Termination of an agreement to pay alimony

Relations between spouses on issues related to the payment of alimony, the amount, form of payment and timing are regulated not only by enforcement proceedings, but also by a civil law agreement concluded by the payer and the recipient.

The document contains mandatory clauses and is subject to notarization. The contract is designed for a long period, mainly until the young person reaches adulthood. But quite often such an agreement is terminated ahead of schedule.

This happens for a variety of reasons.

In what cases is it possible to terminate an alimony agreement?

• Passports or IDs of both spouses;
• Notarized agreement on payment of alimony;
• Papers evidencing the relationship of the parties (certificates of birth of children, marriage, divorce, adoption, establishment of paternity);
• Certificate of payment of the required state duty.

Such mutual understanding between spouses is rare, so one of the parents has to resort to court with a statement of claim. Termination of the alimony agreement occurs as a result of:

• A sharp change in the financial situation of a party, caused by both an increase in the level of income received and a decrease in it.
• Changes in the social status of former spouses (for example, the entry of alimony into a new marriage).
• The birth of children in the families of the parties and the resulting additional responsibilities.
• Other circumstances making the clauses of the negotiated agreement impracticable.

Claims presented as conditions for termination of the contract are confirmed in court by facts: written documents, official certificates, explanations of witnesses, photo and audio materials.

Decor

An agreement providing for financial contributions for the maintenance of children is terminated in the manner established for such cases. A settlement agreement on alimony existing between the parties can be terminated if the following conditions are met:

1. This requires the free will of the payer and recipient of funds. Spouses do not have the right to change or cancel the contract unilaterally.
2. The agreement may be terminated at any time during its validity.

The contract should be canceled in stages:

• It is necessary to reach an agreement between the spouses on the issue of canceling the terms of the settlement agreement. The procedure is carried out in accordance with written form. The document must be certified by a notary.
• If the payment of money by the payer was established by an agreement on the basis of which the funds were transferred in shares of earnings, then after termination a document must be submitted to the administration of the institution to stop payments.
• If there have been serious changes in the financial or family situation of the parties that make it difficult to reach an agreement between them regarding amendments to the agreement, then it is necessary to go to court, which will help terminate the agreement without infringing on anyone’s interests.

A lawsuit initiated at the request of one of the parties takes place in an open and adversarial environment.

Spouses can present their arguments, objections, and also initiate an appeal against the legality of alimony collection. In support of their position, meeting participants present various evidence.

The magistrate's court, having examined the case materials and listened to the explanations of the parties, makes a binding decision.

1. A letter is sent to the other spouse with a proposal to terminate the document on alimony payments. It must be accompanied by acknowledgment of delivery.
2. It is necessary to wait for a response from the counterparty within the period specified by law (Article 452 of the Civil Code of the Russian Federation - 30 days)

Cancellation of a contract through court

• name of the court;
• information about the plaintiff: full name, place of residence according to passport, telephone numbers;
• similar information about the defendant;
• witnesses (if any);
• terms of the concluded agreement (parties, amount of funds);
• grounds for changing the alimony payment agreement and facts supporting them;
• appeal to the court (termination, reduction in the amount of deductions, cancellation or amendments to the content);
• list of attached documents;
• date and signature.

It is possible to justify a significant change in financial or family status, as well as to challenge the terms of the contract with reference to various circumstances. Such factors leading to the termination of a notarial agreement on the payment of alimony existing between spouses are:

• Decrease in income for one party or the other. For example, the payer is no longer able to pay the agreed amounts, or the recipient expresses a desire to ask for an increase in the amount of assistance.
• An increase in the recipient’s income that exceeds the payer’s earnings or, on the contrary, a sharp improvement in the financial condition of the person obligated to pay alimony.
• Changes in the marital status of the parties (for example, the debtor had children in another marriage or there was a need to help disabled parents, as a result of which payment of alimony would put him in difficult financial conditions).

