Settlement agreement on payment of child support. What is an alimony agreement and how to draw it up correctly Changes to a voluntary agreement on alimony payment

Agreeing on alimony payments and securing the agreement in accordance with the law is the most a productive and convenient way to resolve disagreements regarding the maintenance and assistance of one person to another. The alimony agreement has has the same legal significance as a court decision, all aspects of this issue are specified in Chapter 16 of the Insurance Code ( Family Code) Russian Federation.

All actions related to the conclusion, change of conditions, termination and execution of an agreement are regulated at the level of civil transactions in accordance with the Civil Code ( Civil Code) Russian Federation.

The document will give opportunity stipulate the amounts, terms and procedure for payments for the maintenance of relatives, while preserving time, nerves, reputation and relationships of the parties to a greater extent than court proceedings.

An agreement must be made between the direct payer and the recipient of the content or their representatives (Article 99 of the RF IC). If minor children remain with one of the parents, the latter represents their interests.

Articles of the Insurance Code allow the conclusion of an agreement for any type of alimony. It is recommended to go to court only if it was not possible to reach mutual understanding and draw up a document that suits everyone.

The agreement has the status writ of execution, that is, in case of non-compliance, a bailiff is involved in the work.

Amount of alimony

In most cases the minimum and maximum amounts of payments are not limited by law, with the exception of money for the maintenance of minor children. Issues of the amount of alimony are regulated by paragraphs of Art. 103 RF IC.

Before signing the agreement, the parties clearly stipulate the amount and frequency of payment; this data is entered into the document.

When determining the amount of alimony there must be interests of both parties are taken into account, first of all - a dependent.

Minimum amount of child support payments who have not reached the age of majority, by agreement cannot be lower than that established in Art. 81 RF IC. Namely, 25% of the payer’s official income for one child, 33% for two and 50% for three children or more.

Payment is provided exclusively in national currency, even if the size is tied to another monetary unit.

In general, the agreement may provide the recipient party with the opportunity to achieve better conditions than a court decision could provide. A particularly large difference sometimes arises when the court determines payments for children if the potential payer’s earnings are unofficial or irregular.

Indexation of alimony by agreement

In order to protect payments from inflation to relatives in need, an increase in the alimony amount is applied in the manner agreed upon by the parties in the agreement.

It is possible to multiply the amount of alimony by the indexation coefficient if significant inflation has occurred over a certain period.

Tying the amount to a stable foreign currency (when paying funds in rubles) and securing this feature in the agreement will help protect the recipient from significant losses in assistance.

Possible other indexing conditions: for example, an increase in the amount of alimony if a child transfers from a public educational institution to a private paid school.

Indexation is possible only if it is specified in the clauses of the transaction and in the agreed manner, otherwise the interested party will have to sue to protect their interests.

Drawing up an agreement

The agreement is drawn up on paper and is binding. notarized. All parties who sign it at the notary must unconditionally agree with the points of the document. Prerequisites, which are included in the text of the agreement:

• amount of alimony;
• conditions, methods and procedure for payments;
• what may cause future changes to clauses;
• what liability will the payer bear for violating the agreements;
• term of the transaction;
• indexing (if both parties agree to it);
• other important details that do not violate the interests of the recipient and the law.

Among the methods of payment, the law provides share of earnings, periodic or one-time fixed amount and other options. The parties to the agreement are free to choose one of the varieties or any combination of them (Article 104 of the RF IC).

Possibility of changing and terminating the agreement

At any stage after signing the terms of the agreement, if there are prerequisites for this, can be changed or terminated document as a civil transaction, with the consent of both parties (Article 101 of the RF IC).

You cannot adjust any clause or refuse to fulfill the terms of the agreement at the request of one of the signatories if the second does not agree.

If you both wish to contribute changes can only be made by signing a new document in the same form with mandatory notarized certification, otherwise the adjustments will be invalid, and the previously agreed upon points will be binding. You can terminate the agreement in the same way.

