Agreement on payment of child support: sample, size

Source: https://posobie.online/alimenty/roditelyam/soglashenie-ob-uplate-alimentov.html

Alimony agreement with a notary - sample and procedure for drawing up

Family law rules require citizens to take care of their relatives. This is difficult to do if loved ones do not live together. In most cases, citizens resolve this issue on their own: they sign an alimony agreement or verbally agree on the procedure for dividing expenses. An alternative option is to go to court.

Who can draw up a document?

The alimony payment agreement is signed by the following persons:

• parents of the child, if he has not reached the age of 18;
• a citizen and parent who cannot independently provide for himself due to disability;
• spouses, if one of them needs financial assistance;
• other relatives and their dependents, if they are required to support them.

Read also: Payments to children under three years of age in 2020: large families, low-income people

What can the parties agree on?

In an agreement on the payment of child support, parents may agree on the following:

• on the amount of payments (for example, Article 81 of the RF IC establishes minimum levels of material support for minors);
• on the procedure for transferring funds (transfer of cash, postal transfer, crediting to a bank card);
• on the validity period of the document (the agreement can be applied, for example, until the child reaches the age of majority);
• on the procedure for indexing alimony established in a fixed amount.

Citizens can set the amount of payment in a combined form. For example, the payer transfers 25% of wages, 50% of apartment rent, 5% of fees for the publication of scientific articles. The main thing is that such a provision does not contradict the provisions of Article 81 of the RF IC.

Parents also have the right to agree on an in-kind payment of alimony. For example, the payer transfers residential premises to the recipient to live in together with the child.

A conclusion where the payer will be another person transferring money instead of the parent will not be valid. The responsibility to provide for minor children is inextricably linked with the personality of a particular person and cannot be transferred to another person. Even if such actions improve the well-being of the child himself. This conclusion can be drawn from the content of Article 80 of the RF IC.

Contents of the agreement

The text of the document should reflect the following information:

• name and date of compilation;
• FULL NAME. citizens indicating their roles (payer and recipient of funds);
• information about the child to whom maintenance is provided;
• references to Articles 100, 101, 83 and 80 of the RF IC, which establish the legal grounds for concluding such agreements;
• rights and obligations of the parties;
• the amount of payments (the percentage of the payer’s deductible income or the amount in words is indicated if a fixed amount of alimony is established);
• timing of funds transfer (for example, no later than the 23rd day of each month);
• penalties for violations of the provisions of the document (for example, penalties for late payments);
• the procedure for incurring costs for transferring money (the post office charges a commission);
• an algorithm with the help of which a settlement agreement on alimony can be changed;
• prohibition on unilateral refusal to fulfill agreements;
• who pays for the services of a notary who certifies the alimony payment agreement;
• number of copies of the document;
• signatures, surnames and initials of the parties;
• notary's certification.

It is advisable to add a sample receipt to the alimony payment agreement if the parties have agreed to transfer money in cash.

The parties, at their discretion, may indicate each other’s passport details. Details of personal documents will be useful if the alimony agreement is sent to the bailiffs in the future.

The date the document was compiled is very important. It is from this day that the new procedure for transferring money comes into effect. All verbal agreements reached earlier cease to be taken into account.

The form of agreement on payment of alimony is special. The parties must not only draw up the document in writing, but also contact a notary to have it certified. This requirement is established in Article 100 of the RF IC. Violation of this condition leads to the invalidity of the entire document.

Download in Word [20.50 KB]

Benefits of the document

There are several reasons why citizens prefer to independently agree on the procedure for paying alimony:

1. The parent directly raising the child may receive more support. For example, a citizen receives income unofficially, so the amount specified in the agreement on the maintenance of minor children exceeds his monthly income. If the other parent goes to court, the amount of money transferred may decrease.
2. Citizens can change the contents of the document within certain limits. For example, the payer had a child in another marriage, and based on the provisions of the law, he can reduce the amount of alimony. To do this, you can enter into a new agreement or change the court decision in the manner described in Article 119 of the RF IC.
3. Good relations remain between the spouses. In most cases, litigation leads to a severance of social ties between parents. Many alimony payers try to understate their income in order to transfer less money, as they consider the court’s conclusions to be unfair.

