Voluntary agreement to pay alimony without pitfalls

Payments of alimony payments are regulated by the Family Code of the Russian Federation. Alimony is required to be paid by the party that shirks the responsibility to raise and support the child or spouse. There is a common belief that it is usually the man who pays alimony, but as practice shows, the courts often hear cases where mothers withdraw themselves from raising their children.

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Russian legislation protects the rights of the child and the disabled spouse, therefore in most cases there is a voluntary payment of alimony , then the parties are able to circumvent many conflict situations. If the former spouse does not wish to voluntarily support the child and spouse, there are various levers of influence on the person recovered within the framework of the law.

Who can qualify for alimony in 2021

Alimony payments are targeted funds that are paid to the party who is raising the child, or to the low-income spouse. All categories of the population entitled to alimony are clearly defined in the Family Code; for each there are certain features of collecting funds:

1. Children under 18 years of age - collection is made from the parent who left the family.
2. Adult children (if the child does not have the opportunity to support himself independently, for example: full-time education).
3. Upon divorce, the husband is obliged to pay alimony to his wife if she is pregnant before the child is 3 years old. This point is valid in the case of establishing the paternity of a given child.
4. The spouse who is raising a disabled child (under 18 years old).
5. A spouse who turns out to be disabled during the period of cohabitation may receive alimony for 1 year after the divorce.
6. A spouse who became a pensioner during their marriage and is low-income. Payments are made within 5 years after the divorce.

There are several options for withholding alimony:

1. Voluntary payment of alimony by mutual oral agreement - the amount, terms and other conditions are agreed upon by the parties without the preparation of official documentation. In this case, in order to avoid conflict situations, it is recommended to document all receipts of funds with receipts, and also to save all payment documents (invoices, checks, receipts, etc.) confirming the fact of transfer of money.
2. The most preferable option is a voluntary agreement to pay alimony. This document is notarized and is usually drawn up after the divorce, but if desired, it can be done during the period of the spouses’ coexistence.
3. Withholding of alimony by court decision is made in cases where the defendant does not want to voluntarily fulfill his obligations. Meanwhile, if we are talking about a child, then both parents are required to participate in the process of upbringing and maintenance; when entering into a legal marriage, everyone must be aware of their civil responsibility to their spouse and provide for him properly if he has lost his potential. It is always possible to apply for alimony if it is legal to receive it. All documents for withholding alimony must be submitted to the official place of work of the defendant and are subject to execution by officials.

How to pay child support correctly without drawing up an agreement

Withholding alimony by oral agreement of the parties is the most unreliable method. Usually, if the parties managed to agree for a certain period, then various disagreements arise that cannot be resolved by any official documents. Therefore, alimony must be voluntarily transferred by receipt. There are a number of requirements for the execution of this document so that it subsequently has legal force:

1. The receipt must be written in clear handwriting.
2. All information about the payer and recipient must be included: last name, first name, patronymic, address, passport details.
3. It is better to record each fact of transfer of money in the presence of a witness, who, in the event of proceedings in this case, can confirm that the transfer of money actually took place. The receipt also contains all the information of the witness.
4. The amount of alimony (required in two versions: in numbers and in writing).
5. Signatures of the parties and the witness.

It makes sense to have the receipt certified by a notary so that the document has legal force. It is clear that it is quite difficult to formalize each deduction of alimony with a receipt, so if the person being recovered does not evade payment, it is easier to draw up a notarized agreement.

Registration of a voluntary agreement on the payment of alimony in 2021

An alimony agreement is an agreement that clearly coordinates the procedure for paying alimony. It can be drawn up by spouses in cases of low income of one of them, the child’s legal parents in case of divorce, the child’s adoptive parents or guardians (if there are no legal parents or they are incapacitated), or a child aged 14 to 18 years independently. It, without fail, indicates all the significant conditions of payment: frequency, size, possibility of using property, vehicles.

The amount of alimony is agreed upon by the parties and can be no more than 50% of the parent’s official earnings and can be stated in the form of a specific amount, a certain percentage, or some part of the earnings. It is also mandatory to indicate the payment procedure: withheld directly through the employer, payments to the recipient’s account or in cash. An alimony agreement sometimes provides for indexation of the amount of payments based on various conditions: price levels, changes in the minimum wage.

Agreement on payment of alimony in a fixed amount for child support

AGREEMENT on the payment of alimony in a fixed amount for the maintenance of a child. ___________________________________, _________________________ (name of place of identification) (date in words) Citizen__ ____________________________________________________________, (last name, first name, patronymic) passport series ______, N ________, issued ___________________________________ __________________________________________, TIN __________________________, hereinafter referred to as__ “Alimony payer”, on the one hand, and citizens__ _______________________________________________________________, (last name, first name, patronymic) passport series ______, N _______, issued by _____________________________________ ___________________________________, TIN _____________________, acting__ as the legal representative of the minor(s) ____________________________________________________________, certificate (last name, first name, patronymic of the child) on the birth of _______ ___________________________ dated “___”____________ ___, hereinafter referred to as ____ “Recipient of alimony”, on the other hand, we have entered into this agreement as follows: 1. SUBJECT OF THE AGREEMENT 1.1. In accordance with Article 80, as well as Articles 99 - 101 of the Family Code of the Russian Federation, the Payer of alimony provides the Recipient of alimony with maintenance (alimony) for the minor(s) ______________ __________________________________________________________________________, (last name, first name, patronymic of the child) and also makes other payments established by this agreement. 1.2. This agreement is valid until ________________________________ (the child reaches a certain age (for example, 18 or 24 years), the occurrence of a certain event (for example, adoption), a specific date, the Payer receives income from __________ to ___________ rubles, etc.). 2. SIZE, FORM, TERMS AND PROCEDURE FOR PAYMENT OF ALIMONY 2.1. Under this agreement, alimony is paid by the alimony payer monthly in the form of a fixed sum of money, the amount of which is __________ (_____________) rubles. (amount in numbers and words) 2.2. Payment of alimony under this agreement is made until the _____ day of the month for the current month.

