How to draw up an agreement to pay child support + samples and instructions

Everyone has heard of the situation when, during a divorce, the mother collects child support from the father through the court. At the time of divorce, relations between spouses are usually tense, so rarely does anyone ask the question: is it possible to resolve the situation peacefully? The Family Code makes it possible to resolve the issue of paying alimony without going to court. To do this, you need to draw up an alimony agreement.

Why is this necessary? If the mother does not collect alimony from the father through a court or agreement, it is considered that she can provide for the child herself. Therefore, she will not be able to qualify for subsidies, benefits and allowances, even if the family really needs help. In addition, it is better to formalize any oral agreements between parents on paper. You have to pay alimony for many years, and the father will have a new family and the issue of supporting a child from his first marriage may fade into the background. Having an agreement in hand, the mother will not have to run to the courts later; it is enough to hand over the document to the bailiffs.

In this article we will tell you how to independently prepare an agreement on the payment of alimony and save on this from 4,000 rubles.

Which persons are entitled to alimony?

First you need to decide what alimony is. Alimony is financial assistance to relatives and spouses. In Russia, most people hear about alimony, which a father pays for a child after a divorce from his mother.

But the following may also qualify for alimony:

• Spouses and ex-spouses. Disabled spouses have the right to receive financial assistance from relatives; spouses raising a disabled child together; spouses caring for an adult disabled child of group 1; former spouses who became disabled or reached pre-retirement age within 1 year after the divorce.
• Parents of an adult child. The right arises for a disabled parent or pre-retirement person.
• Grandparents and grandchildren. Grandparents can demand child support from their grandchildren if they do not have children or spouses who can provide for them.
• Stepmother and stepfather. These are nominal relatives. They have the right to receive payments from their stepdaughter and stepson if they raised the child for at least 5 years.
• Guardians who performed duties free of charge at the request of the parents, or guardians of an orphan who did not create a foster or foster family.

Pre-retirement age is considered to be: for women - from 55 to 60 years, for men - from 60 to 65 years. To receive alimony, adult citizens must prove that their own income is not enough to provide for basic needs (food, treatment, rehabilitation, utilities).

What is a child support agreement?

An alimony agreement is an agreement certified by a notary, which is concluded between the payer and the recipient of alimony on the procedure for paying money for basic needs (food, clothing, medicine). It is recommended to conclude an agreement, even if the payer transfers money voluntarily, in order to formalize the verbal agreements.

The agreement can also be used in a situation where the payer transferred money voluntarily, but the bailiffs initiated enforcement proceedings against him. By law, alimony payments are withheld from income immediately after taxes. And creditors receive reimbursement of debts from salary balances. If the alimony holder has large debts to the bailiffs, then concluding an agreement will help him fulfill his duties to his relatives. This method only works if the payer has an official income.

Example

Vasily and Elena filed for divorce. The former spouses agreed that the man would transfer 10,000 rubles to the child every month. A year later, Vasily took out many loans, he was fired from his job and could not pay them. Banks collected debts from him through the courts. To repay the debt, the bailiffs transferred 50% of his salary. The other part was spent on paying off debts that had not yet been collected. Therefore, he could not pay child support voluntarily. In order to continue to help their son, Vasily and Elena entered into an agreement on a monthly payment of 10,000 rubles per child. Thus, Vasily was able to help his son, despite large debts.

If the parties to the agreement indicate a large part of the income as alimony and there is not enough to pay off debts, then creditors will be able to challenge it in court.

The rules for registration are contained in Chapter 16 of the RF IC. The alimony agreement must meet the following requirements:

• Issued in writing. The draft agreement can be drawn up by the parties independently. But if it does not meet all the requirements of the law, the notary will refuse to certify it. Therefore, if you have no experience in preparing such documents, it is better to involve a lawyer or notary in drawing up the project.
• Certified by a notary. Art. 100 of the RF IC establishes that an alimony agreement is given legal force only after notarization. The parties may contact any notary of their choice.
• Drawed up with the consent of the parties. The document can only be issued on a voluntary basis. If the parties cannot agree on the payment procedure or the amount of alimony, then alimony will have to be processed through the court.

