Agreement on payment of alimony to the spouse

Family relationships involve more than just running a joint household. This also includes the maintenance of children, elderly parents, and other dependents united by legal ties. Spontaneous solutions to these problems lead to disputes. Proven legal instruments are much more effective in resolving financial issues between relatives (especially former ones).

An agreement to pay alimony will save you from court disputes, communication with bailiffs and other hassle. True, a voluntary agreement between the parties has not yet become part of everyday practice. But in vain: the scheme is initially more convenient for the parties. But, like any legal mechanism, it is subject to a legislative algorithm.

Features of the agreement

The scope and procedure for applying a financial agreement in a family are established by Chapter 16 of the Family Code of the Russian Federation. General issues of drawing up agreements on alimony maintenance are regulated by the Civil Code.

According to the law, the assignment of alimony occurs not only in marital divorces. Required content:

• disabled parents for children, grandmothers for grandchildren;
• disabled adult children;
• young brothers/sisters.

Since in most situations it is necessary to regulate the divorce process, let us consider the situation of divorced parents.

By legal nature, an alimony agreement is nothing more than a type of contract. In accordance with it, the payer undertakes to provide the other party with financial or property security at a time or on a regular basis.

Until the child reaches adulthood, only the payer has responsibilities. If the agreement is strictly observed, the aged parent himself has the right to send a security claim to the adult child.

When a writ of execution is replaced by an agreement

Parental responsibilities can be supported by a documented agreement in the following situations:

• directly during a divorce;
• in an existing marriage -
  1. as a “safety cushion” for every “firefighter”;
  2. if the family exists only on paper, and the other party does not provide for the children;
• relocation of one of the spouses for permanent residence to another state, regardless of whether the stamp is retained in the passport;
• the birth of a child outside of official marriage, taking into account the man’s recognition of his paternity or confirmation of this fact by genetic examination.

Basic principles of the agreement

As noted above, an alimony agreement, unlike a claim, is a flexible scheme. The parties accept the conditions based on the benefit for the common child and completely voluntarily:

• the form of material support is determined: money or other property means;
• terms and payment procedures are developed;
• At any time, at the discretion of the parties, the agreement can be changed or completely canceled:
  1. this must be done in the same form as agreeing on alimony - by a written agreement between the spouses;
  2. The spouse has no right to change anything unilaterally, nor does he have the right to refuse to fulfill the agreement;
• either party has the right to initiate a judicial review of the terms in the following cases:
  1. if the amount of payments is beyond the capacity of the performer;
  2. when the nature of the assistance worsens the financial situation of the recipient of assistance;
• the amount of child support should not be lower than the standards officially adopted by law. In the case of financial support for one child, a quarter of the payer’s earnings is due.

An alimony payment agreement drawn up in accordance with all the rules is equivalent to a court writ of execution. If the payer violates the terms of the contract, the other party has the right to apply to the bailiffs for recovery of what is due, bypassing the court.

Failure to comply with the procedure and form of the agreement leads to the recognition of the document as void through the court.

Contents and form of the agreement

The conclusion of a voluntary agreement on the payment of alimony, its implementation, cases of termination/cancellation are subject to the norms of the Civil Code of the Russian Federation (Article 101 of the RF IC).

The subject of the agreement is material and financial issues. To optimally resolve seemingly intractable conflicts, the contract must contain essential terms. About them in our table below.

Main sections of the alimony agreement (regardless of the situation)

Position Composition Regulations Parties to the agreement, their data

• Full name, registration, passport details (or birth certificate) of the parties to the performance and the copyright holder;
• If necessary, information about the legal representative of the recipient.

Art. 99 RF IC Subject and grounds of the agreement Payment of monetary support/property security. Methods/order of payments

• Shares in the income of the responsible person.
• A fixed sum of money through periodic payments.
• A fixed amount transferred at a time.
• Property security (for example, transfer of real estate, shares).
• Other methods at the discretion of the parties (for example, transfer of a share in the business).

A combination of several options is allowed.

Art.
104 of the RF IC Amount of alimony In general situations, the amount of cash payments is determined by the spouses. If the subject of detention has not reached 18 years of age, the minimum level should not be lower than the standard assigned by the court according to the writ of execution:

• One child – 1/4 of the performer’s earnings;
• Two children – 1/3 of earnings;
• Three or more children – 12 parent’s income.

Art.
103 RF IC Art. 81 RF IC Indexation - protection against inflation This parameter is not required for spouses. But this does not mean that prices will “eat up” alimony:

• if a voluntary increase in payments is not agreed upon, a deflator is applied in accordance with Art. 117 SK.