If either party’s circumstances have changed significantly (financial, family, health, etc.) and she needs to change the terms of alimony payment, and the other party is against it, the interested party may file a claim in court. IN court demands can be made after a written refusal to make changes by the opponent or the expiration of the refusal period - usually 30 days (Chapter 452 of the Civil Code of the Russian Federation). If the reasons for making adjustments are valid, forced adjustment of conditions is possible.

The procedure for amending and terminating an agreement as a type of contract is regulated by Ch. 29 Civil Code of the Russian Federation.

Invalidation of the agreement

If when signing the agreement basic conditions were not met(conclusion of a document in writing, signatures of both parties, certification by a notary), it may be declared invalid. Another important reason (Article 102 of the RF IC) is if conditions significantly violate the interests of the child or incapacitated person , at the request of the trustee, the court may cancel the document.

The law does not stipulate examples of unfavorable conditions for alimony recipients, they are considered privately: this may be non-compliance with the terms and regularity of payments, for children - setting an amount below the minimum limit.

Other grounds to recognize an agreement as void or voidable (Chapter 166-181 of the Civil Code of the Russian Federation): its conclusion with incompetent relative, minors, misrepresentation, threats, etc.

If the notary does not put a certification signature, one of the parties avoids certification, and the second actually starts paying, the court can make an opinion on the legality of the agreement.

The procedure for recognizing a document (as a subtype of transaction) as invalid is regulated by §2 Ch. 9 of the Civil Code of the Russian Federation.

Conclusion

The agreement allows for more free and less formalized solutions to issues of supporting needy relatives. For example, it allows the father to pay child support for children who have reached the age of majority but require support during their education. In this case, the document should not significantly violate the rights of the recipient party, especially in the case of incapacity, disability, etc.

• Agreement concluded by the interested parties and notarized. It is considered a civil act and must comply with the requirements of the Insurance Code.
• All essential details - payment amount, frequency, validity period and others - must be specified.
• The agreement can be terminated or the terms adjusted only by mutual consent. If the parties cannot reach an understanding, one of them can file a lawsuit to protect its interests.
• The minimum and maximum amount of payments is not limited, except in the case of alimony for minor children (at least 25% of the payer’s earnings for a child, 33% for two children, 50% for three children or more).

Do you want to enter into an agreement to pay child support? Here you can download a sample agreement. Choose a convenient method for calculating and receiving payments. Learn how to correctly draw up and implement an alimony agreement. A lawyer will answer your questions about drafting the agreement.

Obviously, paying alimony by agreement is one of the simplest. It may be easier to pay without completing any documents. However, such voluntary payments may cease at any time. Whereas an agreement on the payment of alimony has the force of an executive document, which allows it to be enforced.

Concept of alimony payment agreement

An alimony agreement is an agreement between the party obligated to pay alimony and the party entitled to receive it on the amount, timing and procedure for receiving such maintenance. The agreement must be concluded in writing. A written document is signed by the parties and certified by a notary.

If the parties agreed among themselves on the payment of alimony orally, drew up a receipt or agreement, but did not contact a notary, this is not an agreement on the payment of alimony, in the sense that the law gives it.

It is possible to conclude an agreement on the payment of alimony in cases where the alimony payer does not refuse financial assistance and everyone is satisfied with the terms he proposes regarding the amount and procedure for paying the money. For example, the father of a child agrees to pay ¼ of his income monthly for his maintenance, but does not want alimony to be collected by a court decision. In this case, the right decision would be to contact a notary and conclude an agreement.

You should not contact a notary if there are disagreements between the parties, they argue and conflict. It should also be taken into account that the notary will take money for drawing up and certifying an agreement on the payment of alimony, and this is at least 5,000 rubles in 2019 prices.

Who has the right to enter into an agreement on the payment of alimony

Only persons who are bound by alimony relations by force of law have the right to enter into an agreement. Persons who are not obligated to pay alimony do not have the right to enter into such an agreement.