Invalidation of the alimony agreement

Agreements on the payment of alimony, like all such transactions, are regulated by civil laws. Thus, paragraph 2 of Chapter 9 of the Civil Code of the Russian Federation invalidates an agreement drawn up with deviations from the provisions of the law. All such agreements on the payment of funds to children can be either voidable or void. The first type includes transactions concluded:

• Citizens whose legal capacity has been limited by court due to alcohol and drug abuse.
• With capable subjects who are not able to direct their actions and understand their meaning at the time of execution of the contract.
• In violation of the interests of the recipient of funds.

• Not meeting legal requirements (failure to comply with the notarial form) or diverging from morality or principles of law and order.
• Feigned or imaginary, in particular, with the intention of convincing the judge that the debtor does not have the funds necessary to pay alimony.
• Mentally incompetent prisoners.
• One party of which is a citizen who has not reached the age of majority.
• With a significant violation of the interests of a minor.

It is possible to challenge an agreement when alimony obligations are formalized using deception or threats.

Consequences of termination

After cancellation of the contract, the provisions that were specified in it also lose their meaning. In these circumstances, the question of how to cancel the alimony agreement no longer arises.

The parties resign their obligations. A person who has suffered from the contract has the right to demand recovery of a monetary amount of damage caused to him.

Compensation can be obtained through the court by filing a statement of claim indicating the amount of damages.

In practice, the return of previously paid money is possible in situations where the agreement was signed under duress, or it was drawn up accompanied by deception, forgery, or forgery of a court decision. In other circumstances, a refund of the transferred amount does not apply.

Procedure for terminating an agreement to pay alimony

An agreement on the payment of alimony is a type of civil law agreement, concluded with the aim of resolving issues regarding the amount, form, and timing of the provision of alimony for a common child. Although the alimony agreement is concluded for a long period, in practice there are often cases of its early termination.

The conclusion, execution, invalidation and termination of an agreement on the payment of alimony are regulated in detail by general civil legislation, namely the Civil Code of the Russian Federation.

Family legislation (the norms of Articles 99-102 of the Family Code of the Russian Federation) regulates only specific features associated with the conclusion, termination, execution and invalidation of alimony agreements.

In what cases is it possible to terminate an alimony agreement?

The parties may terminate the alimony agreement in the event of a significant change in the family or financial situation of the payer or recipient of alimony. If voluntary termination fails, the interested party has the right to go to court to resolve the dispute. The judicial authorities can relieve the alimony payer of his obligations or significantly minimize the financial burden on him by issuing an appropriate court decision. Typically, a change in the financial and marital status of the parties to an alimony agreement means the following circumstances:

• A sharp increase in a party’s income (for example, when the recipient of alimony has much more income than the payer).
• A sharp decrease in the income of the payer or recipient of alimony (when the payer does not have the financial ability to pay the previous amount of alimony or the recipient of alimony needs a larger amount for maintenance, and the payer has a real opportunity to provide it).
• A significant change in the marital status of a party to the agreement (the alimony payer may enter into a new marriage and have other children, and the fulfillment of obligations to pay alimony puts his new family and child in a difficult financial situation).

• An alimony agreement can only be terminated by mutual agreement of the payer and recipient of alimony, that is, one party cannot independently refuse to fulfill the terms of the alimony agreement without the reciprocal consent of the opposite party.
• The alimony agreement can be terminated by the parties at any time.

The procedure for terminating an alimony agreement takes place in several main stages:

• The parties to the agreement reach an agreement regarding the termination of the agreement. Termination of the alimony agreement must be made in writing, and compliance with the condition of notarization of the termination of the alimony agreement is mandatory.
• If the agreement on the payment of alimony was the basis for the transfer of a percentage of the payer’s salary by his employer, then after termination of the agreement, the alimony payer must submit a document to the accounting department of the employer company to stop deductions from his salary.
• If the financial or family situation of the parties has changed significantly and the parties have not reached an agreement on what changes to make to the document in connection with this, then the interested person must go to court to further resolve the issue of terminating the agreement.

Appeal to the magistrate's court is carried out by filing a special statement of claim.

The claim process in this case will be adversarial and open in nature, the parties will take part in the court hearing, present their arguments, objections, and evidence to confirm their position.