Art.
105 of the RF IC Duration of the agreement In standard situations, an agreement on the payment of child support must be accepted before the recipient turns 18 years old. By mutual agreement, the time frame can be expanded by completing studies at a university/secondary educational institution.
If the child is disabled, it will be necessary to provide support for the period of disability. The provisions of Article 120 of the RF IC, as well as the norms of the Civil Code, should be taken into account. The final part Includes the signatures of the parties with a transcript, the place and date of the conclusion.

If necessary, it is not forbidden to expand the mandatory conditions. You can provide an allowance for the spouse raising the child, and regulate the communication of children with a parent living separately. It is advisable to clearly detail the rights and obligations of the parties in the event of force majeure.

Form of agreement: you can’t do without a notary

If we turn to a standard sample document, the volume and necessary completeness of information will puzzle a person far from jurisprudence. However, errors in the alimony agreement are excluded due to certification by a notary (Article 100 of the Family Code).

By law, any alimony agreements are subject to certification. Otherwise, they are recognized as void and subject to cancellation (Article 163 of the Civil Code of the Russian Federation).

The notary is provided with:

• agreement - drawn up in 3 copies: one for the parties to the agreement and one for the notary office;
• passports of parties to the agreement and representatives;
• documents of the recipient of alimony - birth certificate, establishment of paternity (if necessary);
• documentary evidence of the payer's income.

Depending on the maintenance of the child, the notarial agreement on the payment of alimony is supplemented with certificates and extracts on the payer’s real estate, his deposits, stock papers, and constituent documents of the business.

Only a notarial agreement is legally legitimate and is equivalent to a writ of execution. The document allows you to force the payer to make payments through the FSSP or in court and is a guarantor of financial support for the child for many years.

Download in Word [20.50 KB]

How to make changes to the agreement

Development of the situation What to do The accepted conditions have become obsolete and require adjustment. Possibly by mutual agreement of the parties. Confirmed in writing by a notary. The parties decide to terminate the contract before the child’s 18th birthday. The law allows this to be done at any time. Documented with notarization. One of the parents insists on termination. The initiator must file a lawsuit confirming the grounds presented. The court agrees to satisfy claims in exceptional cases.

Termination of the agreement

In certain situations, the agreement may terminate automatically or by court decision:

• the contract has expired;
• death of one of the parties;
• The recipient's 18th birthday or recognition as emancipated until adulthood;
• the child is adopted;
• intentional illegal actions of the recipient in relation to the payer;
• deterioration of the payer’s financial situation (loss of job, serious illness with disability, other conditions of loss of legal capacity);
• change in family circumstances - the payer adopts a child, the birth of a child in the family of the child support provider.

At the discretion of the court, other situations affecting the social status and financial situation of the parties are also taken into account.

Force majeure cancellation

Even a notarial alimony agreement is subject to judicial termination if:

• the amount of cash payments is less than established by law;
• violation of the form of the document: no essential information, no notarial verdict;
• Threats and pressure appear on one of the parties when drawing up an agreement.

Not only the parties themselves, but also supervisory authorities: the prosecutor's office, guardianship and trusteeship have the right to initiate the cancellation of the contract.

Divorce of spouses does not terminate parental responsibilities. If a couple addresses the issue of security constructively, everyone will benefit. The child will receive decent maintenance. The payer will rationally distribute expenses, and the second parent will receive effective assistance.

How to draw up a notarial agreement on the payment of alimony on a voluntary basis - sample and rules Link to the main publication

Source: https://FreeLawyer.guru/semejnoe/soglashenie-ob-uplate-alimentov.html

Sample agreement on payment of alimony for spousal support

According to the law, funds in the form of alimony can be recovered from the father of a child who does not participate in his maintenance. This can be done by concluding an agreement with the ex-wife or in court. The law also provides for cases when the wife herself is entitled to pay alimony.

• Attention!
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• If the wife is expecting a child or is raising a child under three years old.
• The husband must also provide the disabled spouse with financial assistance aimed at her maintenance.
• If a couple has a disabled child, spousal support is paid until the child is six years old. In case of disability of the first group, the payment of alimony is unlimited.

To receive alimony from her husband, the wife does not have to file for divorce. The legislation provides for the payment of alimony for maintenance even if the marriage is not dissolved, but the man does not fulfill such obligations.

Lawsuit or spousal support agreement?

The Family Code provides for two ways to resolve the issue of alimony payment: either by concluding a voluntary agreement or through legal proceedings.

