for the content of the alimony agreement, it is regulated only in general terms. Parents include conditions in the contract by agreement of the parties, however, only with some restrictions, which we will discuss later.

The procedure for concluding an agreement between parents who are citizens of different countries also has its own peculiarities. For example, if the mother is Russian and the father is foreign. In this case, the law of the country where parents and children live together is applied to the conclusion of such an agreement.

If they live in different countries, the issue of concluding a child support contract is regulated by the family law of the country of which the child has citizenship. So, if the child is Russian and lives with his mother in the Russian Federation, then the agreement on the payment of alimony is concluded in accordance with Russian law.

When is a receipt for alimony required?

A receipt is a document with legal force confirming the receipt of funds from a debtor or creditor. The law does not directly establish cases in which it is necessary to draw up a receipt. However, as a general rule, when transferring cash from hand to hand, a receipt for receipt of funds should be drawn up.

In case of alimony obligations, the parties independently choose the method of payment. A receipt for receipt of alimony serves as proof of the transfer of cash as payment to the recipient of alimony. Therefore, drawing up a receipt is of particular importance for the party transferring money , regardless of the basis for payment (voluntary or by court decision).

Form of receipt for receipt of alimony

A receipt for receipt of alimony must be in simple written form . According to Art. 160 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), a transaction must be concluded in writing by drawing up a document expressing its contents and signed by the person or persons making the transaction.

Thus, the legislator does not establish specific requirements for the preparation of any documents in writing, including receipts. Therefore, the receipt can be drawn up and written in one’s own hand, the text can be typed on a computer and then printed out. It is also possible to use ready-made forms with filling out personal information about the parties.

When writing a receipt by hand, you should try to write it carefully, clearly spelling out each letter. In this case, it is desirable that the receipt be drawn up by the recipient of alimony . In this case, the direct receipt of funds by the originator of the receipt is confirmed. If a dispute arises about the validity of the receipt, the court may order a handwriting examination to certify that the receipt was drawn up by the person concerned.

Printed text is easier to read. However, the downside is that in some cases it is difficult to identify the person drawing up the document based on the signature alone. Therefore, this method should not be used if there is reason to believe that the transfer of alimony will be challenged in the future in court.

In this regard, the best option for drawing up a receipt is to use prepared forms , in which general information that is repeated in all receipts is printed on a computer. Personal information is filled out in such forms with your own hand (Name, passport details, residential address, amount of money, etc.)

It must be remembered that the signature of the parties is always handwritten . If a citizen cannot sign on his own (due to illness, physical disabilities or illiteracy), then such an action is performed by another person at his request, authorized to do so by a notary or in another way (Part 3 of Article 160 of the Civil Code of the Russian Federation).

How to write a receipt for alimony

There is no single sample receipt for receipt of alimony. However, based on practice and the purpose of the receipt, its contents should always indicate:

1. Last name, first name, patronymic of the payer and recipient of alimony. Their passport details (series, number, date and issuing authority), registration address and actual residence address.
2. Last name, first name, patronymic, date of birth of the child or other person in respect of whom child support obligations have been established.
3. The basis for the transfer of funds (on a voluntary basis, by court decision or under an alimony agreement).
4. Amount of funds (indicated in numbers, then in words in parentheses).
5. The periods for which the cash payment is made (indicating the month and year of payment).
6. Date of receipt.
7. Signatures of both parties with transcript.

Example

I, Grishaeva Anna Ivanovna, registered and living at the address Omsk, Rabochaya street, 5, apt. 74, passport 1234 No. 987654, issued by the department of the Federal Migration Service of Russia for the Omsk region in the city of Omsk on October 15. 2009 received from Gennady Ivanovich Grishaev, registered and actually residing at the address Omsk, Klyueva Street, 12, apt. 25, passport 7575 No. 345765, issued by the department of the Federal Migration Service of Russia for the Omsk region in the city of Omsk on July 25, 2007, alimony.

The amount of alimony is 15,250 (fifteen thousand two hundred and fifty) rubles), transferred for the maintenance of our child Nikita Gennadievich Grishaev, born on May 1, 2010, under an agreement on the payment of alimony for February 2015. I have no complaints. Date, signature.

Receipts for receipt of alimony may contain other information that, in the opinion of the parties, is necessary. The parties draw it up in one copy and transfer it to the alimony payer. At the initiative of the other party, the receipt may be drawn up in two copies and given to each party.