The Family Code of the Russian Federation provides full list persons obligated to pay and receive alimony:

1. parents must support their children, including disabled adults;
2. adult children - their needy disabled parents;
3. needy spouses receive support from the other;
4. other family members - in the absence of parents, children or spouses.

Accordingly, all these persons have the right to draw up an agreement that determines the amount, conditions and procedure for paying alimony.

What to consider before entering into an agreement

Before drawing up an agreement, the parties must:

determine whether they have the right to conclude it

agree on the amount of payment

agree on when child support will be paid

decide what payment procedure suits them, cash or non-cash, discuss the details by which transfers will take place or the form of the document that will confirm the receipt of cash (receipt)

discuss a notary candidate that suits them

The parties can determine any amount of alimony payments in the agreement, but they must be no less than those established by law for 1 child - ¼ of the earnings, for 2 - 1/3, for 3 or more - ½. Alimony can be paid in a flat amount or a combination of shared and fixed amount.

The timing of alimony payments is established, as a rule, by monthly payments; they are timed to coincide with the timing of receipt of wages or other income. It is better if the agreement specifies a deadline, for example, until the 15th of each month.

A special feature of an alimony agreement is that all payments can be made in advance, in one or more amounts, or expensive property can be provided against the property.

For example, the parties agreed that the father would pay child support for his 8-year-old son at the rate of 10,000 rubles. monthly. In this case, you can calculate that you will need to pay 120,000 rubles for the year, and 1,200,000 rubles for the entire period. In this case, the agreement can stipulate that the amount of 1,200,000 is paid in one amount. Another option is for the father to provide a share in an apartment of similar value in payment of the amount. In this case, the main thing is to come to a mutual agreement.

The choice of alimony payment procedure depends only on the convenience of the parties. If the money is deposited into a bank account, the purpose of the payment will need to indicate that it is alimony. This method is more convenient because you can always provide a supporting document - a bank account statement. When transferring money in cash, you must draw up a receipt as confirmation, and do this every time, each time you transfer a sum of money. The receipt for the transfer of alimony is signed by the recipient, and the payer takes it for himself. A sample receipt can be downloaded from our website. It can be printed or copied by hand. There is no difference in this case.

Sample receipt for receipt of alimony by agreement

The presented sample receipt of alimony under an agreement to pay it can be used in any situations where alimony is paid in cash.

Download a sample application:

How to draw up and conclude an agreement on the payment of alimony

When all the issues have been discussed and settled by the parties, they can be fixed on paper by drawing up a draft agreement. You can complete this project yourself or entrust the registration to a notary. Once again, please note that you can draw up an agreement yourself or with a notary. But in any case, the agreement must be notarized.

What the agreement should contain:

The text of the agreement indicates the place of its conclusion. This could be a city, town or other locality. It is indicated as: the city of Vologda, the village of Novy, the village of Kubanskaya, etc.). We indicate the place where we will sign the agreement, where we will visit the notary.

Date of conclusion of the agreement. The date must contain the day, month and year. You can write everything down or just indicate numbers. October 15, 2019 or October fifteenth two thousand eighteen. There is no difference here, the main thing is that everything is written clearly and legibly.

Document name: Agreement on payment of alimony

Personal data of the parties. The last name, first name and patronymic must be indicated in full, without abbreviations, as in the passport. You can also provide other information - passport details, date and place of birth, place of registration and place of residence. However, this additional information is not required.

Full details of the person for whose maintenance alimony will be paid. If this is a child, then his full name, date of birth, who is the payer and recipient of alimony are indicated.

Amount of alimony as agreed. If this is a fixed amount, then it is indicated in numbers and in words, for example, 5000 (five thousand rubles). If these are shares of income, then their size is indicated, for example, ½ or ¼, exactly in this form with a slash.

Terms of payment of alimony. It is better to indicate that alimony is paid until a certain date, for example, until the 15th of each month. You can also specify a specific date - the 25th of each month.

Payment procedure. In cash Ivanova A.I., for which the latter draws up a receipt. By transferring funds to the account of Ivanova A.I. According to the following bank details: … .

