Termination of an agreement to pay alimony: sample, judicial practice

Family relationships are one of the main components of society. And yet sometimes the union between two people breaks down.

At the same time, the main task of parents is not to violate the interests and creation of the most comfortable conditions for the life of their children, regardless of the fact of separation or divorce.

In cases of voluntary consent of a parent who does not live with the child to pay alimony, an agreement is concluded between him and the second spouse. The agreement reached is confirmed in writing and additionally certified by a notary. A general agreement on the maintenance, upbringing and place of residence of the child can also be concluded.

The concept of alimony agreement

The agreement on the payment of alimony is of a civil nature. This agreement is concluded by parents to resolve the issue of financial support for their common children. The conditions, procedure, and methods of fulfilling alimony obligations are governed by an agreement on the basis of Art. 104 of the Family Code.

In accordance with the provisions of Article 100 of the family law, such an agreement must be concluded in writing, in the presence of a notary. After the conclusion, it must be certified.

When certifying a document, the notary checks:

• The legal capacity of the parties to the agreement;
• Lack of coercion and meaningful will of the parties;
• Absence of conditions that are deliberately enslaving or violative of the interests of the child or any of the parents.

In most cases, a child support agreement is concluded for a long time (usually until the child reaches adulthood), and early termination often occurs.

IMPORTANT: According to the agreement, the child cannot receive less funds than would be due to him by law. Otherwise, the document may be challenged in court.

How to terminate an alimony agreement?

The contract is amended or terminated in cases where the financial or family status of one or both parents changes significantly. If agreement on a change in the agreement cannot be reached, it must be terminated.

Grounds for termination may include:

• Significant change in the level of income of the alimony holder.
• Improvement or deterioration in the financial level of the alimony recipient;
• Change in the marital status of one of the former spouses (For example, the creation of a new family by the payer and the birth of other children).

A significant change in the income of the alimony provider is considered to be cases when a person is unable to pay the agreed amount of alimony after losing his job, due to health reasons, or, on the contrary, his financial capabilities have increased. A change in the financial condition of the recipient should be understood as situations in which, due to unforeseen circumstances, larger sums must be spent on the maintenance of the child (For example, the child’s illness).

The child’s parents can terminate the agreement in two main ways:

• Voluntarily, by visiting a notary and canceling the concluded agreement;
• Through the court at the request of one of the interested parties.

Also, if the cause of the conflict is one or more conditions, the agreement can be changed in court and will continue to be valid in relation to the remaining conditions.

Termination procedure and procedure

If the parents decide at the meeting that starting from today there is no need to pay child support, the obligations to finance the children do not disappear. That is, an oral agreement is not a sufficient basis for terminating or changing the agreement.

All transactions with the agreement related to changes, editing or cancellation of its validity are carried out only in writing. A prerequisite is the presence of a notary in the event of a voluntary decision. If there is no consensus between the parents, termination of the notarial agreement on alimony will be permissible only through the court.

Voluntary termination

The procedure for terminating an agreement on alimony payments is formal and is possible subject to specific conditions:

1. The child support agreement is terminated at the request of the parents at any time, provided that the necessary conditions are met.
2. Since to conclude such agreements it is necessary to have them certified by a notary, termination follows the same principle.
3. The agreement is terminated only in cases of mutual consent of the parents. Unilateral termination of the contract by only one participant is prohibited.

The parties may at their own discretion cancel the agreement if possible and necessary. In this case, one participant refuses to receive child support, and the second is relieved of the burden of paying it.

If alimony was paid from the father’s salary, then after receiving a notarized document on the termination of the previously reached agreement, it must be provided to the employer of the former payer to cancel the deductions from the salary.

Through the court

If the ex-husband and wife cannot agree to change the provisions of the alimony agreement or terminate it, either party may file a claim with the courts.

Typically, the initiator of legal proceedings is the recipient of financial support if the alimony provider refuses to fulfill his duties, or the payer himself, who, due to circumstances, cannot make payments in the amounts specified in the agreement.

Less often, the plaintiff is the payer who sought a reduction or increase in the amount of alimony, but was refused.

The most common reasons for termination of alimony by the payer:

• loss of work and, accordingly, income;
• the birth and need to support other children;
• serious illness of the child support worker;
• health problems among family members of the payer.

The consideration of such cases in court is open and adversarial. The parties are obliged to explain to the court their point of view and requirements, supporting them with evidence.

IMPORTANT: Before starting litigation, it is recommended to send the second party a written proposal to terminate the contract. In this case, you must indicate the reason for termination of the contract and indicate a specific deadline for the response. If no deadlines are specified, the response must arrive within thirty days. The best option is to send an offer by registered letter with notification.