Algorithm of actions

Initially, citizens must determine whether they have the right to enter into an agreement. After this, the parties discuss the terms of future payments, the procedure for transferring funds and other conditions.

Then citizens agree on how and where the document will be signed. At the notary, interested parties present information about the agreements reached. The specialist records the information and draws up a settlement agreement on the payment of alimony.

The notary must examine citizens’ documents: passports, child’s birth certificate. We need to make sure that the parties sign the agreement voluntarily and that no one misled them or put pressure on them.

  The cost of such services will be about 5,000 rubles.

A notarial agreement on the payment of alimony can be sent for enforcement. Such a document is used by bailiffs in the same manner as a court decision. If the payer does not want to voluntarily transfer funds or does so irregularly, then the recipient of the money can forward the agreement to the executors so that they can collect the amount.

Termination of the agreement

The agreement to pay alimony becomes invalid in the following cases:

1. The child has reached the age of 18. If the child is recognized as an adult earlier, the agreement will also cease to be valid. For example, if a citizen gets married.
2. The child, payer or recipient of the money has died. Alimony obligations are eliminated.
3. One of the parties went to court to establish a different procedure for transferring funds. The government body made a decision that entered into legal force.
4. The document has expired.

Interested parties can go to court at any time to resolve the issue of alimony payment. Then the agreement will cease to apply. However, bilateral agreements remain the most effective way to share child support costs.

Source: https://isk.guru/semejnoe/alimentnoe-soglashenie/

Settlement agreement on payment of alimony (sample) 2020

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The divorce procedure can be completed quite quickly, provided that the divorcing spouses did not have children. If a husband and wife have children, the marriage can only be dissolved through the courts. But even the judicial procedure can be speeded up and simplified if you resolve “children’s” issues (about place of residence, financial support, raising children) yourself by drawing up an appropriate agreement.

So, family law offers parents the opportunity to resolve a complex alimony issue independently and voluntarily - by drawing up an alimony agreement. The main condition is the willingness of the father and mother to negotiate and fulfill agreements on providing for their common children.

What is an alimony settlement agreement? What are the contents and procedure for drawing up an alimony agreement? You will find answers to these and other questions in this article, but if you need additional information or legal advice, please contact us for a free consultation on our portal.

Concept of alimony agreement

An agreement on payment of alimony is an agreement that is voluntarily concluded between two parties: the payer and the recipient of alimony, an agreement that provides for the essential conditions for the payment of alimony: amount, terms, method of payment, responsibility for failure to fulfill alimony obligations, procedure for changing and terminating the agreement, others conditions.

Alimony relations most often arise between parents of minor children.

However, the law provides for the possibility of alimony obligations arising between, for example, husband and wife, adult children and elderly parents.

It is also possible that alimony relations may arise between persons who, by law, do not bear any obligations to each other - this follows from the principle of voluntariness of alimony relations.

For example, according to a child support agreement, an uncle, grandfather, brother, or even a stranger who is not obligated to do so can support a minor child. Another example: a father can support an adult student, although by law he can stop paying when the child reaches 18 years of age.

Benefits of alimony agreement

• A voluntary agreement on alimony has the legal force of a writ of execution. This means that you don’t have to go to court, but receive the money the child is entitled to on the basis of an agreement. If the alimony payer does not fulfill the obligations voluntarily, the recipient of the funds may apply to the SSP to enforce the terms of the agreement;
• On the basis of an alimony agreement, you can receive larger sums of money than those that would be established by the court on the basis of the law. Parents themselves agree on what amounts of money should be paid to meet the needs of the child. The main thing is that these amounts are not less than those provided for by law;
• Parents can agree on a payment procedure that is convenient for them - for example, provide for monthly or quarterly payments;
• If the alimony agreement does not provide for some essential conditions, this does not make the agreement invalid - issues not taken into account by the parties are regulated by current legislation. For example, if the parties did not indicate the amount of the penalty for late alimony payment, it is calculated in the amount of 0.1% of the debt amount for each day of delay in payment - according to Article 115 of the RF IC. The same rule applies to the indexation of alimony payments - even if the parties have not provided for the indexation procedure, it is carried out in accordance with the law in order to avoid depreciation of alimony payments due to inflation.

When is a child support agreement concluded?