The option of concluding an agreement on the payment of alimony is more convenient for both spouses, since it allows you to resolve this issue taking into account the maximum number of nuances.

For example, if the wife has a sufficient financial situation, the husband can transfer part of the alimony or the full amount to a card or bank account.

In addition, the timing of alimony payments and their frequency can be further specified in the agreement.

When concluding an agreement on the payment of alimony, you can also specify additional conditions: extension of payment terms, the possibility of transferring alimony in installments or less than once a month.

Concluding an agreement on the payment of alimony for the maintenance of a spouse additionally allows us to stipulate important points for both spouses that are not prescribed by law. This could be the transfer of property that belongs to the husband for the use of the spouse instead of paying alimony, additional liability for delays in payments or evasion of payments.

Lawyers advise spouses or former spouses on the possibility of concluding an agreement on the payment of alimony, since this option allows them to proceed from their interests in a particular situation.

Peculiarities of paying alimony for the maintenance of a spouse by court decision

If it is not possible to reach an agreement on alimony, the court can decide to collect it for the maintenance of the spouse. In this case, it is necessary to take into account such nuances.

• Withholding of alimony in favor of the spouse is carried out monthly.
• In general practice, the amount of alimony is fixed. It is subject to indexation (for this you do not need to additionally go to court, the recalculation is carried out by a bailiff), but does not change depending on the income of the alimony payer.
• The spouse has the right to file a petition to review the amount of alimony, which must be justified: by the need for additional funds for treatment, or other important expenses.
• If the spouse remarries, the proceedings for payment of alimony are closed, since its maintenance becomes the responsibility of the new husband.

To conclude an agreement, the following items must be indicated: full name and full passport data of both spouses; amount and payment period. Do not forget that the document must be certified by a notary.

When writing an agreement on the payment of alimony, the name of the document is indicated at the top, followed by the date of conclusion.

Next comes information about the spouses: about the husband or ex-husband (you must indicate the full name, passport number, as well as place of registration), about the spouse (the same data must be indicated).

If the agreement concerns the payment of child support, you must also indicate the child’s details and information about his birth certificate.

After this there is an indication of the legislative acts that regulate the payment of alimony for spousal maintenance. This is the introductory part of the alimony agreement.

A separate paragraph describes the subject of the agreement, that is, alimony that is paid for the maintenance of the spouse.

In the same paragraph, a separate subparagraph indicates the regularity with which alimony is paid (most often - monthly, but there may be another frequency, for example, once a quarter).

Next comes a subclause that indicates the amount of alimony - either fixed (in this case it is determined as a fraction of the minimum wage), or a percentage of the income of the alimony payer.

The next point is the form and terms of alimony. Here you should clarify in what form the spouse receives alimony: by card transfer, transfer to a bank account, by replenishing a deposit account, by delivery of cash.

A separate subclause specifies until what date the alimony payer must transfer or transfer funds. Be sure to highlight the subparagraph, which will stipulate the documents that will confirm the payment and receipt of alimony, therefore, they will be able to protect the parties in the event of disputes.

Most often these are receipts, accounting or banking documents.

The next clause of the agreement on the payment of alimony for the maintenance of a spouse should stipulate the rights and obligations of the payer and the alimony recipient. It should indicate that the alimony payer is obliged to notify the spouse of a change in his place of residence. The spouse, in turn, should also be required to report significant changes, such as: changing a bank account number, moving.

Finally, the last clause of the agreement on the payment of alimony for the maintenance of a spouse determines the duration of its validity. According to the law, the alimony payer is obliged to transfer alimony for the maintenance of the spouse until the child reaches three years of age.

If we are talking about a disabled child, the period for paying alimony is extended: spousal support is assigned to the father of the child until the child reaches the age of six or for the period of his life.

At the same time, other deadlines can be specified in the agreement if the parties have reached an agreement on this issue.

At the bottom of the agreement on the payment of alimony for the maintenance of the spouse, the signatures of the parties are affixed and their details are indicated.

Based on this sample, you can draw up your own version of an alimony agreement that will suit both your spouse and will not infringe on their rights.

You can draw up such a document yourself, but it is better to prepare a sample agreement and show it to a notary. He will help clarify certain nuances and, if necessary, make changes to the sample agreement. After this, you can sign a document confirming the payment of alimony for the maintenance of your spouse and have it notarized.