Additional terms of agreement. If the parties have any special wishes.

The procedure for signing, concluding and certifying an agreement by a notary.

At the end, the signatures of the parties must be placed. The agreement must contain the certifying signature of the notary, certified by his seal.

Child support agreements may have nuances in cases where they concern children, spouses or other persons, so we will provide samples of various documents.

Sample agreement on child support in shares of earnings

Download a sample application:

Sample agreement on payment of child support in a fixed amount

Download a sample application:

Sample agreement on payment of alimony for a spouse

Download a sample application:

Sample agreement on child support for a parent

Download a sample application:

Change and termination of alimony agreement

The agreement can only be changed if both parties agree on it. You can’t just start paying child support in a smaller amount or at a different time. You cannot come up with any additional conditions for the payment or receipt of alimony that are not provided for in the notarized agreement.

In addition, you cannot refuse to fulfill agreements, even if you just agree among yourself.

All changes to the agreement must be in writing and certified by a notary. It is from the moment of notarization that all changes come into legal force and their execution can be demanded, including by force. The agreement is also terminated through a notary.

Ensuring the execution of the agreement allows the provision enshrined in Article 100 of the RF IC, where it is equivalent to writ of execution. This means that if you refuse to pay alimony, you can immediately contact the bailiff service. There is no need to additionally go to court for a court order to collect alimony or a decision to pay alimony.

The applicant fills out an application addressed to the bailiff. To which is attached a genuine notarized agreement on the payment of alimony.

The bailiff will initiate enforcement proceedings, determine the debt and take measures to collect alimony, including periodic payments by deduction from wages. The bailiff can collect the accumulated debt, but not more than 3 years. Therefore, with the presentation of an agreement for enforcement It's better not to delay.

This execution procedure makes it preferable to an oral agreement on the payment of alimony. After all, an agreement that is not properly executed will make it impossible to present any demands later.

Regulatory framework for alimony payment agreements

Family Code of the Russian Federation as amended in 2018:

Chapter 16. ALIMONY PAYMENT AGREEMENTS

Article 99. Conclusion of an agreement on the payment of alimony

An agreement on the payment of alimony (the amount, conditions and procedure for paying alimony) is concluded between the person obligated to pay alimony and the recipient, and in case of incapacity of the person obligated to pay alimony and (or) the recipient of alimony - between the legal representatives of these persons. Persons who are not fully capable enter into an agreement to pay alimony with the consent of their legal representatives.

Article 100. Form of agreement on payment of alimony

1. An agreement on the payment of alimony is concluded in writing and is subject to notarization.

Failure to comply with the statutory form of the agreement on the payment of alimony entails the consequences provided for in paragraph 3 of Article 163 of the Civil Code of the Russian Federation.

2. A notarized agreement on the payment of alimony has the force of a writ of execution.

Article 101. The procedure for concluding, executing, changing, terminating and invalidating an agreement on the payment of alimony

1. The rules of the Civil Code of the Russian Federation governing the conclusion, execution, termination and invalidation of civil law transactions are applied to the conclusion, execution, termination and invalidation of an agreement on the payment of alimony.

2. The agreement on the payment of alimony may be changed or terminated at any time by mutual agreement of the parties.

The change or termination of the alimony agreement must be made in the same form as the alimony agreement itself.

3. Unilateral refusal to fulfill an agreement to pay alimony or unilateral change its conditions are not permitted.

4. In the event of a significant change in the financial or marital status of the parties and if no agreement is reached on changing or terminating the agreement on the payment of alimony, the interested party has the right to file a claim in court to change or terminate this agreement. When deciding on the issue of changing or terminating an agreement on the payment of alimony, the court has the right to take into account any noteworthy interest of the parties.

Article 102. Invalidation of an agreement on the payment of alimony that violates the interests of the recipient of alimony

If the conditions for providing maintenance to a minor child or an adult incapacitated family member provided for in an agreement on the payment of alimony significantly violate their interests, in particular in the event of non-compliance with the requirements of paragraph 2 of Article 103 of this Code, such an agreement may be declared invalid in judicial procedure at the request of the legal representative of a minor child or an adult incapacitated family member, as well as the guardianship and trusteeship authority or the prosecutor.

