How to prove the fact of payment of alimony if the funds were transferred by oral agreement, rules for drawing up a receipt

By law, both parents are required to provide for the child - one directly, the other with the help of alimony. Situations when a father or mother does not pay the required funds for child support are understandable. Not all parents are so unreliable; many regularly help their own children, both with alimony payments and voluntarily. But the parent who received the money unofficially is not always satisfied. It is not uncommon for mothers to go to court with accusations of failure to fulfill parental obligations. And then the question arises: is it possible to prove that he paid alimony or will he have to pay everything again?

In what cases is it necessary to confirm payments?

Marriages fail for a variety of reasons, and relationships in the future are quite difficult. If a couple managed to separate without quarrels or scandals, alimony payments often occur by verbal agreement.

Drawing up a written agreement is often neglected in the belief that the relationship will never change.

But in fact, the simplest document can make life much easier in the future and help avoid unnecessary claims and proceedings. It can never be ruled out that the other party will not want to take revenge and demand an even larger amount of money, even despite supposedly good relations. Taking such a step is simple - you just need to file a claim for non-payment of documents.

And at this moment it will be very difficult for the payer to prove his innocence. The parent can and did pay - personally, by transfers on a card without any signatures and in other ways, but in court it turns out that he did not pay a penny to the child for the entire period.

How to prove that you paid alimony unofficially

When it comes to court proceedings, it is necessary to know exactly what evidence the court considers indisputable and what is doubtful and insignificant.

You need to prepare carefully for the trial. Initially, you can cheat and notify your spouse that there is indisputable evidence of payments - the case may not go to court.

Strong arguments in court include:

Receipts for the provision of money with the specified amounts and date.
Documents from the accounting department about the transfer, if the funds were transferred to salaries.
Bank documents - checks for money transfers indicating the purpose of payment.
Receipts if transfers were made by mail.

It is important to remember that if it is possible to obtain a receipt or check, it is worth doing. In the future, such actions may protect against unfounded accusations.

The court recognizes the following as indirect and unreliable evidence:

Witness's testimonies.
Video and audio recordings.
Correspondence and similar evidence.

But, if you can find at least some evidence, this will significantly increase the chances of a positive verdict from the judge. You should not build alimony relationships on trust alone; one day it may end badly.

How to prove that you paid alimony without an agreement

Often, spouses, left alone with a child, come up with various options for how to prove that the husband does not pay alimony, even if payments have been agreed upon and are received regularly. Each individual case requires an individual approach to consideration.

Sometimes the situation is not the best for the child support payer, without concluding a voluntary agreement or statement of claim, the amounts and dates for transferring contributions to the child were agreed upon. But at one point the wife decides that the money is not enough for her and files a lawsuit demanding to pay the entire amount for previous years. What can be done in such a situation? It is necessary to collect all existing evidence, prepare receipts and any evidence indicating the innocence of the defendant - these should be presented to the court and await the final decision.

It is important that all receipts include a note that these funds are alimony payments - such evidence will be considered indisputable by the court.

How to protect yourself from such problems?

The best way to protect yourself from such a situation is to regularly collect receipts and other documents regarding the payment of alimony. For greater reliability, such documents must contain the transfer amount, the name of the recipient and sender, as well as the time of payment.

All oral agreements with the ex-wife must be confirmed with a receipt, ideally certified by a notary.

It may also happen that the ex-wife does not accept alimony. But at one point she may file a claim for their payment. In such a situation, you will have to pay a large amount. But there is a way to insure yourself if the mother refuses to accept money: you need to open a bank account in the child’s name and replenish it yourself every month.

The main thing to remember is that in any case, the first thing you need to do is contact a professional lawyer who will help you find and collect all the evidence. And he will also worthily defend his father’s point of view in court.

What to do if the mother wants to collect child support for the entire limitation period

Article 107 of the Family Code makes it possible to collect alimony not only for the current period, but also for the entire past period. This situation becomes possible if the plaintiff proves in court that he did not receive any alimony payments from the defendant. You can receive payments for a maximum of three past years.

Usually, the reason for starting a lawsuit is the insufficient amount of alimony to support a young child. The amount of child benefits is also very small, and if the ex-wife lives in a rented apartment, there will be a catastrophic lack of money for subsistence.

