Voluntary agreement to pay child support to parents. Agreement on payment of child support to parents

The legislation provides special document– agreement on payment of alimony. It contains a detailed description of the payment procedure: amount, terms, method of transferring funds, etc. important points. Sample of this document and important legal nuances, which you definitely need to pay attention to – more on that right now.

Signed if there are no disagreements between the parties regarding the procedure for paying alimony: in amount, terms, etc. important conditions. Basic legal norms according to the conditions for its preparation, they are prescribed in the Family Code (Chapter 16). It always reflects the following points:

1. Amount of funds for each child.
2. Frequency of payment.
3. Method of transferring funds (most often to a bank account).
4. The period during which it will be valid.
5. Possible measures of liability in cases where the parties shirk their obligations.

The document is signed between the parents:

• the person who must pay the fee;
• a person who receives payment for the maintenance of children.

Moreover, the law allows only one case when the parties do not personally sign the paper - if they are declared incompetent (fully or partially). In this case, the presence of their guardians is mandatory.

Thus, this is an agreement between parents, which they enter into without judicial coercion, of your own free will. If there are even small contradictions that the spouses could not agree on, then signing the document is impossible. In such cases only decision- going to court.

Even if there are actually some disagreements, it is better to try to reconcile them peacefully, because the legal process will take much more time and effort than the registration process.

How to apply: step-by-step instructions

The parties can compose the text themselves. However, in any case, you will need to have it certified by a notary. If this is not done, the document is not considered valid, and it will be almost impossible to prove its validity in court.

That's why step-by-step instruction looks like that:

1. The parents go to the notary.
2. Agree and edit the text of the agreement.
3. They sign him.
4. Receive a seal and signature of a notary (certification).
5. Make the necessary amendments to the document subsequently (if necessary).

Drafting text and notarization

Initially, parents discuss all the important points that will subsequently be reflected in the text (amount, payment dates, etc.). You can even make a draft in which you write down everything necessary information, since it is assumed that at the time of coming to the notary, all disagreements are completely resolved.

Then you can contact any notary and take with you:

• original passports of each parent;
• birth certificates for each child (even if the children are already 14 years old and have received a passport);
• original certificate from the place of employment, which confirms the salary level of the payer; The certificate must be obtained at least within the next 3 months.

The average cost of a notary service is about 3-7 thousand rubles(depending on the specific region).

NOTE. The presence of such a certificate is a legal requirement, since minimum size alimony payments are established as a certain share of confirmed income. Therefore, even if the parent agrees to pay a large amount, the document will still be needed.

How to determine the amount of alimony

Requirements to minimum amount payment of alimony are contained in the legislation. The amounts are established as shares of income, which is officially confirmed by relevant documents (more details in the table).

It is important to understand that income includes not only wages, but also:

• scholarships;
• insurance payments for sick leave;
• pensions for any reason;
• income received as a result of business activities;
• unemployment benefits;
• income received from renting out an apartment (or commercial real estate) for rent/rent;
• funds received as a result of performing services for relevant agreements(for example, tutoring services, driver services, etc.).

By maximum amount no restrictions, i.e. even if certain exact amounts, the parent may, at his discretion, list more money. But this does not mean that in next month he will pay less, i.e. no recalculation will follow.

If the citizen is unemployed, this does not mean that he is not obligated to pay any alimony at all. In fact, even in the absence of income or the unstable nature of cash receipts, the parent must support his child. IN similar situations payment is established in the so-called firm monetary equivalent. This means that the spouses themselves agree on a specific, fixed amount, which one of them undertakes to pay monthly. However, this amount may also be set as a share (of the non-permanent or unofficial income). If you can’t reach an agreement, you will have to defend your position with the help of judicial trial.

When composing the text, you can pay alimony both in money and in the form of property, valuable papers, precious metals and other valuables that can be registered in the name of a child (shared or full ownership).

Sample 2017 - 2018

Strictly established form No. However, it should contain several important points:

1. Title of the document.
2. Place of registration (for example, the city of Krasnodar) and date.
3. Information about the party who will pay alimony (full name, passport details and registered address).
4. Information about the recipient of alimony (the same).
5. Information about each child:

• registration address;
• birth certificate data (up to 14 years);
• If you are 14 years old, enter your passport details.

