Agreement on payment of alimony: Pros
Possibility to resolve the case without trial
There is no need to prepare documents, a statement of claim, take it all to court, and then appear at the court hearing. There is no need to wait until the court decision comes into force. The option of voluntary registration will significantly save both parties time and money.
Simplicity of design
There is no need to order the production of a document from lawyers or solicitors. All that is required of parents is to make an appointment with a notary. As a rule, the notary himself will prepare the document, print it and certify it, as required by law. This whole procedure will take a little time. This benefits both parties.
There is no need to communicate with bailiffs
Of course, in the event that the parties to the agreement, or more precisely, the payer, voluntarily fulfills their monetary obligations. Bailiffs get involved only when child support payments stop. This is beneficial to the recipient of alimony, for whom a simplified procedure for collecting money by force has been established.
Maintaining confidentiality
The debtor can keep secret the existence of his alimony obligations. If the case is considered by the court, then a writ of execution is sent to the debtor. It is known that many employers do not like it when their employees have any problems with the courts and bailiffs. In a situation with an alimony agreement, the employer is not aware of its existence, and the accountant does not need to comply with the requirements of the bailiffs regarding deductions from wages.
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Agreement on payment of alimony: Cons
Availability of expenses for notary services
Drawing up a notarial alimony agreement involves spending money and has a certain price. The notary does not provide any free services, therefore, you will have to pay for such work. Costs will increase significantly if the draft agreement is prepared by the notary himself.
Lack of sanctions under Art. 115 RF IC
This article provides for the accrual of a penalty for late payments. But this concerns only the obligations established by the court. The absence of such sanctions will be a plus for the alimony payer. However, the penalty can be established by agreement if the payer and the recipient agree on it.
Next, we will consider the procedure for drawing up a written agreement, as well as those cases when one of the parties, namely the debtor, suddenly ceases to fulfill its financial obligations to support its own child.
What documents are needed for cancellation?
The service is provided on the day of application. Participants must submit:
- ID cards;
- alimony agreement;
- birth/adoption certificates of children, including those born after the conclusion of the contract;
- certificates of relationship when paying funds to other dependents.
You can clarify the list of documents by phone. Written requests are accepted by email.
Drawing up a draft agreement
It is important to keep the following in mind. Often, notaries only certify agreements they have prepared, and certification of a document that you brought with you may be refused.
It is hardly possible to talk about the legality of such a refusal, but the fact remains. Therefore, before contacting a specific notary, find out whether he will certify a ready-made agreement on the payment of alimony.
If the agreement is drawn up for you by a notary, then in addition to paying the state fee, you will have to pay the notary for technical work (drawing up the agreement). The most important issue that should be discussed by the child’s parents is the amount of alimony by agreement of the parties.
Basic terms of the agreement
Like any contract, an agreement consists of a number of conditions. Before visiting a notary, the child’s parents must necessarily agree on these conditions among themselves so that they do not have to argue in the presence of a specialist. Mandatory conditions are:
- monthly amount of alimony payments,
- date of funds transfer
- payment method. Money can be deposited in cash or in non-cash form. All this is stated in the agreement.
- regular indexing. This increase in amount is commensurate with the inflation rate in the country. But even if such a condition is absent, then if enforcement proceedings are initiated, the bailiff will do the indexation.
Monthly payment amount
A notarial agreement on the payment of alimony requires a mandatory indication of its amount. The amount can be any. However, it should not be less than that established by law. This rule is contained in Article 103 of the Family Code of the Russian Federation. As you know, for one child you need to pay at least ¼, for two – at least 1/3, for three children – at least ½ of the alimony payer’s earnings.
By agreement of the parties, alimony can be established either as a share of earnings or as a fixed amount. The last option is used if there is no way to determine the amount from the income received. For example, if the payer does not have a stable salary.
When drawing up an agreement to pay alimony, a notary may require a certificate of income of the alimony payer. It is needed to ensure that the notary is convinced that the agreed amount is not less than what the law provides.
Duration of the agreement
A notarial agreement on the payment of alimony is concluded, as a rule, for the period until the child reaches 18 years of age. It is up to this age that the parent is obliged to pay child support. Termination of payment is possible only if the conditions stipulated by law have occurred. All of them are listed in Article 120 of the RF IC:
However, there are no obstacles to concluding an agreement on child support payments for another, shorter period. If it expires, parents will be able to draw up another agreement or make appropriate changes to the current agreement.
Child support for parental support
The right to collect financial resources from able-bodied children is regulated by Article 87 of the Family Code. Child support for parental support is a monthly payment.
The amount can be agreed upon as a result of negotiations between the parties or determined by the court. The obligation to provide financial assistance to an elderly parent does not depend on whether the person has a permanent income and its size, the number of minor children and other dependents, marital status and other factors.
Execution order
The alimony payer does not have the right to simply refuse to pay. If this happens, then a bailiff should be involved in the case. A notarial agreement on the payment of alimony has the force of a writ of execution.
If alimony is no longer paid by agreement of the parties, then the recipient of the alimony has the right to submit a writ of execution to the bailiff service for forced collection. In this case, there is no need to go to court.