Amount of alimony by agreement

The advantage of an alimony agreement is that thanks to it, parents can independently determine the amount of alimony by agreeing and introducing the appropriate conditions into the agreement. They can set payments in a fixed amount or in proportion to the salary - all this will be decided during the discussion. But such an agreement on the amount of payments for a child is limited by provisions. Fearing abuse on the part of parents, the legislator prohibited them from stipulating the amount of child support in a smaller amount than the child would receive under a court decision.

In fact, this is the minimum amount of alimony under the agreement. According to , the minimum amount of alimony is 25% of labor and other income per month for one child, 33% and 50% for two and three children, respectively. Thus, the agreement will not be able to help the alimony recipient save money. On the contrary, it will help the child receive more meaningful content. For the debtor, it is more profitable to pay according to a court decision, since the amount of alimony can even be reduced in court. Find out more about the amount of alimony.

Termination of the agreement

Termination of an agreement is carried out in the same manner as its modification, that is, either voluntarily, at the request of both parties through a notary, or in court, as part of a lawsuit.

The agreement also terminates when the child reaches the age of 18.

The parties may establish in the agreement alimony for the child after he or she reaches the age of majority, however, it will be impossible to enforce the execution of the agreement in this part - after all, according to the law, the right to alimony is lost when the child reaches the age of 18.

Form and content of the agreement

Now it’s time to figure out what a child support agreement is. Taking into account Art. 99 of the RF IC, we can define it as a family law transaction concluded between the payer and the recipient of alimony (or his legal representative) on the conditions, procedure and amount of payments.

In the case of child support, the agreement is concluded between the mother and father, where the role of the recipient is played by the parent who lives with the child. At the same time, it is by no means necessary to get a divorce, separate, or live different lives - the parties can conclude such an agreement regardless of anything.

An agreement to pay alimony is not just a transaction: it cannot be terminated or ceased to be executed unilaterally, and changes cannot be made unilaterally.

The agreement itself is also an executive document - that is, obligations under it can be enforced forcibly and without going to court. However, more on that later. Now we propose to dwell in more detail on the form and content of the alimony agreement.

Form requirements

Family law provides for the form of an alimony agreement: according to , it must be drawn up in the form of a written document certified by a notary. Ignoring these requirements and signing a contract without the necessary notarization does not make sense. Such a document will not give rise to any legal consequences and, in accordance with this, will be void.

An agreement concluded in accordance with all the rules is recognized as an executive document, and therefore can be sent for forced execution to the FSSP without any legal proceedings. As with a regular court decision, debt may be assessed, property may be seized and described, and a ban on leaving the country or using a driver’s license may be imposed.

Since the agreement is concluded in writing and is subject to notarization, the child’s parents will in any case have to contact a notary. Which one specifically does not matter. He will not only confirm the compliance of the transaction with the law and certify it, but will also help to correctly draw up the agreement and give advice on the content and conditions to be introduced.

Content requirements

The law does not establish specific requirements for the content of an alimony agreement. However, according to Art. 99 of the RF IC, the agreement must contain:

• amount of alimony payments: it should not be lower than the amount specified in Art. 81 IC RF. Parents can determine it either as a share of the payer’s earnings or other income, or as a specific fixed amount, for example, 10 thousand rubles. Also, do not forget about the procedure for indexing the amount of payments, otherwise it will be carried out according to the general rules ();
• terms of payments: the parties can stipulate the starting and ending dates (for example, from 10 years to adulthood) for the fulfillment of alimony obligations, a specific date by which the money must be transferred, the obligations of the parties in the course of emerging legal relations, and so on.
• payment procedure: the parties can determine not only the amount, but also the method of transfer, for example, specify the details of the bank account or postal address to which the funds should be received. Personal transfer of funds is also acceptable, the results of which must be accompanied by a receipt. The agreement can also stipulate the form and conditions for storing such receipts.

The three indicated points are, in fact, the only ones that must be in the contract.