Example

Irina and Vadim divorced. But the issue of paying alimony for the daughter during the divorce was not resolved. The former spouses decided to enter into an agreement. But Irina wanted to receive 25,000 rubles a month, and Vadim wanted to pay only 12,000 rubles. The parties had to go to court.

By agreement, alimony may be paid:

1As a flat sum. The fixed amount by agreement is established by the parties independently. The exception is payments for a child aged 0 to 17 years. Here, the payment amount cannot be less than what the court would establish. In relation to other relatives, spouses and former spouses, the parties establish the amount themselves.

Example

Peter had a lot of loan debts, so the bailiffs withheld 50% of his income. He had no money left to help his retired father. The men decided to make an agreement. They drew up a project in which 5,000 rubles. per month Peter must transfer to his father, and it is certified by a notary. The document was transferred to the accounting department of the enterprise where Peter worked. According to the law, personal income tax is first calculated from the salary, then alimony, and the remaining debts are calculated from the remainder. Therefore, every month Peter’s father began to receive 5,000 rubles. from my son's salary.

2As a percentage of the payer’s income. This option can only be established when paying alimony for a minor child. By the way, when concluding an agreement, it is not popular. It is much easier to set the payment amount as a fixed amount. Therefore, payments in the form of a percentage of income are usually used if the agreement is planned to be transferred to the bailiffs or to the accounting department of the enterprise where the payer works.

Example

During the divorce, Alexandra learned that they wanted to promote her ex-husband. And his salary is from 30,000 rubles. will increase to 60,000 rubles. Therefore, when drawing up the agreement, she insisted that alimony be assigned as a share of income. If she had chosen a fixed amount, then the minimum amount for approval by a notary would have been 30,000 * 25% = 7,500 rubles. My ex-husband would have to be persuaded for a larger amount. And by choosing a share of income as the calculation form, the amount of alimony will increase automatically when your salary increases.

3In the form of large property. The payer may transfer personal property to offset alimony. This is real estate or a share in it, a car.

Example

After the divorce, Maria and Ivan divided the apartment with ½ share each. In order not to pay child support, Ivan offered to transfer his share to his son. The former spouses executed an alimony agreement, in which they indicated that the share was transferred as alimony. With the agreement, the parties contacted Rosreestr and re-registered the share to the child.

4In the form of a large sum. The payer can transfer a large amount of money to a relative one time for alimony, rather than making regular payments.

Example

Matvey’s stepmother received group 2 disability, but her pension was not enough to pay for medicines and utilities. The woman turned to her stepson for financial support. But the young man refused to help voluntarily. Therefore, she decided to collect alimony from him. Matvey offered to transfer a large sum to her account once so that she could distribute it independently based on her needs. But so that the woman would not be tempted to still collect alimony in court, the guy suggested concluding an alimony agreement. The project indicated that the stepson would transfer money to the stepmother for 5 years and the document was certified by a notary. Accordingly, during this period she will not be able to go to court to collect alimony.

The parties also choose the frequency themselves:

• monthly;
• quarterly;
• semiannually;
• once a year;
• at one time.

Amount of alimony

To conclude an agreement, you need to draw up a written document in two copies and have it certified by a notary.

In this document you can write down all the conditions that you agree on. Remember that without notarization, your agreement will not have sufficient legal force.

This method of solving the issue has another big advantage. If the second spouse ceases to voluntarily fulfill his obligations to pay alimony, you can turn to the bailiffs. In this case, you will not need to obtain a writ of execution or go to court. It will be enough to provide your agreement.

Example 1: Ekaterina wants to receive alimony from Ivan, but is not ready to go to court. Therefore, they turned to a notary and signed an agreement with him. The agreement indicated the exact amount of payments in the amount of 12,000 rubles per month.

As already mentioned, you can include in the agreement any clauses that you can agree on. The main thing is that they do not contradict current legislation and do not infringe on the rights and interests of the child.

You can specify any amount for alimony if both parties agree. Just remember that this amount must necessarily be higher than the one that the court would assign.

Non-standard payment methods can also be included in the agreement. For example, you can indicate that the payment will be made once a year. You can also include clauses about any additional compensation. You can indicate that the second spouse must reimburse half of the costs of medicines and doctors in addition to the basic amount of alimony.