What to do if a woman demands money for the past period?

According to Art. 107 of the RF IC, a woman has the right to demand funds for a child not only for the future period, but also for the period when the man evaded alimony, but no more than for the last 3 years.

It should be said that even if there is no written evidence of payment of money to a minor, in most cases the father should not worry. The fact is that it is possible to award alimony for the past time only if the woman can prove that she did not receive funds, was actively looking for an opportunity to claim the money, and her husband maliciously evaded payment. In practice, this is almost impossible, but this does not mean that it is allowed not to help the child or not to record the fact of payment of alimony.

A citizen who pays child support voluntarily always runs the risk of being accused of failing to provide financial assistance to a child. To prevent this from happening, in each case of sending or transferring funds, he must receive a document confirming the fact of payment of alimony for a minor. When handing over money in person, it is recommended to draw up a receipt.

Examples from judicial practice

The district court of the city of Krasnoyarsk considered Ivanova’s statement of claim sent to the FSSP service. In the statement, the woman indicated that there was an alimony agreement between her and her ex-husband. Ivanov did not fulfill his obligations for a long time, and the woman kept hoping that her husband would come to his senses and begin to help his daughter. After the plaintiff learned about the right to contact the bailiffs, she wrote a statement and petition to recover funds for the entire time. The court's decision was negative, since the agreement had expired and was not reinstated by the court - this is the basis for refusal of enforcement proceedings in accordance with Article 31 of the Federal Law “On Enforcement Proceedings”.

The couple divorced in 2014, leaving their two common children to be supported by their mother. The former spouses maintained a good relationship, so they verbally agreed that the man would bring 30,000 rubles every month to provide for the children. The father transferred the money in good faith, but in 2021 the mother decided that this amount was not enough and filed a claim in court. In the lawsuit, the woman indicated a demand to recover funds from 2014 to 2021 that were not paid. At the court hearing, the man provided bank statements and checks, which showed monthly transfers with a note. The court refused to satisfy the plaintiff's request and set the amount of payments at 33% of the defendant's salary. The new amount was 23,000 rubles. Thus, the ex-wife not only did not win the case, but she herself reduced the amount of monthly payments.

What to do if a claim for compulsory collection has been initiated

It is necessary to distinguish between the concepts of collection of alimony through the court and monetary payments that the parties agreed upon voluntarily. In the first case, the ex-spouse undertakes to pay alimony without charging a penalty. If the spouses previously executed a writ of execution, but the payer did not fulfill the obligation, upon filing a claim, a penalty will be charged for the entire overdue period of time. Also, the alimony provider may be brought to administrative and criminal liability for evasion.

If the alimony payer paid alimony in good faith, but the spouse decided to file a claim with the court about the debt, you will have to find evidence, otherwise you will have to re-transmit the previously paid funds.

Control over payments under the writ of execution is carried out by the bailiff. All emerging issues are also resolved through him:

The claimant may be interested in the progress of the case and request that FSSP employees take additional measures.
If the payer is hiding from his wife and the court, the bailiff has the right to seize his accounts and property and put him on the wanted list.
If the parent is not hiding and is officially working, a copy of the writ of execution is sent to the accounting department, which deals with child support payments.

An often common problem is the question of how to prove that you paid alimony on a card under a voluntary agreement or transferred the funds personally. If in court it is possible to prove past payments, the defendant will receive a writ of execution for mandatory payments. Payments for past dates will not be charged.

Enforcement process:

The plaintiff applies to the court to collect alimony for the last three years.
After reviewing the documents, the judge makes a decision and issues a writ of execution.
With the writ of execution, the plaintiff turns to the bailiff, who carries out the court decision.
Enforcement proceedings are initiated.
A copy of the resolution to initiate an individual entrepreneur is sent to the payer. It indicates the amount of debt that he needs to repay within 24 hours from the date of receipt of the document.
The defendant has to pay child support again.

Repeated payments can be avoided if it can be proven that the funds were regularly received by the ex-spouse and there was a previous oral agreement that alimony would be paid without litigation. If there is no evidence, you will have to pay the entire amount again.