This will allow you to avoid unnecessary questions in court, especially if the alimony agreement specifically states the procedure for terminating the agreement. Failure to comply with the pre-trial procedure for terminating the contract may serve as grounds for returning the statement of claim.

Jurisdiction

In the first instance, the magistrate's court deals with cases of termination of agreements on the payment of child support. When considering the case, the court takes into account the financial interests of the children. Termination of the contract is not grounds for the payer to lose the obligation to support the child.

At the request of the second party, he is assigned a different type of payment - in shares of all types of earnings or a fixed amount, in a fixed sum of money.

In this case, the court may reduce the amount of financial obligations to those specified by law. Often, when collecting alimony according to the law, the amount is an order of magnitude less, especially when the payer is required to pay the minimum alimony.

Geographically, the claim is filed at the plaintiff’s place of residence if a minor child lives with him. The application can also be submitted at the respondent’s place of residence, at the discretion of the applicant.

Claim for termination of alimony payment agreement (sample)

The general requirements for the statement of claim are reflected in Art. 131-132 Code of Civil Procedure of the Russian Federation. The law does not contain any separate provisions regulating the preparation of claims of this particular type.

Adhering to the general requirements of the law, the application must indicate the following information:

• Full name of the court, its address;
• Information about the participants in the process: full name, registration address and actual location. You can also specify contacts;
• Indication of the name of the claim;
• Description of the essence of the case: when the child was born, why alimony was withheld by agreement;
• Indication of information about the agreement: when it was concluded, general conditions, conflict conditions;
• Information about witnesses;
• A petition to the court listing the necessary requirements;
• Complete list of attached documents.
• Date and signature.

To draw up a claim in strict accordance with the provisions of the law, it is better to seek qualified legal assistance. Experienced lawyers will not only give advice on your issue, but will also help you draw up a statement of claim correctly.

Consultation with our specialists on the website is free - contact us right now.

You can download a sample claim from the link below.

 

Claim to change the alimony agreement

It happens that the issue of terminating an agreement is not a matter of principle for the parties. For example, when the cause of the conflict was disagreement with a change in one or more conditions. In this case, one of the parents can file a claim to change the terms of the child support agreement.

The requirements for the claim and the content will be very similar to the claim for termination of the agreement, with the only difference that here you will need to indicate:

• Measures taken to reach agreement on controversial points;
• Reasons for not reaching agreement;
• Problematic points of the document that caused the conflict;
• Demand to the court according to the circumstances.

This document is also signed and submitted to the court along with the documents.

For reference, you can download a sample claim to change the alimony agreement below. Please consult with a lawyer in advance regarding how to fill it out and prepare it yourself.

Download a sample for changing the alimony agreement

Documentation

There is no single list of documents for terminating an alimony agreement. But in any case, you will need to present to the court:

• A copy of the claim for the defendant;
• A copy of your passport;
• Copies of personal documents: marriage, divorce, birth certificates;
• A copy of the alimony agreement;
• Certificates, characteristics, information about income - everything that confirms the circumstances for terminating or changing the agreement.

Documents are submitted mainly in copies. You must take the originals with you to court if the judge decides to examine them in person at the hearing.

Arbitrage practice

In cases where the alimony agreement is not drawn up in writing or notarized, the court makes a decision to refuse the claim and terminate the agreement. It does not comply with the rules of family law and is not considered a prisoner.

In other cases, judicial practice does not demonstrate a uniform approach to resolving disputes. Claims are satisfied both those filed by the payer and the claimant.

Example 1. Plaintiff N. filed a lawsuit to terminate the agreement on the payment of alimony with her ex-husband A., indicating that A. refused to increase the transferred alimony, thereby violating the rights of the child. In this regard, A. asks to collect alimony from him in the amount of ¼ of all types of earnings. And terminate the alimony agreement.

Example 2. Plaintiff K. filed a lawsuit against N. to change the terms of the agreement on alimony in terms of increasing its amount from 5,000 rubles to 10,000 rubles. In support of K.’s demands.

indicated that at the time of the conclusion of the agreement N. was employed and had a small income. Currently he works as an individual entrepreneur and has several retail outlets and non-residential premises.

His declared income exceeds 1 million rubles per year.

These arguments were confirmed at the hearing and the court amended the agreement, increasing the amount of alimony to be collected.

The courts do not always take the side of the claimant, but they have even less leniency towards payers. There are very few reasons why courts at all levels reduce the amount of alimony or terminate the agreement at the request of the payer. We were unable to find such cases in the public domain. Only indirect references to such matters.

