How to correctly draw up a power of attorney to receive alimony: sample and correct completion of the document

The child receives alimony allowance, the amount and frequency of payments set by the court, for many years. Most often, the money arrives to the recipient once a month.

How the money will be transferred by the parties is discussed in advance. The following methods can be used to transfer alimony benefits:

1. In a personal meeting, as they say, from hand to hand.
2. By postal transfer.
3. Conducting transactions to the recipient’s personal account at the bank that issued the plastic card.
4. Through the cash desk of the enterprise where the alimony payer works.

All of the options listed, except for the one in the first paragraph, tie the recipient to a specific place, preventing his free movement around the country and the world. After all, in order to receive money at the appointed time, he has to appear at the place where it was issued. A power of attorney to receive alimony, a sample of which is presented in our article, allows you to solve this problem.

Correct execution of a power of attorney

To correctly execute a power of attorney temporarily granting rights to receive alimony payments, the following steps must be completed:

• Choose a trusted person.
• Use the sample attached to this article to draw up a power of attorney.
• Prepare all the necessary documents (in this case, these are just two passports).
• Pay for notary services. The amount of the state fee is significantly influenced by the period during which the power of attorney will be valid.
• Have the document certified by a notary office.

Only a power of attorney recorded on paper and certified by a notary will become a legal document confirming the existence of trust rights.

Who can act as a trustee?

Having dealt with the issue of the need to issue a power of attorney to receive sent money, you can move on to the next thing - who the law allows you to choose as a trustee.

The legislation of the Russian Federation does not limit choice in this matter, giving the principal the right to independently decide whom he can and wants to trust. It can be:

• Close or distant relatives.
• Neighbors with whom we maintain good relations.
• Friends or girlfriends.
• Colleagues.

Most often, trustees are those people whom the principal trusts unconditionally. And this is understandable, because not every person can withstand the test of other people’s money. Especially if we are talking about a fairly significant amount. In the end, it doesn't matter who you choose. The main thing is that the power of attorney issued to this person is drawn up correctly and does not create problems for him when receiving money.

Power of attorney by mail for transfer of alimony

It's worth using:

1. If there is no bank nearby or it is difficult to open a card.
2. It is not possible to receive money at the payer’s workplace.

Many choose alimony by postal order due to habit and conservative views. Russian Post always works without complaints from bailiffs. Each transaction is confirmed by a receipt. It's easy to send and receive money. There are, of course, a few disadvantages. Among them:

1. Big queue;
2. High commission fees.

Important! Postage is charged depending on the amount of the transfer. Therefore, it is profitable to send small amounts via mail

on how to collect child support.

When writing it, you must display the following information:

• the name of the document is a power of attorney to receive alimony;
• place and date of compilation;
• details of the principal - last name, first name and patronymic; full passport details; place of residence;
• information about the authorized person - full name; number, series and who issued the passport; registration address;
• number and address of the post office where you need to receive benefits;
• on the basis of what (agreement or court decision) alimony is paid in this way;
• information about the minor child (children) for maintenance to whom the benefit is transferred;
• validity period of the power of attorney;
• date of signing;
• handwritten signature of the principal.

It is possible to certify a power of attorney to receive alimony benefits from any notary, regardless of its territorial location.

Power of attorney for payment of alimony

Attention

It is advantageous to transfer small amounts of money by mail. In order to avoid conflict situations, it is best to keep all receipts that confirm the timely payment of benefits.

This document reflects the date and amount of transferred funds.

Power of attorney to receive alimony by mail There are cases when the ex-spouse cannot independently receive alimony for a minor child, which the payer transfers by postal transfer.

Important

As a rule, this is due to relocation or workload. This problem can be solved quite simply by writing a power of attorney for a person who can receive a postal order for the recipient. As a rule, such a document is written for close relatives (parents) or close friends.

Alimony by postal order - what you need to know!

The agreement must be signed by a notary so that the payment occurs legally

Important! Alimony is paid in the amount determined by the court. It shouldn't be smaller

What you need to know about accounting entries Article 109 of the Family Code states that at the place of work of the alimony payer, funds are withheld from wages. They are transferred within three days from the date of salary transfer. According to Part 2 of Art.