When does it become necessary to confirm payments?

The advantage of the above option is that there is no need to spend money on court, certification of documents, and fees.
On the other hand, these legal relations are of a purely confidential nature. No one is immune from a sudden outbreak of conflict between an ex-husband and wife, which will result in the offended parent left with the child going to court to declare that the child support provider is shirking his responsibilities. Moreover, it is possible that the money will not be claimed for the past period. What to do in such a situation? What evidence can be provided for payment of alimony? In practice, the need to prove the retention of money for a minor often arises in the following situations.

When there was no official basis for payments

The situation when the mother and father of the child do not enter into a notarial agreement or do not bother going to court is fraught with consequences for the obligated party. Only the recipient wins, because the receipt of money is not officially recorded anywhere. This point is especially relevant for those who want to apply for subsidies at the social welfare department.

But the payer should be careful. At any time, the recipient of funds has the right to apply to the court with a statement of claim for the recovery of alimony. Moreover, in accordance with paragraph 2 of Art. 107 of the RF IC, it is allowed to claim money for the previous three years.

The situation is complicated by the fact that it is required not only to prove that the father paid child support unofficially, but also to confirm that the contributions were intended directly for the child.

When enforcement proceedings are initiated for forced collection of debt

When there is an official basis for payments, citizens do not always care about choosing the appropriate method of transferring money. It happens that the father pays funds for the child “the old fashioned way” from hand to hand for a long time, fulfilling his duty, as expected, on time and in the required amount, and the woman at some point sends a writ of execution to the FSSP.

The result is the initiation of enforcement proceedings. From the moment the bailiff makes the decision, he begins to control the movement of funds. In principle, this has no consequences for the man - he just needs to continue transferring money to the woman further. Only from the moment the proceedings are initiated, it is necessary to make payments in the prescribed manner, more closely monitoring the movement of funds.

But there are situations when, when making a demand to initiate proceedings, a woman indicates in her application the amount of the debt, insisting that the man allegedly did not make payments. It is not always possible for a father to prove to a bailiff that he paid alimony, especially when there is no written confirmation of this.

In this case, the bailiff sends the obligated party a copy of the resolution to initiate proceedings, which indicates the amount of the debt. The requirements of the FSSP employee must be fulfilled within 24 hours from the date of receipt of the document. If the man fails to prove that he made contributions for the child, he will have to make payments again. Evasion from execution of the bailiff's order may result in the payer being subject to administrative liability, blocking his accounts and other coercive measures.

When the bailiff made an incorrect calculation of the debt

When receiving a resolution with the amount of debt for payments, alimony workers are faced with a situation where the money paid turns out to be unaccounted for.
This often happens if funds are received by a minor in various ways. Due to confusion, errors in calculations may occur. In addition, even if payments are officially assigned, they must be transferred to the recipient in a certain order. Thus, the legislator distinguishes between the concept of alimony and additional expenses for children. For example, if the father transfers money to a bank card, then in the “Purpose of payment” column you need to indicate “Alimony”. Funds for holiday gifts or assistance for medications are not always recognized by the bailiff as alimony payments, so they may not be taken into account when calculating the debt. In addition, sometimes the payers themselves confuse the profits from which it is obligatory and not obligatory to withhold money for the child.

For example, if funds for children are transferred from an inheritance, this simply cannot be considered alimony.

One more point - you cannot deviate from the provisions of a notarial agreement or a court decision. If it specifies a specific payment method, you should pay according to it (Clause 1 of Article 116 of the RF IC). For example, in November 2021, case No. 2a-9159/2017 was heard. The circumstances were as follows: the parents entered into an alimony agreement, according to which the father had to pay 30,000 rubles per month for the child. But instead, he gave his mother the amount of 2,000,000 rubles (this fact was recorded in a receipt). The woman, despite this, turned to the bailiff and stated that her ex-husband did not pay alimony. A calculation of the debt was made, which the child’s father tried to challenge in court. The result of the dispute was a loss

men, because, according to the court, the terms of the alimony agreement were violated. Money in the amount of 2,000,000 rubles was recognized as financial assistance to the child for personal needs.