1. Subject of the agreement – ​​i.e. the actual transfer of funds of a certain amount and in certain time as payment for alimony.
2. Conditions for making payments - here you need to describe several requirements at once:

• method of payment (cash or in the form of property, as well as mixed; as a share or as a fixed amount);
• when parents choose a fixed amount, it is necessary to indicate the conditions for its increase in accordance with the rate of real price growth (for example, 5% per year);
• The frequency of payments can be set arbitrarily, i.e. optionally monthly (every week, every six months, etc.);
• validity period - in normal cases, until the child turns 18 years old, although the parties can agree on other nuances (for example, until graduation from a university or technical school, until official employment child);
• method of transferring funds - most often non-cash (details and name of the owner are indicated bank account), cash or postal transfer is also acceptable.

1. Next, you need to specify the rights of each party - in in this case This refers to the possibility of changing the agreement in certain cases.
2. Finally, they indicate the liability that is assumed in cases of partial or complete non-fulfillment. Signatures and transcripts are added.

If liability measures have not been prescribed, then by default these measures are established by civil law. That is, in controversial cases injured party must go to court to restore order.

The text is printed on letterhead notary, signed by him personally. A blue stamp is also affixed. This form is usually used.

It is important to understand that the parties can draw up an agreement for each child separately or draw up one text in which they can stipulate the conditions for paying child support for each of them at the same time. Moreover, the text in the case of 2, 3 or more children is fundamentally no different - it contains the same points.

NOTE. The duty of a notary is not only to simply certify the text of a document, but also to guarantee compliance with family law. At their discretion, parents can contribute additional conditions however, they must not contradict the minimum requirements of the law.

Termination or change

It is possible to change one or more terms of the agreement (for example, on the period and procedure for paying alimony), as well as its termination.

You can make amendments:

1. With the help of a notary - the same one who compiled the original text, or any other.
2. If the spouses cannot agree on changes, then the interested party must independently go to court.

A similar situation regarding termination - this procedure can also be done either in court or by mutual agreement at the notary. But under no circumstances can the parties make changes or terminate the document on their own - again, it must be certified by a notary.

NOTE. Even if the agreement itself is terminated, but by law the parent must commit due payments, his obligation does not disappear. That is, the recipient of alimony remains the right to receive funds until the child turns 18 years old.

If the agreement is not fulfilled

In this case, the party that suffers the damage has 2 options:

1. Contact the employer with whom the spouse has an official agreement employment contract, and present the original text of the agreement.
2. Contact the bailiff service (the department that corresponds to the official registration of the person evading his duties).

Contacting the bailiffs is a more effective option, since in these cases enforcement proceedings begin immediately. Within a few working days, the parent is issued a writ of execution, which has legal force court decision and therefore binding. The execution procedure itself is carried out by bailiffs (for example, confiscation of property, arrest of an account, etc.).

Judicial practice on change

It is important to understand that an agreement is a fully-fledged document, correctly executed and certified by a notary. legal document, the terms of which both parties are obliged to comply with. Moreover, if a citizen takes on increased obligations, i.e. undertakes to pay O a larger amount than required by law, which means he must strictly follow this rule.

It can be compiled based on minimum requirements family law or any other. But if a citizen does not fulfill the conditions, therefore, the recipient of alimony will turn to bailiffs or even to court to restore order. In most cases, the court relies precisely on the fact of the signed document.

Although in some cases, changes in certain circumstances may lead to a revision of the entire text or some of its terms. Of course, all these changes must be documented by the interested party. There can be quite a lot of them, but in general these circumstances can be combined into 2 large groups:

1. Changes that are related to the financial security of the payer. This is a change in income, loss of work, receipt of any disability group (and, accordingly, complete or partial loss of ability to work), a decrease in income from commercial activities. This group also includes the effect of force majeure factors. For example, an apartment burned down, which generated income from renting it out, car theft, theft of funds, etc.
2. Changes related to family circumstances. Mainly they have to do with new family, which the payer can enter. If he adopted a child, if he new wife(relationships with which are legalized) went out to maternity leave, then by law he is obliged to support them too. Accordingly, actual alimony payments are reduced.

In many cases, the court takes into account other factors that worsen or improve the financial situation. Therefore, in each case, the decision directly depends on how well the party can justify its position.