2.3. Payment of the above funds is carried out by transfer to a bank account or delivery of cash to the Recipient of alimony. Documents confirming the Payer’s fulfillment of its obligations are:

- receipt of the Recipient of alimony - for cash payments;

- banking and accounting documents - when making payments by transferring funds to a bank account;

— documents confirming the deposit of the appropriate funds into the notary’s deposit.

2.4. The Payer transfers alimony to the bank account of the Recipient of the alimony, which has the following details: _____________.

2.5. All costs associated with the transfer of money are borne by the alimony payer.

2.6. The amount of alimony established under this Agreement cannot be lower than the amount of alimony that the child could receive if alimony was collected in court.

2.7. If the Payer receives payments more than _____ or less than ______ rubles, the amount of alimony is recalculated in accordance with Article 81 or 138 of the Family Code of the Russian Federation.

2.8. Indexation of the amount of alimony is carried out in accordance with Art. 117 of the RF IC, in a manner similar to the procedure for indexing alimony collected by court decision.

2.9. The payer pays expenses for treatment, vacation, education abroad in rubles at the rate of the Central Bank of Russia of the corresponding currency on the date of payment in the amount of ______ percent based on proper documents.

2.10. The payer has the right to increase the amount of alimony paid based on a written application. The application indicates the amount of alimony, the details of its recipient and the date from which the alimony will be withheld. At the request of the Payer, payment of the increased amount of alimony may be terminated.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The alimony payer undertakes:

— notify the employer (employers) of the existence of this Agreement and submit it for payment of alimony;

— pay alimony, as well as other payments provided for in this Agreement, on time and in the appropriate amount;

— promptly notify the Recipient of alimony about a change in his place of residence, about dismissal, as well as about a new place of work, and other changes that may affect the amount of alimony paid;

- in case of violation of the terms of payment of alimony and other payments provided for in this agreement, pay the Recipient of the alimony a penalty in the amount of one percent of the unpaid amount for each day of delay.

3.2. The recipient of alimony undertakes:

— accept alimony and other payments provided for in this agreement and issue a receipt confirming the fact of their receipt;

— promptly inform the Payer of alimony about changes in his place of residence, changes in bank account details and any other circumstances that are essential for the timely fulfillment by the Payer of his obligations to pay alimony.

4. START OF THE AGREEMENT AND OTHER ADDITIONAL CONDITIONS

4.1. This agreement is considered concluded from the moment of its notarization.

4.2. The parties have the right, by mutual agreement, to change this agreement at any time or terminate its validity in the form prescribed by law.

4.3. Unilateral refusal to fulfill this agreement is not permitted.

4.4. All controversial issues under this agreement that may arise during its execution will be resolved by the parties to this agreement through negotiations. If agreement is not reached, each party to this agreement has the right to go to court.

4.5.
This agreement is concluded in three original copies of equal legal force, one for each of the parties, and the third will be kept in the files of the notary _____________. 5. DETAILS OF THE PARTIES Payer of alimony: Recipient of alimony: ______________________ ______________________ 6. SIGNATURES OF THE PARTIES Payer of alimony: Recipient of alimony: ______________________ ______________________

Agreement on payment of alimony sample 2021 free download standard form example form

AGREEMENT

about payment of alimony

g. _______________ “__”___________ ____ g.

A citizen of Russian Federation __________________________________________________,

(Full Name)

hereinafter referred to as the “Spouse” (“Alimony Payer”), on the one hand,

and citizen of the Russian Federation _____________________________________________________,

(Full Name)

hereinafter referred to as the “Spouse” (“Recipient of Alimony”), on the other hand, in accordance with Articles 99 - 101 of the Family Code of the Russian Federation, have entered into this Agreement as follows:

SUBJECT OF THE AGREEMENT

1.1. The Spouse (Alimony Payer) provides the Spouse (Alimony Recipient) with lifelong maintenance (alimony) in the terms, amount, form and manner determined by this Agreement.

1.2. Within ______ days after the divorce, the Spouse pays the Spouse a lump sum of __________ rubles.

1.3. In addition, the Spouse, starting from the first day of the month following the month in which the amount established in clause 1.2 was paid, makes monthly alimony payments.

1.4. The amount of monthly payments is ___% (__________ percent) of the amount of the Spouse’s income received in the corresponding reporting month, minus the taxes paid by the Spouse and other obligatory payments to the budget and extra-budgetary funds.

1.5. Alimony payments provided for in clause 1.4 are paid from all types of monetary income of the Spouse, subject to taxes, the payer of which in accordance with the tax legislation of the Russian Federation is the Spouse, with the exceptions established by this Agreement.

Note. Cash income refers to income received both in Russian rubles and in foreign currency.

1.6. Income from which the Spouse does not pay alimony:

• property and funds received by inheritance, as a gift and through other gratuitous transactions;
• all types of pensions, temporary disability benefits, unemployment benefits and other social benefits and payments;
• property and funds received as winnings in the lottery, betting and other similar winnings.

This is interesting: Statement of claim to reduce the amount of alimony

1.7. To calculate the amount of monthly alimony payments, income received by the Spouse in the calendar month preceding the month in which the corresponding payment is made is taken.

FORM AND TERMS OF ALIMONY PAYMENTS

2.1. Payment of funds provided for in clause 1.2 of the Agreement is carried out within ________ business days after the divorce by transfer to the Spouse’s bank account or by delivery of cash.