Thus, the alimony provider must always control the procedure for transferring money to a minor. This must be done using special documents.

What to do if the bailiff incorrectly calculated the debt

There are situations when bailiffs make mistakes and do not take into account previously paid money when calculating the amount of debt. This usually happens if funds were credited in various ways: in cash, through a bank, or by mail.

To avoid such situations, you must follow simple rules:

When transferring alimony in cash, take a receipt.
When transferring through a bank, make a note as alimony in the notes to the payment and save the receipt.

If the funds were transferred with the mark “to a child as a gift,” the funds may not be counted as a child support payment.

If the parents have entered into a voluntary agreement, it is necessary to follow its points. If it was indicated that payments occur in a fixed amount on a certain day, this should be done. Funds transferred to a spouse outside the payment schedule may not be counted as alimony payments.

Is a receipt acceptable evidence?

In the legislation, a receipt for receipt of alimony is interpreted ambiguously. According to the Civil Code of the Russian Federation, it can be used when issuing money in debt and alimony agreements.

However, some judges do not recognize the receipt as valid evidence, arguing that it must be notarized.

Before you pay out funds and receive a receipt, you must make sure that it contains all the information and was drawn up correctly.

Each case is individual, it all depends on the judge who will hear the case. But in most cases, the receipt serves as secondary evidence.

How to confirm payment of alimony?

Having studied several effective methods, you can understand how to prove that alimony was paid on time and the plaintiff’s demands for recovery of the amount are illegal:

Keep all checks and transfer receipts. This is relevant if funds are transferred to the recipient via mail or bank. They must indicate the purpose of the payment, details of the recipient and sender, as well as the time period for which the funds are transferred. It is advisable to keep these documents for the next three years after the operations are completed.
Order a bank account statement. If the father regularly transfers funds through his personal account from a card or through a bank office, you can contact its employees directly to issue a statement for all periods for which the mother is trying to collect child support.
If money is handed over personally, make audio and video recordings. A few years ago, they were officially accepted as evidence in court, so men can also use them to prove their case.
Each time you transfer funds, require a receipt from your ex-wife. It must indicate the full name. recipient, passport details, date and place of transfer of alimony, amount, as well as purpose - alimony. The recipient's signature is always added at the end.
Bring witnesses. If uninterested parties were present each time payments were transferred, they may be called upon to testify in court.
Order a certificate from your place of work. If alimony was withheld automatically, but for some reason was not counted and the bailiff again demands payment, the certificate can serve as evidence. It indicates the exact dates of the transfers and their purpose.

Using the materials presented above, the payer can prove his case in court if the ex-wife claims that he did not pay benefits for the maintenance of a common child, although in fact payments were made.

Another problem that alimony obligees face is that they do not know how to prove that alimony was paid on a card. Everything is very simple here: when using your personal account in online banking, the payment history is displayed with comments about the purpose. For example, Sberbank has such a function. If the payer uses a card from another financial institution, you will have to visit its branch in person to order a statement.

Methods of proof

Proving the existence of alimony payments if they were made unofficially is quite simple if there are any physical documents of the transfers.

The evidence base for transferring alimony includes:

Providing receipts from the recipient, as they are an official document and confirm the payment.
Statement of transactions on bank cards, if payments were made using a non-cash transfer from the payer's card to the recipient's card, or were transferred from the personal account of the alimony-obliged person to the alimony recipient's account. This method of confirming transfers works even if there are no receipts for receipt of funds.
Receipts and checks for the transfer of funds to the recipient’s personal current account, if the funds were transferred using banking transactions at the institution’s cash desk.
Testimony of witnesses, if they directly declare personal presence during the transfer of funds. This method of proof is the most difficult, since the testimony of citizens is only indirect evidence that is not supported by documents.
Video and audio recordings of negotiations regarding the transfer of funds or directly during the transfer of alimony to the recipient. In this case, the records will serve as irrefutable evidence of the payment of alimony.

If for some reason the payer is unable to obtain such evidence of alimony transfers, then, unfortunately, there is a high probability that the court will side with the recipient. Most often, such situations arise if the payer provides alimony funds in cash without any receipts or other supporting documents.