When it ends

Along with the obvious case when the agreement ceases to be valid after the expiration of the period specified in the text, there are several other reasons:

1. Death of the payer.
2. The child reaches the age of majority or the age specified in the text.
3. Adoption of a child by another parent.
4. Loss of legal capacity (as well as ability to work) by the payer.
5. The payee committed a crime against the payer.

Thus, it is drawn up and signed exclusively in the presence of a notary and with his direct participation. Video commentary

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

Rules providing for mutual family responsibilities, recorded in the RF IC. Both parents are required to provide necessary funds for the maintenance of their minor children to provide them decent level life and education.

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

Important! If a disagreement arises regarding the establishment said obligation an agreement on alimony cannot be formalized, 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 following situations:

• the parent avoids allocating funds from his income;
• due to termination family relations there is a need to ensure that funds are received from a 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 outside judicial procedure, although for this type of legal relationship it may also be provided forced order execution. 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 RF IC all are indicated necessary signs of this agreement:

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

Attention! An alimony agreement requires the consent of both parties, not just one of them. Even if the payer is ready to commit to assume obligations under the agreement, without the signature of the other party, the agreements will not acquire legal force. Download for viewing and printing:

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 register correctly alimony agreement? The answer to this question will be given by Art. 100 of the RF IC - “the agreements reached between the parties are drawn up in the form written document and must be certified by a notary.”

The participation of a notary in the execution of an agreement ensures 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 character executive document.

Download for viewing and printing:

Thus, the state grants the notary the authority to verify all significant conditions when concluding this type of contract.

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 lawyer family issues, who will prepare a draft agreement for subsequent certification by a notary.

Important! A notary has no right to refuse to certify a document if the parties have brought a draft of it, prepared independently or with the help of a lawyer.

The particularly important nature of the obligation is determined by the accuracy of the wording and knowledge of legal requirements, therefore independent registration documents may lead to problems with the execution of 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;
• exact order payments: in cash, by transfer to an account or bank card, via mail, etc.;
• fixed deadlines payments: monthly, weekly, on payday, etc.;
• payment amount: fixed size regular payment or percentage of salary.

Attention! Citizens have the right to independently determine the conditions and content of obligations when drawing up this document, however, agreements cannot worsen the situation of the child in comparison with the guarantees of the law.

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 regarding the amount and timing of payments, they must contact a notary office with finished project agreement, or draw up the paperwork directly from a notary.

To draw up an agreement on alimony with a notary, you must submit 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.

Important! Submission of a marriage document is not prerequisite, since the alimony legal relationship may not be related to marital status.

Peculiarities of document preparation by a notary

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If, when checking the agreements of the parties, the notary determines 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, it will be necessary to pay the cost of the tariff, which is approved notary chamber and may vary by 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 writ of execution and send it to forced collection.

Change and termination of the agreement

During the execution of 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 judicial procedure upon request from an interested party.

Attention! If citizens voluntarily decide to change one or more provisions of the agreement, they need to contact the notary’s office again.

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 contact judicial institution The following conditions must be met:

• significant change in family or financial situation 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 duplicate;
• marriage or divorce certificate (depending on marital status participants in the process);
• alimony agreement that needs to be changed;
• certificate for children;
• written evidence supporting the basis for the claim.

During court session may be submitted 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 a statement of claim from the interested party. The said claim is brought:

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

IN 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 be used to confirm specified 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.

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This type agreements are concluded by persons wishing to voluntarily determine the procedure for paying alimony at any time life together, both before and after. The concept was introduced in legal practice and is more fully revealed within the framework as a whole.

The agreement specifies all the rights and obligations of the participants governing the agreement, as well as the regulations for implementing the provisions in practice. Sample agreement on payment of alimony in 2018 contains data of the parties, calculation of the amount of payment, conditions and procedure for making payments, as well as responsibility for non-fulfillment and adjustment of amounts over time. You can view and download here: . The parties are free to indicate other conditions, not contrary to law, since the state proceeds from voluntariness, and therefore awareness of the agreement being concluded. The participants are the payer and recipient of alimony, as well as their legal representatives, if there are reasons that do not allow their direct participation.

There are frequent cases of oral discussion between the parties about the fulfillment of obligations, but the law does not recognize this form as having full legal force. The most significant is written form, signed by both parties and certified by a notary, as expressly stated in.

This form provides a full guarantee of acceptance of the document by bailiffs, on a par with a writ of execution issued by the court. If alimony agreement was not certified by a notary, then it does not have legal force at all, that is, to cancel it, you don’t even need to go to the magistrate’s court.