Need a lawyer

Do you still have questions about the procedure for terminating or amending an alimony agreement? Ask all your questions to our website lawyers for free and receive a comprehensive answer with extensive consultation.

• 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!

Save the link or share with friends

Source: http://allo-urist.com/rastorzhenie-soglasheniya-ob-uplate-alimentov/

Termination of an agreement to pay alimony

Home » Alimony » Termination of an agreement to pay alimony

749 views

Responsibilities for maintaining disabled citizens primarily fall on immediate relatives and family members: parents, children, spouses, etc. And their implementation is regulated by legislation (the Family Code of the Russian Federation) and the personal expression of the parties.

Situations where the recipient and the payer can independently resolve the procedure and features of repayment of alimony obligations are preferable, since they save them from unnecessary disputes and litigation. But concluding an agreement is not a guarantee that over time the parties will not have a desire to reconsider the existing agreement. In some cases, the matter can even lead to conflict.

How to act in conditions of confrontation or unity of opinions, and terminate the agreement to pay alimony - you can find out below.

Basic Concepts

The need to assign alimony arises when it is not possible to voluntarily obtain sufficient material support from the obligated person.

A disabled relative in such a situation may resort to one of the following options:

1. Invite the alimony provider to enter into an agreement on the amount and procedure for transferring funds.
2. Apply to the court for the issuance of an order or other judicial act obliging the payer to forcibly collect a certain amount of alimony.

The received documents have equal legal force and become a direct basis for withholding the specified amount from the income of the alimony.

The agreement is a voluntary-compulsory form of recovery.

It is drawn up taking into account the will of both parties, as a kind of compromise, when alimony will still have to be paid, but there is an opportunity to choose the most convenient way to fulfill one’s duty, or when the alimony provider initially agrees with the conditions of the recipient, but the latter wants to document the agreement reached.

The agreement gains legal force only if the following rules are observed:

1. When compiling it, both parties participate - the recipient and the payer, and each of them, voluntarily, with a clear understanding of the consequences of what is happening, puts its signature on what is written.
2. The signatures on the document must belong to fully capable adult citizens. If the recipient of alimony is a child or a person deprived of legal capacity in court, the authority to seal the agreement is vested in his legal representative - one of the parents, guardian or trustee.
3. The prescribed amount and frequency of alimony payments cannot infringe on the legal rights and interests of the person in need.*
4. The final provisions of the agreement are certified by a notary in the presence of the parties or their authorized representatives.

* - Alimony maintenance must be received by the recipient at least once a month in an amount not less than:

• 1/4 of the total income of the payer - in favor of one child;
• 1/3 - two;
• 1/2 - three or more.

There are no instructions regarding the minimum payment for other categories of relatives - the amount, if necessary, is determined individually, taking into account the needs of the claimant and the capabilities of the alimony provider.

From the moment of certification and registration, the clauses of the agreement become binding, and their violation threatens with a fine, forced labor and even a prison term. Therefore, the issue of its termination should be approached very carefully.

Read more: How to bring a child support defaulter to criminal liability

Is it possible to terminate an alimony agreement?

The agreement on the amount and procedure for payment of salary is terminated in two ways:

1. By mutual agreement.
2. Judicially.

It is possible to avoid litigation in court only if the parties mutually wish to terminate the agreement. To do this, they will only need to visit a notary and have him certify the relevant application.

If only one party is dissatisfied with the subject of the agreement, he can terminate its legal force only through the court and only if there is significant evidence that the previously concluded agreement, due to changed circumstances, infringes on his legal rights and interests.

What is written also applies to cases where the agreement is changed: new clauses can be introduced or existing ones can be adjusted only with the permission of the second party or when it is necessary in the interests of the payer or recipient.

How to terminate an alimony agreement

To terminate the contract, it is important to follow the procedure established for such cases, following the standard algorithm of actions.

Procedure and procedure

Termination by court requires the interested party to take the following steps:

1. Justification of the claim is the collection of evidence that the provisions of the contract have lost their relevance.
2. Drawing up an application.
3. Submission of documents and claims to the district court according to territorial jurisdiction.
4. Visiting the courtroom on the day appointed for the hearing or filing a motion to consider the case in your absence.
5. Obtaining a judge's decision to satisfy or reject the stated claims.

An unlawful decision can be appealed to a higher court.

The decision to terminate the agreement cancels its effect or changes it to the required extent. A copy of the judicial act should be sent to the notary in order to further reduce the risk of confusion (erroneous application of the clauses of the terminated contract).

A parent or a legal representative appointed by the guardianship and trusteeship authority has the right to act in court in the interests of a minor, partially or completely incompetent citizen.