When transferring money from hand to hand

The transfer of alimony in a personal meeting must be accompanied by the issuance of a receipt from the recipient. The form of this document is arbitrary, but a number of requirements apply to it:

the receipt is written by hand or printed (it is possible to issue it on a ready-made form, which is partially filled out by hand);
handwriting must be legible;
the transferred amount is written in numbers and in words, indicating the currency of the funds;
the period for which the money is paid and its purpose must be indicated;
errors and corrections in the document are unacceptable; if they are present, the receipt is liquidated and a new one is drawn up;
Both parties sign the paper with the obligatory indication of the last name, first name, and patronymic of both the payer and the recipient.

The receipt is drawn up in one or two copies. When the alimony payer transfers the amount agreed upon in the document, the recipient signs and gives a receipt. The purpose of the document is to confirm the absence of claims for alimony obligations for a certain period. This document has legal force even without the participation of a notary. However, if the payment of alimony occurs over a long period of time and the amount is large, it would be useful to play it safe and go through the registration process with a notary.

There are situations when the mother did not receive money or does not remember this fact, but there is a receipt for receipt. Suspicions arise about the invalidity of the submitted document. In such cases, they turn to the bailiff with a request to conduct an examination of the document.

Receipts for postal orders

If in the case of a bank you can always take a statement, then with the mail it is more difficult - and therefore it is highly advisable to save receipts for postal orders if you pay alimony by mail.

Other confirmations

The worst option is if you paid in cash and cannot prove the fact of transfer of money using any of the methods listed above. That’s when the chances really arise that the court will recognize you as a defaulter and force you to pay again. But even in this case, you can change the situation in your favor if you have video or audio recordings that clearly confirm that you paid alimony at least once. After all, even if only individual payments are proven, this may already serve as a basis for the judge not to assign payments for the past period, but only to assign them for the future, transferring unofficial alimony to a completely legal level. Witness testimony can also help, proving that alimony was actually paid regularly.

However, unlike documentary evidence that clearly confirms that you paid alimony on time and in the right amounts, in this case everything will depend on the judge’s mood. Because only individual payments can be confirmed using video or audio recordings, as well as testimony, and the judge will draw conclusions about whether the father really paid everything he was supposed to or made only a few separate payments.

Certificates from the place of work

Paying through the accounting department at your place of work is also a good solution, since it should completely protect you from possible charges. All financial transactions are saved in the company’s reporting, because accountants themselves need to report on where they transfer money (in this case, part of your salary), which means that at any time you can get a certificate about when, in what volume and to whom payments were made from your earnings.

Is a receipt acceptable evidence?

However, some judges do not recognize the receipt as valid evidence, arguing that it must be notarized.

Before you pay out funds and receive a receipt, you must make sure that it contains all the information and was drawn up correctly.

Each case is individual, it all depends on the judge who will hear the case. But in most cases, the receipt serves as secondary evidence.

How to make a receipt?

By law, the receipt does not require notarization and can be drawn up in a simple form. But it is important to follow basic rules:

All the circumstances of the transfer of money are clearly described: when, where, at what time the recipient accepted the alimony, in what place (address).
It is better to draw up a receipt by hand; a calligraphic examination may be carried out in the future.
It is recommended to draw up the paper in the presence of witnesses - their details must be included in the receipt.
The receipt must be filled out in clear handwriting, without errors or blots.

The receipt must contain the following information:

The amount of money transferred to the recipient – in numbers and in words.
Rubles and kopecks are indicated separately when written.
The document must contain the signatures of two parties - the payer and the recipient.
Personal data about the two parties: full name, passport details.
Place and date of transfer of funds.
The stated purpose is alimony.
Information about the child.

If at least one point is not observed, the receipt may be invalid in court.

How to make a receipt?

By law, the receipt does not require notarization and can be drawn up in a simple form. But it is important to follow basic rules:

All the circumstances of the transfer of money are clearly described: when, where, at what time the recipient accepted the alimony, in what place (address).
It is better to draw up a receipt by hand; a calligraphic examination may be carried out in the future.
It is recommended to draw up the paper in the presence of witnesses - their details must be included in the receipt.
The receipt must be filled out in clear handwriting, without errors or blots.