2.2. Monthly payments are made no later than the _____ day of the corresponding month by transfer to the Spouse's bank account or by payment in cash.

2.3. Documents confirming the Payer’s fulfillment of its obligations are:

• receipt of the Recipient of alimony - for cash payments;
• banking and accounting documents - when making payments by transferring funds to a bank account;
• documents confirming the deposit of the appropriate funds into the notary's deposit.

2.4. The Payer transfers alimony to the bank account of the Recipient of the alimony, which has the following details: ___________________________________.

RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Spouse undertakes to pay the Spouse alimony in a timely manner and in the amounts provided for in the Agreement, as well as promptly notify the Spouse of a change in his place of residence.

3.2. The Spouse undertakes to promptly inform the Spouse about changes in her place of residence, changes in bank account details and any other circumstances that are essential for the timely fulfillment by the Spouse of his obligations to pay alimony.

3.3. If the Recipient of alimony does not promptly notify the Payer of alimony about a change in bank account details, a change in his place of residence or other significant circumstances, the Spouse will have the right, at his own discretion, to:

• open a bank account in the name of the Spouse and make monthly payments to this bank account while simultaneously sending notice of the opening of a bank account to the last known place of residence of the Spouse;
• make alimony payments to the deposit of a notary (notary office) with the simultaneous sending of a notice of making alimony payments to the deposit of a notary at the last known place of residence of the Spouse.

3.4. If the Spouse (Payer of alimony) does not know about the new place of residence (new bank account) of the Recipient of alimony within 1 (one) year, the Spouse will have the right to stop transferring alimony until receiving information from the Recipient of alimony about her new place of residence (new details bank account).

3.5. If alimony payments were not made for the reasons specified in clause 3.4 of the Agreement, the Spouse (Alimony Recipient) will have the right, after eliminating the specified circumstances, to receive alimony for no more than 12 months preceding the date on which the reasons for which alimony was not paid ceased .

DURATION OF THE AGREEMENT

4.1. This Agreement comes into force from the moment of its notarization and terminates upon the occurrence of one of the following circumstances:

• conclusion of a new marriage by the Payer and Recipient of alimony;
• death of one of the parties to the Agreement;
• loss of the alimony payer's ability to work by 50% or more or recognition of him as incompetent;
• the occurrence of other events with which the law connects the termination of obligations to pay alimony.

4.2. The amount of alimony paid may be reduced in the following cases:

• loss of the alimony payer's ability to work by at least 50%;
• acceptance by the Payer of two or more needy dependents (including minor children, disabled needy close relatives, etc.);
• the occurrence of other circumstances with which the law binds the Payer’s right to demand a reduction in the amount of alimony paid.

4.3. The reduction in the amount of alimony is carried out by agreement of the parties, and in case of failure to reach an agreement - in court.

4.4. The parties have the right, by mutual agreement, to terminate this Agreement at any time in the form prescribed by law.

DATA ABOUT THE PARTIES:

Payer of alimony (Spouse): ________________________________

Recipient of alimony (Spouse): ______________________________

SIGNATURES OF THE PARTIES:

Payer of alimony (Spouse): Recipient of alimony (Spouse):

What is an alimony agreement and how to draw it up correctly

AGREEMENT of _______________ “___”________ ____

______________________________, passport series ________ N ____________, issued by ____________________, referred to as__ “Payer”, on the one hand, and _________________________, passport series ________ N ___________, issued by _________________________, referred to__ “Representative of Recipients”, acting__ as the legal representative (guardian) of the minor(s) _____________________, "___"_________ ____ year of birth, and minor(s) _____________________________________, "___"__________ ____ year of birth, referred to as__ "Recipients", on the other hand, have entered into this Agreement as follows:

1. SUBJECT OF THE AGREEMENT

1.1. In accordance with Art. Art. 80, 86, 99, 100 of the Family Code of the Russian Federation, the Payer provides the Recipient with maintenance (alimony) for: minor _____________________, “___”________ ____ year of birth, and minor _____________________, “___”________ ____ year of birth, and makes other payments established by this Agreement.

1.2. This Agreement is valid until the children reach the age of majority or until they acquire full legal capacity (clause 2 of article 21, clause 1 of article 27 of the Civil Code of the Russian Federation).

1.3. Recipients live with the Recipients' Representative at the address: ____________________________________. The Recipients' move to a permanent place of residence with the Payer, a social security institution or other persons is the basis for changing this Agreement.

2. SIZE, FORM, TERMS AND PROCEDURE OF PAYMENT

2.1. Alimony is paid by the Payer monthly in the form of a fixed sum of money, the amount of which is _____ rubles.

2.2. Payment of alimony is made until the _____ day of the current month.

2.3. Payment of the above funds is carried out by transfer to a bank account or delivery of cash to the Recipients' Representative. Documents confirming the Payer’s fulfillment of its obligations are:

• receipt of the Recipients' Representative - for cash payments;
• banking and accounting documents - when making payments by transferring funds to a bank account;
• documents confirming the deposit of the appropriate funds into the notary's deposit.

2.4. The payer transfers alimony to the bank account of the Representative of the recipients, which has the following details: ___________________.

2.5. All costs associated with the transfer of funds are borne by the Payer.

2.6. The amount of alimony established under this Agreement cannot be lower than the amount that the Recipients could receive when collecting alimony in court.

2.7. Indexation of the monthly payment amount is carried out quarterly in proportion to the increase in the cost of living for children in the Russian Federation as a whole.

2.8. The Payer pays expenses for treatment, recreation, and education by the Recipients in equal shares with the Representative of the Recipients.

Payment of additional expenses is made by the Payer no later than ___________ from the day the Recipient's Representative presents documents confirming such expenses.

