The fact itself that child support after a divorce will have to be paid in any case is known to everyone. We have repeatedly considered certain aspects of payment in articles on the Prav.io portal.
Former spouses can agree on alimony among themselves informally, that is, orally, draw up a notarized alimony agreement, or obtain a court decision or order.
All three methods can become the basis for paying alimony, and you can choose them based on the mutual convenience of the alimony payer and the alimony recipient. More precisely, the legal representative of the latter, since the recipient of alimony in this case is a minor child.
In the case of voluntary payment of alimony (by verbal agreement or in accordance with an agreement), alimony can be paid in different ways:
- Transfer personally in the form of cash
- Transfer to a card of any bank
- Transfer by mail or through any other money transfer system, including electronic
- Independently arrange a deduction from your salary so that payments go directly through the accounting department of the enterprise or organization where the alimony payer works
What is the basis for voluntary payment of alimony?
The law provides for the procedure for paying alimony in the event of reluctance or financial difficulties of the parent paying the alimony. The Bailiff Service, the judicial authorities, are called upon to protect the interests of minor children in receiving maintenance from their parents.
Paying alimony on a voluntary basis presupposes an independent decision-making, in accordance with the norms of the Family Code, to support children from a previous marriage.
The payer can strengthen its financial obligations by entering into an agreement with the recipient. Disputes regarding the amount of security are resolved in court, after which the parent pays them voluntarily, without involving a bailiff.
Lawyer's answers to private questions
Is it possible to pay alimony during marriage voluntarily?
Yes. There is no need to get divorced for this. Moreover, you can transfer money to both the child and the spouse. This is done on receipt or by agreement.
What to do if a debt has arisen due to voluntary payment?
The collector can try to resolve the situation peacefully and come to an agreement with the payer. There is a second option: presenting the agreement to the bailiffs for enforcement. If it is not there, alimony is assigned in court, the debt is collected for the past period (3 years).
Is it possible to collect debt for the past period when paying alimony under an agreement?
Yes. If the payer is to blame for the formation of the debt, the money is collected for the entire period from the moment the agreement was concluded (Article 113 of the RF IC).
Is it possible to voluntarily waive child support?
Yes, if both spouses do not intend to divorce, but do not live together. In the event of a divorce, the issue of the place of residence of the son or daughter and the collection of alimony will still be considered by the court if the parties have not reached an agreement (Article 24 of the RF IC). If alimony has already been collected by court or agreement, it will not be possible to refuse it.
Is it possible to terminate a voluntary agreement to pay alimony?
Yes. It is terminated with mutual consent of the parties, in other cases - in court (Article 102 of the RF IC). The court may terminate it and order payments in a smaller amount if the payer’s financial situation has deteriorated significantly or other alimony obligations have arisen.
Is it possible to voluntarily pay child support?
The parent is obligated to pay child support, and has the right to do so on a voluntary basis. This requires a compromise solution with the recipient of the salary. This can be achieved in the following cases:
- By verbal agreement, with mutual consent, the parents decide how much, when, in what form and where cash will be transferred.
- To consolidate contractual relations, former spouses turn to a notary. The agreement is drawn up in free form, indicating the necessary information, and certified by a notary. The document will be required if there are delays in the transfer of funds or unfounded claims on the part of the recipient.
- After a court decision to collect the debt, the defendant can agree on the voluntary payment of alimony in the required amount, without involving the SSP.
Voluntary transfer of financial support to a child cannot be accompanied by infringement of his legal rights. The father and mother do not have the right to agree on financial support below that established by law. In these cases, the guardianship authorities are obliged to intervene and demand payments in full. They have the right to challenge such a decision in court.
Methodology for calculating alimony
The calculations use the methodology on which the parties agree. In this case, the social status of the alimony provider (employee, businessman, unemployed, freelancer), the number of dependent children and other factors taken into account by the court when considering alimony cases does not matter. Of course, the agreed method for calculating alimony should be fixed in the alimony agreement.
