Divorces rarely end in maintaining friendly relations between spouses. Usually they generally begin to quarrel. And no agreements are reached regarding children on the payment of alimony and the division of property. But not always so bad. Sometimes people try to make an agreement to pay child support. A sample contract, the registration procedure and all the nuances that the parties should know will be presented below. This process in itself does not bring too many problems to parents, if you approach it correctly. So what should the spouses know?
To draw up a contract
The first question that arises among citizens: "Is it necessary to do paperwork and conclude some kind of contract?" Maybe you can do without him too? Yes, everyone has the opportunity. After all, people are able to agree among themselves on the payment of money for the maintenance of a child without paperwork. It can be said, in conscience. Then an agreement to pay child support is not required.
Nevertheless, such a step does not give any guarantees of receiving money for maintenance. Therefore, it is often the execution of the contract that allows, in which case, to go to court and forcibly recover the debt from the citizen-payer. In the absence of this paper, the person transferring the money has no obligations.
Who are they paying for?
The next question that interests the population: "Who is supposed to receive cash for maintenance?" With whom can an agreement to pay child support be made? A sample of this document will be given later. First you need to understand all the features of concluding an agreement. At the moment, in Russia there are only a few cases in which citizens have the right to recover funds for maintenance both in a judicial proceeding and in a peaceful form.
Alimony is paid:
- all minor children;
- full-time undergraduate students up to 23 years old;
- women on maternity leave (or pregnant);
- women on maternity leave;
- needy parents;
- spouses, if they are in a difficult financial situation.
The most common case is the payment of alimony for the maintenance of minor children. But recently, another moment has appeared that usually comes to court. This is a parental support agreement. Especially for those who did not raise a child. In this situation, parents first try to peacefully recover child support from grown-up children, and if this fails, they go to court.
When to design
It will also be useful to know when exactly the agreement on the payment of alimony can be concluded. In Russia, it is allowed to resolve this issue peacefully before going to court. That is, at any time, until the hearing. The deadline is an immediate judicial debate. That is, in any case, you can always agree on child support almost always. And draw up an appropriate contract. By the way, women can file alimony for themselves and the child, even when they are officially married to the payer.
Practice shows that usually a contract is concluded directly during a divorce or in advance. When it comes to paying money to support parents, the action takes place at the request of potential recipients of the money.
In other words, there are no time limits with respect to the issue under study. A notarial agreement on the payment of alimony in one case or another is concluded before a court decision, when the parties agree on the date of signing the relevant securities. Even if there was a verbal form of an agreement to pay money for maintenance, you can formalize it officially at any time without a court.
Alimony Agreement Form
How to conclude the studied arrangement? This is an important point. Now in the Russian Federation, the form of an agreement on the payment of alimony can be different. It all depends on what kind of agreement we are talking about.
So, in the case of an unofficial conclusion of the agreement, you can do with the verbal form. That is, citizens peacefully agree on everything among themselves, and no one is engaged in paperwork.
But if documentary confirmation is required, then the form of the agreement on the payment of alimony is only written. And it is expressed in a detailed agreement, which prescribes all the features of payments. Moreover, the contract can be expressed by settlement in court or by notarized paper. It all depends on where exactly and when exactly the citizens decided to agree to pay money without judicial coercion.
Change of conditions
It should be noted that almost any contract can be changed. But only subject to certain conditions. A change to the child support agreement is taking place. You can contact a notary at any time and change the previously established conditions. But here one nuance will have to be taken into account: all changes should take place only by mutual agreement. Unilaterally, you cannot change the terms of the contract. This is not allowed to the payer or the recipient of funds.
Otherwise, after paying the state fee (350 rubles in 2016) for amending the contract, you can go to the notary public and change the terms of the agreement previously established. In this case, the parties must give written consent to finalize the contract. This is extremely important. Otherwise, all changes will be considered invalid.
Termination
But is it possible for some reason to terminate the alimony agreement? Yes, there is such an opportunity. Only the termination of the agreement on the payment of alimony is carried out with the mutual consent of the parties. To do this, at any time, citizens must come to a notary public and conclude a new agreement in writing - to terminate the previously concluded agreement. It cannot be done unilaterally.
It also considers the termination of the agreement in connection with the expiration of the deadlines established in the document for the payment of funds for the maintenance of a citizen. It is extremely rare, but it happens.
Other cases are most common. Termination of an alimony agreement takes place in the following situations:
- children reaching adulthood;
- death of the payee or payer;
- change in the marital status of the recipient (for example, if the wife remarried);
- the child reaches the age of 3 years;
- if the minor is adopted or adopted;
- when the payee (in the case of minors) is recognized as fully capable before they reach the age of 18 (emancipate);
- the payer has lost legal capacity or capacity for work;
- a sharp change in the financial situation of payees for the better.
The most common case is either an improvement in the financial situation of the parents, or the death of the recipients, or the coming of age of children, for the maintenance of which money was paid.
Basic rules for registration
How to conclude an agreement on the payment of alimony? A sample of this document will be presented later. The first step is to know what conditions must be followed. Indeed, in case of non-compliance with the established standards, the notary will not allow the parties to sign an agreement.
