Sample agreement for paying child support in 2021

The husband forgets to allocate money for the child. And he does not take part in the life of the family. Food, treatment, payment for clubs, purchase of clothes and toys - everything is on your shoulders, and it is difficult to cope without financial support. By drawing up an agreement on the payment of alimony, you can quickly and peacefully resolve the issue of maintaining your common child.

Agreement on the payment of alimony is an agreement concluded between the person obligated to pay alimony and the recipient, which describes the conditions for the amount, method and procedure for payment. It can be issued not only after a divorce or during the divorce process, but also during the marriage.

In my text you will find samples of notarial agreements on the payment of child support, which will help you correctly draw up the document and take into account all the important conditions relating to the maintenance of children. In addition, a independently prepared agreement will allow you to save an average of 7-10 thousand rubles. — this is how much notaries charge for their services.

Here you can download a suitable sample so that, using its example, without outside help, you can legally draw up the following agreement:

Voluntary agreement on payment of alimony in shares of earnings (DOC, 17 KB)

Voluntary agreement to pay alimony in a fixed amount (DOC, 15 KB)

Completed sample agreement on payment of alimony (docx, 20 KB)

What form is the document in?

How much does an alimony payment agreement cost with a notary?

The price of a notary agreement on payment of alimony

Documents for alimony agreement

An agreement to pay alimony is concluded only in writing. Be sure to have the document certified by a notary. Otherwise, it will not have legal force (according to Part 3. 163 of the Civil Code), and you will not be able to present it either to the employer to deduct due payments from your salary, or to the bailiff service to enforce the collection of maintenance.

Expert opinion

Maxim Anatolyevich Kalinov, lawyer

Advocate. Education: Academy of Law and Management of the Federal Penitentiary Service of the Russian Federation, Faculty of Law, full-time study. Read more.

When paying by verbal agreement, the alimony payer must know that the ex-wife can change her mind at any time and collect alimony through the court not only for the future, but also for the previous three years. Without a written agreement (even not certified by a notary), it will be impossible to prove that you paid alimony!

There is no mandatory form for drawing up an alimony agreement and there are no specific requirements for its content. Common forms are often used. For example, this is the general form of an agreement on the payment of alimony (RTF, 77 KB).

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:

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

But the alimony agreement has its disadvantages:

1. High cost of notarization.
2. The conditions must suit both the payer and the recipient.
3. 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.

What should the parties agree on before drawing up the document?

Before concluding an agreement, the parties to the agreement should:

• Determine whether they have the right to draw up such a document.
• Discuss the amount of alimony.
• Agree on the frequency of payments.
• Select the payment method - cash or non-cash, the form of confirmation of receipt of money.
• Agree on the validity period - until the child reaches adulthood, until the child is declared fully capable (employment, marriage), any other period agreed upon by the parties.
• Discuss penalties for violating the terms of the contract.
• Provide for the amount of indexation - if alimony is set at a fixed amount.
• Decide on a notary that will suit both of you.

In addition to these main points, you can also resolve issues with the other party regarding the payment of additional amounts for the child’s needs, including expenses for summer vacations and recreation, nanny services, tutors, etc. Parents have the right to agree on the schedule of communication with the child and the specifics of his travel abroad.

Sample agreement on payment of alimony for a spouse

statements:

Agreement on payment of alimony for spousal support

How to draw up an agreement

The notarial agreement includes:

• Place of conclusion of the document (city, village, etc.).
• Date of conclusion: day, month and year.
• The title is “Agreement on the payment of alimony.”
• Full names of the parties, their passports and addresses.
• Information about the child - full name, date of birth and who is related to him.
• Amount of payments. If the amount is too small, the notary has the right to refuse to certify the document, since the agreement on the payment of alimony should not violate the interests of the minor and the requirements of the law.
• Frequency and procedure of payments. For example, “in cash to Petrova O.I., for which the latter draws up a receipt” or “according to the following bank details...”.
• Conditions for termination of cash receipts.
• Additional terms and conditions.
• Information about the notary certifying the document.

At the end, the signatures of the parties and the notary are placed (with a seal).

FAQ

Q: Is it possible to enter into a notarized agreement for the payment of alimony during marriage?