It may seem that drawing up an alimony agreement is a procedure that accompanies a divorce. But a voluntary agreement to provide for children can be concluded between parents at any time - both during marriage and after divorce.

Read also: Gardeners’ fees: membership, targeted, tax exemption

For example, a husband and wife do not live together, but they do not file for divorce. But by agreement of the parties, the father transfers monthly to the mother’s bank account a certain amount of money necessary to meet the needs of the common child.

Note! The presence of an alimony agreement does not deprive parents of the right to file a claim in court to collect alimony. This can be done at any time – until the child reaches adulthood. For more information about the time limits for collecting alimony through the court, read the article “Is there a statute of limitations for alimony?”

The procedure for concluding an alimony agreement

According to Article 110 of the Family Code, the procedure for concluding a voluntary agreement on alimony is the same as the procedure for concluding any other civil law agreement. This means that the alimony agreement must comply with the legal requirements for the form and content of the agreement.

The form of the alimony agreement is written, with the signatures of the parties, with a notary’s certification. A document that is not certified by a notary does not have the legal force of a writ of execution and is not subject to transfer for forced execution to the SSP.

The contents of the alimony agreement must also comply with legal requirements. The document must contain the following information and conditions:

1. Information about the parties (about the payer and recipient of alimony) – full name, date of birth, place of registration, place of work,
2. Information about a minor child - full name, date of birth, place of registration;
3. The subject of the agreement is the payment of alimony for a minor child;
4. Amount, procedure, period of payment of alimony;
5. Validity;
6. Rights and obligations of the parties;
7. Responsibility of the parties for failure to fulfill the agreement;
8. The procedure for making changes and terminating the alimony agreement;
9. Other conditions (for example, indexation of alimony payments if they are set at a constant amount);
10. Date of;
11. Signatures of the parties.

Contents of the alimony agreement

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

Amount of alimony

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

So, alimony can be paid...

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

The only limitation in determining the amount of payments is the minimum established by law. In other words, you cannot pay less than what the court would rule on the basis of the law.

And the law establishes that for one child one should pay a quarter of the parental income, for two children - a third, for three, four, five or more children - half of the parental income.

If parents set the amount of alimony payments not as a percentage of earnings, but as a constant amount, they should be guided by the real needs of the child, focusing on the cost of living in the region of residence.

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

Procedure for paying alimony

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

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

Alimony payment terms

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

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

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

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

Indexation of alimony payments

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

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

Additional terms

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

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

Responsibility of the parties

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

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

Sample settlement agreement on payment of alimony 2020

An example of an alimony agreement can be found below:

You can use the sample provided to draw up an alimony agreement, taking into account your own circumstances and other individual characteristics. If you have any difficulties, you can seek a free consultation from a lawyer on our portal.

Procedure for amending or terminating the alimony agreement

If parents have drawn up and signed a voluntary agreement, this does not mean that its terms will remain unchanged forever. Like any other civil contract, an alimony agreement can be changed or terminated by the parties.

Changing the child support agreement

Since the contract is concluded by agreement of the parties, changes can be made to it, also by agreement of the parties. This can be done at any time during the term of the contract. The main condition is that changes must be made in the same form as the contract itself. That is, in writing with notarization.

If only one of the parties wants to make changes to the alimony agreement, and the other does not agree, the dispute can be resolved in court.

For example, a court may consider a dispute about amending a document on the basis of significant changes in the family or financial situation of the parties, which may result in an increase or decrease in the amount of alimony payments. It is possible to make changes to other terms of the agreement.

Termination of alimony agreement

You can terminate the alimony agreement according to the same rules by which you can make changes to it. Termination of a voluntary agreement occurs by mutual agreement of the parties, in writing with notarization. A unilateral intention to terminate an alimony agreement is considered in court.

Note! Even if the parents terminate the agreement, this in no case relieves them of the obligation to support minor children. A parent with whom minor children live can at any time file a lawsuit to collect alimony from the other parent.

Failure to fulfill parental responsibilities for the maintenance of children entails the application of administrative or even criminal liability measures provided for by law. Read more about this in the article “Criminal liability for non-payment of alimony”.