What to remember when concluding a spousal support agreement

Sometimes the parties do not agree to enter into an agreement on spousal support because they are not confident in the protection of their interests. The following points should be clarified here:

• the text of the agreement should not contradict the requirements of legislation that protects the interests of the spouse;
• when the agreement is certified by a notary, it has the same legal force as a court decision to collect alimony for the maintenance of a spouse;
• If the parties fail to comply with the agreement on the payment of alimony for the spouse, the parties can go to court by providing the text of the agreement.

Legislative framework governing this issue

• Family Code – Chapter 16, Article 81, 100, 110, 117;
• Decree of the Government of the Russian Federation No. 841.

(3

Source: https://alimentypro.ru/obraztsy-zayavlenij/obrazec-soglasheniya-ob-uplate-alimentov-na-soderzhanie-suprugi/

Settlement agreement on payment of alimony

Drawing up a voluntary notarial agreement is the best and fastest way to resolve all issues regarding payments. The entire paperwork procedure will take you several hours.

To conclude an agreement, you need to draw up a written document in two copies and have it certified by a notary. In this document you can write down all the conditions that you agree on. Remember that without notarization, your agreement will not have sufficient legal force.

This method of solving the issue has another big advantage. If the second spouse ceases to voluntarily fulfill his obligations to pay alimony, you can turn to the bailiffs. In this case, you will not need to obtain a writ of execution or go to court. It will be enough to provide your agreement.

As already mentioned, you can include in the agreement any clauses that you can agree on. The main thing is that they do not contradict current legislation and do not infringe on the rights and interests of the child.

You can specify any amount for alimony if both parties agree. Just remember that this amount must necessarily be higher than the one that the court would assign.

At the same time, no one prohibits the use of standard approaches to payments, which are specified in the Family Code of the Russian Federation. In this case, the amount will depend on the income and salary of the alimony payer. This is what it will look like:

In addition, it is possible to specify in the agreement the rules for indexing the amount of payments. Typically, this percentage depends on the level of inflation or changes in the cost of living. You can choose any of these options or register your own. You can also choose absolutely any indexing order: once a month, quarterly or annually.

Change of agreement

You can at any time invite your second spouse to change any clauses from your agreement. You can delete something or, conversely, add additional conditions. You also have the option to terminate this agreement at any time and take legal action.

The main thing to remember is that all changes you make will need to be agreed upon with each other and certified by a notary.

What should be specified

As mentioned above, the agreement can be drawn up in any form and any clauses can be included in it. However, there are certain rules here too. Here is a list of mandatory items that must be:

• indicate the date and place of detention;
• write down the full passport details of both parties, as well as the details of the child;
• be sure to indicate the amount of alimony, payment method and frequency;
• describe the procedure and deadlines for indexing;
• write down the validity period of the agreement, or any clauses;
• indicate the procedure and rules for additional compensation;
• put your signatures.

Questions and answers

Anatoly
We have concluded an agreement with our ex-wife on the payment of alimony. Under this agreement, I pay 30,000 rubles per child monthly. In addition, I pay for the child’s education and recreation.

I have been paying conscientiously for 4 years. Now my wife wants to sue me to collect 25% of my income from me. He also wants the difference between the new alimony and the ones I paid to be paid.

Can she do that?

Answer
Your wife can indeed file a claim in court, where a decision will be made based on many factors. First, you need to find out what type of agreement you have, what the terms are, whether it is certified by a notary or not.

If it is notarized, then unilaterally terminating it will be problematic. If there was just an agreement with your wife, without certification, the judge will most likely make a decision and you will have to pay 25% of your income. There are many nuances that the court will take into account.

For example, when the total amount of alimony is extremely high, the judge may reduce it to a certain amount.

Tatiana
I gave birth to a son a few months ago. The man who is the biological father is not listed on the birth certificate. We are on good terms with this man. He does not give up the child, he is ready to pay child support. Is it possible to draw up a settlement agreement with him on the payment of alimony, without establishing paternity in this situation?

Answer
You need to establish the paternity of this man. This is quite easy to do, especially if the man doesn’t mind. You can file a corresponding claim in court. Once the father is officially identified, the issue of child support can be resolved. In this situation, you will be able to enter into an agreement on the payment of alimony. It will need to be notarized.

Olesya
My ex-husband and I entered into an agreement on alimony payment several months ago. According to this agreement, the husband must pay 5,000 rubles monthly. He pays regularly and never misses payments.

Recently I was told that if I had filed a claim in court, he would have been charged interest from my salary. Moreover, the lawyer said that this amount would be approximately 8,000 rubles. The second amount is of course larger, and that is what I would like to receive.

Can I now sue for a higher alimony amount?