A: Yes, yes. The possibility of concluding an alimony agreement does not depend on the marital status of the parties.

Q: What should I do if the alimony agreement is not paid?

A: The recipient of payments has the right to initiate their forced collection. To do this, he should contact the bailiff service with an application for the collection of alimony, providing the original agreement.

Q: Does the agreement need to be certified in court?

Oh no. The document is subject to notarization, after which it acquires legal force. There is no need to go to court.

Q: Is it possible to formalize an agreement if the child’s father is not listed on the birth certificate?

A: First you need to establish paternity. After which you can draw up the document and have it certified by a notary.

Q: Is it possible to pay alimony without drawing up an agreement?

A: If a friendly/trusting relationship remains between the child’s parents, the agreement on the payment of alimony does not need to be formalized legally. However, if the payer stops paying, the recipient will have the right to go to court to collect them. Be sure to keep all payment documents for payments made.

Q: How can I enter into an agreement for a second child in a new marriage to reduce the amount of alimony for the first?

A: The agreement must be concluded in writing and certified by any notary. After which it acquires the force of an executive document and can be sent to the employer at the payer’s place of work/bailiffs for forced collection.

Is certification required by a notary?

Necessarily. A notarized agreement on the payment of alimony has the force of a writ of execution, i.e. after presenting it at the payer’s place of work, the organization’s administration will begin to withhold alimony from the payer’s wages and (or) other income and transfer it to you no later than three days - Art. 109 RF IC.

The notary will attest that the parties sign the agreement voluntarily and are in an adequate psychological state. He will check the capacity of the parties, the legality of the documents, establish the actual intentions of the participants and explain the legal consequences.

In addition, the notary confirms with his signature that the participants acted without coercion, fully understood the meaning of their actions and their consequences, and signed the agreement with their own hands.

Important! If you have entered into an agreement and have not certified it, then the document will be just a simple piece of paper. In this case, if its terms are violated, it will not be possible to contact the bailiffs to collect the debt.

Expert opinion

Maxim Anatolyevich Kalinov, lawyer

Advocate. Education: Academy of Law and Management of the Federal Penitentiary Service of the Russian Federation, Faculty of Law, full-time study. Read more.

In practice, there are situations when parents entered into an agreement, but they forgot about its mandatory certification by a notary, while child support was transferred. In case of disputes, the court may recognize the payments made, provided that the purpose of the payment indicated “Alimony for such and such a period.

Which notary should I contact and can I refuse certification?

You can choose any notary, both public and private. Most often, participants turn to notary offices located close to the home or work of one of the parties.

If a document does not comply with the norms of current legislation, or contains errors or inaccuracies, the notary has the right to refuse to certify the document. If you are rejected, correct the mistakes.

In case of refusal to certify the agreement, you have the right to require the notary to state in writing the reasons for the refusal, providing you with a resolution. If the reason is not true, you can write a complaint against the notary to the notary chamber. But it will be easier to find another notary.

How much does notarization cost?

The cost of notary services consists of the fee for performing a notarial act and the cost of legal and technical services. The fee for certifying the agreement is 250 rubles. - clause 9. 333.24. This is the required minimum.

Also, the notary, according to his price list, will charge a fee for consultations and drawing up the document - if you don’t draw it up yourself. Assistance in preparation is a paid service, but it is voluntary and the notary has no right to force it on you.

The maximum fees for notary services are established once a year by the Federal Notary Chamber for each region of the Russian Federation. For example, in the Central Federal District, the maximum amount that can be asked at a notary office for drawing up an agreement is in the range of 7-12 thousand rubles.

If the agreement provides for the transfer of real estate or a car for alimony, then the price of notary services will increase.

The law does not indicate which party should bear the costs of certification. Therefore, negotiate with each other.

How many copies should there be?

Bring 3 copies of the agreement to the notary. After certification, each party receives 1 copy, and one remains with the notary.

If one of the participants loses his copy, he can always get a duplicate from a notary. The duplicate has the same legal force as the original.

If a question arises about the authenticity of a document, information on the transaction can be requested from a notary at any time.