USEFUL INFORMATION: Child support for 3 children

104 of the Family Code of the Russian Federation, payment of funds occurs:

• a share of earnings or other income;
• in a certain amount of money with periodic payment;
• lump sum payment;
• provision of property;
• in other ways specified in the agreement.

If there is a writ of execution, the benefit is deducted from the debit of the accounts.

How to compose?

If the ex-husband is awarded child support, but the woman herself is unable to receive it, what can be done in this situation?

1. Choose a person who can be trusted to receive money.
2. Fill out the received paper if you prepare it yourself.
3. Prepare documents. For this action, the passports of the principal and the attorney are sufficient.
4. Pay the fee and notary services
5. Visit the notary's office together with the citizen elected as a trustee.
6. If you decide to entrust the drafting to a notary, then you go to him, and he will draw up the paper you need.

When a notary prepares a trust document, you do not need to do anything yourself. He will compose it himself and at the same time give explanations on its use.

Power of attorney for representation in court regarding alimony

Important

The presence of a document does not terminate the rights of the citizen who issued it. In addition, the power of attorney does not confirm the fact of the conclusion of the contract.

The only requirement of the current legislation for the document is the mandatory completion of the paper in writing. In some cases, a power of attorney may be required to be notarized

Important Certification is carried out if a person transfers to another person the right to dispose of real estate or asks to conclude a mortgage agreement. The list can be significantly expanded

A document acquires legal force not only after notarization.

Who can it be registered for?

The document can be issued to absolutely any citizen whom the claimant trusts to receive money for it.

The main thing is that this person should be:

• adult;
• capable.

The law does not establish any other requirements for an attorney.

Most often, a power of attorney is issued to:

• immediate family (mother, father);
• close family friends;
• spouse;
• a professional lawyer who represents the interests of the claimant on a paid basis.

It is possible to draw up a document for several people at once in case one of them, for some reason, is unable to perform the actions for which the document authorizes him.

Perhaps you will

Sample power of attorney for representation in court

A power of attorney can be drawn up by:

• participants in the trial in person;
• attorneys by transfer of powers.

IMPORTANT: The procedure for sub-power of attorney is allowed only if information about its admissibility is included in the primary power of attorney. Trustees can only be adults

If the victim or accused is under 18 years of age, their legal representatives are the principals:

• parent or adoptive parents;
• trustees or guardians.

On behalf of minors brought up in social institutions, the heads of the institutions act. It should be noted that the procedure for drawing up a document on behalf of a legal entity differs significantly from an individual.

What it is?

Relations related to the instruction of one citizen to another to perform various actions on his behalf are regulated by the norms of Chapter 10 of the Civil Code of the Russian Federation.

Expert opinion

Vorobiev Viktor Vasilievich

Practitioner lawyer with 6 years of experience. Specializes in the field of civil law. Extensive experience in protecting legal interests.

Thus, the provisions of Article 185 of the Civil Code state that one person has the right to perform certain actions on behalf of another person, representing his interests before third parties, on the basis of a special document called a power of attorney.

A citizen who trusts to act on his own behalf is called a principal, and the person for whom the power of attorney is drawn up is called an attorney.

The main thing is to indicate the scope of the attorney’s powers in his text.

Power of attorney to represent an individual in court

They put an authenticating signature and seal, and make an authentication entry. The document certified by the employer or other authorized person is registered in accordance with established standards and issued against signature.

The transfer of powers is certified in the same way. Cost of registration When notarized, a state fee and a fee for preparing the document are charged if it is drawn up by a notary.

The state fee in this case is 200 rubles, and the preparation of the document costs from 500 rubles to 2 thousand. If the document is prepared by a law firm, the cost is identical to charging a notary public for technical services.

After the document has been prepared by a specialist, it will need to be certified by a notary.

Certification procedure

Preparing a document cannot be called difficult, and it is quite within the power of every person. It is enough to take the version of the form we offer and fill it out correctly, without violating the requirements of the law. Then the bank takes it to a notary office and gets it certified.

You can use the services of both a private and public notary in any part of the city, that is, there is no connection to the place of residence of the principal. The main thing is to make sure that the notary is accredited and is included in the state register.

