How to prove that you paid alimony - confirmation of payment of alimony

In this article we will consider the question: how to confirm payment of alimony.

How to prove the fact of payment of alimony?

If the case goes to court, the payer needs to collect evidence. Let's consider which of them the court will accept without question, and which will raise doubts.

Receipt

According to Article 162 of the Civil Code of the Russian Federation, the fact of transfer of funds can be confirmed by a receipt. It is important that it is clear from its text that the purpose of the payment is child support.

With regard to receipts, judicial practice does not contain a uniform position. There is an opinion that it is relevant if an alimony agreement has been concluded between the spouses or the court has made a decision to collect maintenance.

Receipt requirements

If a dispute arises, the receipt will be closely monitored. The document can be challenged and declared invalid. For this purpose, a special examination must be appointed by court decision. Let us pay attention to the basic requirements for paper:

1. Compiled on any sheet of paper (notebook, A4 format, notepad).
2. Handwriting should be legible so that there are no questions about the meaning of the text.
3. The text is written by hand or typed entirely from scratch, or you can use a form to fill out.
4. The amount of funds transferred must be indicated in digital form and in words.
5. The document should not contain corrections, blots, or ambiguous expressions.
6. Mandatory information must be provided, including:

• Full name, registration address, passport numbers and other information of each party;
• date of transfer of funds;
• sum.

1. Signatures of two participants are required.
2. Signatures of witnesses, only with their participation.

Fact

Attention! The presence of corrections in the receipt is the basis for liquidating the existing one and creating a new document.

Current account statement

Are there any other ways to prove that you paid child support? If money is transferred to a bank card, you must indicate the purpose of the payment. The payer should contact the bank to obtain a statement for the periods for which the recipient wants to receive alimony again.

Receipts for money transfers

It happens that money is transferred to the recipient by postal order. You must keep the receipt. It should contain information about:

• purpose of payment;
• sender and recipient;
• payment period.

Receipts are kept for three years after the transaction.

Certificate from place of work

In case of payment of alimony according to the writ of execution, it can be immediately transferred to the employer. Accounting controls the regularity of payments. The payer has the right to request a certificate with information about the amount and frequency of transfers. This evidence can be provided by citizens working under an employment contract

Receipts for child expenses

It happens that the ex-spouse himself buys the child clothes, toys, food, furniture, and pays for education. All receipts and contracts should be kept. It should be clear from them that the expenses were made for the benefit of the child.

Witness testimony

Witness testimony refers to circumstantial evidence. The payer can attract witnesses to confirm the fact of participation in the life of a minor, transferring money to the recipient, or giving gifts.

Audio and video recordings

When transferring money from hand to hand, audio and video recording is allowed. They also belong to secondary evidence. In some cases, the payer will be able to confirm that money was transferred and received.

Correspondence

Correspondence between spouses regarding expenses for a child is additional evidence of payment of alimony. The court will evaluate it along with other documents. The correspondence must be saved and screenshots taken.

What is the cost of living for a child for child support and what does it depend on?

When does it become necessary to confirm payments?

No one is immune from a sudden outbreak of conflict between an ex-husband and wife, which will result in the offended parent left with the child going to court to declare that the child support provider is shirking his responsibilities. Moreover, it is possible that the money will not be claimed for the past period.

What to do in such a situation? What evidence can be provided for payment of alimony? In practice, the need to prove the retention of money for a minor often arises in the following situations.

When there was no official basis for payments

The situation when the mother and father of the child do not enter into a notarial agreement or do not bother going to court is fraught with consequences for the obligated party. Only the recipient wins, because the receipt of money is not officially recorded anywhere. This point is especially relevant for those who want to apply for subsidies at the social welfare department.

But the payer should be careful. At any time, the recipient of funds has the right to apply to the court with a statement of claim for the recovery of alimony. Moreover, in accordance with paragraph 2 of Art. 107 of the RF IC, it is allowed to claim money for the previous three years.