Sample agreement on child support in shares of earnings

statements:

Agreement on payment of child support in shares of earnings

What is the content

Let's look at the conditions that it is advisable to include in the document.

What is the procedure for paying alimony and in what amount?

Agreement to pay alimony in a fixed amount

The parties voluntarily determine the payment procedure. Possible options include transferring money in cash, transfer to a bank card or bank account, or postal transfer.

Parents in the agreement have the right to indicate any amount of monthly (quarterly, etc.) maintenance. They determine the size independently, taking into account the financial and marital status of each party.

The amount of cash payments can be determined in the following ways:

• Percentage of income.
• A fixed amount of money.
• One-time payment or transfer of property.
• Mixed method.

What is the amount of child support paid for minor children?

The parties agree on the amount of payments independently. But the amount for a minor cannot be lower than the amounts that would be assigned in court - Art. 81 SK:

• ¼ - for one child.
• ⅓ - for two children.
• ½ - for three or more children.

Let's imagine that Ivan receives 24,000 rubles and has 2 children. This means that he will pay at least 8,000 rubles. for two. If there is one child - 6,000 rubles, if there are three children - 12,000 rubles for all.

When is it better to calculate as a percentage of income?

This option is used when the payer has a regular income. The amount is determined standardly: for one child - ¼ of the income, for two - ⅓, for three or more - half of the income. These are the minimum boundaries (81 RF IC).

The law does not limit the upper limit and the parties can agree on a higher share. Withholding of alimony is also possible if the agreement establishes a share exceeding 50% of earnings - 110 IC RF.

When should you indicate the amount in a hard monetary amount?

This payment method is relevant if:

• The shared form of payments is inconvenient for both parties or for one.
• The payer’s income is not fixed, irregular, large or unofficial.
• The child needs treatment and needs to regularly purchase medications.

When determining the minimum amount, one should take into account the requirements of paragraph 2. 103 of the RF IC - the amount of alimony for minor children cannot be lower than the amount that they could receive if collected in court under Art. 81 IC RF. Maximum limits for alimony agreements with the payment of maintenance in a fixed amount are not established in the RF IC.

If you have difficulty determining the amount of income, then as a starting point for calculation you can choose:

• The minimum wage (minimum wage) for full-time workers for 2021 is RUB 12,130. Calculate from this amount.
• The cost of living (LM) for a child of the appropriate age in your region or the federal one. The amount of alimony can be defined as the subsistence minimum, divided in equal shares between his parents (PM/2).

Is it possible to specify a condition on the provision of property or a one-time payment?

The parties may provide for the transfer of property to the child as alimony. For example, re-register an apartment, house, cottage, car, yacht, etc. in his name. This payment option will relieve the payer from the need to regularly transfer funds for maintenance and will be convenient for people employed in seasonal work or who do not have a stable income.

Important! Illiquid property cannot be taken into account towards alimony payments. When transferring property, the party obligated to pay alimony, after notarization of the agreement, must take all necessary actions related to the transfer to the child and registration of property rights.

Please note that the provision of property can also be implemented in the form of periodic provision of food, stationery, clothing, medicines, etc. to the child.

A one-time payment of a large amount is also allowed. It is important that the result is no less than the amount of alimony that would be due to the child by law for the entire period of validity of the document.

Example. Vladimir and Olga decided to enter into an agreement on a one-time payment of alimony. The child was 16 years old at the time of drawing up the document. Vladimir’s salary is 60 thousand rubles. For the next 2 years (since they pay until they are 18), he would have to pay, according to a court decision, no less than 360 thousand rubles. (60,000 x ¼ x 24 months). The parties signed a document transferring the entire amount at once.

When to choose a mixed payment option

The agreement may provide for a combination of different methods of paying alimony - 104 of the RF IC. This means that you can agree to pay maintenance:

• In shares of earnings and in a fixed sum of money, paid periodically or at a time.
• In shares or in a lump sum and by providing property.

Most often, parents of a minor choose a mixed version of alimony if the payer:

• Has an unstable or variable income, but at the same time receives funds from renting out property, profits from shares and other securities, and royalties from creative activities.
• Along with a stable income, he has unofficial income.
• Receives all or part of the salary in kind or in foreign currency.