2.9. If alimony debt arises, its amount is determined in accordance with Art. 113 of the Family Code of the Russian Federation.

2.10. The alimony received is spent only on the maintenance of the Recipients. The balance of funds unspent in the current month is subject to crediting to the individual deposits of the Recipients in the credit institution.

2.11. If alimony is not spent on the maintenance of the Recipients, the Representative of the Recipients shall reimburse the spent amounts to the Payer.

2.12. The payer has the right to demand from the Representative of the recipients a report on the expenditure of alimony amounts (Appendix No. ___ to this Agreement).

2.13. Failure to submit the requested report and (or) failure to reimburse funds spent inappropriately (clauses 2.11 and 2.12 of this Agreement) are grounds for suspending payments until the Representative of the recipients fulfills the relevant obligations.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The payer undertakes:

• notify the employer(s) of the existence of this Agreement and submit it for payment of alimony. The payer has the right to increase the amount of alimony paid based on a written application. The application indicates the amount, details of the recipient and the date from which alimony will be withheld. At the request of the Payer, payment of the increased amount of alimony may be terminated;
• pay alimony on time and in the appropriate amount;
• promptly notify the Representative of the recipients about a change in their place of residence, about dismissal, about a new place of work, or other changes that may affect the amount of alimony paid;
• in case of violation of the terms of payment of alimony and other payments provided for in this Agreement, pay the Representative of the recipients a penalty in the amount of ____________ percent of the unpaid amount for each day of delay.

3.2. The recipient undertakes:

• accept alimony and other payments provided for in this Agreement and issue a receipt confirming the fact of their receipt (if settled by delivery of cash);
• promptly inform the Payer of alimony about changes in his place of residence, changes in bank account details and any other circumstances that are essential for the timely fulfillment by the Payer of his obligations to pay alimony.

3.3. If the Payer does not know about the new place of residence (new bank account) of the Representative of the recipients within _____ year, the Payer of alimony will have the right:

• stop transferring alimony until receiving information from the Recipients' Representative about (his) new place of residence (new bank account details);
• open a bank account in the name of the Recipients' Representative and make monthly payments to this bank account while simultaneously sending a notice of opening a bank account to the last known place of residence of the Recipients' Representative;
• make alimony payments to the deposit of a notary (notary office) with the simultaneous sending of a notification about making alimony payments to the deposit of a notary at the last known place of residence of the Representative of the recipients.

3.4. If alimony payments were not made for the reasons specified in clause 3.3 of this Agreement, the Representative of the recipients has the right, after eliminating the specified circumstances, to receive alimony for no more than _______ months preceding the date when the reasons for which alimony was not paid ceased.

4. START OF THE AGREEMENT AND OTHER ADDITIONAL CONDITIONS

4.1. This Agreement is concluded from the moment of its notarization and terminates upon the occurrence of one of the following circumstances:

• adoption of minor Recipients;
• Recipients have reached the age of 18;
• Recipients acquire full legal capacity before reaching the age of 18;
• death of the Payer or Recipients. In the event of the death of one of the Recipients, the terms of the Agreement are changed by the Parties in terms of the amount of alimony.

4.2. The parties have the right, by mutual agreement, to change this Agreement at any time or terminate its validity in accordance with the procedure established by law.

4.3. Unilateral refusal to comply with this Agreement is not permitted.

4.4. In the event of a significant change in the financial or family situation of the Parties and if no agreement is reached on amending or terminating this Agreement, the interested Party has the right to file a claim in court to amend or terminate this Agreement.

4.5. All controversial issues under this Agreement that arise during its execution will be resolved by the Parties through negotiations.

In case of failure to reach agreement, disputes are resolved in court in accordance with the current legislation of the Russian Federation.

4.6. The costs of notarization are borne by ___________________________.

4.7. This Agreement is concluded in three original copies having equal legal force; one for each of the Parties, and the third is kept in the files of the notary ______________________________.

4.8. Applications:

4.8.1. Report on the expenditure of amounts (Appendix No. ___ to this Agreement).

5. DETAILS OF THE PARTIES

6. SIGNATURES OF THE PARTIES

Agreement on payment of child support

When people talk about alimony, it is understood that they are awarded through complex litigation. However, if the payer and the recipient of payments decided on the issue of calculating maintenance voluntarily, it is enough to enter into an agreement on the payment of alimony. If the payer decides to violate it, the agreement is equivalent to a writ of execution. It can be handed over to a bailiff for enforcement. In the article we will consider what an alimony agreement is, who can enter into it, what amount of contractual alimony is established, what is the procedure for concluding, amending and terminating the agreement.

Agreement on payment of child support

The termination of marital relations between adults should in no way worsen the financial situation of their common children. This means that both divorcing parents must contribute to the minor's financial support even after the marriage ends. In practice, this is implemented either on the basis of a voluntarily concluded agreement on the payment of alimony, or on the basis of a court decision.

What is a voluntary agreement?

A voluntary agreement on the payment of alimony is an agreement between the parents of a child, which displays all the main provisions relating to his financial support after a divorce. The fundamental point for such an agreement is the mutual desire of the parents to participate in providing for their common children.

Two adults decide that it is impossible to continue the marriage relationship. If there are common children, in any case, the procedure for terminating the marriage will take place in court. But parents can decide the main issues concerning the future of their children on their own. These issues include their material support.

Since the agreement is voluntary, it is quite possible that parents will want to extend its validity even after the child reaches the age of majority, for example, for the period of study.

Drawing up a voluntary agreement between divorcing parents indicates not only the desire of each of them to bear their share of responsibility for the minor, but also the desire to support him financially.

Since the agreement is a formal contract, violation of its provisions will be the basis for holding the person responsible for such violation accountable.