At the same time, no one prohibits the use of standard approaches to payments, which are specified in the Family Code of the Russian Federation. In this case, the amount will depend on the income and salary of the alimony payer. This is what it will look like:

1. For one child, you will need to pay 25% of all income for the month.
2. For two children – 33%.
3. For three or more – 50%.

Agreement period

The parties themselves can set the validity period of the agreement. It can be indicated as a date or indicate a specific event (marriage, coming of age, adoption, removal of disability).

The document ceases to be valid in the following cases:

• The payer or recipient of alimony has died.

Example

Mikhail paid his grandmother alimony according to the agreement. The agreement was transferred to the FSSP. When my grandmother died, Mikhail provided the FSSP with a death certificate and stopped paying.

• By agreement of the parties.

Example

Gregory entered into an agreement with his ex-wife to pay alimony. He regularly transferred money to her. But he was fired from his job. To prevent him from accumulating debt, the parties contacted a notary office and entered into an additional agreement to terminate the alimony agreement.

• An event has occurred that is specified in the agreement.

Example

The parents entered into an agreement to pay child support. The son was going to get a higher education. So they decided that the father would stop paying when his son turned 21. When my son's 21st birthday arrived, the agreement ended.

• The payer went to court and canceled the agreement (if the recipient refused to terminate it voluntarily.

Example

Artem and Elya entered into an agreement to support the child. The monthly payment was 30,000 rubles. Due to the crisis, Artyom’s salary decreased, and then he was laid off. Artem asked Elya to reduce the amount of payment to the subsistence level for the child. But the ex-wife was categorically against it. Then Artem went to court and proved a significant decrease in income. The court canceled the agreement. Elya collected alimony through the court. But since Artem was unemployed, the amount of alimony was ½ of the subsistence level for a child in the region.

Required documents

To conclude an agreement for a child, the following documents will be required:

• civil passports of mother and father;
• child's birth certificate;
• civil passport of a child aged 14 to 17 years;
• income certificate of the parent who will pay child support for the last 3 months.

The form of the income certificate is not established. Therefore, the parent can bring a certificate in form 2 of personal income tax, a certificate from the Pension Fund, a certificate in free form. The notary will accept any official document indicating the payer's income.

In this situation, a certificate is necessary to ensure that the established amount of alimony is not less than what the court established. For 1 child, no less than 25% of the parent’s income is due, for two – 33%, for 3 or more – from 50%.

Example

Marina and Oleg decided to enter into an agreement to pay alimony for their joint daughter. Since the child remained with the mother, the father must become the payer. Oleg’s average income for the previous 3 months was 40,000 rubles. This means that the minimum amount under the agreement should be 40,000 * 25% = 10,000 rubles. That is, the notary will refuse to certify the agreement if the parties enter into an agreement for an amount less than 10,000 rubles. per month.

To conclude an agreement in relation to other relatives, it is enough to bring the civil passports of the parties. The parties determine the amount themselves; the minimum payment amount is not established.

Pros and cons of the agreement

As a rule, a notarial agreement is drawn up between the parents of a child during a divorce. Therefore, it is difficult for them to resolve the issue peacefully. But a notarial agreement is a really convenient way to receive alimony.

A notarial agreement has a number of advantages:

• The established amount is convenient for both the recipient and the payer. Before signing the project, the parties must agree on all points of the document. Therefore, the amount, frequency and order of payments should suit both the father and mother.
• There is no need to waste time on courts and disputes. You can draw up an agreement in literally 2 days. When going to court, just collecting documents can take weeks.
• At the payer’s work, no one will know about alimony. Often parents do not want to advertise their personal life in the workplace. If the payer transfers money in a timely manner, without involving bailiffs and accounting, then no one will know that the parent is paying child support.

Cons of the agreement:

• The minimum amount of alimony has been established. This is the main reason why parents rarely resort to agreement. Typically, the payer wants to set the amount as low as possible. But the notary may refuse to certify such a document.
• For registration you need to hire a lawyer or notary. And pay for their services. In 2020, drawing up an agreement with a lawyer will cost at least 5,000 rubles, and with a notary – from 4,000 rubles. The exact cost depends on the region in which the parents live. Often, notaries sell legal and technical services. If the parents drew up the document themselves and there are no errors in it, then it is better to look for another notary office that will notarize the agreement at no additional cost.