The court, after studying the case materials and listening to the positions of the parties, makes an appropriate decision on the alimony dispute, which is binding.

Invalidation of the alimony agreement

Recognition of alimony agreements as invalid and application of the consequences of invalidity is possible only within the limitation period established by Article 181 of the Civil Code, namely within one year from the moment when the person learned or should have learned about the existence of circumstances that are the basis for declaring the agreement invalid.

If the alimony agreement was concluded under the influence of a threat or violence, then the limitation period begins from the moment the threat or violence ceases.

When challenging an alimony agreement, which by its terms violates the rights of an incapacitated recipient of alimony (for example, a child), the limitation period begins from the moment when the legal representative, prosecutor or guardianship authority learned of the violation of rights.

Alimony agreements can be either voidable or void. The following types of agreements are void:

• Agreements that do not comply with the requirements of the law or other legal acts (for example, if the notarial form is not followed) and concluded for a purpose contrary to morality or the fundamentals of law and order.
• Imaginary or feigned alimony agreements (for example, those entered into to convince the court that one of the spouses does not have sufficient funds to support the other person who is entitled to receive alimony from him).
• Agreements that are concluded with a person declared incompetent by a court due to a mental disorder.
• Alimony agreements concluded with a minor citizen who has not reached the age of 14 years.

The following types of alimony agreements are voidable:

• Agreements concluded without the consent of the trustee by a person whose legal capacity is limited by the court due to the abuse of alcoholic beverages and narcotic drugs.
• Agreements concluded with capable persons who are not able to direct their actions and understand them at the time of conclusion.
• Agreements concluded under the influence of a significant misconception, under the influence of deception, threat, violence, malicious agreement of a representative of one party with the other.
• Alimony agreements that significantly violate the interests of the incapacitated alimony recipient.
• Agreements concluded without obtaining the consent of a legal representative by a minor citizen aged 14 to 18 years.

• Restoring the previous state of the parties: the recipient of alimony must return to the payer everything received under the agreement in kind, and if this is not possible, reimburse the cost in cash. Reverse collection in accordance with paragraph 2 of Article 116 of the Family Code is possible in cases where the alimony agreement was concluded under the influence of violence, threat or deception on the part of the alimony recipient, while reverse collection is not allowed if the corresponding actions were committed by the guardian of the incapacitated spouse.
• The party to the agreement has the right to demand compensation for losses that it suffered as a result of the invalidity of the alimony agreement. In this case, the plaintiff must prove in court the causal relationship between his losses and the conclusion of the agreement, which will require documentary evidence.

The application of the consequences of invalidity and the recognition of a voidable agreement as invalid are carried out only by the court in the manner of claim proceedings.

In the first case, the statement of claim can be submitted to the court by any interested party whose rights were violated by the terms of the alimony agreement, and in the second - only by the person specified in the law.

For example, a statement of claim to the court to invalidate a voidable alimony agreement can be filed by the guardian of the incapacitated spouse, as well as by a representative of the guardianship and trusteeship authority or a prosecutor.

Termination of a notarial agreement on the payment of alimony: invalidation of the agreement on the payment of alimony

An agreement on the payment of alimony is a civil document that regulates the procedure, amount and form of payment of alimony obligations for the maintenance of minors or disabled citizens - members of the same family for a long period of time.

Typically, the contract is concluded before the child comes of age or the spouse acquires working capacity and on other grounds. But, there are situations in which early termination of alimony obligations and termination of a notarial agreement on the payment of alimony is required.

In this article we will discuss in detail the question of whether it is possible to terminate an agreement to pay alimony, consider the reasons for early termination of obligations and the responsibility of the payer in this case.

Reasons for termination of the Agreement

Termination of an agreement to pay alimony can be made for various reasons. For example, the payer evades his obligations or has been declared incompetent.

It is also possible that there may be a banal misunderstanding between the parties in the process of making changes to an existing document (clause 4 of Article 101 of the RF IC on amendments to a notarial alimony agreement).