Jurisdiction

To comply with the termination procedure, it is important to choose the right jurisdiction for this case.

Jurisdiction is the compliance of the issue submitted for consideration with a judicial body of a certain competence and territorial district.

Cases regarding the cancellation of notarized agreements relate to civil disputes resolved through litigation. And they fall within the competence of district courts located at the place of registered residence of the defendant, that is, the person who disagrees with the position of the plaintiff.

• However, if the claim is filed by a representative of a minor or a person for whom it is difficult to travel to the defendant’s place of residence due to poor health, jurisdiction may be changed and filed at the place of his registration.

Claim for amendment of alimony payment agreement (sample)

The application to the court is drawn up in accordance with the plan presented below:

1. Introductory block. Contains information about the plaintiff, defendant and authorized judicial body (full name and address/name and location).
2. Descriptive block. Displays the main details of the appeal - the grounds, subject, place and time of the conclusion of the contract, the reasons why it should be terminated, etc.
3. Petition block. Represents the plaintiff’s formulated and legally justified demands.
4. Applications. All documents and materials accompanying the statement of claim are listed here.

The written claim must be signed by the plaintiff or his authorized representative.

Sample application

 Download sample

Documentation

The following must be attached to the statement of claim:

1. A copy of the agreement.
2. Certificate of income of the plaintiff and/or defendant.
3. Receipt for payment of state duty.
4. A copy of the claim.
5. Evidence of the circumstances stated in the claim.

If requested by the judge, you should be prepared to present other documents.

Price

For the consideration of claims of a non-property nature, the Tax Code of the Russian Federation provides for a state duty of 300 rubles. The specified amount is charged to the plaintiff.

Voluntarily

1. Voluntary termination begins with the parties discussing the subject of dissatisfaction: what exactly they would like to change in the agreement or generally come to the conclusion that all points, without exception, have lost their relevance.
2. A mutual decision must be stated in writing, in the form of separate statements or one, but certified by the signatures of both parties to the agreement, and also certified by a notary.
3. The appeal is presented in free form, indicating:

• Full name and place of work of the notary;
• Full name of the applicants;
• details of the agreement to be terminated;
• the grounds on which the payer arose this obligation.

Submitting an application to a notary is subject to a state fee of 200 rubles .

Invalidity of the agreement

The need to terminate an alimony agreement exists only if it is absolutely legal, that is, when its conclusion was made in accordance with current legislative provisions.

Otherwise, the interested party is only required to prove its invalidity. After which the “document” will be canceled, as well as the consequences that it entailed.

Insignificant

The nullity of an agreement is stated if it was concluded:

• With the participation of an incapacitated person or a child under 14 years of age.
• In gross violation of the order and form of execution (does not contain the signatures of the parties, is not certified, etc.).

Invalidity of this type is approved by the notary on his own initiative or at the request of the interested person. There is no need to go to court.

Disputable

In the following cases, the invalidity of the agreement is recognized only by the court:

1. One of the parties was a child aged 14–18 years or a citizen with limited legal capacity who did not have the support of his legal representative.
2. The person who entered into the deal did not understand the meaning of what was happening and its consequences.
3. The agreement was signed under pressure from unscrupulous beneficiaries.
4. The parties or one of the parties acted under the influence of a material misconception.

After the agreement is declared invalid, the recipient of alimony may be required to return the funds transferred to him, and the payer, on the contrary, may be required to pay what is missing for the past period.

The following situation can serve as an example of judicial practice on this issue.

Fedorov I.I. filed a lawsuit with the district court to terminate the alimony agreement. Five years ago, an agreement was concluded with his ex-wife on the amount of the monthly payment transferred in favor of their common minor child. The agreed amount exceeded the minimum established by law by 1.5 times, and this was the plaintiff’s initiative.

But over the past year, the payer’s family and financial situation has undergone significant changes: he remarried and became a father, which naturally entailed additional expenses. And in light of new circumstances, she cannot afford to transfer the previously promised amount to her first child.

Therefore, the plaintiff's request was granted and the agreement was terminated.

In such complex legal issues as termination of a notarized agreement, legal assistance cannot be avoided: the parties are not always clear what consequences termination will entail, how best to carry it out and what the consequences of an accidental mistake are.

It will be easier to deal with all this after consulting with our lawyers, who are ready to help at any time of the day and suggest a way out of a problematic situation for free.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call +7(499)369-98-20 - Moscow and Moscow region
• call +7(812)926-06-15 - St. Petersburg and region

Source: https://ros-nasledstvo.ru/rastorzhenie-soglasheniya-ob-uplate-alimentov/

Termination of an agreement to pay alimony

Home / Alimony / Termination of an agreement to pay alimony

Views 1675

An agreement on the payment of alimony is a type of civil law agreement that is concluded between parents in order to regulate issues of financial support for the child.