Conclusion and execution of an agreement on the payment of alimony

In relation to the agreement, norms work to a greater extent civil legislation, since this document is only one form of transaction between parents (albeit one that implements family relationships). Conclusion and execution are influenced Civil Code RF.

The legislator regulates the procedure for drawing up an agreement within the framework.

Notarization requires the participation of both parents personally, that is, resolving this issue by proxy is impossible. At the conclusion you must provide:

• identification documents of the parties (passport, temporary ID);
• certificates indicating the financial situation of the parties.

The cost of such a certificate is 250 rubles. Notary services are paid depending on the tariff, as well as the location of the transaction. The full price of the service will approximately range from 1 to 6 thousand rubles.

In case of non-compliance with the terms of the agreement, it is possible to contact the bailiffs for the purpose. This decision The payer can challenge it only in court.

Change and termination of alimony agreement

With regard to any changes and even cancellation of the agreement, all civil law aspects of transactions apply:

1. Changes in conditions are possible upon agreement of the positions of the parties to the transaction.
2. Impossible unilateral termination obligations, as well as changing any part of the agreement at its discretion.

All changes are recorded in in writing and must be notarized, since paragraph 2 of Article 101 establishes only such a procedure for change. also guarantees the absence of coercion and abuse.

If the agreement ceases to meet the principles of justice, and in material and property status persons occurred significant changes, revision current order possible by court. Arbitrage practice indicates high probability cancellation of any agreements that reduce the level of security compared to what it was before the divorce (before the termination of cohabitation).

Invalidation of an agreement to pay alimony

Besides formal grounds related to improper registration and the conclusion of an agreement, invalidity occurs for other reasons, both general for transactions and specific in the field of family law:

• if the agreement seriously infringes on the interests of one of the child’s parents, as well as the dependent himself. As an example, the amounts paid are too low (or too high) and do not allow minor children to maintain a decent standard of living;
• the agreement was drawn up under pressure from one of the parties or the misrepresentation of the participant in the transaction was proven in court;
• payment amounts are lower than those established in.

Determining the amount of alimony

Methods and procedure for paying alimony by agreement

The law obliges the parties to the agreement to spell out all the conditions for paying alimony themselves. Moreover, family law allows you to establish any of the forms of payment available to the court:

1. Regular payments from the payer's income.
2. Fixed regular payments based on the requirements for the child’s standard of living.
3. One-time large payment.
4. Transfer of property in kind covering current and potential expenses for the child.

Parents can combine the format for making child support payments in any way, as prescribed in the Family Code, in particular.

Payments can be made in cash, bank and postal transfers, and electronic money. For the payer, the main point in making payments is recording in the form of a receipt or bank check (payment order). These documents are the most important evidence fulfillment of duties established.

If the parties do not agree with the previous reached agreement, the court can take into account the provisions of the agreement, changing only certain parts of the document in accordance with the law. Therefore, when writing it, they often use the payment procedure established in the Family Code.

Indexation of alimony

Executive services take note of the indexation procedure specified in the agreement, even if it contradicts the potential amount of indexation under the law. Agreeing on the amount and mechanism of indexation is the responsibility of the parties to the agreement.

If within the document this question not disclosed, used in any dispute general method recalculation of the payment amount. To date this order is established and represents a proportional increase in accordance with the increase in the cost of living.

Example of alimony agreement

Spouses who have lived together in marriage and acquired common child, divorced with the definition of alimony from her husband. The husband fulfilled his obligations reluctantly, and then stopped altogether, leaving to work in Belarus.

By that time, the woman had remarried. The husband, by not paying alimony, constantly interfered with travel abroad and violated the rights of the child in every possible way. Using this fact, as pressure, he fraudulently forced the woman to enter into an agreement on the payment of alimony, in which this duty was removed from him. Realizing what happened, the woman went to court.

The court decided:

• do not take into account the fact of concluding an agreement, regardless of its certification, since under the effect of a court decision, all agreements defining other conditions are void, except in cases where such an agreement is concluded by a notary;
• a new marriage or even the establishment of guardianship does not relieve the biological father of the obligation to support the child;
• for abuse parental rights, as well as their failure to comply, the court deprived the defendant of his rights to the child, while establishing a procedure for collecting funds for alimony in a fixed amount monetary amount based international agreement between Russia and the Republic of Belarus on enforcement proceedings and the Convention on the Recovery of Maintenance.