The parties to the agreement can agree on a mixed procedure if the payer transfers a portion of the spouses’ shared apartment as alimony and continues to pay a fixed amount until the child reaches adulthood.

What payment terms should I specify?

The parties have the right to stipulate any terms acceptable and convenient for both the recipient and the payer. The agreement can specify the receipt of payments:

• Once a week.
• Once or twice a month.
• Once a quarter.
• Once a year.
• A one-time payment of the entire amount for the entire period until the child reaches adulthood.

Typically monthly payments are set. They are tied to the moment of payment of wages or receipt of other income. It is better to indicate the deadline in the document (for example, before the 20th of each month).

The parties independently determine the amount and timing of payments

Is there a need for a clause on indexation of alimony payments?

Indexation is protection against depreciation of alimony paid in a fixed amount. The indexation clause included in the agreement makes it possible, due to the constant rise in consumer prices and inflation, to adjust the amount of payments upward.

This possibility is legislatively enshrined in Article 105 of the RF IC. That. in the document you can indicate the mechanism or size of indexation that you can agree on:

• Register as a certain percentage of a fixed amount of money - for example, an increase of 5% relative to the monthly payment every 6 months.
• Indicate a specific amount - for example, the payment increases quarterly by 300 rubles.
• Link its size to the foreign exchange rate. In this case, the agreement must contain a fixed amount in both rubles and foreign currency. It is also necessary to stipulate which exchange rate will be accepted in the calculations (the Central Bank of the Russian Federation or some commercial bank).

Important! If indexation conditions are specified, then these points should be used as a guide when recalculating. If the procedure for increasing payments is not specified, the calculation should be guided by the change in the cost of living for children.

So the recipient retains the right to index alimony - 117 of the RF IC. You will find the cost of living on the website of the Department of Labor and Social Protection of the Population of your region or on the website of the Federal State Statistics Service (if it is not established in your region).

If alimony is paid as a percentage of income, then indexation is not performed. In this case, the amount of payments increases in proportion to the increase in the income of the alimony payer.

Should I include a clause on the liability of the parties?

The parties have the right to agree on liability for late payment in the form of a fine, penalty or penalty. If a debt arises, the payer bears responsibility in the manner prescribed by this agreement - Art. 115 RF IC.

This paragraph does not cancel the penalties provided for by law for evasion of payment (for example, Article 5.35.1 of the Code of Administrative Offenses or Article 157 of the Criminal Code).

If the parties have not included this clause on alimony, this does not deprive the recipient of the right to contact the Bailiff Service and forcibly collect the debt. Having opened enforcement proceedings, bailiffs will be able to:

• Seize the debtor's property, seize it and sell it through public auction.
• Seize bank cards and accounts.
• Limit travel abroad.

How can you pay child support?

After notarization, the agreement acquires the force of a writ of execution. Those. you have the right to present this agreement at your place of work, and the administration of the organization will withhold alimony from your income and transfer it to the recipient no later than 3 days from the date of calculation of your salary - Art. 109 RF IC.

Alimony can be transferred to a bank card or account. In recent years, payers have given preference to online banking. When transferring each amount, do not forget to indicate in the comments to the transfer or in the basis of the payment:

• Payment period.
• Purpose of the transfer - child support, full name.

Do not delete electronic receipts from your personal account - you will be able to prove at any time that there is no alimony debt.

You can make alimony payments to the notary's deposit if such a point was agreed upon in the contract. However, you should send a notification to the recipient each time you deposit funds.

When paying alimony in cash, you should take a receipt for receipt of money to avoid claims.

Option for receipt of alimony

Registration procedure

According to Art. 39, 173 of the Code of Civil Procedure of the Russian Federation, a settlement agreement can be drawn up at any stage of the legal process. Any of the parties has the right to propose drawing up a procedural document. A settlement agreement on alimony may end the dispute in the case. It is binding on the parties.