That is why it is important to understand what conditions must be met. In fact, everything is not as difficult as it seems. At the moment, in Russia, the following requests are being made to an alimony agreement:
- it is impossible for the agreement to worsen the financial situation of the child (usually relevant for making changes);
- the contract must not contradict Russian law;
- a written form of agreement is required;
- presence of a notary public at the conclusion of an agreement (notarization);
- an alimony agreement is concluded by mutual and voluntary agreement of the parties;
- you can specify in the document the norms for the implementation of care and education, which are considered a deviation from the Family Code;
- the agreement should indicate all the features and nuances of the implementation of maintenance obligations.
No further significant changes. It is recommended to take into account the current rules in Russia on the establishment of minimum child support. Sometimes non-compliance with these rules leads to the refusal of a notary to conclude an agreement.
Child support
So how much is the minimum in Russia to pay for the maintenance of children? Usually we are talking about recovering a percentage of the citizen’s earnings. Alimony cannot be less than established norms. If we talk about an unemployed payer, then the minimum wage will be taken for potential earnings. A notary agreement on the payment of alimony shall impose penalties in the following minimum amounts:
- 25% of earnings when it comes to one child;
- 33% pay for 2 children;
- 50% for 3 or more minors.
Starting July 1, 2016, the minimum wage in Russia averages 7,500 rubles. If alimony is collected by law or by agreement, the minimum payments may not be less:
- 1 875 rubles per one minor;
- 2 475 rubles (if we are talking about 2 children);
- 3 750 rubles for 3 children and more.
In practice, a notary public usually pays attention to the established amounts and does not certify if the previously listed norms are violated. In reality, on average, in an agreement, people indicate 5,000 rubles of monthly payments for 1 child.
Expression of alimony
What other points should I pay attention to? Payment of alimony is not only money. Funds for the maintenance of a person can be expressed in other ways. And then the model of the agreement on the payment of alimony will be significantly different from all the others. What cases are we talking about? How can alimony be expressed? The forms of such payments are as follows:
- monthly cash payments;
- material wealth;
- one-time large payment of money;
- transfer of property to the recipient of alimony.
So, a model of an agreement on the payment of alimony should include a monthly monetary penalty. If we are talking about the transfer of real estate or material goods, as well as a one-time payment, it is customary to immediately implement the terms of the contract and draw up a receipt on receipt of the established funds for the maintenance of a particular citizen.
Decor
The agreement on the payment of alimony to the spouse, children, as well as needy parents must be properly executed. What will citizens need to conclude this contract? There are various scenarios. But most often it is required to present:
- direct agreement with details of maintenance obligations;
- passports of the parties;
- birth certificates of all children;
- documents confirming the relationship of the payer and the recipient;
- papers about divorce or marriage;
- receipt for payment of notary services to certify the transaction;
- certificate of income of the payer.
If we are talking about the transfer of real estate, the list is changing a bit. The agreement on the payment of alimony (the notary checks the submitted package of documents without fail) will require:
- identity cards of the parties;
- documents that can confirm kinship;
- receipt for payment of notarization services;
- papers on ownership of property transferred to the recipient;
- cadastral passport of real estate;
- certificate of income of the potential payer.
Already on the spot, the fact of transferring the property to another person is made out. In this case, the notary issues a certificate confirming the rights to real estate. It is useful when re-issuing a certificate of ownership. This ends the process. But what does an example of an alimony agreement look like?
Samples
In general, there is no single answer. After all, each contract is individual. Therefore, you should pay attention to the fact that the above examples are only templates that you can rely on when drawing up your own contract. What does an alimony agreement look like? The sample below is suitable for recovering money from a minor's parent.
We, Ivanov Ivan Ivanovich (hereinafter referred to as the Payer) born in 1965, and Ivanova Maria Petrovna (hereinafter referred to as the Recipient) born in 1970, by this agreement establish the payment of alimony for a common minor child - Ivanov Mark Ivanovich, born on July 4, 2006.
By joint agreement, we decided that the Payer transfers monthly alimony on the 25th day in the amount of 10,000 rubles to the account of Ivanova Maria Petrovna: (details of the Recipient).
You can look at another agreement on the payment of alimony. A sample of it is suitable for the transfer of property.
We, Zinoviev Mark Antonovich, born in 1986 and Zinoviev Anna Vasilievna, born in 1990, hereby establish the procedure for paying alimony for the common minor daughter, Marina Markovna Zinoviev.
Zinoviev Mark Antonovich is obliged to transfer a 1-room apartment, located at: Moscow, st. Ivan Susanin, house 30, apt. 64, the property of Marina Markovna. From the moment the property is transferred to the daughter, all maintenance obligations for the maintenance of the minor are removed from the father.
Instead of a conclusion
That's all. Now it’s clear what the alimony agreement looks like. The sample above is just a template. By a similar principle, citizens conclude child support contracts in a more expanded form. Similarly, you should act if you want to conclude an agreement on the maintenance of needy parents or spouse. In fact, everything is not as difficult as it seems.