Let's consider the main reasons for which termination of the Agreement is legally justified:

• reduction in working capacity by 50 percent or more, decrease in income (the alimony payer is not able to pay the established amount);
• a significant increase in the recipient’s income (the recipient of alimony restores his ability to work and is able to provide for himself or his child);
• the emergence of new first-priority dependents (the payer, having entered into a new marriage, gave birth to or fostered minor children and is not able to ensure the fulfillment of alimony obligations in the established amount);
• loss of legal capacity of the payer.

Thus, the parties can terminate the contract in the event of a significant change in the financial or family situation of one or both participants in the process.

Important ! The main condition for termination of the alimony agreement is the voluntary consent of the parties. That is, the recipient of alimony voluntarily refuses to receive payments, and the payer must agree to terminate the fulfillment of his obligations.

The courts will minimize or reduce to zero the financial burden of alimony obligations, if there are legal grounds for this.

In this case, judicial practice makes a decision to terminate the agreement to pay alimony, thereby removing the burden of financial burden from the payer.

Termination of the Agreement

To terminate a relationship with alimony obligations early, you must follow the rules:

• execution of an agreement to terminate the agreement to pay alimony must be in writing and certified by a notary;
• It is not permissible to force anyone to express a desire to stop paying alimony, there is no violence against the person of the recipient;
• the contract can be terminated at any time during its validity if there are legal grounds.

Stages:

1. The parties reach an understanding and voluntarily agree to stop payments.
2. Registration of termination in writing, notarization of signatures.
3. Notification of the employer of the alimony payer about the termination of his obligations for monthly contributions (if such a practice was used).

ADVICE ! If disagreements arise already at the first stages of dissolution of the relationship, then a claim should be filed in court for consideration of the case.

Arbitrage practice

The court hearing in this case is adversarial in nature, when the parties are obliged to present factual arguments in defense of their interests.

In order to file a claim for termination of an alimony agreement in the magistrate’s court, you must indicate the following points:

1. Details of the judicial authority to which the claim was sent.
2. Personal data of participants in the trial (full name, date of birth, passport, telephone).
3. Information about witnesses (if any).
4. Title: “Statement of claim for termination of the agreement to pay alimony.”
5. The essence of the matter is the grounds for the judicial authorities to make a decision (links to regulatory documents).
6. Petition to the Court (termination, reduction of payments, change of form, etc.).
7. Application.
8. Date of.
9. Signatures of the participants.

The court makes a decision on the basis of the attached evidence, however, upon termination of the contract, it has the right to order payment of alimony in a fixed amount of money, if such a request was stated in the claim by the recipient and has legal grounds.

Invalid

This type of contract may be declared invalid if it was concluded in violation of the requirements of the law. There are voidable and void types of invalid acts. These may be sham agreements, or those concluded with gross violations, for example, with the use of violence against the parties.

An agreement to pay alimony can be declared invalid only in court on the basis of a filed claim and the presence of the reasons specified in Art. 101 SK and Art. 102 RF IC.

The agreement may be declared invalid within one year from the moment when circumstances were discovered that violate the legal rights of the parties to the agreement. (Article 181 of the Civil Code of the Russian Federation)

Recognizing the agreement as invalid entails the cancellation of the established obligations under it and holding the participants liable:

• return by the recipient of all funds paid to him in cash or in kind;
• compensation for losses incurred as a result of the concluded agreement.

The court may set the period for the invalidity of the contract to begin from the moment of its signing or after the entry into force of the court decision.

Conclusion

In a situation where there are no peaceful agreements on the performance of their duties between the parties to the alimony agreement, you should think about how to terminate the alimony payment agreement, or invalidate it in the event of a gross violation of the law. This article aims to help you understand this issue most effectively.

How to terminate an alimony agreement?

In what cases can an agreement be terminated and how can this be done? Termination of the alimony payment agreement is possible simply by mutual agreement of the parties at any time.

If agreement on termination of the agreement cannot be reached, the only possible way to terminate the agreement to pay alimony is to resort to termination in court.

However, for termination through the court, in accordance with paragraphs 2 and 5 of Art. 101 of the RF IC, a necessary condition will be a significant change in the financial or marital status of the parties. In this case, the court will be obliged to take into account all the circumstances of the case affecting the legitimate interests of the parties. Below we will consider the procedure for terminating an agreement to pay alimony by agreement of the parties and through the court.