Article 39 of the Code of Civil Procedure of the Russian Federation - Change of claim, waiver of claim, recognition of claim, settlement agreement

1. The plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of the claim, or abandon the claim, the defendant has the right to admit the claim, and the parties can end the case with an amicable agreement.
2. The court does not accept the plaintiff’s refusal of the claim, the defendant’s recognition of the claim, and does not approve a settlement agreement between the parties if this is contrary to the law or violates the rights and legitimate interests of other persons.
3. If the basis or subject of the claim changes, or the amount of the claim increases, the period for consideration of the case provided for by this Code begins from the day the corresponding procedural action was performed.

Article 173 of the Code of Civil Procedure of the Russian Federation - Refusal of the claim by the plaintiff, recognition of the claim by the defendant and settlement agreement between the parties

1. The plaintiff’s statement of abandonment of the claim, the defendant’s acknowledgment of the claim and the terms of the settlement agreement between the parties are entered into the minutes of the court session and signed by the plaintiff, the defendant or both parties. If the refusal of the claim, recognition of the claim or a settlement agreement of the parties is expressed in written statements addressed to the court, these statements are attached to the case, as indicated in the minutes of the court session.
2. The court explains to the plaintiff, defendant or parties the consequences of abandoning the claim, admitting the claim or concluding a settlement agreement between the parties.
3. If the plaintiff abandons the claim and accepts it by the court or approves a settlement agreement between the parties, the court issues a ruling, which simultaneously terminates the proceedings. A court ruling on approval of a settlement agreement between the parties is made according to the rules established by Chapter 14.1 of this Code. If the defendant recognizes the claim and accepts it, the court makes a decision to satisfy the claims made by the plaintiff.
4. If the court does not accept the plaintiff’s refusal of the claim, the defendant recognizes the claim, or does not approve the amicable agreement of the parties, the court makes a ruling on this and continues to consider the case on the merits.

The draft document is submitted for consideration and approval by the court. He makes a determination to approve the agreement if it is drawn up taking into account procedural and substantive norms and does not violate the interests of children and other recipients of alimony. If the settlement agreement is approved by the court, then the proceedings in the case are terminated at the same time. The content of the document depends on the specifics of the specific situation.

The alimony settlement agreement must include the following information:

• name of the court;
• conditions and duration of alimony;
• amount of material maintenance;
• additional conditions of alimony support - for example, the provision of certain property;
• the procedure for indexing alimony;

Expert commentary

Kamensky Yuri

Lawyer

The settlement agreement must be submitted for approval by the court. If it is approved in court, then the document is binding on the parties.

The settlement agreement has the force of an executive document. It can be enforced if the payer refuses to provide alimony or evades obligations to raise children.

The settlement agreement cannot provide for all cases when the amount of material support for objective reasons may increase, without linking it to the subsistence level. The child may become ill, and the financial situation of the recipient’s family often worsens for reasons beyond the control of the parties. In such a situation, the recipient of alimony has the right to file a claim in court to cancel the settlement agreement and (or) award alimony in a fixed amount of money.

Important! The applicant will need to prove the need to cancel the agreement, since if it exists, filing a claim on the same subject and basis is prohibited.

How to change the terms of an agreement - this can be done through contractual or judicial procedures. Cancellation of the agreement is permitted as a last resort if its conditions are unfulfilled. In such a situation, the statement of claim is submitted to the district court if the value of the claim is more than 50 thousand rubles and to the magistrate if the value of the claim is lower.

The claim will need to indicate:

• name of the court;
• information about the plaintiff - full name, place of residence, contact details;
• information about the defendant - full name, place of residence, contact information;
• information about third parties - guardianship authorities, etc.

The statement of claim must have a title. The document must describe the conflict situation in detail. Emphasis should be placed on the impossibility of fulfilling the terms of the settlement agreement for objective reasons:

• a significant change in the recipient’s family circumstances - detection of a serious illness, loss of home, etc.;
• malicious and periodic failure to comply with the terms of the settlement agreement;
• deliberate understatement of payments - dismissal from work, concealment of the payer’s income.

The plaintiff's arguments must be supported by specific evidence. Their list includes copies of documents of enforcement proceedings, monthly calculation of the debt under the settlement agreement, written documents confirming the absence of a transfer of funds according to the details specified in the settlement agreement.

The list of evidence can be clarified and supplemented at the preliminary court hearing. The defendant has the right to object to the cancellation of the settlement agreement, but this also requires compelling arguments on his part.