Additional terms in the contract

Any other conditions are included in the agreement at the request of the parties. The content of the document is not limited in any way by law if it in one way or another relates to the main subject of the transaction - payment of alimony, and does not violate the interests of a minor child. Additional conditions include:

1. Secondary obligations of the parties: to notify about a change of place of work, bank details or place of residence, to report on the expenditure of funds spent;
2. Conditions for reducing the amount of payments: for example, the right to a reduction in the amount may be made dependent on the health status of the payer, whether he has a job or the appearance of other children;
3. The procedure for signing the agreement, the conditions for making changes to it, the procedure for repaying the costs of conclusion and notarial registration;
4. The possibility of providing additional financial assistance, other expenses, for example, for summer or winter holidays, for health improvement, and so on;
5. Penalties for the formation of debt: establish the amount of the penalty, the terms from which it begins to accrue, the procedure for its repayment and repayment of other losses not covered by the penalty;
6. The procedure for extending the agreement after its expiration;
7. Any other provisions, if they do not violate the interests of the alimony recipient.

Contents of the alimony agreement

Let's take a closer look at the main conditions that an alimony agreement may contain.

Amount of alimony

A significant advantage of a voluntary agreement between parents is the ability to establish any amount of child support payments, guided by the child’s own financial capabilities and needs.

So, alimony can be paid...

• As a percentage of income;
• In a constant amount;
• In the form of a one-time transfer of a sum of money or property into the property of a child;
• In a mixed form.

The only limitation in determining the amount of payments is the minimum established by law. In other words, you cannot pay less than what the court would rule on the basis of the law. And the law establishes that for one child one should pay a quarter of the parental income, for two children - a third, for three, four, five or more children - half of the parental income. If parents set the amount of alimony payments not as a percentage of earnings, but as a constant amount, they should be guided by the real needs of the child, focusing on the cost of living in the region of residence.

The amount of alimony can be indicated not only in national, but also in foreign currency, as well as in kind.

Procedure for paying alimony

In addition to the amount of alimony, the agreement must indicate the method of transfer of funds:

• Transfer of money in cash;
• By postal transfer;
• By bank transfer to a card or current account.

Alimony payment terms

The deadline for transferring funds must be indicated in the document. Under a voluntary agreement, funds for a child can be paid ...

• Monthly;
• Quarterly;
• Annually;
• One-time (for example, by transferring valuable property into the child’s ownership or opening a deposit account in the child’s name).

In addition, the validity period of the contract should be indicated - as a rule, until the child reaches adulthood. It is also possible for the contract to be terminated due to the occurrence of certain circumstances.

For example, child support continues after adulthood - until the end of their studies at a university, or stops if the children are employed in a permanent job.

Indexation of alimony payments

Indexation of alimony payments is a change in the amount of payments in proportion to the change in the cost of living in the region of residence of the child.

Indexation is necessary if alimony payments are in the form of constant, fixed amounts. If alimony is paid as a percentage of income, then it increases in proportion to the growth of the parent’s income and, in most cases, does not require revision.

Additional terms

One of the mandatory conditions of the alimony agreement may be the condition that the parties must notify each other about any changes: marital status, place of residence, place of work, place of preschool education or education of the child, material wealth, and household well-being.

The parties have the right to provide for other additional conditions in the agreement.

Responsibility of the parties

The parties have the right to provide for liability for late payment of alimony - for example, in the form of a fine and interest.

The use of other measures of liability (administrative, criminal) provided for by law for a parent’s failure to fulfill child support obligations is not excluded, even if they are not provided for in a voluntary agreement.

Alimony agreement in court

Even if the alimony issue could not be resolved amicably right away and the matter eventually came to trial, this is not the end. Having ultimately found a consensus on this issue, the parties, guided by , can conclude a peace agreement, thereby ending the litigation regarding alimony. It should not be confused with the agreement discussed above, since such an agreement can be concluded exclusively in court, at any stage of the consideration of the case, from the preparatory hearing to the announcement of the decision.

By concluding such an agreement, the parties demonstrate to the court that, despite the trial, they were able to overcome differences and come to a common denominator. A settlement agreement on alimony in court terminates the proceedings on the merits and requires the end of the case, but only in cases where the judge accepts it and attaches it to the case materials. For this to happen, the court must review the agreement to ensure that its provisions are legal and consistent with the interests of the child. Otherwise, such an agreement will be rejected and the case will be considered further.