Requirements for an agreement on payment of alimony maintenance

Since such an agreement is a contract, it must be in writing. It is possible, of course, to provide for a child on the basis of an oral agreement, but in this case it will be impossible to make a claim to any party.

Moreover, the alimony agreement is subject to such a requirement as mandatory notarization. This agreement is given the status of an official legal document. When certified by a notary, each party to the agreement will be explained its main obligations and rights stipulated by this document.

The legal portal bukva-zakona.com reminds that notarization and, accordingly, giving legal force to the agreement is possible only with the full consent of the divorcing parents regarding the financial support of children. If there are any unresolved problems or claims between the parents, then a child support agreement is impossible in principle, and all disputes are subject to judicial resolution.

A mandatory condition for the agreement is the absence of provisions in it that worsen the existing financial condition of the children and their rights. As a rule, notaries carefully ensure that there are no such clauses in the document, otherwise the certification will be refused.

Any terms and conditions of the agreement must comply with applicable law. It is entirely acceptable to indicate obligations for each of the parents not specified in the RF IC if such obligations satisfy all parties.

You can draw up an agreement on alimony payments in different ways: completely independently, with the help of lawyers, or using a sample of such a document. A sample of such an agreement is available on the website bukva-zakona.com, which can be downloaded in a format convenient for further work and adapted to specific conditions.

A standard agreement must have the following mandatory clauses:

• date and place of document preparation; Moreover, the date must be indicated in words;
• data of both spouses; the one who will make alimony payments, and the one who will receive them; Such data includes passport information, information about place of residence and registration;
• reference to the provisions of the RF IC allowing the conclusion of such an agreement; these are articles 90, 99, 100, 101 of the Family Code of the Russian Federation;
• form of payment; these can be regular payments with an agreed period or one-time payments; in any case, the agreement must describe in detail the nature of their implementation;
• duration of the agreement; the agreement may cease to be valid when the child reaches 18 years of age or may still be valid for some time; in any case, this must be indicated in the document itself; The deterioration of the child’s financial situation is unacceptable, therefore, as a rule, termination of the document before the child reaches adulthood is not allowed.

Drawing up an agreement on alimony payments allows you to protect the rights of the child to a greater extent than alimony awarded in court. This applies to the amount of payments, and the possibility of their regular indexation, and the inclusion of additional obligations for parents in the text of the agreement, and so on. If drawing up this document yourself presents difficulties for you, then you can always simply apply it to a specific situation.

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What is a child support agreement?

An agreement on the payment of alimony is a notarial transaction concluded between citizens, one of whom is obliged to pay alimony, and the second has the right to receive it. It stipulates the procedure, amount and timing of accrual of such content.

If the payer and the recipient agreed among themselves on the payment of maintenance orally, wrote a simple receipt or did not have the agreement certified by a notary, such a transaction does not meet the criteria of an alimony agreement.

The voluntary method of assigning maintenance has its advantages over legal proceedings:

• the document has the force of a writ of execution;
• in the agreement it is possible to agree on an amount of alimony in a larger amount than provided by law;
• The parties have the right to agree on such a procedure for calculating payments that is convenient for them.

If some issues are not resolved by the parties in the agreement, the rules of the RF IC are applied. For example, about the amount of penalties, the indexation procedure.

Features of the agreement

Based on the content of Art. 80 of the RF IC, the amount of alimony payments can be established both within the framework of this document and in court. The amount of alimony under an agreement on the payment of alimony for a minor child cannot be lower than that which would be prescribed by the court.

The method of execution of the agreement is not only the payment of a monthly fixed amount. The parties may agree otherwise, for example, on a large one-time payment or on the provision of any property (Article 104 of the RF IC).

HELP: you can choose several ways to fulfill your alimony obligation.

Changing the terms of an agreement unilaterally is illegal. When terminating the document, the parties must comply with the same form in which the main agreement was drawn up.

IMPORTANT: after the document is notarized, the rules provided for the writ of execution apply to it. A copy of the agreement can be submitted to bailiffs for enforcement.

Who can enter into an agreement to pay alimony?

The parties to the transaction regarding the assignment of alimony are the payer and the recipient.

The payer can be:

• mother or father;
• husband;
• capable spouse;
• adult child;
• grandparent;
• older brother or sister;
• adoptive parent;
• teacher

If the payer is deprived of parental rights in relation to the child, this does not relieve him of child support obligations. Therefore, he also has the right to be a party to the transaction.

The recipient can be:

• mother or father in the interests of a minor child or disabled adult child;
• pregnant wife;
• a mother who is on maternity leave and raising a child under three years old;
• incapacitated spouse;
• disabled parents;
• grandchildren (legal representatives act on their behalf);
• younger brothers or sisters (legal representatives make the transaction on their behalf);
• adopted;
• pupil.

Only citizens bound by alimony relations in accordance with the RF IC have the right to enter into an alimony agreement. If a person is not a maintenance payer by virtue of the law, he cannot complete such a transaction.

How much is contractual alimony paid?

The amount of payments is set at the discretion of the parties. However, the amount of maintenance should not be lower than what is required by law. Let's consider options for negotiated alimony.

In shares of earnings

Article 81 of the RF IC establishes the minimum amount of alimony if it is established for children in shares of earnings. The parties must establish the content not lower than:

• 1/4 – for one child;
• 1/3 – for two children;
• 1/2 - for three.

Theoretically, the parties can agree on alimony in shares for other categories of recipients. However, in practice this is not applied. For example, spousal support payments are set at a fixed amount.

In a fixed amount of money

Most often, contractual alimony is assigned in a fixed amount. There are two options:

• establishing an amount that is a multiple of the subsistence minimum;
• determination of a specific monetary amount.

