Agreement on payment of alimony: sample 2020

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. A parent who leaves the family does not lose the obligation to conscientiously fulfill his parental duty.

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.

Consequences of signing a settlement agreement

After signing a settlement agreement, the parties do not have the right to file a lawsuit against each other on the same dispute and on the same grounds. Therefore, if you signed an agreement, you will not be able to go to court again and collect alimony. In the future, it is only possible to apply for changes in the terms of the settlement agreement if there are appropriate grounds, for example, with a significant change in financial situation, etc. In addition, the settlement agreement may not be so “settled”, since in the event of failure by the debtor to fulfill it conditions, the claimant has the right to apply to the bailiff service for enforcement.

Therefore, before signing a document, we recommend that you seek qualified legal assistance on this issue. An experienced alimony lawyer will analyze your specific situation from a legal point of view, offer alternative ways to resolve the dispute, and explain all the nuances of signing a settlement agreement.

If your opponent has already sent you a draft settlement agreement for approval, do not rush to sign it. An alimony specialist will help you adjust it in such a way that after signing it, no misunderstandings arise; the document protects not only the interests of the opposing party, but also your rights are protected.

In a flat amount

What indicators do the parties rely on when determining the amount? It can be:

Minimum wage;
average salary;
living wage for children in a particular region.

When assessing all these indicators, one should not forget about the main purpose of payments - providing for the child’s usual needs, so it is necessary to focus on this. We will also give advice: if payments are established in the form of a fixed amount of money, then the settlement agreement should include a clause regarding the rules of indexation depending on changes in the indicator of interest to the party.

If this point is not spelled out, then the indexation of payments will still occur, but based on the living wage figures.

Signing a settlement agreement on alimony after a court decision is made

To conclude an agreement at the stage of enforcement proceedings, you should contact the same court that made the decision on alimony with an application to sign the agreement. The application should, as in other procedural documents, indicate: the name of the court, information about the parties to the case (claimor and debtor) and, in fact, state the essence of the case (when and what decision was made; information about enforcement proceedings; what agreements and on what grounds the parties reached).

At the end of the application, a request to approve the settlement agreement must be indicated, and all attached documents must be listed:

copies of the court decision and writ of execution for alimony;
signed agreement in triplicate;
a certificate from the bailiff stating that the writ of execution is being executed.

Upon the submitted petition, the court will schedule a court hearing at which it will make a decision on approval of the agreement or refusal to approve it, justifying the reasons.

An application for approval of a settlement agreement, submitted after the court has made a decision to collect alimony, is considered by the court within one month.

If the parties do not appear at the court hearing and do not send a request to the court to consider the application in their absence, the judge will not consider the issue of approving the settlement agreement.

List of persons

The list of persons is the same as when drawing up an alimony agreement. This:

mother and father of a minor child, or his adoptive parents;
mother and father of an adult child, provided that the latter is disabled;
husband and wife;
ex-husband and wife.

Let us remind you that a wife has the right to demand alimony from her husband in the event of her pregnancy or caring for a joint child during maternity leave. Former spouses are also entitled to claim alimony in a number of cases prescribed in the Insurance Code. A detailed list of reasons is contained in his articles.

Court ruling on approval of a settlement agreement

In the court ruling, in addition to what will be indicated about the approval of the document, the judge will write:

Terms of the settlement agreement.
Distribution of legal costs.

The state fee when approving a settlement agreement on alimony during the hearing of the case in the court of first instance will be collected in the amount of 30% (45 rubles). If an agreement is concluded after a court decision, the state duty will not be refunded.

The ruling on approval of the settlement agreement is subject to immediate execution and can be appealed to the court of cassation within one month from the date of its issuance (Article 153.10 of the Code of Civil Procedure of the Russian Federation).

In addition, if the agreement is signed at the stage of enforcement proceedings, the court ruling will indicate that the execution of the decision from the moment the agreement is approved, despite the fact that the court decision on alimony itself does not lose legal force and is not cancelled.