The claim is dated and signed by the applicant. Documents are attached to it:

• copy of the passport;
• copies of previously issued procedural documents that relate to the case;
• documents confirming payment of state duty, etc.

Cancellation of the settlement agreement may be accompanied by demands for the establishment of alimony payments in a fixed amount of money. This is possible in situations where the payer does not have a permanent place of work or has variable earnings. You can demand alimony in a fixed amount if the payer has income in foreign currency or profit in kind.

If it is confirmed that there are no payments under the settlement agreement, the court will satisfy the claim if it considers it impossible to fulfill the terms of the document. At the same time, alimony payments in TDS may be awarded, taking into account indexation. The amount is equal to the cost of living or half of it in a particular region. The decision made is binding on the alimony payer.

Expert commentary

Gorchakov Vladimir

Lawyer

The previously accumulated debt under the settlement agreement also remains and must be repaid, taking into account the penalty, for which you can apply to the court separately.

What is the validity period of the document

The unconditional conditions for the termination of alimony obligations, and therefore the validity period of the document, are described in paragraph 1 of Art. 120 IC RF:

• Death of one of the parties.
• Expiration date.
• The grounds provided for in this agreement.

You can specify other conditions in the agreement. For example:

• The child reaches 18 years of age.
• Full legal capacity of children until they reach adulthood.
• Departure for permanent residence abroad, etc.

If the agreement is drawn up for the maintenance of a minor child and the validity period is not specified in it, then it is valid until he turns 18 years old.

Important. The terms for termination of the document are usually specified in the agreement.

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 make changes to a notarial agreement

If the parties decide to change the agreement by mutual consent, then adjustments can be made at any time. The change must be executed in the same way as the agreement - in writing and certified by a notary.

If the parties have another child during the term of the agreement, then they have the right to agree on the terms and apply to a notary to amend the agreement for the maintenance of the second child. In this case, you can indicate in the document the conditions and amount of payments:

• For each child separately, depending on their age, developmental characteristics or occupation.
• An equal amount for the maintenance of each.

If one of the parties demands to make changes, but the other does not agree, then the dispute is resolved through litigation in the district court at the defendant’s place of residence or in the court specified in the agreement.

For example, the alimony payer decided to reduce the amount of payments due to a significant deterioration in his financial situation. But the ex-wife is against changing the amount. When considering the case, the court will evaluate the financial and family situation of each party in conjunction with the evidence provided and may satisfy the claim by changing the amount of payments.

Results

An alimony agreement is the best possible solution specifically for the alimony recipient. For the alimony provider, in some situations, this form of agreement is not a very good option, especially if his financial situation is not stable, and he does not know what it will be like tomorrow or simply does not want to pay alimony for his child.

However, one should take into account the fact that by refusing to make payments and fulfill its direct obligations, the payer is not released from liability. Long-term non-payment of alimony can lead to court, communication with bailiffs, growing debts that may turn out to be unaffordable, and even seizure of property. To avoid all the problems described above, it is enough to fulfill your duty and pay alimony without delay.

How to terminate

Termination occurs in the same way as changes are made. If the parties terminate the document by mutual consent, then a termination agreement is drawn up and notarized. If no agreement is reached, terminating the contract unilaterally is prohibited by law. You will have to prepare a statement of claim in court. Read about how to do this with instructions and judicial practice on our website.

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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When an agreement is invalid

If it was drawn up in violation of the norms of civil procedural legislation, then it can be declared invalid in court. Conditions that allow termination of the agreement include:

• Conclusion of a contract by an incapacitated person, if the legal representative did not give consent to the transaction.
• Signing a document under pressure (threat, deception).
• Indicating the amount of alimony below that established by law.
• Inconsistency of the form of the document with legal requirements.

Please note that alimony already transferred for a minor child cannot be recovered unless the fact of violence, threats or deception towards the payer or the fact of falsification of documents is established (Article 116 of the RF IC).

Sample agreement on child support for a parent

statements:

Agreement on payment of child support for a parent

When the document is concluded

An agreement for a child is often drawn up during a divorce. But not always. An alimony agreement is also drawn up during marriage.