Conclusion

The agreement to pay alimony is concluded for the purpose of fulfilling the main legal form maintaining children out of wedlock. Judicial review Child support cases are an extreme degree of unresolvable contradictions between parents. Considering the voluntary nature of the agreement, the law establishes:

1. The ability to independently write an agreement at your own discretion, if the terms do not contradict the norms current legislation. To do this, you do not need to confirm income or examination; it is enough to establish the level of decent maintenance.
2. Making the agreement equivalent executive power with a court order establishing alimony (writ of execution).
3. All legal problems issues arising during the implementation of the agreement may be considered in court.
4. Termination of an agreement to pay alimony is possible if its terms negatively affect the financial situation of a minor.
5. In cases gross violations, the agreement may be challenged by the bailiff. The main reasons are the discrepancy between the amount of payments under Article 81 of the RF IC.
6. Less essential conditions are also established by agreement, but if they are not in the document, they are appointed according to the norms of the Family Code.

The most popular question and answer regarding alimony agreements

Question: Ex-husband does not want to bring the issue of alimony to court and agrees to an agreement between the parties. How to draw up an agreement so that there are no delays and to protect yourself and your child? Antonina.

Answer: Hello, Antonina. Dedicated to agreements Chapter 16 of the RF IC. Civil and family legislation allows for amendments to notarial agreement on the payment of alimony of any requirements, if they do not contradict the law. Thus, the document must contain:

1. Details of both parties to the agreement, preferably their place of work.
2. Voluntariness implies full consent, therefore it is necessary to establish requirements that do not infringe on the child according to the law - that is, no less 25% or the cost of living in the region.
3. Introduce a clause on liability for non-fulfillment, for example in the form of a penalty.
4. Install exact dates and timing of funds transfer. It is much safer to make and receive alimony through a bank, so enter Bank details will be the right decision.
5. Regulate the indexation of amounts depending on rising prices, rising cost of living, and so on.
6. Establish a procedure for dividing expenses for unforeseen circumstances, such as treatment.

This list can be continued, but it meets the main requirement - responsibility for non-fulfillment.

Ensuring a child has a decent existence after the parents’ divorce is the main task of the former spouses. Therefore, payment of financial support by one of the parents is often made in voluntarily. In this article, we will consider how to correctly pay alimony voluntarily, what payment options exist and what is the procedure for each of them.

Options for voluntary payment of alimony

Many parents who leave the family do not give up their responsibilities for the financial support of the child. Therefore they prefer on a voluntary basis pay alimony.

Helpful information

There are situations when the custodial parent refuses to receive child support. Most often this is due to the emotional side of the relationship between ex-spouses. Read more about refusing alimony in this

There are several ways to voluntarily pay alimony:

1. payments without preparation written agreement;
2. registration of a voluntary agreement on alimony;
3. voluntary payments based on court decision.

All of the above options differ from each other according to several criteria:

1. according to the method of registration;
2. by type of reporting;
3. according to the amount of alimony;
4. on the frequency and timing of payments;
5. by methods of payment and transfers;
6. under warranty obligations.

In order to choose the most acceptable option for specific parents, let's analyze each of them in more detail.

Alimony without a formal agreement

The very wording of this option for paying alimony suggests that the financial support of the child is carried out without drawing up any agreement, having it certified by a notary and involving judiciary. The parent who leaves the family voluntarily pays any sums of money. In this case, payments can have either a fixed or arbitrary size and frequency.

Receipts for transfers and transfers, checks from stores, paid medical clinics, educational institutions etc.

Payment of alimony on a similar basis can be carried out provided that a respectable and trusting relationship has been maintained between the child’s parents.

Voluntary agreement to pay alimony

This type of alimony payments requires a written agreement. Such a document can be drawn up by the child’s parents, regardless of whether they were previously married and lived together. If the child does not have blood parents, then an agreement can be drawn up adoptive parents or guardians.

The parties to a voluntary agreement on the payment of child support are the parents or guardians of the child. When a child reaches 14 years of age, with the consent of the parents, he can also act as one of the parties to the agreement being drawn up. In this case, the document acquires the status of a tripartite agreement.