Important to know Must read

A notarized power of attorney to conduct affairs (represent interests) of an individual or legal entity is an important document regulated by Chapter 10 of the Civil Code of the Russian Federation, Chapter 5 of the Civil Procedure Code of the Russian Federation and Chapter 6 of the Arbitration Procedure Code of the Russian Federation. Article 185 of the Civil Code of the Russian Federation defines a power of attorney as a written authority issued by one person to another person for representation before third parties.

How to save on certification of a power of attorney by a notary

How to save or get back money spent on certification of a power of attorney in courts of general jurisdiction

regulated by the Code of Civil Procedure of the Russian Federation (administrative case/civil case/insurance case/inheritance case, etc.):

• Clause 2 of Article 53 of the Code of Civil Procedure gives citizens the right to certify a power of attorney to conduct business in court not only with a notary, but also with some organizations, a closed list of which is listed in the above article;
• Part 6 of Article 53 of the Code of Civil Procedure of the Russian Federation allows you to declare a representative orally or in writing directly in court;
• in the claim or in a separate application, indicate the costs of notary services so that the losing party will reimburse these costs (minus: the original power of attorney will have to be given to the court, so that in the future it will not be possible to recover costs under the same power of attorney a second time).

USEFUL INFORMATION: Raising children. Useful tips for parents about raising children

How to save or get back money spent on certification of a power of attorney in arbitration cases

regulated by the agrarian and industrial complex of the Russian Federation:

• Part 4 of Article 61 of the Arbitration Procedure Code of the Russian Federation allows you to declare a representative directly in court;
• in the claim or in a separate application, indicate the costs of notary services so that the losing party will reimburse these costs (minus: the original power of attorney will have to be given to the court so that in the future it will not be possible to recover costs under the same power of attorney a second time).

We hope that this standard sample (example) of a form (form) of a notarized power of attorney for an individual (lawyer in court) to represent the interests (conduct of affairs) of an individual in all judicial institutions of all instances (in an arbitration court, a court of general jurisdiction, etc.) , in administrative, criminal, investigative, state and other law enforcement agencies and executive authorities at all levels, will help you quickly and competently draw up a power of attorney for the lawyer representing your interests in 2019. After all, issuing a judicial notarized power of attorney to an experienced and qualified lawyer increases the chances of winning civil cases/in administrative proceedings/legal proceedings and other court cases.

The child receives alimony allowance, the amount and frequency of payments set by the court, for many years. Most often, the money arrives to the recipient once a month.

1. In a personal meeting, as they say, from hand to hand.
2. By postal transfer.
3. Conducting transactions to the recipient’s personal account at the bank that issued the plastic card.
4. Through the cash desk of the enterprise where the alimony payer works.

All of the options listed, except for the one in the first paragraph, tie the recipient to a specific place, preventing his free movement around the country and the world. After all, in order to receive money at the appointed time, he has to appear at the place where it was issued

. A power of attorney to receive alimony, a sample of which is presented in our article, allows you to solve this problem.

Features of accruals

According to current legislation, alimony payments are assigned:

• elderly parents;
• children under the age of majority;
• a spouse who has become disabled, whether he is married or not does not matter.

Payments begin from the moment the relevant agreement or court decision is concluded. In both cases, the document indicates the person to whom the payments are due. The next step is to establish the timing and methods of receiving payments. So, funds can:

• sent by mail;
• be personally handed over;
• transferred to the recipient's personal account.

Is such a power of attorney valid?

If you yourself do not know how to draw up such a power of attorney, then you can do it right in the notary’s office - they will show you and explain how and what to do. But there is no need to write a power of attorney in free form, because after all, this is an official document, and there are special rules and requirements for its preparation. They must be followed. Please note that the power of attorney must be executed in writing, but not verbally. You can write it by hand or type it on a computer. The power of attorney must reflect the following data: • Powers of the representative • Institutions in which the authorized person can represent the interests of the principal • Actions that his authorized representative can perform on behalf of the principal • Details of the principal • Details of the authorized person • Date of drawing up the power of attorney A power of attorney is a personal document , that is, it is issued in the name of a specific person.

USEFUL INFORMATION: Do I need to pay for refusal of inheritance?

When will you need a document?