For example, a wife and husband do not live together, but they do not intend to divorce. In order to provide maintenance for the child and comply with the law, they decide to draw up an agreement according to which the man will transfer money to the mother’s card every month for the maintenance of their common child.

A case from one's life. One of my friends entered into such an agreement while she was married and living with her husband and three children. She motivated it by the fact that her husband rarely allocates money for children, and every time “there is no strength to ask for the next obligatory expenditure.” And the husband didn’t mind - just half of the salary went to his wife’s card every month :).

To help you, I provide a downloadable sample agreement on the payment of alimony between spouses (docx, 20.1 KB)

Is it possible to go to court with a claim for alimony if there is already an agreement?

The Family Code establishes two procedures for paying and collecting alimony:

• By the tribunal's decision.
• By agreement - pre-trial.

Persons who wish to receive alimony have the right to go to court if there is no agreement - under Art. 106 SK. Apply for a court order to collect alimony in shares of income or draw up a statement of claim if there is a dispute between you and the defendant, or if necessary, assign alimony in a fixed amount.

If an agreement for the payment of alimony was drawn up and certified by a notary, but its terms are no longer relevant, and the payer categorically disagrees with your arguments, you have the right to initiate litigation for the calculation of alimony if:

• Convince the payer to terminate the agreement by mutual consent and have this decision certified by a notary.
• Apply to the court with a claim for termination of the agreement, and after the court decision enters into force, you will be able to appeal to the court with a claim for the calculation of alimony.
• Combine 2 demands at once in one statement of claim: for termination of the alimony agreement and for the collection of alimony - based on Art. 151 Code of Civil Procedure.

To put it simply, in order to collect alimony through the court, if there is an agreement, you will first have to terminate the current contract.

Download the required sample claim for alimony:

Statement of claim for the recovery of alimony for one child (DOC, 31 KB)

Statement of claim for 2 children (DOC, 33 KB)

Statement of claim for 3 or more children (DOC, 34 KB)

Is it possible to conclude an agreement after a court decision?

There are cases when a decision regarding alimony was made by the court, but the parties want to change the written conditions by drawing up an agreement. For example, the court determined that the amount of payments was insufficient, because did not take into account the receipt of “gray” income by the payer.

I’ll say right away that a court decision that has entered into force is mandatory for execution - Art. 13 Code of Civil Procedure. That is, it is impossible to draw up an agreement and not pay attention to the current document on the collection of alimony.

If the parties nevertheless drew up an agreement in the presence of a court decision, then the recipient will immediately have two documents in his hands that have the force of a writ of execution. And the payer will have to either comply with both decisions or go to court with a demand to declare the agreement invalid.

If child support was collected in court, and you decided to draw up an agreement with more favorable terms, then you have the right to conclude not a notarial, but a settlement agreement - Art. 153.8 Code of Civil Procedure. You will have to apply to sign the agreement to the same court that made the decision on alimony.

In your application please indicate:

• Name of the court.
• Information about the parties to the case (claimor and debtor).
• The essence of the matter is when and what decision the court made, to provide information about the enforcement proceedings.
• Describe what agreements on alimony were reached between the parties and what grounds there were for this.
• Ask the court to approve the settlement agreement.

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.

What to do if alimony is not paid according to the agreement

If a debt is formed under an agreement, the guilty person bears responsibility in the manner prescribed by this agreement.

During the divorce, the spouses entered into a notarized agreement, according to which the ex-husband is obliged to transfer 15 thousand rubles monthly for the maintenance of the child. But the man sends only 5-6 thousand rubles.

In such a situation, a woman has the right to initiate forced collection of alimony and the resulting debt. To do this, you should contact the FSSP, presenting the original contract to the bailiffs and writing a statement of collection.

For your information. If the agreement is drawn up orally or is not notarized, then the bailiffs will not accept the application for collection - a document without notarization does not have the force of a writ of execution.

See also: What is the liability for non-payment of alimony this year - when is it criminal and when is it administrative?

