Agreement on payment of alimony in 2021: from registration to termination

How to draw up an alimony agreement?

The mother and father of the child have the right to arrange alimony for a minor by agreement (Article 98 of the RF IC). The document is valid until the child reaches adulthood or another date established by agreement.

The parties to the agreement are:

1. If alimony is collected for a child under the age of 14, then the document is concluded between the mother and father.

2. If alimony is issued for a child over 14 years old, then the parent will act as the payer, and the child will act as the recipient. But the other parent must agree to the agreement.

Note! If the child’s parents have entered into an agreement, and the payer does not transfer the money, then there is no need to go to court to collect child support. From the moment of notarization, the document is endowed with the force of a writ of execution. In order for money to be withheld forcibly, you need to submit the agreement to the bailiff department at the payer’s place of residence.

Form

An alimony agreement is a special agreement that is drawn up in writing and certified by a notary.

The document can only be issued on a voluntary basis. If one of the parties does not agree with the amount or procedure for paying alimony, the notary will refuse certification.

Minimum amount

In accordance with Art. 103 of the RF IC, the mother and father independently establish the amount of alimony by agreement. But the final amount cannot be less than what can be recovered from the payer by court decision.

This means that you cannot enter into an agreement to pay child support in the amount of 1,000 rubles. per month. If the father officially works or receives a pension, then the minimum amount is:

1/4 share of all types of earnings - per child;
1/3 share - for two children;
1/2 share – for three children or more.

If the father does not work, then the minimum amount of alimony is 1/2 of the subsistence level established for the child in the region.

Payment methods and procedures

By agreement, the parents themselves determine the procedure and terms of payment.

Alimony can be established:

in shares of the payer’s income; ()
in a fixed amount; ()
in mixed form;
in the form of valuable property. ()

Parents also set the frequency of payments themselves. Payments can be made:

monthly;
quarterly;
annually;
at one time.

The law provides for the possibility of transferring valuable property to the child as alimony. If the fact of transfer is reflected in the agreement, then the payer is exempt from paying monthly alimony.

Sample 2021

The law does not establish a uniform form of alimony agreement. But according to established practice, the document should have the following sections:

Parties' data.
Information about the child.
Information about the amount and procedure for paying alimony.
Grounds for termination of the agreement.
Signatures of the parties.

Samples and agreement templates can be created or downloaded on the DOCUMENTS page

Price

The cost of the agreement consists of the following costs:

State duty – 250 rub. (Article 333.24 of the Tax Code of the Russian Federation).
Payment for notarial services is established by regional notary chambers.

For example, in 2021 in Moscow, the cost of notary services for preparing an agreement is 8,000 rubles. And if you draw up the document remotely, then 9,174 rubles.

When changing or terminating the agreement, you must pay a fee of 200 rubles.

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Alimony agreement or alimony through the court: which is better?

Each alimony payment option has its pros and cons.

The main advantages of an alimony agreement:

Can be issued quickly, in 1-2 days.
No need to go to court.
There are different options for paying alimony.

But the alimony agreement has its disadvantages:

High cost of notarization.
The conditions must suit both the payer and the recipient.
Few people know that it can be drawn up, how to draw up a document correctly and that it is mandatory for execution. Therefore, an agreement is treated less seriously than a court decision.

In addition, the agreement on the payment of alimony is not accepted by the departments of social protection and the Pension Fund of the Russian Federation. Therefore, if the recipient plans to apply for state benefits, it is better to arrange alimony through the court.

How to terminate

Try to come to an agreement with the other party, otherwise a trial cannot be avoided.
Termination occurs in the same manner as making changes: by drawing up and signing a termination agreement by the parties and notarizing it. If the other party does not agree to termination, you will have to go to court.

In the article How to terminate an agreement to pay child support in 2021 - instructions + judicial practice, I talked about this in more detail.

Important! Before going to court, you should receive a refusal from the other party to the proposal to change/terminate the agreement or wait for the established period (30 days) - clause 2 of Art. 452 of the Civil Code of the Russian Federation.

Waiver of alimony for an apartment in the form of an agreement

When entering into an agreement, the mother and father may decide to replace the monthly child support payment with valuable property. That is, the father will not pay alimony once a month, but will transfer ownership of the apartment or a share in it to the child.

Such a replacement must be formalized in the form of an agreement. It is not possible to replace alimony with property by court decision.

Sometimes the father draws up a gift agreement and transfers a share of the apartment to the child without an agreement. In this case, the child’s mother will be able to go to court and collect alimony. That is, the father will not only lose his property, but must also continue to pay monthly financial support.