It is most convenient to assign alimony in a specific monetary amount. In this case, it is necessary to supplement the agreement with conditions for indexation. In this case, they will not depreciate due to inflation.

Mixed alimony

The parties have the right to agree on the payment of mixed alimony. They mean a payment consisting of two parts. One is set as a share of earnings. The second is in a specific monetary amount.

This is interesting: Documents for an agreement on the payment of alimony

As a lump sum payment

If the payer has a large sum of money, he can offer the recipient to pay off his alimony obligations through a lump sum payment. If the recipient agrees, he indicates in the agreement that the alimony obligation has been fulfilled.

Transfer of property to pay alimony

It is allowed to replace cash alimony with equivalent property. It is allowed to transfer the following movable and immovable things:

• apartment;
• land plot;
• House;
• country house;
• automobile;
• Food;
• clothing and shoes;
• medicines;
• other things.

They can be transferred one-time if the cost is commensurate with the amount at which the alimony obligation is considered fulfilled. It is also allowed to transfer things to the payer regularly. At the same time, the cost of things that are transferred to the recipient monthly must correspond to the amount of monthly maintenance.

Changing the alimony agreement

If circumstances have changed, the notarial agreement may be changed. Adjustments are permitted only by agreement of the parties. This can only be done unilaterally through the courts.

The basis for a change may be:

• decrease in payer's income;
• increase in the recipient's income;
• serious illness of one of the parties;
• change in the marital status of the parties to the transaction;
• illness of one of the parties to the transaction;
• emergence of dependents.

Changes are made in the same form as the original transaction. The document must be notarized.

Adjustments can be made either to individual provisions or to the entire document. In the latter case, it is advisable to conclude a new contract and terminate the previous one.

Termination and termination of alimony agreement

The contract can be terminated on the same grounds that are taken into account when making changes to it. The termination agreement is drawn up in writing and certified by a notary (detailed information here: how to terminate an agreement to pay alimony).

Also, the deal is terminated in the following cases:

• expiration (if specified in the contract);
• the child reaches adulthood;
• recognition of a minor as legally competent from the age of 16;
• death of one of the participants;
• adoption of a person to whom maintenance was accrued;
• loss of ability to work or legal capacity by the payer (must be properly documented);
• the commission of a crime against the payer by the recipient of alimony.

If only one party intends to terminate the agreement, the issue must be resolved in court.

If parents terminate the child support agreement, this does not relieve them of their obligations to provide financial support for their minor children. The spouse with whom the child remains after the divorce has the right to apply to the court at any time for maintenance.

Changes to the contract and the procedure for its termination

To make changes to a document, you must have the consent of both parties to the contract, since this procedure cannot be carried out unilaterally. Changes made to the contract must be certified by a notary.

The agreement can also be terminated voluntarily. If it is terminated before the child turns eighteen years old, then it should be in writing and certified by a notary office. Unilateral termination can only be initiated by going to court. You can go to court within a month after one of the parties to the agreement refuses to terminate or amend it.

You can change or terminate the contract if:

• the financial well-being of the alimony recipient has changed. Either the alimony holder can go to court to reduce the amount of payments, or the recipient to increase the amount of alimony;
• the alimony provider has new family obligations.

The court will also take into account other circumstances affecting the interests of both parties.

Sample agreement on payment of alimony 2021

Agreement on payment of alimony sample 2021: rules for drawing up, conclusion, termination, what legal acts regulate.

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Termination and amendments to the text

The agreement to pay alimony can be changed or terminated only by mutual consent of both parties . Moreover, the consent of the former spouses must be certified by a notary .

In some cases, it is possible to change or terminate the contract in court. For example, if there has been a significant change in the income or marital status of one of the parties. In this case, this party may apply to the court.

Application example:

Before going to court, you must obtain a refusal from the 2nd party to change or terminate the agreement or not receive any response to the request.

Next, the court must decide whether the grounds specified in the application are significant for amending or terminating the voluntary agreement.

How to draw up a voluntary agreement

A voluntary agreement can only be drawn up by mutual consent of the parties. If the payer does not want to transfer alimony, then the only way to collect it is to go to court.

In order to receive alimony by concluding an agreement, you must:

1. Collect all required documents.
2. Contact a notary.
3. To sign an agreement.
4. Contact the Bailiffs Department and submit the agreement there.

After all of the above, alimony payments will begin to arrive.

Content

The agreement must be concluded in writing and must be certified by a notary. Child support will be calculated based on individual indicators – the number of children and the father’s salary.

All clauses of the agreement must be completed in accordance with the data in the documents. The following information must be provided:

1. Identity details of both parties.
2. Full name, date, month and year of birth of the citizen who is entitled to alimony.
3. Amount of alimony payments. The minimum is 1/4 of the father’s official income, calculated for one child.
4. When should payments begin?
5. The form of payment is financial resources or property (but must be significant in price).
6. What amount is a fixed amount or a percentage of the father’s monthly salary?
7. Indexation - how much alimony increases over time. This clause protects against sharp price increases. And alimony payments will automatically increase along with indexation and an increase in the cost of living.
8. How will transfers be made?

• periodic – once a month;
• one-time – by transfer of property.

It is also recommended to indicate a clause with the terms of penalties in case of late payment.

The contract is valid until the child comes of age or until the death of one of the parties. The document must be drawn up by a notary or lawyer.

This is interesting: Sample court order for the collection of alimony

Per child

In an alimony agreement, both parties can determine the amount of payments themselves. The peculiarity of this type of document is that the amount of maintenance cannot be less than that established by law , which would be determined by the court.

According to Article 81 of the RF IC, it is determined that a citizen paying alimony is obliged to accrue to children a percentage of the salary:

• if child 1 – 25%;
• if there are 2 children – 33%;
• if 3 or more – 50%.