Article 103. Amount of alimony paid under an agreement on the payment of alimony

1. The amount of alimony paid under an agreement on the payment of alimony is determined by the parties to this agreement.

2. The amount of alimony established under an agreement on the payment of alimony for minor children cannot be lower than the amount of alimony that they could receive when collecting alimony in court (Article 81 of this Code).

Article 104. Methods and procedure for paying alimony under an agreement on the payment of alimony

1. The methods and procedure for paying alimony under an agreement on the payment of alimony are determined by this agreement.

2. Alimony may be paid in shares of the earnings and (or) other income of the person obligated to pay alimony; in a fixed sum of money paid periodically; in a fixed sum of money paid at a time; by providing property, as well as in other ways regarding which an agreement has been reached.

The alimony payment agreement may provide for a combination in various ways payment of alimony.

Indexation of the amount of alimony paid under an agreement on the payment of alimony is carried out in accordance with this agreement. If the agreement on the payment of alimony does not provide for the procedure for indexation, indexation is carried out in accordance with Article 117 of this Code.

Do you need up-to-date information on changes in alimony legislation?

One of the most important family obligations is the allocation of funds for the maintenance of common children until they come of age. One of the options for fulfilling this obligation is to draw up an agreement on the payment of alimony, which may subsequently serve as the basis for forced collection.

How to correctly draw up an agreement on alimony, and what consequences it has for the parties, can be learned from the material presented.

Regulating child support responsibilities

The rules providing for mutual family responsibilities are recorded in the RF IC. Both parents are obliged to provide the necessary funds for the maintenance of their minor children in order to ensure them a decent standard of living and upbringing.

If both parents conscientiously fulfill these obligations, there is no need to determine a child support agreement.

Important! If disagreements arise regarding the establishment of this obligation, an agreement on alimony cannot be drawn up, since this requires a mutual agreement of both participants.

In such a situation, the claimant will have to appeal to the judicial authorities, as a result of which the obligation will be recorded in an order or court decision.

The need to fix the terms of payments for a child may arise in the following situations:

• the parent avoids allocating funds from his income;
• due to the termination of family relations, it becomes necessary to ensure the receipt of funds from the parent who actually lives at a different address;
• if both parents violate parental obligations (in this case, the interests of the children will be protected by the guardianship and trusteeship authorities).

Alimony, by agreement of the parties, will be established out of court, although for this type of legal relationship a forced enforcement procedure may also be provided. To find out how to conclude an agreement on the payment of alimony, you need to refer to the provisions of Chapter 16 of the RF IC.

Concept and form of alimony agreement

Before you learn how to draw up a settlement agreement for alimony, you need to determine legal concept the specified document.

In Art. 99 of the RF IC specifies all the necessary features of this agreement:

• drawn up by mutual free will of both parties;
• the parties to the agreements are the payer and the recipient of payments, and if the recipient is incapacitated (for example, a minor citizen), a second legal representative acts on his behalf;
• the document determines the procedure, conditions and amounts of regular payments for the child.

The law understands alimony as regular payments for the maintenance of a disabled family member. The main feature of such an obligation is their regularity, i.e. obligated person cannot independently change the timing and order of regular payments.

How to properly prepare documents

An agreement on alimony for the maintenance of minor children will be binding only if the requirements for its content and form are met.

How to properly draw up an alimony agreement? The answer to this question will be given by Art. 100 of the RF IC - “the agreements reached by the parties are drawn up in the form of a written document and are subject to certification by a notary.”

The participation of a notary in the execution of the agreement ensures the following conditions:

• the free will of the parties to draw up documents is checked, as well as the absence of coercion or threat;
• the identities of citizens are checked, as well as their legal capacity;
• The payer’s obligation recorded by the notary may subsequently take on the nature of an executive document.