The receipt must contain the following information:

The amount of money transferred to the recipient – in numbers and in words.
Rubles and kopecks are indicated separately when written.
The document must contain the signatures of two parties - the payer and the recipient.
Personal data about the two parties: full name, passport details.
Place and date of transfer of funds.
The stated purpose is alimony.
Information about the child.

If at least one point is not observed, the receipt may be invalid in court.

Rules for drawing up receipts

Lawyers recommend adhering to the following rules.

Describe the circumstances of the transfer of money as accurately as possible, calling things by their proper names.
The document must be written by hand. This is done so that in case of a dispute there is an opportunity to conduct a handwriting examination. Although the machine filling method is not expressly prohibited by law.
Bring witnesses. If the case comes to trial, they will be able to confirm that the money was transferred without any coercion, and that its delivery actually took place. Data about third parties must be included in the document. The involvement of witnesses is not necessary, but when transferring large sums it will not hurt, because the examination is appointed only in exceptional cases. There is no need to have the receipt certified by a notary; a simple written form is sufficient. Requirements:

easy to read text without errors or blots;
The sheet format does not matter;
The use of a free-form form is permitted, but ultimately handwritten text should prevail;
special attention should be paid to numbers - amounts and dates;
the amount must be recorded in words and numbers;
The currency must be precisely defined, kopecks are indicated separately;
It is imperative to sign the person who received the money; it is welcome when both parties have endorsed the document.

The receipt should include the following information:

FULL NAME. parties, their passport details;
contact information of the payer and recipient of funds;
place of drawing up the document and transfer of money;
date;
the purpose of the transfer of funds is alimony payments;
information about the child for whose maintenance money is paid;
sum;
signatures.

If there are witnesses, their full names, passport details, addresses and contact information are reflected. The alimony provider must insist that a document be drawn up every time money is transferred. He needs to keep the receipts at least until the child turns 21 years old - until this period, a claim from the recipient of funds for the collection of alimony for the past period is not excluded.

In what cases is a mother interested in proving that her husband paid alimony?

There are situations when it is the mother who needs to prove the fact of payment of alimony by her husband, the father of their child. This happens in situations:

When the mother of a child from her first marriage also demands the collection of alimony.
When the guardianship authorities launched the mechanism for depriving the father of parental rights.

In such cases, even if the man did not record payments, evidence will be any facts indicating the father’s active participation in the children’s lives.

To avoid situations in which you have to rack your brains over the question of how to prove that you paid alimony, you need to draw up a mutual agreement and make payments in accordance with it. If no agreement has been drawn up, take care to obtain receipts and save payment receipts. Even the best relationships between former spouses can deteriorate, and you will have to prove your own innocence in court.

What documents can be used to prove that the father paid money?

If a person pays child support voluntarily, then it would not hurt him to think about how to protect himself in case of debt collection in the future. In addition, witness testimony, as the Supreme Court explains, cannot be evidence of the transfer of money. You can confirm the payment of alimony using the following documents:

Receipts for postal transfers. It is highly not recommended to throw away these documents, since from their contents you can find out information about the sender, recipient, date and purpose of transferring funds. This information is usually sufficient to confirm payment of child support.
Receipts for purchases for the child. They are especially relevant when the agreement refers to the provision of assistance in kind. Fathers often help children with gifts in the form of clothes, toys, books, food, furniture and other necessary things. It is necessary to keep all receipts from which it is clear that the purchase is intended for a son or daughter.
Statement of account. When making a transfer, it is recommended to indicate the purpose of the payment.
Bank transfer receipts. With their help, you can prove that you paid alimony to the recipient on the card by depositing cash into the cash desk of a financial institution.
Certificate from work. You can check whether the accountant makes deductions from wages by requesting from the economist a document that will indicate the amount of payments, the procedure and frequency of their write-off.
Receipt. Under certain conditions, it can be considered evidence that the man pays alimony. It will be discussed in more detail.

If there is no such evidence, you can enlist the support of witnesses and present to the judge or bailiff an audio or video recording of the transfer of money. But it is impossible to guarantee that using these means it will be possible to prove the fact of payment of alimony.