Sample of drawing up a settlement agreement on alimony

An agreement on the payment of alimony is an agreement that regulates the amount, frequency and option of paying withholdings. It is concluded between the person paying alimony and the person receiving it.

This document is a settlement agreement on the payment of alimony, since when it is concluded there is no need to apply to a judicial authority.

Often, alimony obligations arise between spouses with young children. However, the parties to such an agreement may be:

• adult children who are unable to provide for themselves financially due to their disability;
• spouse during pregnancy and until the child turns 3 years old;
• a spouse who is on leave to care for their common disabled child;
• disabled spouse, as well as former husbands and wives;

Consequently, an agreement can be concluded between all of the above-mentioned subjects of alimony legal relations.

Form of agreement on payment of alimony

The execution of such a document is possible only if there is a possibility between the parties to peacefully resolve the issue related to alimony obligations.

The document is drawn up in writing, secured by the signatures of the parties and notarized with the appropriate mark.

An agreement on the payment of alimony concluded in our state is subject to mandatory notarization, or this paper will be considered invalid. This requirement is enshrined in Article 100 of the Family Code of the Russian Federation.

To certify the alimony agreement, you can contact both a public notary and a private office.

How to conclude a payment agreement?

The alimony agreement is concluded only in writing . To do this, both parties will need to go through several steps:

1. The payer and recipient are determined with all the conditions for making payments that will be specified in the contract. The agreement must necessarily contain the main points.
2. Prepare a package of documents.
   It includes:
   • agreement;

   passports of the payer and recipient;

3. documents that confirm family ties between the parties (birth certificates of children, marriage or dissolution of marriage, etc.).
4. The agreement itself can be drawn up yourself, or with a notary. If a document is drawn up on your own, you need to pay attention to the correctness of its contents, since the notary, if there are errors, will refuse to certify it.
5. Visit a notary in person with all the necessary documents to certify the agreement.
   Some notaries require the payer to provide a certificate of income to prevent underestimation of the amount of mandatory payments.

You can find more information about the rules and nuances of drawing up an alimony agreement here.

Parties involved in creating an alimony agreement

The parties to this agreement may be:

• A person who agrees to undertake the obligation to pay a sum of money towards the collected alimony;
• A person claiming funds;
• Children over 14 years of age in whose favor the withholding is made;
• Legal representatives (both on the one hand and on the other);

According to the provisions of the Civil Code, citizens who are 14 years old at the time of a civil transaction must be present and participate in the transaction. But only in the presence and with the consent of parents or legal representatives.

The main features characterizing the agreement:

1. Unilateral contract - since only one of the parties has an obligation;
2. Gratuitous - the party paying alimony transfers money without any reciprocal conditions;
3. Consensual - is concluded from the moment citizens reach mutual consent.

Description of the main sections of the document

If the parties agree to resolve the issue of alimony payments peacefully, then they must decide on the terms of such an agreement. The procedure for its conclusion is regulated by Art. 101 IC RF. The agreement must include the following points :

1. Personal information of both parties. The contract must indicate:
   FULL NAME.
2. Date of birth.
3. Place of registration.
4. Passport details of both the payer and the recipient of payments.
5. Information about children (other persons) in whose favor payments will be made.
6. The subject of the agreement is the reason for providing financial support.
7. Amount of alimony (Article 103 of the RF IC).
   The parties set the amount of payments at their own discretion. Amounts can be fixed, as a percentage of the payer’s income, or in a mixed form. The amount of payments should not be less than what the recipient is legally entitled to.
8. Payment procedure (Article 104 of the RF IC). In the agreement, the parties indicate how funds will be transferred to the recipient:
   cash;
9. crediting to a card account;
10. by money transfer.
11. Payment terms. In court, alimony is always prescribed in the form of monthly payments, but the parties can voluntarily agree on both quarterly and annual payments. An agreement can also be concluded on a one-time transfer of ownership of valuable property.
12. Rights and obligations of the parties, as well as responsibility for avoiding them. The document may indicate the amount of the fine or penalty.
13. The procedure for making changes and terminating the alimony agreement (Article 101 of the RF IC). Since the document is drawn up and signed by mutual consent, anything in it can also be changed only with the consent of both parties. If someone does not agree, the issue is resolved in court.
    Changes can be made at any time during the term of the agreement. Termination of the contract is carried out in the same manner as amendments to it.