How to terminate an agreement to pay alimony by agreement of the parties out of court?

How to terminate an alimony agreement out of court? This type of termination, according to Art. 99 and paragraph 2 of Art. 101 of the RF IC, can be initiated by any party: both the alimony payer and the recipient, that is, the parent living with the child or the legal representative of the child’s interests.

A necessary condition for terminating an agreement to pay alimony is that the parties reach mutual agreement. If the parties agree to terminate the agreement, they must enter into a written agreement to terminate the child support agreement.

Just like a terminated agreement, the termination agreement must be certified by a notary. In the absence of a notarization, in accordance with clause 3 of Art. 163 Civil Code of the Russian Federation, clause 1, art. 100 and paragraph 2 of Art. 101 of the RF IC, the termination agreement will be declared void.

Simultaneously with the drawn up termination agreement, the parties must submit the following list of documents to the notary:

1. A notarial agreement on the payment of alimony, which is subject to termination;
2. Identification documents of each party;
3. Documents about the relationship of the parties: marriage certificate (divorce), child birth certificate, adoption certificate or paternity certificate.

The certificate of termination is paid with a state fee of 200 rubles, according to Art. 22 Fundamentals of the legislation of the Russian Federation on notaries and paragraphs. 12 clause 1 art. 333.24 Tax Code of the Russian Federation.

How to terminate an agreement to pay alimony through the court?

If one of the parties to the agreement experiences a significant change in their financial and family situation and, in connection with this, you want to terminate the alimony agreement that does not meet the changed circumstances of life, you may encounter misunderstanding on the other side. In this case, the only way to terminate the agreement will be to file a claim in court, in accordance with clause 4 of Art. 101 IC RF.

Let's consider the procedure for terminating the agreement in court.

We send a proposal to terminate the agreement to pay alimony to the other party

You must submit a formal termination proposal to document that your proposal has been received by the other party, who may be reluctant to discuss the termination or the termination itself. Your offer must be in writing and must include a description of the reason for terminating the agreement and a deadline for responding to the offer.

If the proposal does not indicate a response period, before sending the application to the court, you will have to wait 30 days from the date of sending the proposal to the other party, in accordance with paragraph 1 of Art. 101 of the RF IC and clause 2 of Art. 452 of the Civil Code of the Russian Federation.

To record the time and fact of receipt of the proposal by the other party, we recommend that you send the proposal by post with acknowledgment of receipt and a list of documents. Once you receive the notice, you will have a document that clearly shows the court that your offer was received by the other party.

We are preparing a statement of claim and accompanying documents for the court

The information that must be indicated in the statement of claim is listed in parts 1 and 2 of Art. 131 Code of Civil Procedure of the Russian Federation:

1. In the upper address part of the application, in the upper right corner, we must indicate the name of the court where we are submitting the application;
2. Indicate your details, that is, full name, address of residence and contact information for feedback - telephone and email;
3. Defendant's details: full name, residential address, telephone and email;
4. Information about the circumstances of concluding an agreement on the payment of alimony, that is: the date of conclusion, the parties who entered into the agreement, the details of the child for whose maintenance you are transferring funds and the amount of alimony;
5. The grounds for termination of the agreement and the facts and circumstances that support these grounds. In particular, to prove significant changes in the financial and marital status of the parties to the agreement, you can indicate the following circumstances, according to section. VIII, XI Review, approved by the Presidium of the RF Armed Forces on May 13, 2015.
6. Loss of ability to work by the alimony payer;
7. Significant decrease in the payer’s income level;
8. The emergence of new dependents and, in connection with this, a significant increase in expenses; — Illness of a family member with evidence of increased expenses;
9. — The fact that the child for whom child support is paid goes to work or opens his own business.
10. Data on sending a proposal to terminate alimony to the other party; According to the Code of Civil Procedure of the Russian Federation (Article 132) and paragraphs. 3 p. 1 art. 333.19, sec. 2 p. 2 art. 333.36 of the Tax Code of the Russian Federation, you must attach to the claim:
11. A notarial agreement on the payment of alimony, which you require to be terminated. The agreement can be submitted as a copy. — If the agreement on the payment of alimony was not notarized or was not concluded in writing, this will indicate that the agreement was not concluded according to the rules established by the RF IC and, accordingly, the court will refuse to satisfy the claim for termination of this agreement, according to section XI Review;
12. Proof that you sent the other party a proposal to terminate the alimony agreement;
13. Evidence that confirms a significant change in the financial or marital status of the parties to the agreement; — Copies of the application and documents attached to it for the second party (defendant);
14. Receipt for payment of state duty in the amount of 300 rubles. (In some cases you may be exempt from paying state fees);
15.  If the application is submitted by your representative - a power of attorney for the representative, certified by a notary, and identification documents of your representative.