The subject of the agreement is voluntary payment alimony are the following points:

• payment amount. She may be:
  1. fixed,
  2. expressed as a percentage of wages or other income;
• frequency of payments:
  1. monthly,
  2. quarterly,
  3. annually;
• Payment Methods:
  1. in cash at a personal meeting or through proxies,
  2. by postal transfer,
  3. bank transfer,
  4. transferring any property into the ownership of a child,
  5. natural products,
  6. combined payment method;
• currency of alimony payments. This can be either Russian rubles or foreign currency;
• end date for alimony payments. Officially established by law The deadline for paying child support is when the child reaches 18 years of age, but the parent can voluntarily extend this period. For example, if a child is studying in some educational institution or sick.

The agreement is drawn up in free form, but must contain the following information:

• surnames, names and patronymics of all parties to the agreement;
• details of identity documents. It can be:
  1. passport,
  2. military ID,
  3. temporary identity card issued by law enforcement agencies;
• subject of the agreement. Detailed description given in the article above;
• start date for payments;
• expiration date of the agreement;
• date of signing the document;
• personal signatures of the parties with transcripts.

The agreement can be formalized in a simple writing, and can be certified by notary office. , has legal force and can be transferred to the organization’s accounting department for voluntary transfer of funds.

In order to notarize the agreement, parents need to contact a notary and submit a package of documents:

• passports of both parents;
• birth certificate of the child for whom the agreement is being concluded;
• divorce certificate, if available (after all, the child’s parents may not have been married);
• a certificate from the payer’s place of work indicating the amount of his salary.

Transferring the certified agreement to the accounting department for payment guarantees the availability official confirmation regular transfers in favor of the child. If the payment of alimony is carried out in any other way, then the payer must retain all documents confirming the fact of payment, even after the expiration of the agreement.

The presence of a formalized voluntary agreement is a guarantee that the parent living with the child will not be able to unreasonably inflate the requirements for child support amounts and will not file lawsuit for non-payment of maintenance. He will be able to make any new demands only if he voluntarily mutual termination concluded agreement or its invalidation through court proceedings. The most common reason for termination is a change financial condition payer for worse or better.

Registration of a voluntary agreement is perhaps the most civilized and convenient way payment of alimony, both for the parties to the agreement and for the child.

Voluntary transfer based on a court decision

The decision to pay alimony during court proceedings can also be carried out on a voluntary basis. This is possible provided that the writ of execution has not yet been handed over to the bailiffs.

Each fact of making alimony payments must be recorded with a receipt from the recipient of the funds. This is necessary for reporting on the implementation of the court decision. Without such receipts, upon presentation of any claims from legal representative child, the court may consider that its decision is not being implemented. This is fraught with the imposition of fines and other administrative measures on the defendant.

The video below will tell you about a voluntary agreement to pay alimony:

Registration of receipt – important element when implementing a court decision. This document must be legibly and without blots handwritten by the recipient of the money and contain the following information:

• last name, first name, patronymic (full name) of the recipient of the money;
• recipient's passport details;
• Full name and passport details of the person from whom the amount of money was received;
• if the receipt is written in the presence of a witness, then all his data must be indicated;
• amount of funds in numbers and words indicating the name of the currency (rubles, dollars, euros, etc.);
• purpose of transferring money. The wording should be something like this: “ Cash are transferred to the maintenance of my child (full name) for such and such a period";
• date of document preparation;
• recipient's signature with transcript.

If alimony payments are made through non-cash transfers or postal transfers, then it is recommended to indicate in the purpose of payment: “Payment of alimony for such and such a period.” When sending postal orders, you should order the return receipt option. These receipts are also documents for reporting the payment of alimony.

Any option voluntary payment alimony is The best decision material support child when parents separate.

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An alimony agreement is a voluntary agreement between two parties to pay alimony. The parties to this agreement are the payer and the recipient of alimony payments.

The document itself clearly states all the conditions for the payment of alimony.:

The procedure for concluding an agreement on the payment of alimony in Family Code Chapter 16 is devoted to the Russian Federation (RF IC). As a rule, agreements of this type are concluded between parents of minor children when the question of their maintenance arises. But the legislation also establishes other cases in which obligations to pay alimony arise. These may be payments to one of the spouses, or from adult child in favor of their elderly parents.

Obligations for alimony between such persons can also be fixed using an alimony agreement. In addition, parties may even be persons who are legally have no obligation to provide financial assistance, but carry it out on a voluntary basis.