Answer
Yes, you can file a claim in court. If, according to the settlement agreement, the amount of alimony is significantly lower than what the bailiffs would have collected, the court may make a new decision in your favor. The judge will find out all the circumstances of your case and make an appropriate decision.

Ekaterina
Good afternoon. My ex-husband and I were married for 6 years. We have a child together. Six months ago, my husband and I entered into a settlement agreement on the payment of alimony. This agreement was officially certified by a notary.

The problem is that the husband refuses to fulfill his obligations. According to this agreement, he must pay 15,000 rubles monthly. My husband doesn’t do this, he pays 3000-4000 rubles.

What can be done in such a situation, where to turn?

Answer
If the agreement is formalized, it has the same legal force as a court decision. You can contact the bailiffs to start proceedings in your case.

If the husband evades payments, he will be charged a penalty. In any case, after you contact the bailiffs, they will look for any sources of income of your ex-husband.

If the spouse’s place of work is found out, then part of his salary will be collected in your favor.

Sergey
Good afternoon. I divorced my wife a year ago. We have a son from our marriage. During the divorce, my wife and I entered into a settlement agreement. The agreement stated that I must pay 10,000 rubles monthly. This agreement also stipulated that this amount would have to be indexed every six months. The wife's lawyer insisted on this point.

Already now, taking into account indexation, I have to pay 13,000 rubles. This amount is almost equal to my salary; I can’t pay that much and don’t want to. My wife says that my new wife has a high salary and we can afford to pay so much for alimony. But I pay my own money.

Is it possible to somehow reduce the amount of alimony in court?

Answer
In your situation, you can try to go to court to reduce the size, due to changed circumstances. It is simply impossible to give guarantees that this size will be reduced.

Everything will depend on the judge's decision. If your settlement agreement has been registered with a notary, it is legally binding.

Your wife can turn to the bailiffs so that they can begin collection.

Ivan
After our divorce, my wife and I entered into a settlement agreement on the payment of alimony. We have notarized this agreement. I fulfill all the requirements that we have written down. I pay alimony monthly, without delays.

Yesterday my wife said that she was not satisfied with the amount we indicated, she wanted to receive twice as much. She said that she would file a claim in court and demand a different amount of alimony.

Tell me, can she really do that? I have all the documents that I make payments regularly and in good faith.

Answer
Your wife can try to go to court. But with a high degree of probability, the judge will not meet her. A notarized settlement agreement has the same force as a court decision. In addition, you are a conscientious payer. In this situation, most circumstances are on your side.

Svetlana
My husband and I entered into a settlement agreement to pay alimony for our children. We did everything according to the law, through a notary. Tell me, do we now need to go to court to get it approved?

Answer
There is no need to go to court. With these agreements, it will be possible to go straight to the bailiffs if the husband does not make payments.

Elena
Tell me, are there any differences in alimony agreements between those concluded in court and those concluded by a notary?

Answer
In terms of their execution, there are practically no differences. Both have the same legal force.

Anastasia
My husband and I have been living together for 2 years. During this time, our daughter was born. The husband still has a child from his first marriage, for whom he pays alimony. The amount of alimony is 25% of his salary.

I would like more money to remain in our family, so we want to reduce the amount of alimony. To do this, we are now preparing documents to draw up an agreement with the ex-wife on the payment of alimony. Now my husband gives approximately 15,000 rubles a month from his salary.

We would like to persuade his ex-wife to pay 5,000-8,000 rubles a month. How can I do that?

Answer
In your situation, it is almost impossible to conclude an agreement on such terms. Firstly, the spouse herself will not agree to such conditions, and secondly, the guardianship authorities will prohibit the mother from signing this agreement, because it worsens the situation of the child. In addition, there is already a valid court decision that you cannot easily cancel. In your situation, there is another option to solve this situation. Now your husband’s salary is approximately 60,000 rubles, if the 25% he pays is 15,000 rubles. File a claim in court for child support for your child. This can be done even if you are married. For two children, the husband will have to give 1/3 of his salary. For each child, 1/6 of the salary is received, from 60,000 rubles this will be 10,000 rubles. This is the amount of alimony you can count on.

Source: https://zakonznaem.ru/semeinoe/alimenty/soglashenie-na-alimenty.html

Agreements on payment of alimony between spouses

The article is devoted to the study of the legal nature of the agreement on the payment of alimony between spouses. The author analyzed the provisions of Russian legislation and special literature on the problems of the subject composition of the alimony agreement of spouses, made conclusions about the gaps in legal regulation and ways to resolve them.