Child support for parents: how the amount is determined

The exact amount of child support to parents is not specified in the Family Code of the Russian Federation.

If no agreement is reached between the parties, payments for the maintenance of the parent are ordered by the court . In the statement of claim, the mother (father) can indicate and justify the amount necessary for her normal existence and provision of priority needs. The judge will take this calculation into account.

Monthly payments to a parent in each specific case are calculated individually and depend on a combination of the following factors.

The value of the subsistence minimum (LM) for a person of retirement or pre-retirement age in the region where the case is being considered, and if one has not been established - from the average minimum wage in Russia.
The degree of need of the plaintiff-parent (whether he is disabled or suffers from another serious illness, what amount of income he has, what life situation he is in, etc.).
Degree of security of the defendant – the court takes into account the following factors.
- Age of the defendant.
The defendant’s income level and the presence of other dependents (his own young children, spouse, other needy relatives).

To justify a certain monthly amount of child support, the plaintiff-parent must:

Enter your total monthly income from all sources: pension fund, social security, bank account, etc.
Compare it with the value of the monthly minimum wage for pensioners in the region of residence (if the income is below the monthly minimum, the chances of collecting alimony increase).
Indicate monthly expenses, for example, to pay for an apartment, nurses, medicines.

Child support collected from a child is established to meet the basic needs of the parent and is not a means of unjust enrichment.

If there are sufficient grounds, the court may exempt the adult child defendant from paying child support for a disabled parent.

Changing the child support agreement

The mother and father can change the notary agreement at any time. It can be done:

By agreement of the parties . If the payer receives consent to the change, then it is necessary to contact a notary. The change is formalized in the form of an additional agreement. It comes into force from the moment of notarization.

Note! If the father pays alimony in the minimum amount, it will not be possible to reduce the amount by agreement of the parties.

Through the court . If one of the parties objects to changes to the notarial agreement, then the terms can only be changed through a judicial procedure. To do this, you must contact the district court at the place of residence of the other party.

Through the court, the amount of child support can be reduced if the payer has sufficient grounds. For example, alimony was collected in a fixed amount, but the payer lost his job or became disabled.

In what cases is an agreement invalid?

According to paragraph 1 of Art. 101 of the RF IC, the agreement is declared invalid according to the rules applied to civil transactions. In this case, invalidity can be either indisputable (the transaction is void from the moment it is completed) or established by the court (voidable transaction).

The agreement is void if:

There is no notarized certificate - Art. 100 IC RF.
Does not comply with the requirements of the law - Art. 168 Civil Code of the Russian Federation.
Committed for a purpose contrary to the foundations of law and order and morality - Art. 169 of the Civil Code of the Russian Federation.
It is imaginary - committed without the intention of creating legal consequences - Art. 170 Civil Code of the Russian Federation.
Concluded by an incapacitated person - Art. 171 Civil Code of the Russian Federation.
Completely by a person under 14 years of age - Art. 172 of the Civil Code of the Russian Federation, etc.

A document may be declared invalid in court in the following cases:

When it was concluded, one of the parties had limited legal capacity and the consent of the legal representative was not obtained.
The conditions for providing maintenance to the child significantly violate his interests, in particular, the amount of alimony is specified in a smaller amount than established by law.
It was signed under the influence of deception/threats/violence on the part of the payee.

You have the right to go to court with this demand - Art. 102 RF IC:

Legal representatives of a minor are parents/adoptive parents/guardians.
Guardianship and trusteeship authorities.
Prosecutor.

Termination of the agreement

You can terminate the agreement in the following ways:

By agreement of the parties. The termination procedure is drawn up in the form of an additional agreement certified by a notary. You can terminate the document by mutual agreement at any time.
By the tribunal's decision. If one of the parties believes that the terms of the agreement violate its legitimate interests, then the agreement can be terminated in court. To do this, a statement of claim is drawn up and submitted to the district court at the defendant’s place of residence.

Note! If the payer does not comply with the terms of the agreement, this is not a reason for terminating the document. Since the agreement has the force of a writ of execution, the recipient simply needs to transfer it to the accounting department of the organization where the payer works, or to the bailiff service.

What sample agreements may be useful to you?

Use the proposed samples to take into account in the document all the significant conditions relating to the maintenance of children. Also, preparing the document yourself will allow you to save from 7,000 to 15,000 rubles. (depending on the region). This is the amount that notary services will cost.