Legal force

If voluntary agreement on the payment of alimony between the two parties is drawn up taking into account all legal requirements, That the agreement is legally binding writ of execution . This is stated in Art. 100 IC RF. This means that there is no need to resolve the issue of financial assistance in court, since the payer is obligated to make payments in accordance with the agreement.

Article 100 of the RF IC. Form of agreement on payment of alimony

1. The agreement to pay alimony is concluded in writing and is subject to notarization.
   Non-compliance established by law forms of 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.

If the terms of the agreement are not met, then he has the right to apply to the SSP to force the other party to comply with the terms of the agreement. A signed alimony agreement does not exclude the right of the child’s parents to file a claim in court to collect alimony.

Description of the main sections of the document

If the parties agree to resolve the issue of alimony payments peacefully, then they must decide on the terms of such an agreement. The procedure for its conclusion is regulated by Art. 101 IC RF. The agreement must include the following points::

Payment in a fixed amount of money - differences and features

A prisoner voluntary agreement about alimony payments in the form of fixed payments indicates that both parties have agreed on a specific amount that the payer will be obliged to pay in deadlines. The amount of payments is indicated in the document in numbers and words.

The conclusion of an agreement on such conditions is absolutely legal. So, in accordance with Art. 103 of the RF IC, the parties independently agree on the amount to be paid.

There are particularities when choosing fixed payments if payments are made to minor children. The minimum shares of earnings that the payer must transfer to the child are established by law. If parents sign a settlement agreement, then the fixed amount should not be less than that established by law.

The court may order the payment of alimony in a fixed amount if the payer’s income is not permanent.

How to conclude a payment agreement?

The alimony agreement is concluded only in writing. To do this, both parties will need to go through several stages:

Do I need to get it certified by a notary?

A child under 14 years of age does not sign the document; a parent does this for him. After 14 years of age, a minor signs. But the contract contains a clause stating that the parent consents to the transaction.

After the notary has certified the document, each party receives its own copy of the agreement. Notarization document allows you to challenge it in court and collect the debt from the payer. The transaction cannot be carried out by power of attorney; the parties must be present in person.

How to change or terminate?

The alimony agreement is civil contract, and various changes may be made to it or the document may be terminated.

The parties enter into the document voluntarily, having agreed on all points. If one of the parties has expressed a desire to make any changes to it, then this decision should be discussed by both parties and made mutual consent. In order for changes to be made legal, both parties must indicate them in writing and have them certified by a notary.

If one of the parties does not agree to amend the document, then the issue may be considered in court. If the payer and the recipient of payments have agreed among themselves to terminate the contract, then they must formalize this in writing with a notary.

If only one party wants to terminate the agreement, then only a court can make a decision.

Amount of cash benefit to be recovered

The alimony agreement may be more profitable option to pay alimony, because the payer and the recipient can agree on larger amounts than the court could award.

The most important condition is that the amount agreed upon by both parties is not less than the payments required by law. The parties establish the amount of alimony depending on their financial situation, as well as the needs of the recipient.

Alimony can be calculated in different ways:

• as a share of the payer’s income;
• in a fixed amount of money;
• as a one-time payment;
• mixed payments.

If the payer and recipient are considering making payments in a fixed amount, then to determine the amount, not only the needs of the party in material support, but also minimal living wage at the time of calculation.

Invalidity of the contract

A voluntary notarial agreement on the payment of alimony may be declared invalid in court.

Conditions for declaring an agreement invalid:

1. The agreement specifies the amount of payments that less than that, which the court could establish.
2. The agreement is drawn up incorrectly; it does not indicate all mandatory items agreement.
3. The agreement was concluded minor from 14 to 18 years old, and the consent of a legal representative was not obtained.
4. If the contract was concluded under pressure on one of the parties, and, accordingly, there was no voluntary signing agreements.

Not only one of the parties to the agreement, but also another may submit an application to the court to invalidate the agreement. interested party whose interests were violated when signing such a document.

In general, if the payer and recipient of alimony do not have a conflict on this issue, then the best option to legally fix the rights and obligations of both parties regarding payments will be the conclusion of a settlement agreement.

For the parties, such an agreement has many advantages., but if over time some situations arise that the parties cannot agree on on their own, then the court will help restore justice.