The situation is complicated by the fact that it is required not only to prove that the father paid child support unofficially, but also to confirm that the contributions were intended directly for the child.

When enforcement proceedings are initiated for forced collection of debt

When there is an official basis for payments, citizens do not always care about choosing the appropriate method of transferring money. It happens that the father pays funds for the child “the old fashioned way” from hand to hand for a long time, fulfilling his duty, as expected, on time and in the required amount, and the woman at some point sends a writ of execution to the FSSP.

The result is the initiation of enforcement proceedings. From the moment the bailiff makes the decision, he begins to control the movement of funds.

In principle, this has no consequences for the man - he just needs to continue transferring money to the woman further.

But there are situations when, when making a demand to initiate proceedings, a woman indicates in her application the amount of the debt, insisting that the man allegedly did not make payments. It is not always possible for a father to prove to a bailiff that he paid alimony, especially when there is no written confirmation of this.

In this case, the bailiff sends the obligated party a copy of the resolution to initiate proceedings, which indicates the amount of the debt. The requirements of the FSSP employee must be fulfilled within 24 hours from the date of receipt of the document.

If the man fails to prove that he made contributions for the child, he will have to make payments again.

Evasion from execution of the bailiff's order may result in the payer being subject to administrative liability, blocking his accounts and other coercive measures.

When the bailiff made an incorrect calculation of the debt

When receiving a resolution with the amount of debt for payments, alimony workers are faced with a situation where the money paid turns out to be unaccounted for. This often happens if funds are received by a minor in various ways. Due to confusion, errors in calculations may occur.

In addition, even if payments are officially assigned, they must be transferred to the recipient in a certain order. Thus, the legislator distinguishes between the concept of alimony and additional expenses for children.

In addition, sometimes the payers themselves confuse the profits from which it is obligatory and not obligatory to withhold money for the child.

Fact

For example, if funds for children are transferred from an inheritance, this simply cannot be considered alimony.

One more point - you cannot deviate from the provisions of a notarial agreement or a court decision. If it specifies a specific payment method, you should pay according to it (Clause 1 of Article 116 of the RF IC). For example, in November 2017, case No. 2a-9159/2017 was heard.

The circumstances were as follows: the parents entered into an alimony agreement, according to which the father had to pay 30,000 rubles per month for the child.

But instead, he gave his mother the amount of 2,000,000 rubles (this fact was recorded in a receipt).

The woman, despite this, turned to the bailiff and stated that her ex-husband did not pay alimony. A calculation of the debt was made, which the child’s father tried to challenge in court.

The result of the dispute was the loss
of the man, since, according to the court, the terms of the alimony agreement were violated.

Thus, the alimony provider must always control the procedure for transferring money to a minor. This must be done using special documents.

How to appeal a court decision

Fact

If, when considering the case in court, the ex-husband failed to convince the court that he voluntarily paid alimony and never thought about evading it, this does not mean that he will be given a huge bill.

The person retains the right to appeal the decision to a higher judicial authority.

A complaint against a decision should be filed with a higher authority, and the document itself must include certain data:

• contact details of the court where the case was heard;
• details of the applicant;
• the meaning of the decision that needs to be checked for legality;
• the circumstances that served as the reasons for the protest;
• attached convincing evidence from which the court can learn about injustice;
• please cancel the decision in the case both in part and in full.

In the legal field there are two types of appeals against court decisions, named as:

1. Review on appeal. You are given 30 days after the decision is made to review the legality and, if you disagree, go to a higher court (the case was considered in the magistrate’s court - the appeal will be in the district court).
2. Review in the cassation court. Such a complaint can be filed after the decision has entered into force. The maximum period within which you can appeal is six months. In this case, a council convenes to consider how correctly the judge interpreted the rules of substantive law.

In any of the above scenarios, there will be a thorough check of the documents provided.

How can you file a counterclaim for alimony: sample

Filing a counterclaim is an excellent way to protect your rights when the defendant has claims against the plaintiff. This type of claim looks like a claim that is made in writing.