You can download the appropriate form below:

Agreement on payment of alimony in shares of earnings (DOC 30 KB)

Agreement on payment of alimony in a fixed amount (DOC 13 KB)

Agreement on payment of alimony by transfer of property (DOC 37 KB)

Agreement on payment of child support for an adult child (DOC 20 KB)

Legal issues

What to do if the bailiff does not accept the alimony agreement?

If the father refuses to fulfill the terms of the agreement, then the mother can transfer the agreement to the FSSP.
Since the document has the force of a writ of execution, it is binding. When a bailiff can refuse to accept an agreement: 1. If the document is not certified by a notary. 2. If the mother did not draw up an application for acceptance of the agreement for execution. 3. If the mother brought a copy, not the original document. 4. If the mother is deprived of parental rights in relation to the child.

But the bailiff cannot simply refuse to accept the agreement; he must give a reasoned refusal. It should indicate what needs to be corrected in order for the document to be accepted.

If the bailiff refuses to accept the agreement without reason, it is necessary to file a complaint addressed to the senior bailiff of the department.

Is it possible to enter into an alimony agreement while married?

You can draw up a child support agreement: · between parents who were not married;
· between parents-spouses; · between parents who are divorced. The marital status of the mother and father does not affect the possibility of drawing up a notarial agreement.

Is it possible to make a spousal support agreement for benefits?

To apply to social security or the Pension Fund to apply for benefits for families with children, it is often necessary to prove the amount of average monthly income.
At the same time, alimony is also included in the family income. If the father is recorded on the child’s birth certificate, but at the time of the application he is not the applicant’s spouse, the woman must submit documents on the collection of alimony. Note! In accordance with the law, social security and the Pension Fund do not accept a notarial agreement as evidence of payment of alimony. The applicant can only submit a court decision. In this case, the court order or writ of execution must be kept in the accounting department of the enterprise where the payer works, or in the bailiff department.

State authorities will refuse to grant benefits if you do not submit documents on the collection of alimony in court.

Is it possible to make a child support agreement retroactively?

An agreement cannot be made retroactively. The document receives legal force from the moment of notarization. The notary enters information about the agreement into the register, assigns it an individual number and registers it. If there is no notary mark on the agreement, the document is considered invalid.

Can a bankrupt debtor enter into an alimony agreement?

The bankruptcy of a parent does not exempt him from paying child support.
At the same time, he can support the child in any way convenient for him. Therefore, alimony can be issued not only through the court, but also by agreement. Bankrupts often use an alimony agreement to reduce the amount transferred by the creditor. Such transactions are immediately visible by the excessively inflated amount of alimony.

If a bankrupt wants to enter into an agreement, it must be taken into account that the alimony agreement is a contract. And the financial manager can challenge any transaction. Therefore, if the amount of alimony exceeds the cost of living for a child in the region, the agreement may be challenged.

Alimony obligations are satisfied from the bankruptcy estate first. Therefore, it is easier and safer to arrange alimony from a bankrupt person through the court.

Sample cancellation certificate

Moscow notary Kolganov I.V. comments:
The document on termination of the alimony agreement is developed in the notary’s office. The parties can offer their own version. However, it will be difficult to achieve its identification in an unchanged form. Article 17 of the Fundamentals No. 4462-1 dated February 11, 1993 imposes full property liability on notaries for their actions. Losses caused by errors, omissions or intentional violations are subject to compensation.

To reduce risk, we try to certify documents drawn up in person. Ready-made agreements are subject to detailed legal analysis and revision. The correctness of this approach is confirmed by Order of the Ministry of Justice of Russia No. 91 of March 15, 2000.

Is it possible to change, terminate or invalidate the settlement agreement?

The reasons why the parties may want to make adjustments to the document over time may include the following:

An increase or decrease in the payer's income.
Deterioration in the financial condition of the alimony recipient and the child.
Change in the marital status of the parties.
Unforeseen circumstances requiring additional funds for a child - serious illness, specialized care.

The settlement agreement can be changed by the court (for example, by filing an application due to newly discovered circumstances) or terminated on general grounds (emancipation of a child, adoption).

The legislation does not provide for the possibility of unilateral termination. The court ruling that approved the document is subject to immediate execution, but can be appealed to the cassation court within 1 month from the date of issuance - clause 11 of Art. 153.10 Code of Civil Procedure of the Russian Federation.

As for the invalidity of the approved settlement agreement, the provisions of the Civil Code of the Russian Federation on the invalidity of transactions are not applicable in this case.