The advantage of this model is that it does not require notarization, and the agreement can be drawn up by the parties in free form. It must indicate that the plaintiff and defendant came to a peaceful resolution of the dispute, and also determined the amount and terms of payment of alimony. According to the document, the document is attached to the case, and the judge explains to the parties the consequences of concluding such an agreement. If it is approved by the court, it issues a ruling to terminate the proceedings, which also includes the terms of the concluded agreement. If such a settlement agreement is subsequently violated, the recipient of the alimony can issue a writ of execution and begin enforcement.

Consequence of non-payment - risk insurance

There may be a situation in which the validity of the contract may be jeopardized. The reason is the financial insolvency of the debtor.

The alimony agreement must include the following items:

1. There is nothing wrong with including penalties for late payments. The recommended rate is 0.1% of the amount of payments per day. The contract may provide for the transfer of debt into an asset of movable or immovable property;
2. All payments must be made via bank transfers. It’s convenient for everyone – the recipient of funds and the sender. The sender does not need to prove the fulfillment of the contract in the event of possible litigation;
3. flexibility of conditions. If the debtor has difficulty in fulfilling, give the opportunity to replace payments with delivery of products. Invoices from stores will be included in the total cost of material support.

Pros and cons of an alimony agreement

Returning to the voluntary alimony agreement, let us pay attention to the advantages and disadvantages of this method of resolving the alimony dispute. Let's start with the pros:

• the voluntary nature of the conclusion is the main advantage of this transaction. It allows you to avoid court proceedings, while claiming conditions for the child that are much better than the court can establish.
• legal force of the contract. A settlement agreement cannot be viewed as a way to avoid paying under a writ of execution. Certified by a notary, it has the force of a writ of execution, and therefore allows you to initiate the forced collection of alimony, as by a court decision.
• freedom of content. The parties can determine the conditions for payment of alimony that will suit both of them, thereby changing the conditions established by law (if they do not violate the interests of the child).
• ease of compilation. It is enough to draw up an agreement yourself and contact a notary to have it certified.

Let's pay attention to the disadvantages:

• possibility of challenge. The law defines the grounds for invalidating an agreement. These are both general grounds established and cases of violation of the interests of the child by the provisions of the document. Having discovered one of them, interested parties can, through the court, declare the contract invalid and cancel it.
• additional expenses. In some regions, the cost of registration can even exceed 10 thousand rubles.
• limited action. When drawing up an agreement, the payer may leave some “loopholes” for himself, for example, the right to terminate payments or reduce their size if certain conditions are met (for example, disability, illness, decrease in income, and so on).
• impossibility of unilateral refusal to execute or accept funds. All this is possible only by mutual agreement or through court - more on that below.

The procedure for changing a settlement agreement on alimony

The agreement to pay alimony can be changed in the same manner as it was concluded, that is, through a notary. This action is possible only voluntarily, that is, with the participation of both parties.

If one of the parties does not want to change the agreement, the other has the right to file a claim in court.

However, in order to actually change the terms of the agreement through the court, the party will need to provide significant evidence of such a need, for example:

• a significant decrease in earnings;
• increased expenses due to the appearance of a new dependent;
• difficult life circumstances (illness, etc.).

Making changes and terminating the agreement

As mentioned above, the alimony agreement cannot be changed or terminated unilaterally. Even if it is provided for in the agreement, such a provision should be considered invalid.

If the parties still cannot agree, changes to the contract or termination can be done through the court. But to obtain a positive decision, compelling reasons will be required: for example, significant changes of a material nature, the birth of another child, or any other fact worthy of attention.

If the parties have agreed, they can make changes or terminate the agreement only through the same agreement. Simply put, before terminating the contract, they need to enter into an agreement on its termination and have the latter certified by a notary. Any such manipulation must also take into account the interests of the minor.

Agreement to waive alimony

There is an opinion that alimony is the right of one of the parents, and therefore it can be waived by writing a corresponding statement. This is actually a misconception - the law does not allow parents raising children to refuse alimony, since this would clearly be contrary to the interests of the child. In particular, it will violate his right to content. But in practice, such a refusal is indeed possible, but it will take a different form, depending on the conditions and procedure for collecting alimony. So, you can refuse payments:

1. Without filing for alimony if there has not yet been a trial, or without submitting a writ of execution to the FSSP if it has been received;
2. By writing an application to the FSSP for the return of the writ of execution (writ of execution, alimony agreement), if enforcement proceedings have been opened;
3. By terminating the alimony agreement by mutual consent.