Thus, the state gives the notary the authority to check all significant conditions when concluding this type of agreement.

The procedure for preparing and formalizing an agreement

How to draw up an agreement on the payment of alimony and where to start preparing it?

This document can be prepared in the following ways:

• independently by citizens;
• with the help of a specialist notary’s office, where citizens will turn to draw up papers;
• with the help of a qualified family lawyer who will prepare a draft agreement for subsequent certification by a notary.

The particularly important nature of the obligation determines the accuracy of the wording and knowledge of the legal requirements, so independent execution of documents may lead to problems in executing the agreement.

What to include in the content of the document

The contents of the document must include:

• personal data of citizens, as well as the child;
• the exact payment procedure: in cash, by transfer to an account or bank card, via mail, etc..;
• fixed payment terms: monthly, weekly, on payday, etc.;
• size of payments: fixed amount of regular payment or percentage of salary.

If the agreement contains a smaller amount of payments than is regulated by the RF IC, the notary is obliged to refuse certification.

The procedure for applying to a notary for certification of an agreement

If the parties determine alimony by agreement, and there are no disagreements on the amount and timing of payments, they must contact the notary’s office with a ready-made draft agreement, or draw up the paperwork directly from the notary.

To draw up an alimony agreement with a notary, you must submit the following documents:

• a draft agreement, if citizens prepared it independently or with the services of a lawyer;
• general passports for each participant;
• certificate for the child.

Peculiarities of document preparation by a notary

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If, when checking the agreements of the parties, the notary establishes a violation of the law regarding the procedure, conditions and amount of payments, certification of the agreement will be refused.

If the requirements of the regulations are met by the participants, the agreement on the payment of child support is certified by a notary and acquires legal force.

For notary services, you will need to pay a fee, which is approved by the notary chamber and may vary depending on the region.

Important! The cost of payment does not depend on the content of the contract. In addition, there is also a fee for drafting a document by a notary office.

From the moment of notarization, the contract comes into force and is subject to unconditional execution. If during the execution process there is a violation of the payment procedure, the claimant has the right to use the agreement as a document of execution and send it for forced collection.

Change and termination of the agreement

In the process of executing the contract and its individual conditions, citizens’ agreements on the content of the obligation may change, which will entail the need to change the document.

According to the rules of Art. 101 of the RF IC, such a change can be made in the following ways:

• by mutual will of both citizens;
• within the framework of a judicial procedure at the request of an interested party.

The law stipulates that changes must be drawn up in the same form as the main document.

What is needed to go to court to change a contract?

To apply to a judicial institution, the following conditions must be met:

• significant change in the family or financial status of citizens;
• lack of mutual consent to voluntarily change the provisions of the agreement.

When considering a case, the court will be obliged to take into account all significant interests of citizens. The changes will be considered approved from the moment the court ruling comes into force.

The package of documents that will need to be submitted to the court includes:

• statement of claim in two copies;
• marriage or divorce certificate (depending on the marital status of the participants in the process);
• alimony agreement that needs to be changed;
• certificate for children;
• written evidence supporting the basis for the claim.

During the court hearing may be presented additional documents necessary for the administration of justice.

Termination of an alimony agreement through a notary

Termination of agreements on child support obligations follows similar rules.

If both parties have reached a compromise on terminating the agreement, they must contact a notary office to draw up the appropriate document.

Important! Unilateral termination agreement is allowed only within the framework of a judicial procedure; the notary is not authorized to certify documents unless he establishes the consent of the other party.

To terminate, parents must submit the following forms:

• a draft document that provides for the termination of legal relations;
• main agreement;
• identification documents of the parties.

Attention! Such an action does not deprive citizens of the opportunity to again contact a notary’s office to draw up a new agreement in relation to the same child.

Termination through court

The proceedings must be initiated by presenting statement of claim interested party. The said claim is brought:

• at the place of residence of the defendant;
• at the place of residence of the plaintiff (if he lives with a young child or is seriously ill).