    It should be taken into account that even the voluntary termination of an alimony agreement does not relieve one from the obligation to provide material support. Changes must be made in writing and notarized.

14. Other conditions that the parties were able to agree on, including indexation of payments (Article 105 of the RF IC).
15. Date of conclusion of the agreement.
16. Signatures of both parties and notarized confirmation.

Our experts have prepared other useful publications devoted to the issues of alimony not only for one child, but also for his maintenance with his mother. From them you can find out:

• How long can you apply for alimony, and can you collect it for previous years?
• What documents will be needed in different situations and how to send them through State Services?

The procedure and necessity for notarized registration of alimony payment agreements

Package of documents required for a notarial deed:

• Documents confirming the identity of all parties to the agreement;
• Identification document for minors (birth certificate, passport);
• Papers required to clarify family ties with children. For example, a certificate of paternity;
• A document confirming the permanent employment of the person who pays alimony.

The last document is necessary for the notary to adequately assess the amount of payments. This is done to ensure that the amount established by the parties is not less than that established by law.

Amount of cash benefit to be recovered

An alimony agreement may be a more profitable option for paying alimony, since the payer and recipient can agree on larger amounts than the court could assign .

The most important condition is that the amount agreed upon by both parties is not less than the payments required by law. The parties establish the amount of alimony depending on their financial situation, as well as the needs of the recipient.

Alimony can be calculated in different ways:

• as a share of the payer’s income;
• in a fixed amount of money;
• as a one-time payment;
• mixed payments.

If the payer and the recipient are considering making payments in a fixed amount, then to determine the amount, not only the party’s needs for material support, but also the minimum subsistence level at the time of calculation can be taken into account.

Mandatory terms of the agreement

The agreement is drawn up on paper and contains mandatory clauses. To which all parties must fully agree:

• monthly payment amount;
• the procedure and nature of retention;
• grounds for changing the terms of this agreement;
• responsibility for failure to fulfill agreements;
• date of registration of the agreement and validity period of the document;
• additional nuances that were previously discussed and do not violate the interests of the recipient and the legislation of the Russian Federation.

By agreement of the parties to the alimony agreement, clauses on penalties or interest, as well as on the transfer of specific property, can be introduced.

Payment amount

The rules for establishing the order and amount of payments under an alimony agreement are the same as in the case of court proceedings. Accruals can be made in the following ways:

• monthly as a percentage of the parent’s income;
• monthly in a fixed amount of cash;
• transfer of large financial assets at a time;
• by transferring property of various types into the ownership of the recipient.

The Family Code of the Russian Federation allows you to combine several methods of accrual in a document, the main thing is that both parents agree with this and the interests of the parties or children are not violated.

The type and amount of funds may be established in the agreement at the discretion of the parties, but not lower than the amount provided by law:

• at least 25% of income if there is one child;
• 1/3 income for two children;
• half of earnings for three or more children;
• no less than the fixed amount that the court would have established in the writ of execution.

Rules for drawing up and sample agreement on payment of alimony

To date, no general form for such a document has been developed.

All offices use their own templates. But in all cases, the agreement contains:

• name of the legal document;
• Date of compilation (day, month, year);
• Full names of participants, details of identification documents, dates of birth of children, place of registration and residence;
• Reason for drawing up and concluding an alimony agreement;
• Information about monthly deduction (amount, payment option and terms);
• Bank account number for transferring money;
• Obligations of the parties to the contract;
• Conditions for terminating the alimony agreement;
• Signature of the persons involved, as well as a transcript of this signature indicating the date.

After all the necessary information has been entered into the relevant document, the notary proceeds to directly certify it in the manner prescribed by law. The alimony agreement is certified in 2 copies.

After completion of the procedure, the official hands both parties a copy.

The notary is obliged to enter the certified document electronically into the appropriate register, as well as enter information into the paper register, where the parties involved sign.