Concluding an agreement on alimony is not common in Russia. Therefore, many payers do not take it seriously. After a few months, they begin to ignore the terms that they themselves agreed upon. But the law provides for the possibility of transferring a notarized agreement to the FSSP at the place of registration of the payer. From the moment the application is submitted, the bailiffs will withhold alimony forcibly.

If we consider the positive and negative features of the agreement on the payment of alimony for other relatives, then it is drawn up mainly if the bailiffs take away most of the payer’s income. Therefore, the agreement becomes the only way to provide financial assistance to your relatives in a hopeless situation.

How to draw up and formalize a voluntary agreement to pay alimony

You can draw up an alimony agreement for the payment of funds yourself. But it is better to entrust the preparation of a draft agreement on the transfer of a large sum of money or expensive property for child support to a notary. Without experience in preparing such documents, it may be difficult to carry out all the calculations. And the notary may refuse to certify the agreement, since it violates the property rights of the child.

Let's look at what a child support agreement should look like and what should include.

Form

As already mentioned, the agreement is drawn up in writing and certified by a notary. To prepare the document, you must use A4 size sheets. You can prepare the agreement by hand, but it is better in printed form. This makes it easier to make changes if necessary.

Content

The agreement must include the following points:

• Name;
• place and date of conclusion;
• mother’s details (full name, passport details, permanent registration address on the passport, actual residence address);
• data of a child aged 0 to 13 years;
• father’s details (full name, passport details, permanent registration address on the passport, actual residence address);
• subject of the agreement (procedure and amount of payments);
• form and terms of payments (cash, to a bank card or to an account, date of transfer);
• rights and obligations of the parties (payer - to transfer in a timely manner, recipient - to spend only in the interests of the child);
• duration and events in connection with which the agreement is terminated (adoption, emancipation);
• signatures of the parties.

If the agreement is concluded in relation to a child aged 14 to 17 years, then he acts as the recipient himself. And the mother simply consents to the conclusion of the agreement. A written note is made in the agreement regarding the mother’s consent.

Samples of alimony payment agreements

Sample agreement on payment of alimony as a percentage of salary

It is concluded only for payments of maintenance for a minor child. The law prohibits the use of this option in relation to other relatives or adult children. If the parties draw up such a document in another case, the notary will refuse to certify it.

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Sample agreement on payment of alimony in a fixed amount

The most popular option. Can be concluded by any relatives, spouses and former spouses. The fixed amount must be a multiple of the cost of living in the region (½, 1, 2). This is necessary to make it easier to index it when the cost of living increases. Moreover, if the amount in the current quarter was reduced, then the amount of alimony is not reduced.

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Sample agreement on payment of alimony in a lump sum

The option of an agreement to pay alimony in the form of a lump sum is convenient for relatives, spouses and ex-spouses. In this case, the parties themselves determine the amount of payment and the duration of the agreement. During the time specified in the agreement, the recipient will not be able to go to court and ask for additional payments.

To use this option for a minor child you must:

1. Determine how much the father must pay monthly.
2. Calculate the period for which alimony will be considered repaid.

Example

After the divorce, Valeria and her son decided to move to St. Petersburg. She did not have enough money to buy an apartment. She suggested that the child’s father transfer a large sum of alimony in a lump sum, and she would allocate the child’s share in the apartment. My son turned 5 years old. ¼ share of the child’s father’s salary was 20,000 rubles. The parties agreed that the man gives his ex-wife 1,000,000 rubles, and she considers alimony for the next 4 years and 2 months paid. (1,000,000/20,000)/12 = 4 years and 2 months. That is, when the boy turns 9 years and 2 months old, the father must pay child support again.

In addition, the parties can stipulate how alimony will be paid at the end of the established period. But they can do this later.

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Sample agreement on payment of alimony for the maintenance of a wife

Alimony for the maintenance of the wife, by agreement, can be paid during marriage or after divorce. The agreement must provide for a payment that is a multiple of the subsistence minimum.