| Calculation method | Legal comment |
| Share of earnings | The parties have the right to establish in the agreement the method of calculating alimony payments as a share of earnings. The share can be anything, the law establishes only the minimum size of the share for alimony provision for minors, namely:
|
| Flat amount | It can be anything, the law establishes only 1 limit: not lower than 1/2 of the subsistence level (for children, pensioners or adults) established in the region of residence of the alimony recipient. |
| One-time payment | This is the amount paid by the alimony holder at one time, 100%, or in installments in interest-free installments, depending on how the parties agree. After 100% payment of the agreed amount, the alimony agreement becomes invalid. Calculation example. Let's say the recipient of alimony is a child aged 5 years. The agreement is valid until his 18th birthday, i.e. it is valid for 18 - 5 = 13 years. The monthly amount of alimony for his maintenance is 10,000 rubles, and the annual amount is 120,000 rubles. The parties decided that it would be more expedient for them to pay immediately with a lump sum payment, so they calculated its size: 120,000 rubles. x 13 years = 1,560,000 rub. |
| Transfer of property assets | If the parties agree on this, then a one-time cash payment can be replaced by the transfer of an equivalent property asset to the alimony recipient, for example, a share in real estate, shares, a share in a business, a car. In addition, the parties can independently agree that the alimony obligation, for example, to a child, is extinguished after the alimony provider transfers into his ownership any valuable asset (an apartment, a car, antiques, jewelry). |
How to pay child support correctly?
How to voluntarily pay alimony without subsequently having problems with the recipient? The payment of alimony on a voluntary basis is not regulated by law. But documentary evidence of fulfillment of parental responsibilities is required. Unrecorded transfer of money during a personal meeting, anonymous postal and bank transfers create a risk for the parent to turn into a willful defaulter.
A verbal agreement does not mean the absence of payment documents.
The alimony obligee must pay maintenance, adhering to the following rules:
- The transfer of money must be carried out simultaneously with receipt of the receipt. A properly executed document has legal force in the event of conflict situations.
- Mail and bank receipts must be marked “child support.”
A long payment period is a feature of alimony payments. During this period, life circumstances may change unfavorably for the payer and recipient of alimony. To avoid negative consequences, good faith and voluntariness must be confirmed.
Court order
The payer can voluntarily pay alimony even when there is a court decision to collect it. For example, he does not have an official source of income, is not officially employed anywhere, but regularly independently transfers monthly alimony to support his child.
You can obtain a court order when the spouses were unable to reach a voluntary agreement. For example, if the payer is not satisfied with the amount of alimony or the payment procedure.
In this case, the recipient of alimony must write an application for an order to the court.
Voluntary payment of alimony by agreement
Alimony by agreement of the parties with notarization is the simplest and most reliable way to protect the interests of all parties.
The agreement is drawn up according to certain rules with which the former spouses agree. It specifies the key points of the contractual relationship: how much money the father undertakes to transfer monthly, on what date, where, to whom.
A parent can pay child support through the accounting department of the enterprise where he is officially employed. Other methods are self-transfer by mail, through Sberbank, or in person.
Obligations establish not only the responsibilities, but also the rights of both parties:
- The alimony payer, in confirmation of payment documents, will present his copy of the agreement, which cannot be disputed.
- A woman, if her ex-husband violates the terms of payment of alimony, has the right to submit an application to the bailiff. In this case, the notarial agreement has the force of a writ of execution, according to which the bailiff will collect the arrears.
- The conditions recorded in the document can be changed by agreement of the parties. Neither the payer nor the recipient can unilaterally change it. If the payer’s financial situation worsens, the payer will have to prove the impossibility of payments in the same amount in court. A recipient who believes that the amount of payments should be revised and compensation is required will also need to contact the court.
Important! Options for drawing up a notarial agreement depend on the parent’s income level. They may change over time, requiring a compromise solution to be revised.
The mechanism for the occurrence of alimony obligations
Obligations for alimony are regulated by family law, which establishes the responsibilities of relatives and spouses in relation to other relatives and family members. Thus, people who are strangers to each other do not bear the obligation to pay alimony and cannot be held liable for failure to comply. In this regard, it is necessary to obtain answers to 2 questions: on what basis can people be parties to an alimony obligation, and what is evidence of the existence of these grounds? The answers are given in the table.
| Reasons | Evidence and examples |
| Blood connection or, in other words, biological connection | It arises between individuals descended from each other. The connections between these individuals can be traced using the principle of a family tree. Blood ties exist between such categories of individuals as:
Documentary evidence provided by the state civil registry office proves the existence of a blood relationship. A typical example is a birth certificate. |
| Family connection | It exists between the following individuals:
The existence of a family connection is proven by documentary evidence provided by the state civil registry office, in particular, about marriage, adoption or divorce. |
Voluntary payment by court judgment or order
Applying to the court with a statement of claim due to arrears in payments or disagreement with the amount of alimony ends with a decision in favor of the plaintiff. The purpose of the material security is determined in a fixed amount, providing for the repayment of the debt.