According to Article 104 of the Family Code of the Russian Federation, the method and procedure for paying alimony is determined by agreement.

Article 100 of the RF IC states that an alimony agreement must be concluded in writing and must be certified by a notary, in which case it will have legal force.

As a rule, an alimony agreement is concluded for a long period, for example, until a minor child reaches 18 years of age, but in practice, early termination quite often occurs. There can be many reasons for this, for example, the parties cannot reach agreement in the process of changing the agreement.

All issues relating to the conclusion, implementation, modification or termination, as well as invalidation of an alimony agreement, are regulated by the civil and family legislation of the Russian Federation.

Let’s take a closer look at how the alimony agreement is terminated – voluntarily and judicially.

In what cases is termination possible?

The parties (usually the father and mother of minor children) can terminate the concluded alimony agreement if they both consider it necessary. In other words, the parents agree that the recipient of alimony waives the right to monetary payments, and the payer is released from the obligation to pay monetary amounts.

The procedure for making changes or terminating the agreement is one of its conditions.

According to paragraph 4 of Article 101 of the RF IC, significant changes in the financial or marital status of the parties may serve as a reason for termination of the alimony agreement in court if the parties cannot voluntarily reach agreement in the process of making changes to it.

How to file a voluntary termination

It is not at all enough just an oral agreement that the previously concluded agreement is terminated and from today alimony will no longer be paid. Parents who decide to terminate the child support agreement must comply with the formalities required by law:

1. Since the alimony agreement is concluded in writing with notarization, the document can also be terminated only in this form.
2. The basis for termination of an alimony agreement can only be the mutual consent of the parties. One of the parties does not have the right to refuse to fulfill the terms of the agreement without the reciprocal consent of the other party;
3. You can terminate the alimony agreement at any time.

What actions should the parties take to terminate the alimony agreement?

1. The parties reach a consensus on the termination of the alimony agreement;
2. Termination of the contract is formalized in writing and certified by a notary office.
3. If the alimony agreement involved the transfer of a percentage of the payer’s salary by the payer’s employer, after its termination the employer must be notified of the termination of the transfers and a supporting document must be provided.

How to terminate an agreement to pay alimony through the court?

As mentioned above, the basis for termination of an alimony agreement in court may be significant changes in the financial and family situation of the parties (usually the payer), if the parties cannot independently reach a compromise - make appropriate changes or terminate the agreement.

Significant changes in financial or marital status usually mean the following:

• A sharp decrease in income (for example, the payer cannot pay alimony in the same amount or the recipient needs to increase the amount of payments);
• A sharp increase in income (for example, the recipient of alimony has a much higher income compared to the payer, or the high income of the payer implies an unreasonably high amount of alimony as a percentage);
• Changes in the marital status of the parties (for example, children are born to the alimony payer or parents lose their ability to work, as a result of which the payment of alimony puts the family in a difficult financial situation).

Jurisdiction

With a statement of claim for termination of a voluntary agreement on the payment of alimony, you must come to the magistrate’s court at the defendant’s place of residence.

Claim for amendment of alimony payment agreement (sample)

The document must comply with the requirements of civil procedural law, otherwise it will be returned to the plaintiff. You can familiarize yourself with the form and content of the statement of claim below.

How to properly file a claim for termination of an alimony agreement? You must provide the following information:

• Name of the court;
• Information about the parties - full name, residential address, contact telephone number;
• Information about interested parties (if any are involved in the case);
• The title of the document is “Statement of Claim for Termination of the Agreement on Payment of Child Support”;
• Statement of the circumstances of the case, the grounds for termination of the alimony agreement with references to supporting documents and other evidence;
• Request to the court to terminate the voluntary agreement on the payment of alimony (additional request - to assign alimony in a fixed amount);
• List of applications;
• Date of;
• Signature.

You can see a sample claim statement below:

Arbitrage practice

The legal process for early termination of an alimony agreement is open and adversarial in nature. The court considers the claim and counterclaim, examines documents and other evidence, and listens to the arguments of the parties. After a comprehensive study of the case materials, the court makes a binding decision.

As a rule, the court considers the filed claim and terminates the agreement, but based on the circumstances of the case, assigns alimony payments in a fixed amount of money - if such a requirement is stated in the statement of claim or in the defendant’s counterclaim.

Source: http://law-divorce.ru/rastorzhenie-soglasheniya-ob-uplate-alimentov/

How to terminate an alimony agreement?