Learn more about how to refuse child support.

What type of deduction is most preferable?

The law does not establish special requirements for the amounts that a spouse will receive. The determination of support depends on the financial capabilities of the debtor.

The following options are most preferable:

1. if a person does not have a stable income (for example, an unemployed person), it is possible to transfer his free property for rent - with simultaneous payment of alimony (instead of rent, any compensated transaction can be included);
2. payments imply not only the receipt of a certain income, but also the provision of compensated services on account of the debt. For example, as in the above case, the debtor will provide an apartment for the child and mother to live in;
3. You can formalize a donation of real estate with an indication in the subject that this property was used to pay off future material support.

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How to collect alimony by agreement

The collection of alimony is an initially coercive measure, contrary to the spirit of the alimony agreement. However, even after signing it, not all parents prefer to fulfill their obligations. Therefore, forced collection is possible even if there is an agreement. Especially for this purpose, paragraph 2 made the alimony agreement equal in strength to the executive document. This gives the recipient the right:

• contact the FSSP without first going to court. Based on just one agreement, bailiffs have the right to open enforcement proceedings, calculate the debt, apply enforcement measures and other liability measures.
• contact him at the debtor’s place of work. According to October 2, 2007, the claimant has the right to submit documents at the place of work to foreclose on the debtor’s salary, if we are talking about periodic payments, which are alimony.

Read more about collecting alimony.

Procedure for paying alimony by agreement

In accordance with , the parties to an alimony agreement have the right to independently determine the procedure and methods for transferring alimony payments. As a rule, they stipulate a deadline by which the money must be credited, as well as the method for transferring it, for example:

• to a bank card: the agreement specifies the details that the debtor provides to the accounting department at the place of residence or transfers money to them independently;
• by postal transfer: money arrives at the recipient’s residential address;
• in the hands of the recipient: the money is transferred in person, and payment is confirmed by a receipt.

Subjects

Persons who have rights and responsibilities in any relationship have the status of subjectivity in these relationships.

Subjects of alimony relations are no exception. The person obligated to pay alimony is one party to the relationship who has only obligations - the alimony payer. The person entitled to receive alimony is the other party - the recipient of alimony.

Subjects obligated to pay alimony are: parents, adult children, spouses, ex-spouses, brothers and sisters, etc.

Recipients of alimony include minor children, disabled adult children, disabled spouses, elderly and disabled parents, etc. Such persons have the right regardless of age and legal capacity.

In accordance with Art. 99 of the RF IC, in the event of incapacity of the person obligated to pay alimony and (or) the recipient of alimony, an agreement is concluded between the legal representatives of these persons; persons who are not fully capable enter into an agreement on the payment of alimony with the consent of their legal representatives.

Legal representatives do not act as parties to the relationship, but as a person facilitating the fulfillment of the rights and obligations of the represented person.

Liability for non-payment

It does not matter on what basis alimony is collected - if a debt is formed, the evader can be held accountable. Among the measures that threaten him:

• methods of enforcement: arrest and sale of property, ban on leaving the country, ban on using a driver’s license, arrest, enforcement search, and so on;
• penalty for debt: the law allows you to collect 0.5% of the alimony debt for each overdue day;
• removal from raising a child: if the maliciousness of the evasion is proven, the parent may be deprived of parental rights;
• administrative and then criminal punishment: if the debt period exceeds 2 and 4 months, the debtor faces liability ranging from an administrative fine to a prison term.

Arbitrage practice

Since the assignment of alimony under an agreement does not require court proceedings, the court can only consider issues of modification, termination or invalidation of the agreement.

So, . Moreover, the plaintiffs in such cases are third parties - interested credit organizations or private borrowers. As a rule, creditors referred to the violation of their legitimate interests by such agreements, and were almost always supported by the courts. By protecting the rights of creditors, the courts recognize their claims as justified, and therefore...

As for other issues, judicial practice on termination/amendment of contracts is quite scarce; such cases, frankly speaking, are rare. When considering such cases, judges seek to determine the existence of valid reasons for unilateral termination/change of the agreement. This could be the loss of a significant part of income or, for example, the appearance of a child in another family. Nevertheless, we admittedly failed to find at least one such decision by which the court satisfied the plaintiff’s demands to change/terminate the agreement.