Based on the received determination, the bailiff will terminate enforcement proceedings on alimony.

If the court refuses to approve the agreement, a ruling will also be made about this, which can be appealed to a higher court.

Execution of a settlement agreement on alimony

In terms of legal force, a settlement agreement is equivalent to a court decision and can be enforced.

If, after signing an alimony agreement in court or after some time, the debtor refuses to fulfill it, you should apply to the court to issue a writ of execution to enforce the previously signed agreements.

The writ of execution can be presented to the bailiff service or at the debtor’s place of work to deduct alimony directly from the accounting department’s salary.

Concept and purpose of the document

The agreement is concluded between parents in a pre-trial manner by mutual agreement; it is considered a type of civil law document, as it regulates issues of financial support for children.

It is drawn up in writing and acquires legal force after it is notarized.

The conclusion of such an agreement is possible when there are no mutual claims between the former spouses and civilized relations have been preserved. The agreement contains all the conditions for payment of alimony: frequency, transfer method, amount. Typically, the agreement is concluded for the period until the child reaches the age of majority. In practice, the contract ends much earlier. The reasons are, most often, the occurrence of debt on the part of the payer due to changes in his financial situation. The text of the agreement can be changed and supplemented periodically, but only with mutual agreement. Changes made to the agreement are certified by a notary.

Contents of the alimony agreement

In the upper right corner you should indicate exactly the same as in the statement of claim:

name and address of the court;
information about the parties to the case (plaintiff, defendant and their representatives).

You can start the agreement like this:

“We, gr. Russian Federation...,...year of birth, place of birth..., passport..., issued..., subdivision code..., registered at the address:..., hereinafter referred to as “Plaintiff”, on the one hand, and gr. Russian Federation ..., ... year of birth, place of birth ..., passport ..., issued by ..., subdivision code ..., registered at the address: ..., hereinafter referred to as the “Defendant” on the other hand, being parties to civil case No. ..., have entered into this Settlement Agreement as follows : ..."

The following should list all the essential conditions for the payment of alimony:

The payment period, for example, from the date the claim is filed until the child reaches adulthood.
Amount of monthly payments. A fixed amount may be indicated, or a proportional ratio to the debtor’s earnings can be prescribed.
Terms and procedure for payment of alimony.
Responsibility. The agreement may include clauses regarding penalties for late payment of alimony.
It would not be superfluous to indicate that the parties to the agreement undertake to properly fulfill their obligations, as well as to promptly notify each other of changes in their place of residence, bank account details and any other circumstances that are essential for the timely fulfillment of obligations under the agreement.
Bank details for transferring funds can be immediately entered.
When concluding a settlement agreement, the parties must provide for the procedure for distributing legal costs, including the costs of paying for the services of representatives. For example, in an agreement this could be written as follows: “Court costs, attorney fees and any other expenses of the parties related directly and/or indirectly to the case of the said claim are not reimbursed by the parties to each other and lie exclusively with the party that carried them."
It also indicates how many copies the agreement is drawn up.
At the end, the parties’ request to approve the agreement and terminate the proceedings should be stated, as well as the fact that the consequences of termination of the proceedings in connection with the conclusion of a settlement agreement are explained and understandable to the parties.

“In connection with the signing of this settlement agreement, the Parties ask the court to approve this settlement agreement and the proceedings in case No. .. on the claim ... to ... for the recovery of alimony, which is in progress ... - to terminate.

Consequences of the conclusion and approval by the court of this settlement agreement, provided for in Art. Art. 39, 173, 220, 221 of the Code of Civil Procedure of the Russian Federation, in particular, the fact that repeated appeal to the court in a dispute between the parties, about the same subject and on the same grounds, is not allowed, is explained and understandable to the parties.

This settlement agreement has been drawn up in three copies, one for each of the parties, one copy for inclusion in the materials of civil case No. ....”

At the end there must be the signatures of the parties with a transcript, the date and place of the agreement.