During the trial, the reasons and circumstances of changes in the family and financial status of citizens will be established.

The legislation does not establish a list of evidence that can confirm these circumstances, therefore the court is obliged to take into account all legally significant facts.

Attention! From the moment the act of the judicial authority comes into force, the agreement will be considered terminated and the obligation terminated. In this case, there is no need to contact a notary office.

Video about the alimony agreement.

Attention! Due to latest changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

Unfortunately, in life it is not uncommon to encounter situations when, after several years of marriage, couples break up, and then regular trips to the courts begin on the issue.

But what if both parties agree to sign an agreement to pay alimony? Where should they go? What documents need to be provided?

Legislative regulation of the issue

In the legislation of the Russian Federation, the definition of “agreement on the payment of alimony” means civil agreement, which can be drawn up between the recipient of alimony and the payer himself.

In simple terms, this agreement is considered to be a settlement agreement, since when concluding it there is no need to go to court.

Basic legislative norms this question are spelled out in Family Code of the Russian Federation , namely:

• Article 104 clearly regulates the issue of the financial part of this agreement. In simple words This article provides for the possibility of establishing the amount of alimony, both in a fixed amount and as a percentage of wages payer;
• Article 100 clearly states the rules for leaving an agreement to pay alimony.

The procedure for collecting alimony by concluding an agreement

First of all, it is necessary to remember that this agreement can only be signed by mutual consent of the parties.

If, for example, the payer refuses to voluntarily sign the contract– the only option to collect alimony is to go to court.

Myself algorithm for collecting alimony using this agreement has the following form:

If we talk about the necessary package of documents, then the list is as follows:

• originals and copies of passports of both parties;
• original birth certificate of a minor child. If there are several children, documents are required for each child;
• original marriage registration certificate. If the spouses are already divorced, a certificate of divorce.

It is worth noting that it would be better to prepare more salary certificates (average), since in most cases it may be required.

Procedure for drawing up an agreement

The parties to the agreement when signing an agreement on the payment of alimony are the recipient party and the payer party. In simple words, for example, the spouse is the payer, the mother is the recipient.

In order to give legal effect to such an agreement, you need to contact a notary. Without a notary’s signature, this document is a simple “piece of paper” and carries nothing behind it.

You can contact a notary at the place of residence of both the payer and the place of residence of the recipient. In this regard, the legislation of the Russian Federation gives freedom of choice.

The agreement on payment of alimony is drawn up exclusively in writing.

Moreover, when contacting a notary, you must have with you the previously compiled text of this document by the parties. This preliminary text can be written trivially on A4 sheet, with blots and other errors. This is necessary so that the notary can quickly draw up an agreement and sign it.

Each notary has a different procedure for signing such an agreement. On average this figure is 2-2.5 thousand rubles.

The alimony payment agreement is signed on the day of contacting the notary, if the parties mutually agree to this document.

To acquire legal force for a contract, it is mandatory it must contain information such as:

• initials of both parties;
• initials of the child for whom child support will be paid;
• in what form will alimony be paid;
• during what period the monthly alimony payment will be made;
• rights and obligations of each party;
• the possibility of indexing alimony payments;
• period of validity of the contract;
• signatures of the parties;
• notary seal.

Form and payments under the agreement

The amount of alimony payments itself, which is prescribed in this document, can be determined independently by the recipient and the payer.

But it must be remembered that size cannot be smaller the one that the court could order, namely:

• 25% of salary for 1 child;
• 33% for two minor children;
• 50% for 3 or more minor children.

In addition, it is necessary to remember that payment can be either in currency or in kind.

It is also worth taking into account that this agreement can also indicate payment method, namely:

Moreover, if we are talking about transfer of property, then its future owner must be the child himself, for whom alimony is paid, otherwise he may incur criminal liability(for example, if a car or apartment is registered in the mother’s name).

If we talk about the frequency of payments then it could be:

• on a regular basis - monthly;
• once a year – the amount of monthly payments is summed up and paid once for the entire year;
• one-time - all alimony payments are paid at one time.