Author of the article: Elena Plokhuta, lawyer,
reading time: 5 minutes,
updated:
January 11, 2020
Reads:
2167

If there is a mutual agreement, spouses or former spouses can enter into an alimony agreement that determines the procedure, amount and timing of payment of funds for the maintenance of the child. Voluntary termination of an agreement to pay alimony is allowed with the consent of both parties, in other cases - in court.

Grounds for termination of the agreement

Contents (click to open)

The alimony agreement is a civil law agreement. The specifics of its change or termination are regulated by the rules of the Insurance Code and the Civil Code of the Russian Federation.

There are two ways to cancel a document:

1. Peaceful. The basis is the initiative of one of the parties - the payer or the recipient. The consent of both is required. The reason may be a change in financial well-being, lack of need for material support for the child, etc.
2. Judicial. The plaintiff files a lawsuit to declare the agreement invalid if the other party does not agree with it. The reason is the deterioration of the financial situation of the person liable for alimony (clause 4 of Article 101 of the RF IC).

Have a question for a lawyer?
Ask a question and get a free consultation on your problem

Procedure for terminating an agreement with a notary

The termination procedure at a notary takes literally 1-2 hours. To terminate the agreement, you must draw up another one regarding its termination:

1. The recipient and payer agree on termination and determine the date and time of the visit to the notary.
2. On the appointed day, the parties visit the notary’s office, pay the fee for services, and enter into an agreement.
3. The alimony agreement ceases to be valid from the date of execution of the agreement, unless its terms provide otherwise.

The size of the notary fee according to Art. 22.1 “Fundamentals of legislation on notaries” is 500 rubles. Additionally, the notary may charge money for drawing up the agreement and verifying information.

How to draw up a termination agreement?

There is no unified form. To compile it, you can use an example sample:

Payer: Murzykov S.V.

Recipient: Agapova O. N.

Notary: O. D. Gordienko

Murmansk, st. Severnaya, 23

Agreement

We, Murzykov S.V. (payer) and Agapova O.N. have entered into this agreement as follows:

1. Terminate our previously executed agreement on payment of alimony No. 3849 dated July 20, 2017 for our common minor son Murzykov G.S. (born in 2010) by mutual consent.
2. Contents of Art. 131, 209, 587, 599 of the Civil Code of the Russian Federation and Art.

101 of the RF IC is explained and understandable to us.
3. The costs of completing this transaction are borne by S. V. Murzykov
4.

The parties, in the presence of a notary, confirm that they are competent, are sober, and do not suffer from diseases that prevent adequate perception of actions.

5. This agreement is concluded in triplicate. One of them was left for storage with the notary O.D. Gordienko at the address: Murmansk, st. Severnaya, no. 23.

The text of the agreement was read aloud by the notary

Murzykov S.V.:
Passport: series 1410 number 128576
Issued by department No. 1 of the Federal Migration Service of Russia for the city of Murmansk in the Murmansk region
Registration address: Murmansk, st. Svobody, 17.

Agapova O.N.:
Passport: series 1410 number 475849
Issued by the department.
No. 3 OUFMS of Russia for the Belgorod region in Belgorod Registration address: Murmansk, st. Gagarina, 19, apt. 77

This agreement is certified by me, Gordienko O.D., a notary of the notarial district of Murmansk. The document was signed by the parties in my presence. The identity and capacity of the parties have been verified and established.

Documents for a notary

When visiting the office you will need:

• passports,
• terminated agreement
• child's birth certificate,
• marriage certificates.

Termination of agreement through court

The termination procedure in court takes at least a month. The only basis for termination of an agreement through the court is a change in the financial situation of one of the parties. If the payer cannot cope with payments, he can act within the framework of the Insurance Code, Civil Code and Code of Civil Procedure of the Russian Federation:

1. Send a written proposal for termination to the recipient, indicating the reasons and deadlines for responding.
2. If the answer is negative or absent, draw up a claim and submit it to the Magistrates' Court at the defendant's registered address.
3. Take part in the consideration of the case. The court has no more than a month to do this.
4. After the decision comes into force, receive an extract and a writ of execution (IL).
5. Present the IL to the bailiffs if the agreement was previously submitted to the FSSP. Based on this, payments will have to be cancelled.

If the agreement is drawn up without notarization, it cannot be contested, since it is initially invalid.

In addition to the complete cancellation of the agreement, the alimony obligee can challenge it on individual points and ask the court to reduce the amount of alimony. In such a situation, the recipient has the right to file a counterclaim for mandatory collection of funds under a writ of execution.

Documents for court

When visiting the court, you are provided with a receipt for payment of the state fee (300 rubles), a passport, and the agreement itself. You will need evidence of the reasons for the decrease in material wealth:

• a copy of the work book, which will contain information about dismissal due to reduction;
• birth certificate of a new child;
• certificates of disability, etc.