If the agreement concerns two minor children, then it is recommended that the agreement be drawn up for each child individually. A sample agreement for a child is given below:

Advantages

A child support agreement helps ensure financial support from the other parent until the child reaches adulthood. Its conclusion indicates that the payer of the funds intends to participate in the life of his child in the future.

Once an alimony agreement is concluded, the recipient of the funds can no longer collect alimony in court.

However, formalizing the transaction will significantly save time if the payer evades charges, since the agreement has the force of a writ of execution and can be sent to the bailiffs for execution.

Concluding an agreement is also advisable if the parent intends to go abroad for work or permanent residence. In addition, the document will allow in the future to flexibly change the amount of alimony in the face of inflation.

What should a father do if his ex-wife filed for child support? The answer is presented in the article “What to do if your wife filed for alimony.” You can find out how the alimony court process works here.

Change, termination, termination and invalidation of an alimony agreement

You can change the terms of the document or completely terminate it if there is consent of both parties to the agreement.

Such actions can be taken at any stage after signing the agreement, if there are compelling arguments and prerequisites for this.

If one of the parties has significant financial, family circumstances, or is related to health conditions, and adjustment of the terms of the monetary withholding is essential for him.

In this case, the clauses of the contract are changed.

But if the other party does not agree, then in such a situation a person who is interested can send a statement of claim to the court.

How to draw up a settlement agreement on alimony

The agreement must be drawn up in written free form, but indicating certain mandatory points that will subsequently help resolve possible disputes between the parties to the transaction.

Notarization of the agreement is not a prerequisite, however, in its absence, the recipient of payments is not protected in the event of the second parent evading charges and will not be able to use the agreement as an executive document.

General structure

Mandatory provisions that must be included in a child support agreement include the following:

• name of the document, date and place of its conclusion;
• personal data of the parties to the agreement;
• information about children for whom alimony is being collected;
• the procedure and frequency of transfer of alimony funds, the method of their calculation;
• the time from which payments begin;
• the period of accrual and circumstances for a possible extension of the alimony period;
• conditions for changes in the amount and method of payments;
• penalties and liability for non-payment or late payment;
• other provisions.

In addition, it is advisable to include in the text of the agreement the grounds for termination of the document, the place of transfer of payment and papers that will serve as confirmation of payment of alimony.

Duration of the alimony payment agreement

The validity period of such a document is established only by the parties to the alimony agreement.

The law does not provide for the period of existence of the agreement, and therefore gives complete freedom to the participants in their decision. In any case, the end date or method of extending payments must be indicated in the document, regardless of the reason.

However, if the validity period of the contract is not specified, then the obligation ends automatically:

• if the child turns 18 years old;
• death of the recipient or payer,
• acquisition of legal capacity as a result of marriage or employment.

How to implement

The procedure for concluding a voluntary agreement on child support is regulated by Chapter 16 of the Family Code of the Russian Federation. The deal can be drawn up by parents who, after a breakup, have come to a mutual agreement as to with whom their joint children will live and who will provide assistance for their maintenance or for spousal support.

The voluntary consent of both parents must be evidenced by signatures in the document.

However, in order to provide the agreement as an executive document to the bailiff service in the future, the document must be additionally certified by a notary.

Invalidation of the agreement

If, when drawing up and concluding an agreement on the payment of alimony, important requirements were not met, such as:

• written form of the document,
• availability of signatures of participants
• or the agreement is not notarized,

in such cases, the agreement may be considered unlawful.

Article 102 of the Family Code of the Russian Federation includes another significant condition in order to invalidate the agreement. This is when the rights and interests of minors or incompetent persons are violated.

In this situation, the judicial authority has the right to annul such an agreement between the parties.

However, examples of these very conditions are not prescribed by law, so such cases are considered privately. In practice, this may include: failure to comply with the deadlines and regularity of payments, and for children - setting an amount below the minimum limit.

Do I need to get it certified by a notary?

In accordance with Art. 100 of the RF IC, a voluntary agreement on the payment of alimony must be concluded between the parties in writing and certified by a notary, only in this case this document has legal force. If the document has not been certified by a notary, then it is considered void , as stated in paragraph 3 of Article 163 of the Civil Code of the Russian Federation.