The current Family Code of the Russian Federation gives spouses the right to independently resolve issues related to the amount, form and procedure for paying alimony by concluding an appropriate agreement.

However, in real life, recipients of alimony prefer to collect it in court or limit themselves to an oral agreement with the payer regarding the provision of maintenance.

The reason for this is that the alimony agreement between spouses is a relatively new institution of family law and, as a result, has some gaps.

One of these gaps is the absence in the Family Code of the Russian Federation of a specific indication of the subject composition of an alimony agreement between spouses, which in practice leads to cases of concluding alimony agreements between spouses, which are then qualified by the courts as civil law agreements on maintenance.

In accordance with Article 99 of the Family Code of the Russian Federation, an agreement on the payment of alimony (the amount, conditions and procedure for paying alimony) is concluded between the person obliged to pay alimony and its recipient.

Thus, in relation to spouses (former spouses), this means that an agreement on the payment of alimony can be concluded in favor of a disabled spouse in need, a wife during pregnancy and within three years from the date of birth of a common child, a needy spouse caring for a common child - a disabled person until the child reaches the age of eighteen years or for a common child who is disabled since childhood of group I, an ex-wife during pregnancy and for three years from the date of birth of the common child, a needy ex-spouse caring for a common disabled child until the child reaches the age of eighteen years of age or for a common child - disabled since childhood, group I, a disabled, needy ex-spouse who became incapacitated before the divorce or within a year of the divorce, a needy ex-spouse who has reached retirement age no later than five years from the date of divorce, if the spouses have been married for a long time (Articles 89–90 of the Family Code of the Russian Federation).

Naturally, the law does not prohibit providing voluntary material support to other persons, including those who are able to work and (or) those who are not in need.

At the same time, an agreement on the provision of material support between other persons not named in the Family Code of the Russian Federation and (or) in the absence of the circumstances specified in it is an independent civil law agreement, the legal regulation of which is not covered by the guarantees of Chapter 16 of the Family Code of the Russian Federation and Article 101 of the Federal Law of October 2, 2007 No. 227-FZ “On Enforcement Proceedings”[1].

Thus, in case No. 33–5426/2015, the court of first instance, when resolving claims, established that at the time of the conclusion of the agreement on the payment of alimony, O. D. Sokolova was able to work, the court rightfully proceeded from the fact that the grounds provided for by law for the payment of alimony to Sokolova ABOUT.

S. in favor of Sokolova O. D.

are missing, and the document named as an agreement on the payment of alimony is a civil law agreement between the parties, under the terms of which one of the parties provides the other party with monetary support on a voluntary basis, and came to a reasonable conclusion that the disputed agreement is invalid in terms of its name, as well as clause 3.1, which gives the disputed agreement the force of a writ of execution in accordance with Part 2 of Article 100 of the Family Code of the Russian Federation. The appellate court agreed with the above conclusions of the trial court, since the agreement presented by the debtor does not give rise to alimony obligations of the spouse, it is a civil contract, which is not subject to the guarantees provided for in Chapter 16 of the Family Code of the Russian Federation and Article 101 of the Federal Law “On Enforcement Proceedings” [ 5].

In another case, the court did not take into account the plaintiff’s arguments that his wife is in need because she did not return from maternity leave to work, since her turn at kindergarten has not yet arrived, and therefore he pays her alimony according to a notary agreement. The court found that no evidence was presented of the spouse’s incapacity for work or the presence of a disease that prevents her from going to work; the defendant’s wife is not deprived of the opportunity to find a job and receive an appropriate income [4].

Thus, spouses or former spouses can enter into an alimony agreement only when the conditions established by Articles 89–90 of the Family Code of the Russian Federation exist, which is confirmed by law enforcement practice. Courts consider an agreement concluded by persons who are not legally obligated to pay alimony and do not have the right to do so, not as an alimony agreement, but as a maintenance agreement.

Despite the fact that, by its nature, an agreement on the payment of alimony is a contract whose purpose is to establish an out-of-court procedure for the payment of alimony, legal disputes related to this legal structure still occur.

Most often, courts have to analyze agreements on the payment of alimony to determine whether such agreements are imaginary (performed only for appearance) transactions.

In a number of cases, examining the circumstances of the case, the courts come to the conclusion that agreements on the payment of alimony are concluded without the intention of creating corresponding legal consequences and their only goal is to avoid deduction from the income of the alimony payer of other debts collected as part of enforcement proceedings.