A written refusal from the defendant to terminate will be required, as well as an offer sent to him initially.

Arbitrage practice

Requests for termination of agreements by the courts are satisfied if there are compelling reasons. Most often, decisions are made in the direction of reducing alimony payments. If the document is completely cancelled, payments are assigned to the child under IL.

Let's look at a practical example:

In 2015, citizen Makarov N. E. formalized an agreement with his ex-wife Ignatova R. O. on the payment of alimony for the maintenance of their common son. At that time, the man’s earnings were 100,000 rubles. monthly, of which RUB 30,000. he had the opportunity to pay for the child.

In 2017, Makarov N. E. received an industrial injury, quit his job and filed for disability. Debt began to accumulate behind him. Based on Art. 114 of the RF IC, he asked the court to exempt him from paying the debt, and also to reduce the amount of payments from 30,000 rubles. up to 25% of the disability pension.

Taking into account the circumstances and having studied the evidence presented, the court granted the claims for termination of the agreement.

Another example:

The payer's earnings decreased and a second child appeared. A debt arose regarding child support for the first child, which the ex-wife tried to claim.

The man filed a lawsuit to cancel the agreement and reduce the amount of the principal debt with a penalty. The mother of the first child filed a counterclaim for the recovery of alimony in a fixed amount.

The claim of the alimony obligee was satisfied, but he was awarded alimony payment under IL in the amount of 10,000 rubles. monthly.

Lawyer's answers to questions about termination of alimony agreement

Is it possible to terminate the agreement if the payer goes bankrupt?

For termination by mutual consent, the reasons are not important. When going to court, termination of the contract is allowed, but payments are assigned in accordance with the financial situation of the payer.

Is it possible to terminate the agreement if alimony was paid one-time for several years in advance?

Yes. To do this, an agreement is drawn up on the transfer of property or a large sum for alimony. Next, a document on termination of the previously concluded agreement is drawn up.

Can the agreement be terminated if there is a significant change in circumstances?

By law, a significant change in circumstances means only good reasons (a decrease in earnings not through the payer’s fault, the appearance of a new dependent, etc.). The contract is terminated and smaller payments are assigned.

The husband filed a lawsuit to terminate the agreement. What should I do?

If the payer hides real earnings and declares only 10,000 actual income, which is fraud, it is recommended to collect alimony in a fixed amount from the subsistence level.

After the court decision comes into force, the IL must be submitted to the bailiffs for forced deduction of payments.

Conclusion

The recipient and payer of alimony have the right to terminate the alimony agreement at the notary at any time by drawing up the appropriate document and paying the notary fee. Subsequently, the parent raising the child retains the right to forcefully collect payments through the court. It is permissible to re-enter into an agreement on the payment of alimony.

Did not find an answer to your question?
Find out how to solve exactly your problem - write your question right now (it's fast and free)

Legal advice for site visitors is free!

Lawyer. 2 years of experience. I specialize in civil disputes in the field of family law.

Source: https://SocPrav.ru/kak-rastorgnut-soglashenie-ob-uplate-alimentov

Agreement on payment of alimony. Arbitrage practice

Relations related to the conclusion, execution, modification, termination and invalidation of an agreement on the payment of alimony are regulated by the norms and rights of articles of the Family Code of the Russian Federation:

Article 99 of the RF IC.
Conclusion of an agreement on the payment of alimony Article 100 of the RF IC.
Form of agreement on payment of alimony Article 101 of the RF IC.
The procedure for concluding, executing, changing, terminating and invalidating an agreement on the payment of alimony Article 102 of the RF IC.

Invalidation of an agreement on the payment of alimony that violates the interests of the recipient of alimony
Article 103 of the RF IC.
The amount of alimony paid under an agreement on the payment of alimony Article 104 of the RF IC.
Methods and procedure for paying alimony under an agreement on the payment of alimony Article 105 of the RF IC.

Indexation of the amount of alimony paid under an alimony agreement

Judicial practice of applying the norms of the RF IC in cases related to the conclusion, modification, termination of an agreement on the payment of alimony

When resolving disputes about the amendment, termination of an agreement on the payment of alimony or on the recognition of such an agreement as invalid, it is necessary to take into account that the rules of the Civil Code of the Russian Federation governing the conclusion, execution, termination and invalidation of an agreement on the payment of alimony are applied to the conclusion, execution, termination and invalidation of an agreement on the payment of alimony civil transactions (clause 1 of article 101 of the RF IC).