A woman can claim alimony in the following cases:

• if you have a disability;
• upon reaching pre-retirement or retirement age;
• if you have a child under 3 years of age;
• during pregnancy;
• when raising a common disabled child (until the child reaches 18 years of age);
• when caring for a joint disabled child of group 1 (after the child reaches 18 years of age).

In addition, the ex-spouse has the right to alimony after a divorce if she became disabled within 1 year of the divorce. And if the spouses have been married for a long time, then the woman can claim alimony if she reaches retirement age within 5 years after the divorce.

Example

Maxim and Olga filed for divorce. Six months after the divorce, Olga received group 2 disability, and as a result she was fired from her job. The woman turned to her ex-husband. Since he had an official salary, Olga would have received significant alimony through the court. But the former spouses agreed to enter into an agreement. Maxim transfers 6,000 rubles monthly to Olga, but she does not go to court to collect alimony.

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Sample agreement on payment of child support for parents

Parents have the right to receive child support:

• mother - upon reaching 55 years of age;
• father - upon reaching 60 years of age;
• in case of disability.

Children must support their parents if they have reached the age of 18 and are fully able to work. The amount is set as a multiple of the cost of living in the region.

Example

Oleg received group 2 disability and decided to collect alimony from his son Vitaly. Vitaly was 20 years old, but he was receiving higher education full-time and did not work. The court refused to award alimony to the father, since Vitaly does not have a regular income and is receiving education.

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Pros of an alimony agreement

But it is worth remembering that there are many advantages when drawing up an agreement:

1. You can set the amount of alimony yourself. For example, according to the law, 25% of income and salary must be paid per child. But you can negotiate with the payer and put 30% or more.
2. You can set a high fixed amount of alimony. According to the law, the court assigns a fixed amount, depending on the cost of living. Now it is approximately 10,000 rubles, which means alimony is assigned to about 5,000 rubles. But you can agree on 15,000 or even 20,000 rubles per month.
3. You can establish alimony on account of property or apartment. For example, if the child’s father is ready to transfer housing worth 2 million rubles, you can agree to such a one-time payment. This cannot be done through the courts.
4. You can combine different payments. For example, receive part of the alimony in equipment, and part in monthly payments.
5. You can set any indexing percentage. By law, alimony is indexed by approximately 2-5% per year. But you can negotiate and put 5-10% per year or even more.
6. You can immediately indicate all the income from which alimony will be paid. For example, from wages, from pensions, from rent, part-time jobs, and so on.

Methods of transferring money

The parties have the right to independently provide for the method of transferring money.

Options for transferring monthly payments:

• Cash;
• Bank transfer to mother's account;
• Bank transfer to the child's account.

But the payer must not only pay alimony on time, but also collect documents that confirm payments. Otherwise, the woman can submit the agreement to the bailiffs and receive alimony from the father for the entire period of validity of the agreement.

The agreement on the payment of alimony is considered an executive document. Therefore, it is not subject to the statute of limitations. If a man does not have evidence of regular payments, bailiffs accrue the debt from the moment the agreement is concluded.

You can use the following as evidence of payments:

• Receipts from the recipient;
• A bank account statement confirming the transfer of funds marked “Alimony”;
• Receipts confirming the transfer of funds to the recipient's account.

Payment documents must be saved.

Receipt for receipt of alimony

If the father pays child support in cash, then the fact of transfer of money can only be confirmed by a receipt. The receipt is made in writing.

The mother can draw it up with her own hand, or the father can print out the text of the receipt in advance. But the woman must personally sign and decrypt it.

Sample receipt for receipt of alimony by agreement

The receipt must include the following information:

• Title of the document;
• Mother’s details (full name, passport details, address of permanent registration and actual residence);
• Information about receipt of funds (amount, purpose of payment - alimony);
• Month for which alimony was paid;
• Information about the payer (full name, passport details, address of permanent registration and actual residence);
• Record of no claims;
• Date and signature.

A sample receipt for receipt of alimony by agreement in simple written form.

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Execution of alimony agreement

Once the agreement is finalized, the payer must immediately begin executing it. If the agreement states that he must transfer the property, then the next day the transfer and re-registration of this property must begin.