It should also be noted that there is a different approach to the formulation of the right to conclude an agreement on the payment of alimony between spouses and former spouses. So, in paragraph

2 of Article 90 of the Family Code of the Russian Federation states that the amount of alimony and the procedure for providing it to the ex-spouse after divorce can be determined by agreement between the former spouses, while in the previous article the right of married spouses to conclude an agreement on the payment of alimony is implied based on the wording “If such support is refused and there is no agreement between the spouses on the payment of alimony...”.

Clause 3 of Article 42 of the Family Code of the Russian Federation contains a prohibition on including provisions in a marriage contract that limit the right of a disabled, needy spouse to receive maintenance.

From the point of view of separating the recipients of alimony during the marriage and after its dissolution, the legislator’s approach is also of interest.

Thus, during a marriage, the right to receive alimony is granted to a disabled, needy spouse, a wife during pregnancy and for three years from the date of birth of a common child, a needy spouse caring for a common disabled child until the child reaches the age of eighteen, or a common child - disabled since childhood, group I. An ex-wife has the right to receive alimony from her spouse if pregnancy occurs during marriage and a common child is born no later than 300 days from the date of termination of the marriage. It is in these cases that the paternity of the spouse is assumed until proven otherwise.

Usually, in practice, a husband (ex-husband) pays alimony to his wife (ex-wife) who is pregnant, or when she is caring for a disabled child, or for a common child who is under three years old.

It was not in vain that the legislator highlighted these grounds, since a woman who has a small child or is pregnant is essentially disabled because she is caring for a child, and in our time it is very difficult to find a good, well-paid job with a small child or a disabled child .

The state thus assigns to the economically stronger spouse part of its responsibilities for maintaining such categories of citizens through the payment of alimony.

It also seems possible for such a situation, although extremely rare, when the child is cared for by the father, and under the current legislation he remains in not at all the best conditions. To regulate this situation, the third paragraph of paragraph is proposed.

2 of Article 89 of the Family Code of the Russian Federation should be stated as follows: “a wife during pregnancy and for three years from the date of birth of a common child, as well as a husband caring for a common child for three years from the date of his birth,” as well as the second paragraph clause 1 art.

90 89 of the Family Code of the Russian Federation: “an ex-wife during pregnancy and for three years from the date of birth of a common child, as well as an ex-husband caring for a common child for three years from the date of his birth.”

The law connects other cases with the neediness of the ex-spouse.

At the same time, in the period after the divorce, the period from the date of divorce becomes significant for the needy spouse: for a disabled, needy ex-spouse who became disabled within a year from the date of divorce, as well as the needy ex-spouse reaching retirement age no later than five years from the date of divorce if the spouses have been married for a long time.

In the first case, we are talking about incapacity for work due to age or disability. In the second case, an additional guarantee is established in order to protect the rights of the spouse who was involved in the household during the marriage and did not have independent income, which will affect the size of his pension.

The grounds for retirement and the age at which the needy spouse received such a pension have no legal significance. The law does not specify a time frame that indicates the duration of a marriage. It seems that in each specific case the court will establish this criterion based on factual data, including the duration of the actual marital relationship before marriage.

At the same time, judicial practice suggests that a marriage that lasted more than ten years is considered long-lasting.

It is necessary to pay attention to another important aspect of the legal nature of the agreement on the payment of alimony: its presence entails the refusal to accept a statement of claim for the recovery of alimony in court [3, p. 59]. Alimony is collected by the court in the absence of an agreement on the payment of alimony.

If an agreement on the payment of alimony has been concluded, the court will refuse to satisfy the claim for the collection of alimony, inviting the spouses to challenge the terms of the concluded agreement, if there are appropriate grounds.

In practice, many spouses, when drawing up an agreement on the payment of alimony, do not think about this aspect of the issue, therefore it is necessary to emphasize the importance of warning the notary about the legal consequences of such agreements when certifying them [2, p. 20].

In the system of Russian law, an alimony agreement is the only agreement that is given the force of an executive document, which also indicates its special nature and difference from other family property agreements and corresponds to the principle of priority protection of the rights and interests of the weaker party in family legal relations. Also a guarantee of receiving maintenance is the administrative and criminal liability of the alimony payer for non-payment. However, this responsibility applies only to parents in relation to the maintenance of minors or disabled children, as well as to able-bodied children for the maintenance of disabled parents, and does not apply to spouses/ex-spouses in relation to a needy spouse or wife/ex-wife. Thus, liability under agreements on the payment of alimony between spouses is of a civil nature.