The agreement can be terminated or changed at any time. This procedure must be carried out before a notary and with the consent of each party.

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In the event that the financial situation of one of the parties changes, but it was not possible to reach agreement on the issue, it is necessary to file a claim in court. The case will be considered taking into account the interests of each participant in the process.

For parents

According to the law (Article 87 of the RF IC), parents can demand payment of alimony from their children for their maintenance. If the process is voluntary, then an agreement is drawn up between the parties and:

• In the event that one of the parties is incapacitated, then in accordance with Article 29 of the Civil Code of the Russian Federation, the agreement can be signed by a legal representative. If a document is signed by an incapacitated person, then the agreement, according to Article 171 of the Civil Code of the Russian Federation, is considered invalid.
• If an agreement is signed with a person who has limited legal capacity, then the consent of the guardian is required. Otherwise, in accordance with Article 176 of the Civil Code of the Russian Federation, the document will be declared invalid.

2021 sample

Example of a completed agreement form:

about payment of alimony

Moscow February 01, 2021

1. SUBJECT OF THE AGREEMENT
   The spouse guarantees the spouse payment of child support until the age of 18, in accordance with the terms, form and procedure prescribed in this agreement. Alimony is paid in ruble equivalent.
2. The spouse undertakes to pay alimony monthly within the established time limits and in a certain amount, which are reflected in this agreement.
3. The amount of one monthly payment should be 10,000 rubles, but not less than 8,000 rubles (to set the minimum threshold, 25% of the salary is taken).
4. In the event of an increase in fees for preschool education, the amount of alimony is subject to increase in proportion to the cost of paying for maintenance. And also taking into account additional costs for medical treatment.
5. FORM AND TIMELINES
   Payment of alimony is carried out by transferring funds to account N ХХХХХХХХХ opened in bank ХХХХХХ no later than the 1st day of each month.

2.2. At the request of the spouse, the specified account may be replaced by another.

2.3. Financial resources can be provided in cash, which must be confirmed by an appropriate agreement.

3.1. The spouse is obligated to pay alimony in accordance with this agreement. He is also obliged to promptly notify the recipient of alimony about a change in place of residence.

3.2. The spouse is obliged to promptly report changes in her place of residence and account details.

4.1. This agreement is valid from the moment of signature by the parties and terminates upon the occurrence of one of the following cases:

• the child reaches adulthood;
• the entry into force of a judicial decision on the termination of this agreement;
• death of one of the parties.

• Indexation is determined based on the cost of living.

Agreement on payment of alimony

AGREEMENT on payment of child support

Place _____, ______ rock.

We have signed below: on one side - PIB-1, identification number ______, ______ roku people, passport series ___ No. ____, identification ______ RV MVS of Ukraine in _____ region ______ roku, who lives at the address ______, referred to in the text as “PAYER” » And on the other side – PIB-2, identification number ______, ______ roku people, passport series ___ No. ____, identification ______ RV MVS of Ukraine in _____ region ______ roku, who lives at the address ______, referred to as “OTRIMUVACH”, at once behind the text “SIDES”, there is a healthy mind and a clear memory, clearly understanding the significance of their actions, acting voluntarily, consistent with the power of the will and real world, having become familiar with the current norms of the law, it is not necessary To please, they made this agreement about the offensive:

1. SUBJECT OF THE AGREEMENT

1.1. With this agreement, we, the PARTIES, establish the size, line and procedure for paying alimony for the maturation of our sleeping child - PIB (hereinafter referred to as CHILDREN), ____ the fate of the people, the fathers of whom we are registered, which is confirmed by a certificate about the people Zhenya series ___ No. _____, we see _____ rock Division of the State Registration of Acts of the Civilian State ______, act record No. ___ dated ____ rock.

1.2. In connection with the fact that the CHILD lives with her mother, Marina Vasilievna Frolova (OTRIMUVACHEM) behind the place of her registration, apparently up to Art. 180-182 SKU, the PAYER for home ownership of the side of the family undertakes to pay back child support, as well as to carry out other transfers under this payment agreement.

1.3. Duty alimony is paid by the PAYER in the amount of 1/4 of all types of income. The PARTIES were concerned about those who would be subject to the provisions enshrined in the Resolution of the Cabinet of Ministers No. 146 “On the transfer of types of income that are insured at a certain amount of alimony for one of the friends, children, fathers and other persons”, for the calculation of the current monthly amount of alimony for the child.

1.4. The payer is obliged to pay alimony as soon as possible, no later than the 15th day of the current month, be it your own choice: We are required to provide a receipt for the alimony collected, which confirms the payment of fees; – by bank order for a card account of OTRIMUVACH: Bank-otrimuvach _________ Transit account ____________ MFO ________________ EDRPOU ______________ Purpose of payment: Renewal of card account No. ___.

1.5. The PAYER of the goiter agrees to take the fate of the additional vitratah for the CHILD. For the homeownership of the STORIES, additional expenses for the CHILD are paid by PAYMENT in the amount of _______ hryvnias, transferring clause 1.4. given to the agreement.

Payment for additional expenses for the child must be paid by the payer no later than the 20th day of the current month.

1.6. Krim viplat, peredbachenih pp. 1.3, 1.5, THE PAYER is obligated to pay pennies in the amount of ______ hryvnias more than once a river to provide for the summer retirement of the CHILD. The payment may be paid until the end of the process.

1.7. The payer, whenever he leaves the border at his permanent place of residence, undertakes to pay all alimony payments stipulated in this maternity agreement, and then pay all amounts of alimony to the TRIMUVACHER. The amount of the amount and the procedure for payment are determined by the PARTIES in the additional agreement, which requires notarial confirmation. Alimony payments may be made in advance by transferring the PAYER of the indestructible lane to the authority of the DIVINE in the manner established by the legislation of Ukraine.