We submit the prepared statement of claim and documents to the court. We take part in the court hearing

Cases on termination of an agreement to pay alimony are considered in accordance with paragraph 4 of section. II Review and clause 4, part 1, art. 23 and art. 28 of the Code of Civil Procedure of the Russian Federation, in the magistrate’s court at the defendant’s place of residence. The application must be sent to this magistrate's court.

The period for consideration of your application for termination of the agreement to pay alimony in the magistrate's court will be up to one month after receipt of your application. According to Art. 153, part 1 art. 154 of the Code of Civil Procedure of the Russian Federation, the court notifies the parties of the appointment of the time, date and place of the court hearing.

The adopted court decision can be appealed within a month after its adoption. If no appeal is received, the decision comes into force in accordance with Part 1 of Art. 209 and part 2 of Art. 321 Code of Civil Procedure of the Russian Federation.

The court makes a decision even if you are not present at the court hearing. In this case, you will receive a copy of the court decision by mail. A copy of the decision is sent to your address within five days after the decision is made in final form.

You can also submit a request (or express consent) to post a copy of the court decision on the official website of the court on the Internet in a separate section, with access to it only for the parties and other participants in the process.

This option is possible if the court has the appropriate technical capabilities (see Part 1 of Article 214 of the Code of Civil Procedure of the Russian Federation).

If, on the basis of an agreement on the payment of alimony, which has the force of a writ of execution (see clause 3, part 1, article 12 of Law No. 229-FZ of October 2, 2007), enforcement proceedings were initiated against you (see part. 1, Article 30 of Law No. 229-FZ), then the termination (cancellation) of the agreement to pay alimony by court decision will be, in accordance with clause 5 of Part 2 of Art. 43 of Law No. 229-FZ, constitute a basis for the bailiff to terminate enforcement proceedings.

Termination of an agreement to pay alimony

The process of terminating an existing alimony agreement is a common occurrence in the practice of a divorced couple. The most common reason is a change in the circumstances of payment of maintenance by one of the parties, in accordance with the signed agreement.

Child support agreements sometimes require revision due to changing circumstances

The reasons for such a situation to arise are varied. From changes in circumstances on the basis of which the person providing maintenance is deprived of this opportunity. Before any disagreements arise at the time of signing and concluding an agreement on the payment of alimony. Any of the credible and eligible reasons is grounds for termination of the alimony agreement.

Making changes or completely terminating the alimony agreement

The drawn up agreement confirming the payment of alimony may undergo changes or be subject to complete termination based on mutual agreement of the parties. Making any kind of changes or completely terminating the document unilaterally is unacceptable . The procedure for carrying out any procedure is to be formalized in writing and certified by a notary.

A person interested in receiving payments, in the event that the parties do not come to a compromise solution regarding the issue of paying alimony, has every reason to file an application with the court. Such an action is advisable only if the change made to the document or the decision to terminate the agreement to pay alimony is not agreed upon with the opposite party.

They go to court if mutual agreement is not reached between the parties.

The same rules apply if this issue is not agreed upon within the prescribed period. Otherwise, according to the law, the period is equal to thirty days from the moment the application was received from the interested party. When considering a case related to the payment of alimony, representatives of the panel of judges, when making a decision, take into account:

• marital status and financial security of the parties;
• regularity of income to the person obligated to pay alimony amounts;
• personal interests of the parties.

The procedure of judicial practice suggests a reduction in the amount of alimony paid for the defendant in the case where the second parent of the child got a job with a higher pay.

The amount of wages must significantly exceed the defendant's income.

The peculiarity that should be taken into account is that there are no grounds for filing an application with the judicial authorities for forced collection of the amount of alimony payments until the alimony agreement is terminated.

Termination of alimony payments

There are a number of circumstances that are legal grounds for terminating an alimony agreement:

• fulfillment of obligations and completion of the period for making payments specified in the agreement;
• mutual decision of the parties specified in the document to stop payments.

Termination of alimony payments

However, there is an early procedure for terminating alimony payments and the reason for this is a number of circumstances:

• Death of any of the parties included in the agreement.
• When the marital status of the party receiving alimony payments changes.
• The child turns three years old. This part stops the payment of assistance to the person who cared for the child during this period.
• Change in the social status of a child for whom documents on payment of alimony have been drawn up: adoption or adoption.
• The agreement is terminated due to the recognition of a person under eighteen years of age as fully capable. The basis for this is independent income generation to fully satisfy all personal needs.
• A conclusion confirming the incapacity or incapacity of the person paying alimony.
• The procedure for terminating an agreement on early alimony payment presupposes the presence of a recorded fact of a crime being committed by the person receiving payments in relation to the party paying alimony. Similar measures are taken against a person who abuses alcohol or uses domestic violence.

Invalidation of an agreement to pay alimony

In judicial practice, a decision is often made to recognize an agreement to provide maintenance to a person caring for a child after a divorce as invalid. This kind of application to recognize a document as invalid can be submitted to the courts by one party to the process, representatives of the parties by proxy, a prosecutor or guardianship authorities.

An agreement to pay alimony may be declared invalid if there were violations in its preparation.

An agreement to pay alimony is invalid only on the following grounds.

• Violation of the age limit for concluding such agreements. The legislation provides for the recognition of an agreement signed by a person between the ages of fourteen and eighteen years as invalid in the absence of documentary confirmation by the legal representative of the person.
• The fact of pressure in the form of threats, violence or deception on any of the parties specified in the agreement was recorded. The decision to file a second claim can be made no later than one year from the date the pressure ceased.
• The judicial authority clearly makes a decision on the invalidity of the agreement if the amount of alimony payments is indicated below the level established by law. In this situation, the rights of the party in need of security are violated.
• In the process of concluding an agreement on the payment of alimony, violations of the drafting form were recorded.

Here are all the reasons for invalidating an agreement. Considering the frequent termination of an agreement, it is necessary to understand that the procedure for signing an agreement is accompanied by a number of nuances that must be provided for without fail. This is done to avoid recognition of it as invalid.

The parties must have a clear understanding of responsibility for the provided personal data and the ability to make necessary changes to the agreement. Any action taken with the agreement: a change made, early termination or invalidation, leads to the suspension or complete termination of alimony payments.

Attention! Due to changes in legislation, the legal information in this article may not be relevant! Our lawyer can advise you free of charge - write your question in the form below:

Termination of alimony agreement

Termination of an alimony agreement is not uncommon. Most often, it is due to the fact that the person obligated to pay maintenance does not fulfill his obligations under the contract (that is, refuses to provide maintenance to the recipient), or the parties cannot reach agreement on key issues of the contract when it is changed.

In what cases is termination possible?

The alimony payment agreement may be terminated if both parties consider it necessary and possible . that is, the recipient will waive his right to receive alimony maintenance and recognize the payer's right not to provide such maintenance. In this case, the payer must agree to terminate the relevant legal relationship (although the opposite situation is almost never observed).

The alimony agreement can be terminated in the event of a significant change in the financial and marital status of the parties .

If this cannot be done voluntarily, the interested party can go to court.

The judicial authorities have the right to reduce to zero or minimize the financial burden on the payer by making an appropriate decision. Typically, a change in the position of the parties to an agreement is understood as:

• a sharp decrease in a party’s income (for example, the payer is not able to pay the previous amount or the recipient needs a larger amount for his maintenance);
• a sharp increase in a party’s income (when, for example, the recipient of alimony has much higher income than the payer);
• change in the marital status of a party (for example, the obligated person may enter into a new marriage and have new children, and the fulfillment of alimony obligations may put the new family in a difficult financial situation).

How to terminate an agreement

To terminate an alimony agreement, certain formalities must be observed.

1. First, termination of the contract must be in writing. In this case, it is necessary to comply with the condition of notarization of the termination of the agreement.
2. Secondly, an alimony contract can only be terminated by mutual consent of the parties, that is, one party cannot refuse to fulfill the terms of the agreement without the reciprocal consent of the opposite party.
3. Thirdly, the alimony agreement can be terminated at any time.

Termination of an agreement to pay alimony. Notarial and judicial practice

The current legislation of the Russian Federation, namely, a number of regulations of the Family and Civil Codes, provides for the establishment and receipt of alimony through an agreement on the payment of alimony.

For an alimony lawyer in the context of resolving a family dispute, invalidation of an alimony agreement is a difficult task, since Article 102 of the Family Code of the Russian Federation (abbreviated as the RF IC or SK) provides for serious restrictions on the termination of such agreements.

How alimony payment agreements are drawn up and terminated

The agreement on the payment of alimony does not have an approved form; it can be prepared independently or with the help of our legal center, and notarized by the nearest notary.

In accordance with paragraph 1 of Art. 101 of the RF IC, the rules of the Civil Code of the Russian Federation governing the conclusion, execution, termination and invalidation of civil law transactions are applied to the conclusion, execution, termination and invalidation of an agreement on the payment of alimony. An agreement as a legal document does not have an approved form, but has certain legal features, which include, first of all, the legal nature of the transaction, which is manifested in the out-of-court execution of this document.

It should be noted that the agreement on the payment of alimony has a dual content: on the one hand, it reflects the nature of the legal relationship between the payer and the recipient of alimony funds in accordance with the norms of family law. On the other hand, the agreement is a civil document, the content and nature of which correspond to the norms and requirements of civil law.

The alimony agreement can be changed or terminated at any time by mutual agreement of the parties.

The change or termination of the agreement on the payment of alimony must be made in the same form as the agreement on the payment of alimony itself (clause 2 of Article 101 of the SK), i.e. in writing with mandatory notarization.

Legal grounds for invalidating an agreement

The legitimacy of a civil document on the payment of alimony depends on the correctness of its preparation, the wording that defines the conditions, amount and procedure for paying alimony.

It should be noted that the fact of violation of legal norms and requirements is established exclusively through the court by filing a corresponding statement of claim by the recipient of alimony.

Only on the basis of a court decision, the application of the consequences of recognizing the invalidity of an agreement on the payment of documents will have legal force.

The Family and Civil Codes of the Russian Federation clearly define the grounds for recognizing the invalidity of a transaction for the payment of alimony.

For example, the reason for recognizing the invalidity of a document on the payment of alimony may be misconceptions, deception, unfavorable circumstances, and so on, which became the reason for drawing up an agreement between the parties.

In addition, in accordance with paragraph one, article one hundred of the Family Code, a legal agreement on the payment of alimony is concluded exclusively in writing, followed by mandatory notarization.

According to articles one hundred and seventy-one and one hundred and seventy-two of the Civil Code of the Russian Federation, the nullity of a transaction will be recognized provided that one of the parties is officially determined to be incompetent due to a mental disorder, or, alternatively, has not reached the age of majority. Violation of the interests of the recipient of alimony will also be considered a basis for recognizing the transaction as null and void.

For example, a violation of Article One Hundred and Three of the Family Code, which regulates the amount of alimony paid for minor children, and so on, may be considered a reason for invalidating an agreement to pay alimony.

By the way, in jurisprudence the concept of “violation of interests” has an evaluative nature. For this reason, the court considers the applicant’s arguments about violation of interests exclusively on an individual basis, taking into account all the circumstances.