In the event of a significant change in the financial or family situation of the parties, if they have not reached an agreement on changing or terminating the agreement on payment of alimony in connection with this, the court has the right, at the request of an interested party, taking into account any noteworthy interest of each of the parties, to decide the issue of changing or termination of the agreement.

In accordance with Art.

102 of the RF IC, the court also has the right, at the request of the legal representation of a minor child or an adult incapacitated family member, a guardianship and trusteeship authority or a prosecutor, to invalidate a notarized agreement on the payment of alimony, if the conditions for providing maintenance to a minor child or an adult incapacitated family member significantly violate the interests of these persons, for example, the amount of alimony established by agreement for a minor is lower than the amount of alimony that he could receive when collecting alimony in court (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 No. 9 “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony")

Can persons who are not obligated to pay alimony in accordance with the RF IC enter into an agreement to pay alimony, and does such an agreement have the force of a writ of execution?

The answer to this question is given in the review of legislation and judicial practice of the Supreme Court of the Russian Federation for the second quarter of 2004 (approved by the resolution of the Presidium of the Supreme Court of the Russian Federation dated October 6, 2004):

Answer: An agreement on the payment of alimony, which has the force of a writ of execution, as follows from the content of Art. 99 of the RF IC, can only be concluded between a person obligated to pay alimony and its recipient - a person who has the right to collect alimony in court (Chapters 13 - 15 of the RF IC), subject to the conditions provided by law.

The rules of the Civil Code of the Russian Federation governing the conclusion, execution, termination and invalidation of civil law transactions (clause 1 of Article 101 of the RF IC) apply to the conclusion, execution, termination and invalidation of an agreement on the payment of alimony.

Civil legislation is based on the recognition of the equality of participants in the relations regulated by it, the inviolability of property, freedom of contract, and the inadmissibility of arbitrary interference by anyone in private affairs (Clause 1 of Article 1 of the Civil Code of the Russian Federation).

According to paragraph 1 of Art. 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to enter into an agreement. Compulsion to enter into an agreement is not permitted, except in cases where the obligation to enter into an agreement is provided for by the Civil Code of the Russian Federation, the law or a voluntarily accepted obligation.

At the same time, in accordance with paragraph 2 of Art. 421 of the Civil Code of the Russian Federation, the parties may enter into an agreement, both provided for and not provided for by law or other legal acts.

Thus, a person has the right to assume a voluntary obligation, which is not alimony in relation to Chapter 15 of the RF IC, for the financial support of another person even if there are no conditions provided by law for the payment of alimony to this person and he is not classified as a person who has the right to demand alimony in court.

Such an agreement on the provision of monetary support to another person in the event of its notarization in accordance with subpara. 2 p. 2 art. 163 of the Civil Code of the Russian Federation in itself does not have the force of a writ of execution.

At the same time, the debt incurred in the event of failure by the person who assumed the obligation to provide funds by virtue of the said agreement can be recovered in court by the person in whose favor it was concluded.

The amount of alimony under an agreement on the payment of child support cannot be lower than the amount of alimony specified in Article 81 of the RF IC

From the court decision in the case

The court did not take into account the requirements of paragraph 2 of Art. 103 of the RF IC - the amount of alimony established under an agreement on the payment of alimony for minor children cannot be lower than the amount of alimony that they could receive when collecting alimony in court (Article 81 of this Code).

When concluding the agreement, the parties determined the amount of alimony, which corresponds to the established clause 1 of Art. 81 of the RF IC, the amount for one child is one quarter of the father’s earnings and (or) other income.

By changing the amount of alimony, the magistrate moved away from the specified amount.

The increase in the plaintiff’s expenses for improving his living conditions is not a significant change in his financial situation (Resolution of the Presidium of the Primorsky Regional Court of March 1, 2010 No. 44g-28).

Indexation of the amount of alimony by agreement on its payment or in accordance with Art. 117 IC RF

From judicial practice

If alimony is paid under an agreement on its payment, then the indexation of the amount of alimony is carried out in accordance with this agreement (Article 105 of the RF IC). The parties may provide for a variety of indexation methods, for example, payment in rubles in an amount equivalent to a certain amount in foreign currency.

If the agreement on the payment of alimony does not provide for an indexation procedure, indexation is carried out in accordance with Art.

117 of the RF IC, that is, in a manner similar to the procedure for indexing alimony collected by court decision (Certificate of the Perm Regional Court dated March 10, 2008 “On the application of legislation on alimony obligations”).

We also recommend all statements of claim for the collection of alimony (samples).

Source: http://logos-pravo.ru/soglashenie-ob-uplate-alimentov-stati-99-105-semeynogo-kodeksa-rf