Consequences of failure to comply with the agreement

If the payer fails to comply with the terms of the notarial agreement on the payment of alimony, the following consequences may occur for him:

1. If a debt arises through his fault, he bears responsibility in the manner prescribed by this agreement - Art. 115 RF IC.
2. The recipient of the payment can forcibly collect the debt through bailiffs.
3. The likelihood of being held accountable under Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation in case of non-payment of alimony for more than 2 months from the date of initiation of enforcement proceedings without good reason.
4. The bailiff can seize his property (with its subsequent sale), and the funds in bank accounts/deposits - paragraph 7 of paragraph 2 of Art. 12 118-FZ.
5. As part of enforcement proceedings, a temporary restriction may be established on his departure from the Russian Federation (Clause 1, Subclause 15, Article 64 229-FZ), on driving vehicles with a debt amount of more than 10 thousand rubles. (Article 67.1 229-FZ).
6. If the payer repeatedly fails to pay child support without good reason, he may face criminal liability - in the form of punishment by correctional/forced labor for up to a year, or arrest for up to 3 months, or imprisonment for up to 1 year - p. 1 tbsp. 157 of the Criminal Code of the Russian Federation.

Important! The payer’s malicious evasion of paying child support, in combination with other circumstances (inattention/rude treatment of his child, ignoring his reasonable requests, etc.), may be grounds for deprivation of his parental rights in court.

What are the advantages of a notarial agreement?

An obvious advantage is the ability of the parties to independently determine conditions that are important for themselves and for their common children, which would not be considered and taken into account in court.

The mother of the child can ask the father to increase the amount of payments required by law. The alimony payer has the opportunity to negotiate a reduction in the amount of payments. All clauses of the agreement can be adjusted by mutual consent (these actions will also require notarization).

The advantages are as follows:

• Mutually beneficial conditions.
• Quick resolution of issues.
• Avoiding possible conflicts, because the document is drawn up on a voluntary basis.
• No judicial intervention.

On the Internet I came across an interesting video about how a family from Gelendzhik was able to maintain their salary thanks to a notarial agreement. Take a look too:

Amount of alimony

The amount of alimony payments specified in the agreement can be any. The parties have the right to choose:

• fixed amount;
• interest on income.

Parents take into account the cost of living and the needs of the child, as well as the financial capabilities of the payer. The law determines the limit on payments only in the case of forced collection, but if payment is made voluntarily, then the parent can provide the child with any financial assistance.

According to the law, in the case of determining the amount of percent of earnings, the following is established:

• up to 25% – for one minor;
• up to 33% – for two children;
• up to 50% – for three or more children.

It is important to take into account the amount that the court would assign if a claim were filed. As for the fixed amount of payments, this method is often used if the payer’s income is unstable. Then an approximate amount is determined, usually not lower than the established regional subsistence level.

What is specified in family law about the agreement - table

The IC chapter 16 is devoted to the agreement. The main points are described in the table and supported by articles from the law, so that you know which norms to refer to when drawing up, amending and terminating.

Sample agreement on payment of child support in a fixed amount

statements:

Agreement on payment of child support in a fixed amount

Crib

1. The agreement is concluded by the parties in the absence of disagreements on the issue of payments.
2. Notarization and written form are mandatory conditions for drawing up a document.
3. The amount of alimony, terms and order of payments are specified in the agreement.
4. The conditions must not violate the interests of the minor, therefore the amount of alimony cannot be lower than what the child could receive if alimony was collected in court.
5. The parties can make changes to the document and terminate it only by mutual agreement. Unilateral refusal of an alimony agreement is not provided for by law. If one of the parties is against, the issue is resolved in court.
6. It is issued both in marriage and in divorce.

Who has the right to enter into an agreement on the payment of alimony

Only persons who are bound by alimony relations by force of law have the right to enter into an agreement. Persons who are not obligated to pay alimony do not have the right to enter into such an agreement.

The Family Code of the Russian Federation provides a complete list of persons obligated to pay and receive alimony:

1. parents must support their children, including disabled adults;
2. adult children - their needy, disabled parents;
3. the needy spouse receives maintenance from the other;
4. other family members - in the absence of parents, children or spouses.

Accordingly, all these persons have the right to draw up an agreement that determines the amount, conditions and procedure for paying 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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