Notary agreement on the payment of alimony: a sample and the nuances of the conclusion

For many, the concept of “alimony recovery” is associated with lengthy litigation. The main difficulty people see in determining the size and method of making payments. Domestic law provides for a fairly simple solution to this issue - an agreement of parents to pay child support. Let's consider it in more detail.

General information

An agreement on the payment of alimony (a sample of the document will be further presented in the article) is possible only if normal relations have been established between the father and mother, and the obligated person according to make the appropriate payments. Thus, the contract between the entities should be concluded on a voluntary basis. An agreement on the payment of alimony for a minor child must include information on the amount, method and timing of payments. As a rule, disputes arise regarding the provision of dependents under the age of 18. However, the law also provides for the establishment of payments in favor of one of the spouses or elderly parents. The Family Code indicates that a contract between entities must be voluntary. Thus, it can be concluded by a person who is not required to pay child support, but wants to do so. In addition, the law allows the signing of an agreement with respect to a person who has reached 18 years of age. For example, payments can go to education.

General compilation rules

According to Art. 110 SK, an agreement on the payment of alimony for a child is drawn up in accordance with the norms of the Civil Code. This means that the contract must be in writing and certified by the signatures of the parties. It should be noted that only certified child support agreements are valid. The agreements must bear the appropriate mark of the authorized person on the authenticity of the document. A notary acts as such a subject. With its mark, the contract has the same legal force as the writ of execution, which is issued in accordance with a court decision. If the obligated person begins to evade the fulfillment of the contract, this can be declared bailiff. The latter will already take coercive measures in order for the agreement on the payment of alimony to be executed.

Making adjustments to the contract

The law allows changes to the alimony agreement. Adjustments may be made by mutual agreement. In this case, the agreement can be changed at any time. In this case, a new document is compiled in the same form as the original. This means that the essence must be stated in writing, and the agreement itself must also be certified by a notary. If one subject of legal relations wants to make corrections, and the second does not agree with them, the dispute is resolved in court. Corrections to the agreement on the payment of alimony are made upon a significant change in the family or material condition of the participants in the legal relationship. At its discretion, the court may take into account other material circumstances. As for the issue of changing the material state, not only the deterioration of the situation, but also improvement is considered. In this regard, the court has the right to reduce or increase the amount of payments. Termination of an alimony agreement is done in a similar way. The new contract must also be certified, as well as the first.

Mandatory certification of the contract

As mentioned above, only a notarial agreement on the payment of alimony has legal force.This requirement is established in Art. 100 SK. An authorized person shall verify compliance with the requirements of the law regarding the subject of the contract, as well as the right of subjects to conclude it. Failure to comply with this requirement entails a number of consequences. In particular, an agreement on the payment of alimony is automatically recognized as null and void. That is, all duties and rights prescribed in it become void. However, to recognize the invalidity of such an agreement, you do not need to go to court, since it is such until the moment of certification. It follows that the usual written form of an agreement on the payment of alimony will not work.

Certification Benefits

A notary agreement on the payment of alimony allows you to:

1. Contact the executive body for enforcement in case of evasion of the obligated person from the implementation of established payments.
2. To challenge the agreement on the payment of alimony in court, stating the requirement to adjust the conditions, amount or term of payment.
3. A person who has the right to material security, but does not receive it, shall file a claim for recovery within three years from the date of conclusion of the contract.

A certified agreement on the payment of alimony for a minor will serve as evidence that the applicant has taken measures to receive payments, but the defendant evaded them. This circumstance is of particular importance, since in the absence of a contract, obligations will be awarded from the moment of appeal, but not earlier.

Payout amount

The parties themselves establish the procedure for the payment of alimony. The child support agreement, as stated above, is a voluntary agreement. In this regard, the size of payments is also set at the discretion of the parties. But in accordance with the law, the amount should not be less than the minimum. It is installed in the UK. According to the norms, the minimum amount of alimony is considered:

• 1/4 of the salary or other income of the obligated person for 1 child;
• 1/3 - for two;
• 1/2 - for three or more children.

However, there are situations when the obligated person is not employed anywhere. In these cases, the minimum amount of payments is not provided. Thus, the parties themselves agree on the amount. If the person refuses to pay, the court will appoint the amount of funds that will allow to maintain maximum security for the child. In accordance with the law, a person who is charged with the obligation to maintain a minor must report all additional sources of his funds. The size of payments, therefore, will be determined in accordance with the total amount of income. When concealing information or providing false information, a fine may be imposed on the obligated person under the law.