Source: http://law-divorce.ru/mirovoe-soglashenie-ob-uplate-alimentov-na-rebenka/

Settlement agreement on the payment of child support (sample) 2020, how to draw up a voluntary agreement on the payment of alimony

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Each parent is responsible towards their children, even if they do not live with them. The divorce process of parents should not become an obstacle in providing children with the necessary necessities, their basic life needs. For this purpose, the legislator introduced the concept of alimony, which can be assigned both in court and on a voluntary basis.

The alimony agreement is concluded by the parties on a voluntary basis. The document can contain almost any conditions, as long as they do not violate current legislation and do not infringe on the rights of the child. The agreement will have legal force only if it is notarized in accordance with the requirements of current legislation.

Benefits of alimony agreement

The legislator has provided two main ways of assigning alimony:

• Voluntary order.
• Judicial order.

If the parties can agree on the amount, procedure for payments and other points, then the voluntary method will undoubtedly be beneficial, since it provides more opportunities for compromise to each party and significantly simplifies the procedure for receiving child support by the parent with whom the minor remains.

The voluntary order has two options.

• in the first case, the payer pays a certain amount independently, based on an oral agreement;
• in the second, the parties enter into a notarized agreement.

It is possible to pay alimony in accordance with an oral agreement, but this method has a number of risks and disadvantages.

First of all, it is disadvantageous for the payer, since the recipient has the right to go to court and the obligated person will have to prove that the obligation has been fulfilled in the proper amount.

That is why the parties are recommended to enter into an agreement or, at a minimum, receive a receipt for alimony when paying any amount.

The agreement allows for the proper delimitation of the rights and obligations of the parties, but it cannot violate the rights of the child. If the parties contact a notary with the text of an agreement that obviously contradicts the interests of minor children, he has the right to refuse to notarize it.

A notarial alimony agreement in its force is equivalent to an executive document. If the alimony payer refuses to voluntarily pay funds for the child, the agreement may be transferred to the FSSP for enforcement under the conditions specified in the agreement.

IMPORTANT: The amount of alimony established by agreement of the parties cannot be less than the amount accrued to the child by law.

Cons of the agreement

Undoubtedly, concluding an agreement is a convenient and accessible mechanism for the parties, which allows one to avoid lengthy legal disputes, reduce costs and save time. However, this method of conflict resolution also has some disadvantages:

• The document can only be drawn up voluntarily.
• You can cancel or change the agreement voluntarily, but if one of the parties does not agree, the process becomes significantly more complicated. Changing the conditions or completely canceling the document can only be done through the court, if there are significant reasons for this.
• The document may not take into account the interests of other dependents of the payer, and therefore may be canceled by the relevant interested party in court.

Read also: Division of property in a civil marriage

In general, the agreement has more positive aspects and, with the right approach to its implementation, helps to significantly simplify the process of assigning alimony payments, simplifying the procedure for collecting child support for both the payer and the recipient of alimony.

Procedure for concluding an agreement

An agreement on alimony is concluded only by a notary. Any written documents defining the payment procedure, but not certified by a notary, will not have legal force and can only be executed by the good will of the payer.

To certify the agreement, the parties must contact any notary, regardless of the place of residence of the parties or the child. A notary's refusal to certify a document due to territoriality is not permitted and can be appealed in accordance with the procedure established by law.

The notarial agreement is concluded in the following order:

• Conducting negotiations regarding the main points of the agreement.
• Collection of necessary documentation.
• Preparation of the text of the agreement.
• Contact the notary with the agreement and the necessary documentation.
• Signing the document and notarizing it.

In the process of checking a document, a notary can point out the illegality of certain points; the parties have the right to correct them or not enter into an agreement if they cannot come to a compromise.

Settlement agreement on alimony in court

In addition to the pre-trial agreement, it is worth highlighting the settlement agreement concluded at the trial stage.

It is important to distinguish between two types of alimony agreements:

• A voluntary agreement concluded without trial and before going to court;
• A settlement agreement concluded directly in court after a claim for alimony has already been filed.

The parties also have the right to conclude a settlement agreement within the framework of the trial, in which case it is certified by the court. A document approved by the court will also have the force of a writ of execution and can be presented for enforcement to the FSSP.

To conclude a settlement agreement in court, the parties must agree on the procedure for maintaining the child and draw up a corresponding written petition and a draft settlement agreement.

These documents are submitted to the court for consideration, following which the judge makes a decision to approve the agreement or to refuse it, continuing the hearing of the case on the collection of alimony.