Cases when issuing a power of attorney is simply necessary:

1. The citizen left for an indefinite period of time.
2. He is in the hospital.
3. He received an injury that left him unable to move independently.
4. He is disabled (most often group 1).
5. Due to his advanced age, he cannot move independently.

The list includes only frequently occurring reasons; in reality there are many more. But, whatever the incentive, the essence is the same: a citizen cannot perform this or that action himself, therefore he is forced to seek help, giving his attorney the appropriate powers.

Even having a card account at a bank does not exempt you from drawing up a power of attorney, since withdrawing funds using someone else’s card can be misinterpreted.

Power of attorney to represent interests in court: separate powers

According to the rules of Art. 54 of the Civil Procedure Code of the Russian Federation, the representative performs any procedural actions. But the power of attorney to represent interests in court must specifically indicate the following conditions:

• right to sign a statement of claim
• right to sue
• right to refer a dispute to arbitration
• right to counterclaim
• the right to abandon the claim, admit the claim, increase or decrease the amount of claims, change the subject or basis of the claim
• right to enter into a settlement agreement
• right to appeal judicial decisions
• right to entrust the conduct of business
• the right to present a writ of execution for recovery, to receive awarded property or money.

When such powers are not specifically specified, the representative does not have the right to exercise them; they belong exclusively to the party to the case.

In administrative cases, similar powers regarding an administrative claim are separately stipulated. The powers to conduct bankruptcy cases of an individual or legal entity are specified separately.

Where is the document issued?

A power of attorney for alimony is issued in the case when the recipient of the payments cannot, for one reason or another, receive the funds in person. By the way, such situations are not uncommon, for example, if a person:

• traveled to another region or went abroad for permanent residence;
• is undergoing long-term treatment;
• lost the ability to move freely;
• has a disability;
• and others.

The above list is not complete. There are many situations in which a power of attorney may be required, and the essence of the document is the inability of the recipient to personally receive payments.

Sometimes even having a personal bank account and card requires a temporary transfer of rights to receive payments. So, for example, if a person is not the owner of the card, he will not even be able to contact the bank with it to carry out simple transactions.

If the power of attorney is drawn up by a notary, he will fill out all the fields himself and at the same time give explanations regarding the content and legal consequences. In general, the document must contain information about the principal and the person who will act as his representative (that is, who will receive alimony at the post office or at the bank instead of the recipient himself). A sample can be found below.

It is necessary to indicate not only the essence of the order - to receive alimony maintenance, but also the legal fact on the basis of which it is collected (a voluntary agreement or a court decision). It is enough to issue only one copy of the document - the recipient’s representative will present it to the authorized bodies, fulfilling the assignment assigned to him.

A power of attorney to receive alimony is issued in the case when the recipient cannot independently accept payments for child support. This situation may arise:

• when leaving for a long or indefinite period of time;
• the recipient is in a hospital undergoing treatment or is a disabled person of the first group;
• injury or other circumstances limiting independent movement;
• old age and other health problems.

The legislation does not limit the circle of people for whom a power of attorney to receive alimony is issued. These include relatives, friends, colleagues, neighbors. The key aspect is trust - it is understood that the representative receives funds for the child instead of the principal and transfers them to him.

Drawing up a power of attorney to receive alimony in this situation involves a certain risk associated with the integrity of the representative. If there is a sufficient level of trust, the document is drawn up by a notary according to a simple procedure.

Power of attorney to represent interests in court

Sample power of attorney to represent the interests of an individual or organization in court. But the power of attorney to represent interests in court must specifically indicate the following conditions:

• right to sign a statement of claim
• right to sue
• right to refer a dispute to arbitration
• right to counterclaim
• the right to abandon the claim, admit the claim, increase or decrease the amount of claims, change the subject or basis of the claim
• right to enter into a settlement agreement
• right to appeal judicial decisions
• right to entrust the conduct of business
• the right to present a writ of execution for recovery, to receive awarded property or money.

Civil cases allow the participation of attorneys in place of the plaintiff and defendant. This right is supported by Article 182 of the Civil Code of the Russian Federation. The powers of a lawyer participating in a case as a representative are confirmed by a warrant.

The powers of other persons can be confirmed by a power of attorney, either notarized or executed in simple written form. The authority of the representative can also be confirmed verbally.