Based on the judicial opinion, a writ of execution is issued, which must be presented to the Bailiff Service.
Failure to comply with a notarial agreement to pay financial support for children is grounds for contacting the bailiff with a statement and a copy of the agreement.
Execution procedure: according to the submitted papers, the bailiff issues an order to collect a penalty from the specified person. The document (order or writ of execution) is sent to the debtor’s place of work. The official exercises control over how alimony is paid.
The writ of execution and order must be strictly implemented, regardless of the current level of income of the alimony payer. The financial circumstances of the ex-spouse may be such that it is more profitable for the recipient to agree to the proposal for a voluntary payment on his part. How to pay alimony voluntarily in this case?
For example. The former spouses entered into an agreement, certified by a notary, on monthly payments in favor of a young child in the amount of 1/4 of the father’s earnings. After 2 years, the alimony payer lost his job, and it turned out to be impossible to pay in the previous amounts. A debt has arisen.
The recipient handed over the application and agreement to the bailiff to collect the arrears. According to the order, the parent must be charged half the subsistence level for children in the region, which would be 6,000 rubles. Due to the lack of a regular salary, it was problematic to receive the required payments. The woman agreed to her ex-husband’s offer to receive 4,000 rubles. monthly, subject to withdrawal of the order.
In this case, the child will not receive the maintenance required by law. But in such a situation, it is better to receive less, but regularly, than to wait several months for the transfer of the full amount.
Without documentation
This option is suitable for those former spouses who, even after a divorce, have maintained a trusting relationship and do not expect tricks from each other.
One parent is ready to provide financial assistance to his child, regardless of whether such a duty is documented. And the second is completely confident that he will be able to receive money to support the child even without concluding an agreement or making a court decision.
Example 1: Alexey wants to pay child support to his son on his own. But in order to protect themselves, he and his ex-wife went to a notary. There they drew up and signed an agreement in which they spelled out all the conditions. The amount of alimony was set at 15,000 rubles per month.
When an agreement on alimony between the former spouses is reached, they will have to decide on the payment option. There can be three of them:
- voluntary payment without documentation;
- based on a notarial agreement;
- based on a court order.
This voluntary alimony payment may be periodic and transferred in an amount previously agreed upon between the spouses within a specified time frame. Such alimony can be paid once in the form of a large sum of money or expensive property.
If it is important for the former spouses to document the obligation of one of them to pay alimony (which cannot but be considered appropriate), then they have the right to enter into an alimony agreement or go to court to issue a court order.
| Child support calculator | |
| How many children do you have under 18 years of age? | |
| Is the children's father officially employed? | |
| How much does the alimony payer receive? | rubles Error |
| The amount of other income of the alimony payer (for example, from renting out an apartment): | rubles Error |
| Alimony will range from 400 rubles to 13,000 rubles for each child. The judge will determine the exact size! If he is not registered with the employment center, then you need to file a claim and set alimony in a fixed amount. |
Application for voluntary payment (sample)
The application for voluntary payment of alimony (sample) does not have an approved form. It cannot be submitted by the payer. The need for such a document arises when the recipient revokes the writ of execution. Reason: an agreement reached with the ex-spouse on the voluntary transfer of an amount less or more than that required by a writ of execution or a notarial document.
The application is submitted to the head of the Federal Bailiff Service at the place where the writ of execution was filed.
The document must contain the necessary information:
- name and location of the bailiff service;
- personal data of the applicant;
- address data;
- information about the writ of execution or notarial agreement;
- reason for revocation of the writ of execution;
- request for a refund;
- day month Year;
- signature.
A sample application for revocation of a writ of execution can be downloaded here
The document header contains the following data:
- to the head of the FSPP;
- organization address;
- surname, name, patronymic of the applicant;
- place of registration;
- whose interests are represented.
Title: “Application for termination of the writ of execution (notarial agreement) for the payment of alimony.”
The content of the document has 4 logically related parts.
Part one. It is indicated when (date), what document (number, date), on the basis of what decision (date number), its essence, in whose favor it was sent.
Part two. Fulfillment of orders, executor.
Part three. Reason for withdrawal (agreed upon).