We recommend taking with you to court not only paper copies of the agreement, but also the text of the document on electronic media. If changes to the agreement need to be made, it will not be necessary to postpone the hearing again, and this will also make it easier for the judge to prepare an order approving the agreement.

Sample settlement agreement on payment of alimony

Sample alimony settlement agreement
Please note! On October 1, 2020, amendments to the Code of Civil Procedure of the Russian Federation came into force. Claims for alimony should now be filed in district courts. Applications for a child support order must still be made to magistrates.

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Important points

When drawing up a contract sheet, everything seems to be clear, but some still ask questions about how to change the written points if there is a court decision, and how to determine the amount of alimony payments.

There are several options:

The amount of contributions is set as a multiple of the established minimum subsistence level in a given region. That is, the defendant will have to pay money in a fixed amount.
Payments are made as a share of the official income of the alimony provider.
Payment of a lump sum or donation of property, which is equal to the amount of alimony payments for the entire period.
Providing services with estimated costs and deadlines.

Attention! According to Article 103 of the RF IC, the minimum amount of alimony payments cannot be less than specified in Article 81 of the RF IC (for 1 child – 25% of income, for 2 children – 33%, for 3 or more children – 50%).

You can combine the form of payment. For example, the total amount of alimony is 1.5 million rubles, the alimony provider decided to give the child a dacha or an apartment worth 800 thousand rubles. towards payment of funds. This amount is deducted from the total debt, and the rest is spread over the months. It turns out that the father will have to pay the remaining debt of 6 thousand rubles. monthly.

The terms of the contract sheet can only be changed with the consent of both parties. If no one objects, then the necessary adjustments are made, and the agreement is re-sent to the notary.

If the mother aims to increase the amount of payments or the father wants to reduce it , and the other party does not agree, then the case is sent to court. The contract sheet can be changed under the following circumstances:

deterioration of financial situation for a serious reason (illness, appearance of new dependents, etc.);
increase in the child’s needs in connection with the beginning of attendance at educational and health institutions;
an increase in the salary of the alimony worker;
inflationary growth.

If the child’s living conditions do not worsen, the judge may decide to reduce the amount of child support payments.

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Refusal of a claim for alimony collection

The parties can reach an agreement without trial, but in this case the claimant must be fully aware of all his risks. If the plaintiff decides to abandon his claims for alimony in court, the judge will issue an appropriate ruling. But you should be fully aware of the unreliability of oral agreements. Even if the situation has changed radically and at first glance it seemed that it was possible to completely resolve all issues peacefully, record the agreements properly. By law, out-of-court alimony agreements are subject to mandatory notarization. If obligations to pay alimony are not properly recorded, they have no legal force.

Therefore, before abandoning your claim for alimony, consult with a lawyer, think not about the specific current situation, but about the future. After all, the ex-husband can easily have new children and a new family, the maintenance of which will require funds, and the payer’s attitude to the situation can radically change under the pressure of certain factors. By not properly documenting the agreement on the payment of child support, you allow the possibility of leaving your child without the funds due to him by law.

Court ruling dismissing claims for alimony

Who has the right to enter into an agreement on alimony payments?

An application form for the collection of finances to support a citizen is drawn up and signed by 2 parties: the mother and father. But the persons in respect of whom such payments are determined may be:

Minor children. Since at this age children cannot independently manage money, their interests are transferred to their legal representatives.
Disabled legal representatives who need financial assistance from their adult children.
Wives due to temporary unemployment to care for a child.
Minor sisters and brothers or adults, but unable to provide for themselves. If legal representatives for some reason cannot help their children, then financial obligations are assigned to adult brothers and sisters.

Both parties must meet in advance, discuss all controversial issues and come to the right decision. If necessary, an official representative can sign the completed form for the recipient.

Important! According to Article 57 of the RF IC, if the person in respect of whom the issue of financial support is being opened is over 10 years old, he must be present at the trial.