Ways of providing collateral

An alimony agreement may include the following options:

1. In shares of income or salary.
2. In a solid amount.
3. In the form of property.

A fixed amount means a fixed payout. It is determined based on the total amount of income or salary required. This option is used in cases where this person does not have stability in the receipt of funds or he receives them in foreign currency. In addition, payment arrangements may be established. Deductions can be made regularly (usually once a month) or once. Participants in legal relations can choose a mixed form of payment. In addition to deductions directly in money, property or food may be provided.

Indexing

It represents a change in the amount of alimony depending on the price level in the country. The indexation problem occurs when deductions are made in a solid amount. The ability to change the amount may be provided in the terms of the agreement.If there is no such clause in the contract, then indexation, in accordance with the general rule, is carried out in proportion to the increase in the established minimum wage.

Child Support Agreement: Model

As in any other contract, the document must contain the required details. First of all, the name "Agreement" is indicated. The following is information about the parties who conclude it, as well as information about the person in respect of whom deductions will be made. It is necessary to indicate the full name, passport information, place of registration of parents, date of birth and full name children. After this, you need to write the following: "Acting within the framework of their powers, in accordance with Articles 39, 99-101 and 80 of the RF IC, we have concluded the agreement as follows."

After this phrase the subject of the agreement is established. It is an obligation to make maintenance payments. Here you must specify the full name the person who will do it. The same section establishes the size of payments, the method and period from which they will be made. Next, the terms and forms of payments are prescribed. The parties establish how the deduction will be made. This can be a transfer of funds to a current account or delivery in person. Here you can also specify which documents will serve as evidence of the transfer and receipt of money. This can be receipts, accounting and bank payment documents and other papers. In this section, you can also provide for the possibility of the obligated person to make payments through his representative.

Rights and obligations

This section should be included in the agreement. It lays down precisely those obligations that must be fulfilled, and those opportunities that the parties can use if someone violates the established conditions. Thus, the payer is charged with making timely deductions in the amounts, by the method, within the time periods provided for in the contract. The payee, in turn, undertakes to inform him in a timely manner of a change of residence, changes in the details of the account, other circumstances that will be essential for the proper execution by the other party of the terms of the agreement.

Contract period

This section sets the date on which the agreement enters into force. As a rule, this period begins from the moment of conclusion. The parties also prescribe in the contract the circumstances upon the occurrence of which its effect is terminated. These include:

1. Reaching a child of 18 years.
2. Loss by the payer of disability by 50 percent or more or recognition of his disability.
3. Other events with which the legislation connects the termination of contractual obligations for the payment of alimony.

additional information

In this section, you can provide for the possibility of reducing the established amount of maintenance payments. The following may serve as the basis for the review of the amount:

1. Disability by the payer by 50 percent or more.
2. Acceptance of 2 or more dependents by the obligated person (including those who are unemployed and need to be provided with relatives, minor children, etc.).
3. Other circumstances provided by law as grounds for reducing the amount of the imputed amount.

It should also provide for the procedure in accordance with which a change in the size of the payment is made. In particular, a decrease or increase in the amount is carried out by agreement of the parties or, if it is not achieved, in a judicial proceeding. In conclusion, it is advisable to prescribe that all other parties to the legal relationship not settled by agreement will be considered and resolved in accordance with applicable law. Before signing the contract, you should carefully read it again. It is advisable to add in conclusion the following: "The parties sign the agreement, fully understanding its essence and subject."Next, you need to indicate the status of the entities (payer and recipient of alimony), leave space for indicating full name (in full) and signatures. Then put a number.

Conclusion

Above was considered an example of an agreement on the payment of alimony. Specialists recommend referring to specific articles of the legislation in the text of the contract. The parties themselves can form certain sections, enter in them this or that information. However, it is imperative that the content of the alimony agreement clearly reflects the subject. All conditions must be clear and understandable so that no further disputes arise over the interpretation. After signing the agreement, it must be certified by a notary. An authorized person will read the contract, check its legality. Therefore, the text should be understandable to a notary.

Agreement on the payment of alimony of the subtleties of the conclusion through the eyes of a notary: