Agreement on the payment of alimony: a sample. Notarial agreement on the payment of alimony

Divorces rarely end with the maintenance of friendly relations between spouses. Usually they generally begin to quarrel. And there are no agreements with regard to children on the payment of alimony and the division of property. But not always so bad. Sometimes people try to sign an agreement on the payment of alimony. A sample contract, a clearance procedure and all the nuances that the parties should know will be presented below. This process in itself does not bring many problems to parents, if you approach it correctly. So in the course of what should be the wife?

Do I sign a contract

The first question that arises from citizens: "Do you have to deal with paperwork at all and conclude an agreement?" Maybe, you can do without it, too? Yes, everyone has such an opportunity. After all, people are able to agree among themselves on the payment of money for the maintenance of a child without paperwork. You can say, in good conscience. Then the agreement on the payment of alimony to parents will not be required.

Nevertheless, such a step does not give any guarantees of receiving money for maintenance. Therefore, it is often the formalization of the contract that, in the event of which, it is possible to apply to the court and forcibly collect the debt from the paying citizen. In the absence of this paper, there is no obligation on the person transferring money.

Who gets paid

The next question that interests the population: "Who is supposed to receive money for maintenance?" With whom can an agreement for the payment of alimony be concluded? A sample of this document will be given later. First, you need to understand all the features of the agreement. At the moment, in Russia there are only a few cases in which citizens have the right to collect money for maintenance both in court and in peaceful form.

Alimony is paid:

• To all minor children;
• Adult students who study at the full-time department of universities to 23 years;
• Wives in the decree (or pregnant women);
• Women on parental 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 underage children. But recently there was one more thing that usually comes to court. This agreement on the payment of alimony to parents. Especially for those who did not engage in raising a child. In this situation, parents first try to collect peacefully the alimony from the grown up children, and if this fails, they go to court.

When to decorate

It will also be useful to know when an agreement for the payment of alimony can be made. In Russia, it is allowed to resolve this issue peacefully before going to court. That is, at any time, until the court session. The deadline is a direct judicial debate. That is, about alimony in any case, you can almost always agree. And formalize the relevant agreement. By the way, women can file for alimony for themselves and for the child, even being in an official marriage with the payer.

Practice shows that usually the contract is concluded directly during the divorce or in advance. When it comes to the payment of cash for the maintenance of parents, the action takes place at the request of potential recipients of money.

In other words, there are no time limits on the issue under study. A notarial agreement on the payment of alimony in this or that case 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 the agreement on the payment of money for maintenance, you can at any time without formalization formalize it.

Form of agreement on the payment of alimony

How correctly to conclude the studied agreement? This is an important point. Now in the Russian Federation the form of the agreement on the payment of alimony can be different. It all depends on what kind of agreement is involved.

So, in the case of an informal conclusion of an agreement, one can dispense with a verbal form. That is, citizens peacefully agree on everything among themselves, and nobody deals with paperwork.

But if you need documentary evidence, the form of the agreement on the payment of alimony is only written. And it is expressed in a detailed contract, which prescribes all the features of payments. Moreover, the agreement can be expressed by an amicable agreement in court or by a notarized paper. Everything depends on where exactly and when exactly the citizens decided without an enforceable contract to agree on the payment of funds.

Change of conditions

You should pay attention to the fact that almost any contract can be changed. But only under certain conditions. A change in the agreement on the payment of alimony takes place. You can at any time turn to the notary and change the previously established conditions. But here it is necessary to take into account one nuance: all changes must take place only by mutual consent. Unilaterally, you can not change the terms of the contract. This is not allowed neither to the payer nor to the recipient of funds.

Otherwise, after paying the state fee (350 rubles in 2016) for making changes to the contract, one can come to a notary and change the terms of the agreement established earlier. In this case, the parties must give written consent for the finalization of the contract. This is extremely important. Otherwise, all changes will be considered invalid.

Termination

And is it possible to terminate an alimentary agreement on some grounds? 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 the notary and conclude a new agreement in writing - on the dissolution of the previously concluded agreement. Unilaterally, this can not be done.

Also, the termination of the agreement is considered in connection with the expiration of the time limits fixed in the document for the payment of cash for the maintenance of a certain citizen. Very rarely, but it happens.

Most often there are other cases. The termination of the agreement on the payment of alimony takes place in the following situations:

• The attainment of children of majority;
• Death of the recipient of money or the payer;
• Changing the marital status of the recipient (for example, if the wife remarried);
• Achievement by a child of 3 years;
• If a minor was adopted or adopted;
• When the beneficiary (in the case of minors) is recognized as fully capable before reaching the age of 18 (emancipated);
• The payer has lost his legal capacity or ability to work;
• A sharp change in the financial position of the recipients of payments for the better.

The most frequent case is either the improvement of the financial position of the parents, or the death of the recipients, or the attainment of majority by children, for the maintenance of which money was paid.

Basic rules of registration

How to properly 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 met. After all, if there is a discrepancy with the established norms, the notary will not let the parties sign the 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 made to the alimentary agreement:

• It is not possible for an agreement to worsen a child's financial situation (usually relevant for making changes);
• The contract should not contradict the Russian legislation;
• A written form of the agreement is mandatory;
• The presence of a notary at the conclusion of an agreement (notarization);
• The alimentary contract is concluded by mutual and voluntary consent of the parties;
• It is possible to specify in the document standards for the implementation of care and upbringing, which are considered a deviation from the Family Code;
• The agreement should point out all the features and nuances of fulfilling maintenance obligations.

There are no more significant changes. It is recommended to take into account the rules in force in Russia for establishing minimum alimony. Sometimes inconsistency with these rules leads to the denial of the notary in the conclusion of the agreement.

Alimony on children

So how much is minimal in Russia to pay for the maintenance of children? Usually it is a question of collecting a percentage of the citizen's earnings. Less than the established norms of alimony can not be. If one speaks of an unemployed payer, then the minimum wage will be taken for potential earnings. A notarized agreement on the payment of alimony must imply a penalty 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.

Since July 1, 2016, the minimum wage in Russia is on average 7,500 rubles. If the alimony is collected by law or by agreement, then the minimum payments can not be less:

• 1 875 rubles for one minor;
• 2 475 rubles (if it is a question of 2 children);
• 3 750 rubles for 3 children or more.

In practice, a notary usually pays attention to fixed amounts and does not make an assertion if the previously listed norms are violated. Only in reality for 1 child on average in the contract people indicate 5,000 rubles of monthly payments.

Expression of alimony

What other points should I look for? Paying alimony is not just about money. Funds for human maintenance can be expressed in other ways. And then the sample agreement on the payment of alimony will be significantly different from all the others. What are the cases? 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 real estate to the recipient of alimony.

So, the sample of the agreement on the payment of alimony must include monetary monthly penalties. If we are talking about the transfer of real estate or material benefits, as well as a one-time payment, it is immediately accepted to implement the terms of the contract and make a receipt about the receipt of funds for the maintenance of a citizen.

Decor

The agreement on the payment of alimony to the spouse, children, as well as to the needy parents must be properly formalized. What will the citizens need to conclude this agreement? There are a variety of options for the development of events. But more often it is required to present:

• Direct agreement with details of maintenance obligations;
• Passports of the parties;
• Birth certificates for all children;
• Documents confirming the relationship of the payer and the recipient;
• Papers on divorce or marriage;
• A receipt for payment of notary services for the completion of the transaction;
• Information about the income of the payer.

If we are talking about the transfer of real estate, the list changes slightly. The agreement on the payment of alimony (a notary checks the provided package of documents without fail) will require:

• Identity cards of the parties;
• Documents that can corroborate;
• Receipt for payment of notarization services;
• Paper on ownership of the property transferred to the recipient;
• Cadastral passport of the real estate;
• Certificate of income of a potential payer.

Already on the spot the fact of the transfer of property to another person is formalized. The notary in this case issues a certificate confirming the rights to real estate. It is useful when re-issuing a certificate of ownership. This concludes the process. But what does an exemplary agreement on the payment of alimony 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 examples given are only templates, which you can rely on when drafting your own contract. What does the agreement on alimony look like? The sample, presented 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, hereby agree to pay alimony for a minor child, Ivan Ivanovitch, born on July 4,

By mutual agreement we decided that the Payer transfers the alimony monthly on the 25th day in the amount of 10 000 rubles to the account of Ivanova Maria Petrovna: (requisites 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 Anna Vasilievna Zinovieva, born in 1990, hereby establish the procedure for paying alimony for a common minor daughter, Zinoviev Marina Markovna.

Zinoviev Mark Antonovich undertakes to transfer a 1-unit apartment located at: Moscow, ul. Ivan Susanin, Building 30, Apt. 64, in the ownership of Marina Markovna. Since the transfer of the property to the daughter from the father all alimony obligations for the maintenance of the minor are removed.

Instead of concluding

That's all. Now it is clear how the agreement for the payment of alimony looks. The sample presented above is only a template. On a similar principle, citizens enter into alimony contracts in a more detailed form. Similarly, you should act if you want to conclude an agreement on the content of the needy parent or spouse. In fact, everything is not as difficult as it seems.