Receipt for receipt of alimony

• Full name and passport details of the person transferring funds.
• Full name and passport details of the person accepting funds.
• The amount of funds paid. It must be written in both numbers and words.
• The purpose of paying money, for example, “to pay alimony.”
• The time period for which payments are made.
• Full name and date of birth of the child for whom child support is paid.
• Date of receipt.
• Signature of both parties.

Power of attorney to represent the interests of an individual

Attention

Russian Federation, constituent entities of the Russian Federation, municipalities Article 12. Administration of justice on the basis of adversarialism and equality of parties 1

Justice in civil cases is carried out on the basis of competition and equality of the parties. 2. The court, while maintaining independence, objectivity and impartiality, manages the process, explains to the persons participating in the case their rights and obligations, warns about the consequences of performing or not performing procedural actions, provides assistance to the persons participating in the case in the exercise of their rights, creates conditions for a comprehensive and complete examination of evidence, establishment of factual circumstances and correct application of the law when considering and resolving civil cases.

Procedure for obtaining a power of attorney

Where to apply?

The provisions of Part 1 of Article 185.1 of the Civil Code establish in which cases it is necessary to issue a power of attorney with the help of a notary.

• filing applications for registration of rights and transactions;
• disposal of rights that are registered with authorized state bodies.

Receiving alimony is not included here.

This will not only eliminate unnecessary questions that may arise from government agencies (for example, the FSSP), but will also relieve the debtor of doubts that he is transferring alimony to a person not authorized to accept it.

Receipt for receipt of alimony

• the receipt form is filled out by the recipient of the money;
• the document must have a title (“Receipt”), located at the top of the sheet in the center;
• the text indicates the date of the document and the place where the receipt was drawn up;
• the target direction of funds (alimony) must be specified and the period for which they are accrued must be indicated;
• the amount of funds transferred is first reflected in numbers, and then the amount is written down in words;
• the text part contains information about the child (name/birthday/surname) to whom the funds are intended;
• The passport information of the father and mother must be indicated in great detail;
• in the case of the presence of a witness/witnesses during the transaction, the receipt fully reflects the information proving his/their identity;
• in the final part of the text there are signs with a transcript of all participants in the cash transfer process;
• Errors, corrections, and inconsistencies are not permitted, and the text part must be easy to read.

Drawing up a receipt for alimony: sample and procedure for filling out

I, Irina Nikolaevna Polygalova (passport series 0196 number 592850, issued by the Department of the Federal Migration Service of Russia for the city of Moscow, residing at 495832, Russia, Moscow, Petropavlovskaya St., 18, apt. 91), received from Anton Viktorovich Sergeev ( passport series 0199 number 582644, issued by the Department of the Federal Migration Service of Russia for the city of Moscow, residing at 495811, Russia, Moscow, Sovetskaya St., 49, apt. 38) on account of child support for Denis Polygalov, born in 2007, 18700 (eighteen thousand seven hundred) rubles 00 kopecks for May 2014. I have no complaints regarding the amount.

Interesting read: The bailiff is on the side of the debtor, how to achieve alimony

How to send alimony by postal order

There are several ways to fulfill alimony obligations, but not all of them are universal.

Personal transfer allows you to save on bank services, but hostile relations between former spouses will become an obstacle. An additional inconvenience is the preparation of receipts.

Transferring alimony payments to a bank account is also not always suitable. Branches of a financial organization are not present in all localities.

Many payers send alimony payments by postal order to avoid these inconveniences.

Advantages and disadvantages of translation

Postal transfer has a number of advantages.

• There are liaison offices throughout the Russian Federation. Their number significantly exceeds the number of Sberbank branches. You can get funds even if you live in a small village.
• The recipient will not have to issue a bank card and pay the cost of servicing it.
• The transfer of money is carried out indirectly. If there is a conflictual relationship between parents, this method allows you to avoid unpleasant meetings.
• The recipient of the funds will not have to visit the company where the debtor works to transfer cash.
• The post office issues a document confirming receipt of the amount sent.

There are also disadvantages to this method of calculation.

• Russian Post takes a larger commission for payments than banks.
• The sender and the recipient will be forced to wait their turn, since customers are served for a long time.
• The terms for making payments via mail are longer compared to bank transfers.
• When sending money, it takes a long time to fill out the necessary information.