1.8. The tax payer is obliged to pay alimony to the tax payer, to take part in additional expenses for the household and to pay others, transferred to this payment agreement, at the same time and in the required obligation, as well as immediately ahead of the tax payer. about changing the place of your residence.

1.9. The alimony paid to the Otrimuvach under this agreement is to the authority of the Otrimuvach. Once the child dies, alimony becomes the power of the child.

1.10. The tax payer undertakes to pay alimony for certain reasons. A minor child (14-18 years of age) has the right to take part in the distribution of alimony taken from her in the morning. PIB (DITINA) revokes this right since February 17, 2027.

2. RESPONSIBILITY FOR NON-VICONANNE PROVISIONS GIVEN TO THE TREATY THAT YO PRIMUSOVE VIKONANNYA

2.1. Subject to Part 2 of Art. 189 SKU in times when the PAYER does not agree to his obligations under this agreement, alimony and other payments for the child can be collected from him at the end of the notary’s signature, so that liability for non-payment arises from alimony.

2.2. In the event of an unforeseen, untimely or unfair violation by the PAYER of the minds of this agreement and the guilt of the debt due to his fault, the PAYER of the claims will have to pay a penalty in the form of a penalty in the amount of 3 (three) hundred rubles per unpaid amount chenoy sum for every day of stitching vikonannya goiter.

2.3. Payment of the penalty does not relieve the payer of liability under this agreement.

2.4. If an inappropriate amount of alimony is revealed, the PAYER revokes the right to file a petition before the court for a change in the amount of alimony or for the payment of a portion of it to the child’s special account.

The entire amount of alimony and other payments for the child can be adjusted accordingly to Art. 186 SKU, whereby the guardianship and surveillance authority can carry out such a review on the basis of an official initiative or upon the application of the PAYER.

3. OTHER MINDS

3.1. The PARTIES agree to agree to the obligations laid down in this agreement. The PARTY that has allowed the damage to be made under this agreement will be subject to the damage as soon as possible.

3.2. All the superchicks from the drive of the minds of this agreement or their corruption, are guilty of the PARTIES in the way of negotiations. If the PARTIES could not reach a consensus, the super-chicks are to blame for the trial.

3.3. A change of minds can only be made to the agreement on the basis of agreement on both sides and is drawn up in writing. The changes must be notarized.

3.4. Unilateral withdrawal from the provisions of this agreement is unacceptable.

3.5. The extension of the agreement is subject to the statutory legislation of Ukraine.

3.6. Mutual agreements not regulated by this agreement are regulated according to the laws of Ukraine.

3.7. Payments related to the terms of this agreement and its notary certificates are subject to PAYMENT.

3.8. The notary explained to the PARTIES the provisions of official legislation regarding the procedure for drawing up agreements on the payment of child alimony, the basis for their recognition as invalid, amending Art. 203 CCU, art. 157, 160, 180-197 SKU.

3.9. THE PARTIES certify that the provisions of this agreement at all times reflect their active intentions and their formation without any pressure, consistent with their will in their best minds. The PARTIES confirm that they understand the provisions of this agreement, their meaning, meaning, and legal heritage.

3.10. The PARTIES confirm that the agreement covers all their minds. THE PARTIES confirm that they are not toiling further, respecting the great spirit of this agreement.

3.11. The agreement of deposits is in three examples, one of which is stored in the rights of the private notary of Odessa Municipal Notary District PIB, the other two are visible to the PARTIES.

SIGNATURES:

_________________ PIB-1

_________________ PIB-2

NOTARY'S AFFILIATE LETTER

How to enter into an agreement to pay alimony

To conclude an agreement, it is necessary to prepare certain documents and agree on the amount and timing of payments. The 2021 uniform is unchanged from previous years.

Preparation of documents

You must provide:

• signed and completed form;
• identification documents of each party;
• birth certificate or other documents to confirm relationship;
• a certificate from your place of employment to confirm your income level.

All of the above documents are required to draw up an agreement. They must be handed over to the notary.

Notarization

The agreement must be certified by a notary; without this, it is considered invalid. Both parties must come to the notary.

If the recipient is a child over 14 years of age, he must be present when signing the document. If under 14, then his presence is not required.

The calculation of alimony is made to the spouse. This is due to the fact that the child is still a minor and cannot be a direct recipient of alimony.

Termination of an agreement

The contract can be terminated taking into account the following nuances:

• if both parties agree;
• contacting a notary with written consent and seal/signature.

If the agreement was the basis for accruals from the accounting department, then it is necessary to provide a document confirming the validity of the agreement to the place of work.

If termination is carried out through court, then the following procedure must be followed:

• file a claim;
• wait for the issue to be considered;
• provide reasons why the agreement should be terminated;
• wait for the court's decision.

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If the arguments are strong enough, the court decides to terminate the document. But as practice shows, such claims are not always subject to satisfaction.

Waiver of alimony

The father does not have the right to refuse to pay child support. The obligation to pay is relieved only if paternity is disproved in court. Even deprivation of parental rights is not grounds for termination of child support obligations.

As for the party receiving alimony, alimony can be waived by drawing up a bilateral agreement. It must indicate that the recipient refuses payments for the child, and the payer offers something in return . For example, in this way you can obtain consent for a minor to travel abroad. The father does not interfere with the removal of the child, and the mother formalizes a waiver of alimony. Or when property is transferred to the child.

This agreement must clearly state all the terms.

If the contract only indicates a gratuitous refusal, then the notary will not certify it, and the court will not accept it for proceedings.