A child under 14 years of age does not sign the document; a parent does this for him. After 14 years of age, a minor signs. But the contract contains a clause stating that the parent consents to the deal.

After the notary has certified the document, each party receives its own copy of the agreement. Notarization of a document allows you to challenge it in court and collect the debt from the payer. The transaction cannot be carried out by power of attorney; the parties must be present in person .

Service cost

The tariff for certifying such an agreement is set at 250 rubles on the basis of clause 9, clause 1 of Art. 333.24 Tax Code of the Russian Federation.

But this amount is not final, since it will be necessary to pay for additional services provided by the notary office. This may include consultation with a notary on issues and nuances related to the agreement, as well as the drafting and legal management of the transaction.

These additional services are paid in accordance with the established tariffs enshrined in Art. 22.1 Fundamentals of legislation on notaries.

The notary's fee is 0.5% of the amount collected under the agreement . (Clause 19 of Article 333.24 of the Tax Code).

Peculiarities

When drawing up a voluntary agreement on alimony, it is worth paying attention to some of the nuances of the transaction.

Indexation and debt

The text of the document may provide for changes in the amount of payments due to inflation.

In this case, the size of the payment is indexed as a percentage of the subsistence level of the subject of the state in which the parties to the transaction live. Adjustments are also possible due to changes in prices in the region or the payer’s salary.

The parties can resolve situations of late payments by specifying in the agreement the procedure for accrual and calculation of debt. Subsequently, the recipient of alimony will be able to turn to bailiffs or the court to collect overdue funds.

Termination

The alimony agreement is often long-term, but it can be terminated by the parties at any time.

This can be done by agreement of the parties, according to which the recipient of alimony waives his right, and the payer is no longer obliged to make contributions.

Termination must be recorded in writing and certified by a notary. When the employer pays alimony as a percentage of the payer's salary, it is necessary to submit a document on the cancellation of the agreement to the accounting department.

Most often, the agreement is canceled due to a significant change in the financial or marital status of the participants, who are:

• a sharp increase in the recipient's income;
• a significant drop in the payer’s income;
• the payer enters into a new marriage and the appearance of other children, which affects the ability to make contributions.

If it is not possible to terminate the transaction by agreement of the parties, then, based on the above reasons, the participant can file a lawsuit in order to reduce the amount of payments or cancel them altogether.

Additional tightening methods

If the payer does not comply with the provisions of the notarized agreement, then the recipient of alimony has the right to make demands for debt collection by contacting the bailiff service or filing an application in the manner of litigation.

When is a waiver allowed?

It is not possible to unilaterally refuse to fulfill the provisions of a properly executed agreement - the consent of the other party is required to cancel the transaction.

You can also achieve changes or cancellation of the agreement in court, having previously received from the other party a refusal to amend or terminate it.

Invalidation of a transaction

The concluded agreement on alimony is contestable and can be declared invalid in court.

The reasons for such recognition are the following circumstances:

• the prescribed amount of alimony is lower than could be established by the court;
• incorrect document execution;
• the consent of a representative of a minor party to the agreement aged 14 to 18 years has not been obtained;
• entering into an agreement under the influence of threats or violence (in this case, filing a claim is possible within a year after the threats cease).

A party to the agreement, prosecutorial authorities, guardianship authorities, or any third party whose interests were violated by the transaction can challenge the document.

Change and termination of alimony agreement

The agreement can only be changed if both parties agree on it. You can’t just start paying child support in a smaller amount or at a different time. You cannot come up with any additional conditions for the payment or receipt of alimony that are not provided for in the notarized agreement.

In addition, you cannot refuse to fulfill agreements, even if you just agree among yourself.

All changes to the agreement must be in writing and certified by a notary. It is from the moment of notarization that all changes come into legal force and their execution can be demanded, including by force. The agreement is also terminated through a notary.

If the parties were unable to reach an agreement on changing or terminating the agreement, when it significantly violates the rights of one of the parties, for example, the financial situation of the alimony payer has changed, his income has decreased significantly, the dispute can be resolved in court.

statements:

statement of claim to change the agreement on payment of alimony

statement of claim for termination of an agreement to pay alimony