What does it mean to conclude an alimony agreement?

Often people do not even suspect that some aspects of their mutual communication can be expressed in a specific legal term. Specialists have to explain to their clients what an alimony agreement is and what subtleties of this issue they need to know.

Basic concepts

In real life, everyone is accustomed to perceiving the word “alimony” as money that is deducted from the salary of one of the parents in favor of a minor child in the event of a family breakup. In principle, the way it is. But in this case, it is worth taking a look at this problem in a broader sense. Then it turns out that the obligation of a citizen by law to pay money for the maintenance of a particular person is nothing more than an alimony agreement.

That is, one of its participants, in accordance with certain legal norms, decides that he will help the other party for some time by transferring the agreed amount of money to it. An alimony agreement must be certified by a notary. This confirms the voluntary intentions of one party and the acceptance of such conditions on the other. Without official certification, the document loses its legal force and turns into a regular letter, transferred from one person to another privately. In the event of a conflict, the court will not consider such a paper as evidence.

Parties to the agreement

The fifth section of the Family Code of Russia states that maintenance obligations may arise in relation to different family members. It all depends on specific circumstances and objective conditions. The alimony agreement is a fact of mutual agreement, that is, the parties after discussing the issue came to some kind of consensus. I wonder who and from whom can claim funds for their maintenance? According to the law, they can receive the alimony due to them:

1. Minor children. It is clear that at the moment one of the parents or an authorized representative will manage the money. This also includes children who have reached the age of majority if they are currently incapable of work and need help.
2. Any of the parents, if he cannot work, and the child is already an adult and independently earns a living.
3. Spouses, even if at the moment they are already ex. Help may be required by one of them who is disabled or has become one before the dissolution of the marriage, as well as within a year after that. A woman can count on maintenance while on maternity leave of up to 3 years or one who is raising a disabled child alone. For former help, ex-spouses who are healthy but need money and have reached retirement age no more than five years after the official divorce can count on them.
4. Sisters and brothers in need under similar circumstances.

In each of these cases, the issue is always resolved in the interests of both parties.

Important information

To be sure of the final result, you need to know how to draw up an alimony agreement. The sample may be in the form of a standard form with blanks to fill out or an individual text drawn up for a specific episode.

In any case, the document should reflect all the information necessary for its preparation:

1. Details of both parties to the agreement, referred to in the text as "Payer" and "Recipient".
2. Documents confirming the fact of transfer or transfer of money.
3. Description of the selected form of depositing funds.Money can be transferred using the services of banks or post offices, as well as transferred personally to hands. In this case, it is necessary to draw up a receipt in order to avoid possible misunderstandings in the future. It also specifies the timing of making the required amount (once a month, quarter) and the number by which they should be at the “Recipient”.
4. It is necessary to determine the terms of reference, as well as the rights of each of the parties to this agreement.
5. Establish, by mutual agreement, the duration of this agreement. Here it is necessary to stipulate the possible ways and methods of changing it.

The agreement is signed by both parties, thereby expressing agreement with everything mentioned above.

Rules for compiling a document

How should a maintenance agreement be drawn up? The form of the document usually resembles a model contract, which contains the following mandatory clauses:

1. The name, as well as the date and place of compilation of the document.
2. A preamble that provides detailed information on both sides.
3. Subject of the agreement. It usually sets out the essence of the matter.
4. Form and terms of making mandatory payments
5. This is followed by a section on the liability and rights of the two parties.
6. In conclusion, it is necessary to stipulate the period during which this agreement will be valid. Special attention should be paid to reasons that could lead to the termination of this obligation. It is also necessary to determine in advance in which cases the size of the transferred amount can be reduced. If the parties do not come to a consensus, then the court will deal with this issue.

Each of these points must be agreed with a specialist. After all, any committed inaccuracy can nullify all the efforts made before this.

Payment Amount

Given the fact that the maintenance agreement is an agreement concluded voluntarily, you need to know what amounts of payments in this case can be discussed.

A substantial explanation in this direction is provided by Article 103 of the RF IC. According to her child support amount paid as assistance for maintenance, may not be less than the amount that is due in this particular case, subject to a trial. So, for example, a husband is obliged to periodically give his ex-wife money for the maintenance of their common child in exchange not less than ¼ of his total earnings. If there are two children, the amount will accordingly increase to 1/3. In the case of three or more children, the father will be obliged to transfer for them half of all the funds earned by him. If the agreement will contain an amount that is significantly lower than that stipulated by law, then such a document may be invalidated. The notary must verify all this before signing such a paper.

Reasons for non-compliance

The parties to the agreement should know, when compiling an alimentary agreement, that this is a legal document that must be properly executed. If any violations or inaccuracies are discovered, it may be declared invalid at any time.

This can happen for various reasons:

1. If one of the parties is an incompetent person and the other has not reached full age. Between the ages of 14 and 18, the child must have a legal representative. It is he who will have to decide the issue by concluding a contract.
2. If at the time of signing the agreement one of the participants was pressured. As soon as he declares this in court, the agreement will immediately lose force. But by that time no more than 1 year should have passed from the moment when the negative influence ceases.
3. Underestimated amount of payments.
4. The contract (agreement) is drawn up in violation of the requirements for its form.

The parties may at any time terminate these obligations themselves. For this, only mutual agreement is needed.