If the parties have agreed on monthly payments, then the decision can be executed in 3 ways:

1. Voluntarily. In this case, the alimony payer independently transfers the money to the recipient’s bank account or hands over the money. The recipient must write a receipt each time.
2. Through the bailiffs. The agreement can be submitted to the bailiff service and they will then deal with the collection and transfer of money. This option is suitable for those who do not trust the payer.
3. Through the employer's accounting department. In this case, you need to take the agreement and application to the payer’s employer. And the employer will transfer you the specified amount of money to your account every month.

Also remember that neither party can refuse to fulfill the agreement at their own request. This is correctly stated in Article 101 of the Family Code of the Russian Federation.

If the payer stops paying money or refuses to transfer property, then he will accumulate debt and interest on the penalty. The amount of debt with interest can be recovered through the court.

Changing the child support agreement

After notarization, you can change the agreement in the following cases:

1 By agreement of the parties. The parties may change any terms of the agreement. With the exception of a situation where parents want to reduce payments for the maintenance of a minor child below the minimum established by law. It is forbidden.

Example

Ekaterina and Oleg entered into an agreement to pay alimony for the maintenance of their son. Oleg's salary was 40,000 rubles. per month. The agreement stipulated that the man pays 15,000 rubles. monthly child support. After 3 years, the man took out a mortgage. The parties decided to reduce the payment to 7,000 rubles. But the notary explained that the payment cannot be less than 10,000 rubles. Since alimony for one child cannot be less than ¼ of the father’s income.

2 Through the court. If one of the parties is against changing the agreement, then the other party can go to court. In order for the court to satisfy the claim, the plaintiff must prove that his financial situation has changed significantly.

Example

Lilya and Igor entered into an agreement to pay alimony for the maintenance of their daughter. A year later, Lilya decided that the amount needed to be increased, but Igor did not agree. Then the mother filed a lawsuit to change the agreement. She presented receipts and receipts for expenses for the child. The girl was involved in swimming and went to competitions. The court satisfied the plaintiff’s demands and increased the amount of payments, adding ⅓ of the subsistence minimum per child in the region.

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.

Termination of alimony agreement

Termination of an alimony agreement is possible:

1 With the consent of the parties. Typically, the initiator of termination of the contract is the payer. But the recipient must also give his consent.

To terminate the agreement, you must contact a notary office and enter into an additional termination agreement. The document must be certified by a notary. The agreement is considered terminated from the date of execution of the additional agreement or from the date indicated by the parties in it.

Example

Ivan and Maria entered into an agreement to pay child support. The document stipulated that Ivan would hand over a car as alimony payment. But on the day the agreement was signed, an accident occurred and the car was badly damaged. Therefore, the parties terminated the agreement.

2 Unilaterally through the court. To do this you need to go to court. Please note that if you refuse to fulfill the terms of the agreement without a court decision, the recipient has the right to transfer the agreement to the bailiff service and the funds will be collected forcibly.

When going to court, you must explain the reasons for termination. This could be dismissal, a significant reduction in salary, disability, or the appearance of other dependents - recipients of alimony.

But the court does not always agree to the applicant’s demands.

Example 1

Oleg and Daria entered into an agreement to pay alimony to Daria during her pregnancy. After 2 months, Oleg found out that Daria was not pregnant from him. He decided to terminate the agreement, but his ex-wife was against it. The man filed a lawsuit for cancellation. But the court refused to satisfy the demands, since the Family Code provides for the need to pay alimony to a pregnant ex-wife, regardless of the relationship with the child.

Example 2

The couple had been married for more than 40 years. The man went to work in another city. The wife insisted on concluding an agreement on the payment of alimony. Every month from her husband’s pension, the Pension Fund transferred her 10,000 rubles. A few years later the couple divorced. The property was divided. Since the apartment was the personal property of the wife and remained to her, the man had to take out a loan to purchase a plot of land and build a house. He turned to his ex-wife with a request to terminate the agreement. But she refused. The man went to court. The court refused to satisfy the demands, since the man’s income allowed him to continue making payments to support his ex-wife. Credit obligations are not a sufficient basis for canceling the agreement (Decision of the city court of Lesnoy, Sverdlovsk region dated February 12, 2019 in case No. 2-139/2019).