You should go to the bailiff service unit of the area where the debtor lives. It is enough to write an application to initiate enforcement proceedings. The bailiff is obliged to do this within 3 days. This is what the law requires.
The debtor will be sent a corresponding resolution. The bailiff will also contact the place of work of the alimony payer with a request to withhold money from his earnings.
Important! The law allows the claimant to directly file a claim where the debtor works, bypassing the bailiff service.
If by that time the debt has accumulated, the bailiff may apply other measures. Seizure of property, a ban on traveling abroad, as well as restrictions on driving vehicles are possible. The bailiff has the right to do this on his own initiative. But the law does not prohibit the claimant from filing an application with a request to apply sanctions against the unscrupulous parent.
How to receive maintenance payments if the agreement has not been signed
When the option of peacefully resolving a dispute and drawing up an agreement is not suitable for the parties, it is possible to go to court. An application for the collection of compulsory financial support (alimony for parents) is submitted to the magistrate’s court at the place of registration of the plaintiff or defendant. It can be brought in person and given to a clerk at the office or sent by postal service as a registered letter.
To successfully resolve the case, you must correctly draft the claim and provide all the necessary information:
- the name of the judicial authority that will conduct the case;
- passport data of parents and children (full last name, first name, patronymic, year of birth, address of registration and actual place of residence, name and address of the company where they work);
- the reasons that forced the filing of a claim in court (loss of ability to work, disability, retirement, need to receive financial support to meet needs);
- claims (payment of alimony, its amount, form and regularity);
- evidence that serves as the basis for receiving alimony for elderly parents (ID card of a disabled person or pensioner, papers on income received - pensions or other payments, documents confirming exorbitant expenses: extracts from a hospital card, receipts for the purchase of medicines, utility bills, etc.) ;
- a list of required documents that are attached to the statement of claim.
Before filing a claim, you also need to collect a package of necessary papers:
- passport (copy or original) of the plaintiff;
- confirmation of family and kinship ties: registration of children, certificate from the registry office;
- confirmation of the need of elderly parents (pension card or disability certificate, papers on income received and necessary expenses).
Indexation of alimony by agreement
If payments for a child are indicated in a fixed amount, then they are subject to regular increases. This process is called indexing. Usually this condition is stated in the text of the document. If not, then you should be guided by Article 117 of the RF IC:
The indexation of alimony can be carried out by a bailiff if a case has been initiated, or by the person (organization) to whom the writ of execution has been sent.
The cost of living per child is not constant. It changes depending on how prices for goods and services rise in a particular Russian region. But there is also an all-Russian indicator. It is established throughout the country and is regularly fixed by the relevant Government resolution.
Amendments to the alimony agreement
Making any changes to a notarial agreement on the payment of alimony is possible only by agreement of the parties, or on the basis of a court decision.
Naturally, if the agreement itself is in notarial form, then changes must also be accepted only with the participation of a notary. This option is possible if both parents have agreed among themselves to change some conditions.
But more often than not it happens that one of them is necessarily against it. With this development of events, there is only one option left - judicial. The one who insists on changing the basic provisions of the notarial agreement goes to court
Example
Immediately after the divorce, the former spouses went to a notary and drew up an agreement to pay alimony. By that time, the child’s father was earning decent money, so the amount of monthly maintenance was impressive - 25,000 rubles per month. The money was paid carefully over 3 years. And then an accident happened - the child’s father had an accident.
He partially lost his ability to work. He could no longer work at his previous job, so he found another one with much less pay. He tried to resolve the issue of reducing payments with his ex-wife, but it did not work out. He had no choice but to go to court. The court found the applicant's position acceptable, so the amount of alimony was reduced.
As we can see from the example, the payer was the initiator of the change in the amount of alimony. But the recipient of the money also has the right to file such a claim. Of course, if there are circumstances. The law states that the court is obliged to take into account any worthy interest of a party to the dispute.
Court decisions
When dividing property, the court left the wife an apartment purchased during marriage.
Divorce: how to divide property so that everyone is happy
Divorce and all the ensuing consequences: what difficulties may arise during the divorce process?
Claim for communication with a child
How to return an illegally sold apartment
Divorce proceedings: How to bring ex-spouses to a settlement agreement
Notary registration price
Since the document requires notarization, then the money will have to be paid to the notary. The cost for performing such an action consists of two parts: the basic tariff and the notary services themselves.
This is the so-called fee for technical and legal work. The size of the latter is not regulated by law. However, regional Notary Chambers have the right to establish the amount of payment for notary services.
The notary fee is 250 rubles. And the total amount that parents pay to the notary can be approximately 8,000 rubles. This is the case if the notary himself prepares the text of the agreement on the payment of alimony.
Conclusion
A notarial agreement on the payment of alimony has its pros and cons. There are still fewer of the latter, so it always makes sense to draw up such a document. The main thing is to comply with the form of the document, which is strictly regulated by law.
The parties should be aware that it is quite possible to change certain provisions of an already concluded agreement. It is only necessary that both parents agree to make these changes. If it is impossible to agree on new terms due to a dispute, the case will have to be referred to the court.
A very important feature of a notarial alimony agreement is that it gives the force of an executive document. For the recipient of the money, this is a huge plus, because he will not have to go to court in case of failure to fulfill his alimony obligations.
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