It is necessary to choose this method of transferring funds taking into account the listed advantages and disadvantages.

Types of transfers and terms for their implementation

The payer can send different types of transfers.

1. Addressed or unaddressed . In the first option, the money is sent to a specific post office. The other parent will only be able to pick them up there. Addressless transfer allows you to receive funds by visiting any post office in the city.
2. Urgent and ordinary . Money sent using the expedited service arrives within a few hours. With a regular transfer, the recipient will be able to withdraw the money after a longer time.
3. With or without home delivery . For a certain surcharge, postal employees can deliver money to the recipient’s place of residence. In the usual manner, funds are issued by specialists from the liaison office.

Another difference concerns the timing of money delivery.

• Western Union services offered by post offices. It allows you to receive payment in 5 minutes . The downside will be the higher cost of translation.
• Sending through QIWI terminals to post offices. The money will arrive the next business day .
• Sending using bank card . The other parent will be able to receive the funds the next business day .
• Using the CyberMoney service for foreign transfers. The period for receiving funds is from 2 to 8 working days .
• Special translation of "Fast and Furious" . The recipient will be able to pick up the funds after an hour. If a debt amounting to more than 100 thousand rubles is transferred, then the execution period will be up to 2 days .
• Standard postal transfer is delivered within 8 days after registration.

Transfer from individuals

Before transferring funds, you must check that the form is filled out correctly. The document must contain complete information.

1. In the field with the transferred amount, the amount of money sent is indicated in numbers and in words.
2. The recipient's column must contain the full name of the other parent.
3. In the field with the recipient's address, you must indicate the postcode, full name of the region, locality, street, house and apartment.
4. The column about the sender is filled out with his full name.
5. In the address information field, complete information about the payer’s place of residence is entered.
6. It is necessary to fill out the “message” column. The purpose of the payment is indicated, for example, “child support for June 2020.” The absence of this information may become the basis for the formation of debt.
7. In the field about the presented document, the passport details of the debtor are entered.
8. In the citizenship column, nationality is indicated.
9. Next is the signature.

To quickly complete the document, you can use the sample for filling out a mail order of alimony located above.

Transfer from organization

An agreement on alimony, a writ of execution or a court order can be presented to the accounting department of the enterprise where the debtor works. From each salary and bonus, he will be required to withhold funds for the maintenance of the child.

Before sending collected alimony payments by postal order from an organization, you must check all the data in the form.

• The employer is required to provide information about the number of days the debtor worked during the month, the amount of earnings received and personal income tax withheld from it, and the amount transferred for the maintenance of the minor.
• A link to the document providing the basis for the recovery is required. It is a notarial agreement, a writ of execution or a court order. You must indicate the number and date of its registration.
• The purpose of the payment is to pay off the accumulated debt for a particular period (you must indicate its balance), as well as the fulfillment of current obligations for the month.

The company must issue a power of attorney for the employee who sends the money.

Payment of expenses

If child support is transferred by mail, then you have to pay a commission. It is measured in hundreds, and sometimes thousands, of rubles (examples can be studied on its website).

All fees are paid by the debtor when sending money. He does not have the right to deposit them by reducing the transfer amount.

Otherwise, the obligations to support minors will not be fully fulfilled and the debt will begin to accumulate (the writ of execution refers to a certain amount of alimony going to the other parent).

If the commission is too high and does not suit the payer, then parents can agree on another method of sending funds.

Possible problems

Difficulties when transferring funds by mail may be of a technological nature. Such cases include:

• failures of the money sending system;
• the debtor does not have a passport when trying to transfer funds or the other parent does not have a passport when visiting to receive them.

There are also legal problems.

• The money may not arrive because the debtor or his employer did not send it. In this situation, you will have to contact bailiffs and ensure that these persons fulfill their obligations.
• The parent sending the funds does not identify them in any way. In such a situation, the recipient has the right to apply for alimony and collect the money again if the available transfers are not enough.

Using mail to transfer funds for the maintenance of minors makes sense if the recipient or sender lives in the outback. Under other circumstances, it is easier to use more comfortable and faster payment methods.

How to send alimony by postal order Link to main publication

Source: https://YaiZakon.ru/alimenty/otpravit-pochtovym-perevodom