Indexation of payments

This clause requires attention only if the contract states that payments will be made in a fixed amount.

By definition, indexing means possibility to change the amount more for reasons:

• food growth;
• growth of utility bills;
• level increase.

In most cases, the parties independently set the indexation percentage with a certain frequency, but if this is not specified, then the fixed amount increases in proportion to the increase in the minimum wage itself automatically.

Validity periods

The alimony payment agreement is concluded for the period until the child reaches adulthood for whom alimony is paid.

If, for example, a child is incapacitated, and at the same time he has (1 or 2), then the contract can be signed for an indefinite period.

Making changes

After this agreement has been signed by the parties, in the future it is possible at any time You can change the clauses of the contract or make some amendments.

This possibility is spelled out in Article 101 of the Family Code of the Russian Federation.

It is impossible to change the terms of the contract if one of the parties does not agree to it.

If the change in the contract entails the mutual consent of the parties, adjustments are made by signing a new agreement in the same form, with mandatory certification by a notary. Otherwise, all changes are considered invalid, and all previously stated points are considered mandatory and are subject to execution.

In the event that any party’s material conditions have changed or there are pressing reasons to change the terms of the agreement, but at the same time, the other party does not agree to change the clauses in this agreement, you can go to the magistrates' court with a request to change the validity of this agreement in court.

If we talk about algorithm for changing the contract in court, it looks like this:

1. The party that wishes to change the validity of the contract sends a written notice of this to the other party.
2. In case of refusal, the opposite party must send a corresponding statement.
3. After receiving the refusal, it is drawn up and submitted to the magistrate's court.
4. The court, within 30 calendar days from the date of receipt of the application, considers this case and makes its decision.
5. If the decision is positive, the contract is subject to adjustment.

It is necessary to take into account that in court it will be necessary to present compelling arguments to change the clauses of the agreement, otherwise a refusal will follow.

When an agreement can be invalidated

In most cases, an alimony agreement can be invalid in such cases:

• if the minor child for whom alimony was paid has come of age;
• a minor child is officially married;
• the child is recognized as capable. For example, he began working officially before his 18th birthday;
• the payer died for some reason. It is worth noting here that alimony payments are not inherited;
• the contract was drawn up with errors and has no legal force;
• the agreement was declared invalid by a judicial authority;
• the recipient of alimony (child) died.

Termination rules

In order to be able terminate this agreement Several nuances must be taken into account, namely:

• the alimony payment agreement can be terminated by mutual consent. If one of the parties does not agree to terminate the contract, it will not be possible to terminate it voluntarily and you will need to go to court;
• With mutual consent, the agreement can be terminated at any time.

If we talk about the contract termination algorithm

If this agreement was the basis for calculating alimony as a percentage of wages, then to stop such accruals, the payer will have to contact the accounting department at his place of work and present a document certifying the termination of the agreement.

If we talk about the judicial option of termination, then it is as follows:

1. A claim is filed.
2. The court is considering this issue.
3. The plaintiff presents arguments about the need to terminate this agreement.
4. The court makes a decision.

If the arguments are substantiated, the court order states that this agreement has been terminated.

Advantages and disadvantages of entering into an agreement to pay alimony

If we talk about ourselves benefits of this agreement, then first of all this concerns the amount of payments, since here it is possible to agree on an increase in the amount, while in court, payments that are standard by law will be assigned.

Moreover, when signing such an agreement, the parties communicate with each other for a minimum amount of time, since legal proceedings may drag on for a month or even more.

If we talk about shortcomings, then they may manifest themselves in the fact that one of the parties does not want to change the clauses in the agreement if necessary, and then this will be problematic. Indeed, in practice, courts are reluctant to agree to this.

If you imagine that the amount of alimony under the contract is a fixed amount, and after a few years, the payer is fired from work and has nothing to pay alimony with. He turns to the recipient with a request to change the contract, but he refuses and this is where the whole judicial “valakit” begins.