Literature:

1. Dzyubrovskaya L.V. Agreement on the payment of alimony is an independent family law institution // Family and housing law. - 2012. - No. 6. - P. 13.
2. Ksenofontova D. S. Notarization of an agreement on the payment of alimony as a legal guarantee of the implementation and protection of the rights and interests of the subjects of the alimony legal relationship // Notary. - 2014. - No. 4. - P. 20.
3. Shemeneva O. N. Consequences of concluding an agreement on the payment of alimony: procedural aspect // Family and housing law. - 2012. - No. 2. - P. 59.
4. Decision of the Zheleznodorozhny District Court of Khabarovsk dated 06/08/2016 in case 11–79/2016 // [Electronic resource] Access mode: https://rospravosudie.com/court-zheleznodorozhnyj-rajonnyj-sud-g-xabarovska-xabarovskij-kraj -s/act-523904631/

Source: https://moluch.ru/archive/156/43986/

Agreement on payment of alimony to a spouse

If the situation develops in such a way that one of the spouses needs financial assistance from the other, the best option would be to enter into an agreement on the payment of alimony .

Firstly, in it spouses or former spouses will be able to determine exactly the conditions that suit both of them. Secondly, the procedure for drawing up a document is incomparably simpler and takes less time than resolving the same issue in court.

Conclusion of an agreement

• The right to receive alimony can be exercised both during marriage and in the event of its dissolution.
• In order to conclude an agreement, mutual consent of the spouses with all its terms .
• The procedure for concluding a transaction is quite simple.

1. It is necessary to draw up the text of the document defining all the necessary conditions, in triplicate (for the payer, recipient and notary), each of which must be signed by both spouses.
2. Have the document certified by a notary so that the transaction becomes fully legally binding.

Amount and indexation of alimony by agreement

Alimony for a spouse is always set in a fixed amount , regardless of whether it is determined by agreement or by court.

The size is determined as a multiple of the subsistence level of the corresponding constituent entity of the Russian Federation. If this indicator is not established at the local level, the cost of living for the country as a whole is taken into account.

The agreement specifies the amount of alimony in parts of the indicator . So, the amount can be set, for example, at 0.5 or 1.5 of the subsistence minimum.

Indexing

Due to the fact that the value of the indicator used to calculate alimony is periodically changed by government regulations, the amount of payments is also subject to regular indexation . If the cost of living has increased, then the amount of maintenance paid will increase by the corresponding percentage.

If the agreement on the payment of alimony for a spouse does not stipulate the conditions for indexation, it must still be carried out . This norm is established by Article 105 of the Family Code of the Russian Federation.

The accounting department of the organization is required to carry out the recalculation if payments are made through it.

If money is transferred personally, with receipt of a receipt for each payment, the payer himself must do the indexing. Otherwise, the recipient may apply to calculate and collect the debt incurred due to the lack of recalculation.

In order to avoid any misunderstandings or difficulties with indexation, it is best to determine the procedure and frequency of increasing payments in the agreement itself.

If this has not been done, and there are no plans to make changes, you can contact the bailiff service .

The responsibilities of the executors also include the indexation of alimony, so you can get competent assistance on this issue from this authority.

Contents of the agreement

As already noted, an agreement on the payment of alimony for a spouse must certainly be drawn up in writing, in triplicate . It should indicate:

• date of document preparation;
• personal data of both parties entering into the agreement;
• subject of the transaction;
• payment parameters: timing, size, form;
• rights and obligations of the parties to the transaction;
• procedure and terms of indexation of alimony;
• duration of the agreement.

Change and termination of the transaction

Over time, the life circumstances or intentions of the spouses may change, so the law allows for the possibility of both adjustments and complete termination of the agreement . These actions can be performed at any time subject to the following conditions:

• both parties must express their desire;
• modification or termination of the agreement must be carried out with the participation of a notary.

If the parties decide to make changes, they need to prepare the appropriate document, sign it and have it certified by a notary.

Another situation is also possible - one party insists on adjustment or termination, and the other does not agree. In such a situation, you need to file an application with the court. In this case, the judge will need to provide significant reasons and their evidence.

Conclusion

During a marriage and during a divorce, an agreement may be entered into regarding the payment of spousal support.

To do this, the parties need to come to a mutual agreement and independently determine the timing, amount and form of payment of alimony. also needs to be certified by a notary .

The amount of alimony for a spouse is set in a fixed amount (usually a multiple of the subsistence level). The deal must specify how and when indexation will be carried out.

At any time, by mutual agreement of the parties and with the participation of a notary, the agreement can be changed or terminated . These actions can only be carried out unilaterally through the courts.

Source: http://alimentoved.ru/alimenty-suprugu/soglashenie-ob-uplate/