Alimony agreement with a notary for social security

In order for a mother to apply for a subsidy for utilities or a child benefit, it is necessary to provide information on the income of all family members. If the child’s parents are divorced, then social security will require a document confirming the collection of alimony. That is, if the father pays alimony by verbal agreement (without a notarial agreement, court order or court decision), then it will not be possible to issue social payments.

If the document is necessary for social protection, then it is more profitable for the father to issue a court order. This way, the ex-wife will not be able to collect alimony from him for the past time, and the amount will be calculated as a percentage of income (that is, the minimum possible). But you can only get a court order if the man has an official job or a pension.

If there is no official income, then it is better to draw up a notarial agreement. This way the father will be able to control the terms of alimony collection. Otherwise, the woman will go to court through legal action. Through the court, she will be able to collect alimony for the past 3 years, additional expenses for the child and alimony for her maintenance.

Question answer

How much does an alimony agreement cost at a notary?

The cost of an alimony agreement with a notary consists of:

• Project preparation. Cost varies by region. For example, in 2021 in the Kaluga region you will have to pay from 5,000 rubles. The exact cost for each region can be found on the FNP website.
• Notarized certification. The state fee for a notary is established by the Tax Code and is 250 rubles.

Is it possible to enter into an agreement to pay alimony after a court decision?

You can enter into an agreement at any time. If the parties have already applied to the court to collect alimony, then the recipient must collect the writ of execution or court order from the bailiffs. As soon as the recipient takes the writ of execution, the withholding of alimony automatically stops and the debt stops accruing.

From this moment on, the parties can enter into an agreement in a general manner. If the payer refuses to pay alimony under the agreement, then the recipient can transfer to the bailiffs the agreement for forced collection or the writ of execution that was issued earlier (by his decision).

Example

Peter and Alice filed for divorce. Alice collected child support through the court. The writ of execution was handed over to the bailiffs. Peter asked his ex-wife to pick up the writ of execution and enter into an agreement. The woman agreed. The parties entered into an agreement. After 3 months, Peter stopped transferring money according to the agreement. The woman turned to the bailiffs and returned the writ of execution. Alimony payments began to be forcibly withheld again.

Do I need to have an alimony agreement certified by a notary?

The agreement on alimony must be certified by a notary (Article 100 of the RF IC). A settlement agreement between parents in court is often confused with a notarial agreement.

A settlement agreement is a document that is certified by the court. It is issued if the mother went to court, but during the process the parties came to a common decision.

How to collect alimony under an alimony agreement

If the father refuses to voluntarily execute the notarial agreement, then the mother can transfer the document to the bailiffs for forced execution. Additionally, there is no need to go to court.

To collect alimony under an alimony agreement, you must:

• File a statement with the bailiff department. The bailiff provides the sample.
• Attach a copy of your passport, child’s birth certificate, and bank account details.
• Hand over to the bailiffs for execution.

Example

Kirill and Ulyana entered into an alimony agreement. But the man refused to fulfill it. Ulyana appealed to the FSS with an application for forced collection. The bailiff handed over the document to the accounting department of the enterprise where Kirill worked and alimony was forcibly withheld.

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.

Remember

• If the payer wants to voluntarily pay alimony, he can enter into an agreement with the recipient.
• The agreement can be concluded by the child’s parents, spouses and ex-spouses, children and parents, as well as other persons who are entitled to receive alimony.
• The amount of alimony by agreement is established by the parties. But child support cannot be less than what the court would establish.
• The parties themselves determine the frequency of payments (monthly, quarterly, lump sum).
• The document must be certified by a notary.
• If the payer refuses to comply with the terms of the agreement, the recipient may hand over the document to the bailiffs for enforcement.
• The agreement can be canceled or changed only by a common decision of the parties or through the court.

❓❓❓ Any questions left? Ask them in the comments.

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Notarial agreement on child support. Sample

Our lawyer has prepared a draft agreement for you, which you can download from the link below. Fill it out and take it to a notary for signature.

Look at the sample form to draw up the agreement without errors. Be sure to indicate the exact amount the parent must pay. If the payer works officially, then you can indicate the percentage of earnings.

After you agree on all the points, find a notary you trust and have the agreement certified by him. The notary will enter information about the agreement into the register and this will be evidence in case of disputes. For example, if the payer stops paying alimony or pays less than what is provided in the agreement.