Part four. Please return the writ of execution in person.
Signature (with transcript), day, month, year.
Drafting a document can be challenging.
General information
Alimony in Russia is paid in accordance with the norms of family law (Chapter 17 of the RF IC). This regulatory act regulates the methods of collecting payments, deadlines, grounds for termination of payments, and much more.
A parent may provide financial assistance to a minor child voluntarily. In this case, it is necessary to draw up an agreement, with the help of which it will subsequently be possible to prove the fulfillment of this obligation. If the payer refuses to transfer alimony, the child's guardian goes to court.
Even if there is a court order, payment may be voluntary. If even then the parent refuses to fulfill his duties, collection is carried out forcibly through bailiffs. Then other means are used - seizure of property and bank accounts, search for the debtor, ban on leaving the country and much more.
Need a lawyer
The voluntariness of transferring financial support to a child before reaching the age of majority requires proper registration with legal justification. Otherwise, the alimony payer may fall into the category of non-payers and have problems traveling abroad and driving a car. Proving timely and full payment of alimony will require time and money.
Contacting an experienced lawyer will save you from possible problems in the future. It is impossible to find all the information on the Internet yourself. Each case is individual and requires personal consideration. An employee of our law firm will provide advice free of charge, online - through a written question or in a chat.
Child support amount
Typically, alimony is withheld as a percentage of income. In this case, their size is indicated in the documents on the basis of which the deduction is made.
Also, alimony can be collected in a fixed amount of money or in an amount identical to a certain number of basic units. Please note that alimony withheld in this amount is subject to indexation in proportion to the increase in the base amount.
It is also necessary to take into account that the amount of alimony should not be lower than the amount established by law. It is expressed as a percentage of the average per capita subsistence budget (BPM).
| Number of children | Amount of alimony, % of income | Minimum amount of alimony, % of BPM |
| One child | 25% | 50% |
| Two children | 33% | 75% |
| Three children or more | 50% | 100% |
The maximum amount of deductions is 70% of income. This follows from the legal requirements that an employee paying alimony must retain at least 30% of his earnings and other income. In this case, the amount of income is reduced by income tax and insurance contributions to the Social Protection Fund calculated from this amount.
What documents are needed to collect alimony?
It is advisable to attach to the statement of claim for the collection of alimony a calculation of child support, indicating how much is spent and on what, based on the amount stated in the demands. Almost always, judges ask to provide checks and receipts to confirm the indicated expenses. The statement of claim is prepared in three copies, on one of which the court office employee marks the acceptance of the documents and returns it to the plaintiff. Also attached are copies of children's birth certificates, registration of minors (registration certificate or extract from the house register), copies of marriage/divorce certificates (if available).
Please note that if previously a statement of claim was submitted to the court with copies of all documents attached according to the number of participants in the process, now you need to independently send them all the documents by registered mail before filing a claim with notification and a list of the attachments, and attach documents about sending to the claim.
Receipt receipt
A receipt for alimony paid voluntarily must be drawn up in compliance with the following rules:
- it must be written personally by the recipient legibly and without blots;
- it must reflect the place and time of compilation;
- It is desirable that when drawing up the receipt there should be a third party (witness) present, who, in the event of a dispute, could confirm that the receipt was received after the transfer of funds (in this case, it is necessary to indicate this in the receipt, provide information about the witness and reflect it in the document signature);
- the amount received must be reflected in numbers, accompanied by the words “rubles” and “kopecks”, as well as in parentheses in words with a capital letter;
- You must indicate in the receipt the purpose for sending the funds, as well as the person to whom they are intended.
It is important to check the document carefully before putting your signature on it . At the request of the parties, the receipt can be notarized.
Certificate of withholding of alimony
At the request of the employee, he must be provided with a certificate of withholding of alimony.
Withholding of alimony for individual entrepreneurs working under the simplified tax system is carried out based on the results of the deduction of documented expenses related to business.
Child support is withheld not only from wages; it is also calculated from other types of income, such as:
- monetary support for municipal employees, health workers and teaching staff;
- creative fees;
- allowances and bonuses;
- pensions;
- other compensation payments.
When calculating alimony, amounts of income related to: the provision of payments on the occasion of marriage registration, the birth of a new child, the death of a relative, and compensation payments are not taken into account.
The termination of alimony withholding is associated with the death of the payer or recipient, as well as with the child reaching the age of majority.