How to draw up and formalize a voluntary agreement to pay alimony

A voluntary agreement on alimony must comply with the requirements of current legislation, otherwise the notary will refuse to certify it. Failure to comply with the form will also result in its invalidity, that is, it can be used to justify the recipient’s claims or to protect the rights of the payer.

Before concluding an agreement, the parties must discuss all its main points. It is recommended to compose the text before contacting a notary, but it is possible to apply to the chamber without one.

The notary may offer the drafting of the agreement as a separate service, but will be based on the provisions specified by the parties. Such a service will be regarded as technical work and will be paid separately.

Form

The alimony agreement is concluded only in writing and this form is required to be followed!

The agreement itself must be certified by a notary. If this condition is not met, the parties cannot use the document as evidence, or as a writ of execution.

A correctly certified document, in case of non-execution, can be submitted to the bailiff service. The FSSP will be able to initiate enforcement proceedings on its basis. The recipient will not have to go to court for a separate decision.

Content

The agreement must necessarily contain the following points:

• Names of the parties, their addresses, passport details.
• Information about the child, his date of birth.
• Amount of payments in favor of the child. If it is too low, the notary has the right to refuse to certify the agreement, since it cannot violate the requirements of the law or infringe on the interests of the beneficiary.
• Frequency of payments.
• Conditions for termination of payments (example: a child acquires full legal capacity as a result of starting a business at the age of 16 or getting married).
• Conditions for changing the amount of payments (both up and down).

The agreement must indicate the full details of the parties, that is, the recipient, the payer, as well as the beneficiary, that is, the child. Data is provided from official documents, that is, passports and birth certificates.

The text may provide for additional rights and obligations of the parties if they do not contradict current legislation. The date of drawing up the agreement is also indicated, and the signatures of the parties are affixed.

Sample settlement agreement on payment of alimony 2020

The presented sample reflects the main provisions of a standard alimony agreement.
The parties have the right to include in the document any other conditions that do not contradict the law and the interests of the child. For example, establish payments in a fixed amount or tied to the subsistence level, rather than the minimum wage.

When drawing up an agreement, it is better to consult a specialist in advance. Our lawyers are ready to help you at any time, providing advice completely free of charge.

Ask a Question

The specified sample can be used both for conclusion in court and for agreeing and approving the terms of payment of alimony outside the court procedure.

Download sample agreement

Payment procedure and amounts

The procedure for paying alimony is determined by the parties voluntarily. The most commonly used standard option is monthly payments, the amount of which must also be determined properly.

The legislator provides the following methods for calculating alimony:

• As a percentage of the payer's income.
• In a fixed size.
• Through the transfer of certain property or a one-time payment of a large sum of money.

Fractional size

Calculation of alimony in a shared ratio is used, as a rule, when the payer has a regular income. Its size will be standard: for one child - a quarter, for two - a third, and for three or more - half of the income.

IMPORTANT: These are the minimum amounts of alimony; the parties can agree on a larger amount, since the law does not limit the upper limit of alimony.

Fixed amount

Alimony in a fixed amount is also calculated according to established rules and depends on the cost of living for the child in the region of his residence. If such an indicator is not established in a specific region, then the federal one is used for calculation. The size is not always equal to one such value, but can be any value.

The minimum wage can also be used as a starting value for calculating alimony.

One-time payment

The parties may provide for the possibility of transferring certain property as alimony. This must be valuable property, such as a home for the child and the parent who remains with him.

A one-time payment of a large amount of funds is also allowed, the amount of which at the time of transfer cannot be less than the total amount of alimony for the entire period of payments that would be due to the child by law.

The parties may provide for a mixed procedure for calculating alimony. For example, the payer transfers an apartment and at the same time continues payments in the established amount or transfers part of the alimony in a fixed amount and the other as a percentage.

The procedure for changing a settlement agreement on alimony

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

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

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

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

Termination of the agreement

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

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

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

Need a lawyer

In some cases, parties are advised to seek qualified legal assistance. A lawyer will help you draw up the text of the agreement and advise on the possibility of including certain points in it.

Legal assistance will also be required when terminating or amending the agreement. The participation of a specialist in the case will significantly increase the chances of a positive outcome for the party that involved him.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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