Claims are brought into proceedings that are already ongoing. Such a document can be submitted at any stage; the main thing is to do it before the verdict is pronounced.

The statement of claim is subject to strict requirements listed in the Code of Civil Procedure.

The claim must be submitted to the same place where the case is being considered.

The statement of claim must contain the following information:

• name of the court;
• details of the plaintiff and defendant;
• details of dependents for whose maintenance funds are collected and where they live;
• indications that the document is a statement of claim;
• part with a description, which contains an indication of the reluctance of mom, dad or other obligated persons to fulfill their parental duty;
• attached facts that confirm the previous paragraph;
• argumentation by reference to laws;
• the plaintiff’s demands, for example, a specific amount or percentage, how often to receive payments, and on what date is most convenient;
• autograph and date of completion.

An application in the form of a passport, marriage document, or divorce certificate, the child’s data, where the parents’ fields are filled in, a certificate that confirms with whom the minor lives, income certificates (if it is unofficial, it would be good to take care of evidence to oblige the debtor to pay from the real, not the minimal).

How to prove that you paid alimony according to the agreement?

In some situations, parents do not go to court to assign child support, but agree voluntarily and enter into a child support agreement. In this case, the question often arises: how to confirm the payment of alimony?

Article 99 of the Family Code establishes the obligation to conclude such an agreement with the help of a notary. It is at the moment of certification that such a document becomes official.

The parties can provide for any method of deduction from income, both payment by card and transfer of funds in person. If a dispute arises, the defendant can prove that he paid the fixed amount in accordance with the agreement and at the specified frequency.

How can the defendant prove to the bailiff that he paid alimony? In order to prove, you need to collect the documents that we looked at in the first chapter.

How to prove that you paid alimony without any agreement?

Sometimes the question of how to find out whether a person pays alimony is difficult to answer definitively, since the parties did not draw up any agreement and did not go to court for alimony.

And sometimes the situation is different; the parties did not take any action to certify the transfer of funds as alimony. And the help was voluntary.

But at some point, the ex-wife decided that the funds were not enough and went to court, demanding to collect alimony for the past time. Here the defendant begins to think that he paid alimony unofficially and how to prove this.

To find out the answer to the question of whether the defendant paid funds in favor of the child, the court will have to use evidence as evidence, as already clarified above, receipts should be prepared if the funds were transferred by mail, for example.

It is important that the purpose of the postal transfer is indicated in the text of the item.

Another method of transfer is transfer to a card. But how can the defendant prove that he paid child support using a bank card? Evidence may include a bank statement. By the way, it is considered reliable evidence.

If the mother wants to collect child support from the father for the entire limitation period

Article 107 of the Family Code states that alimony can be collected not only for the future, but also for the past period. This opportunity arises if the plaintiff proves evasion of child support, but not more than for three years.

Typically, a woman files for alimony if the amount that her husband transfers is insufficient. Especially if the child is young. After all, the amount of benefits paid by social security is very small. And if a woman does not yet live in her own apartment, but pays a mortgage, then, for obvious reasons, there are few funds.

Case studies

The Sovetsky District Court of the city of Tomsk considered Zykova’s claim against the FSSP service. In her statement, she indicated that an alimony agreement had been concluded between her and her ex-husband. The notary certified the document according to all the rules.

Zykov did not fulfill his duties for a long time. The plaintiff had not previously contacted the bailiffs, so she did not know about the existence of such a right until her friend’s husband told her. She kept hoping that her husband would come to his senses and start helping his daughter.

Asks to collect funds for the entire time.

The court refused, because according to Part 3 of Article 31 of the Federal Law “On Enforcement Proceedings”, if the period has expired and the court has not restored it, then this is a basis for refusing to initiate enforcement proceedings.

I paid alimony unofficially - how to prove the fact of payment and protect yourself in the future?

Registration and payment of alimony

24.10.2017

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6 min.

It happens that the father fulfills his duties towards the child voluntarily without a writ of execution or a written agreement. Everything is fine until the time when something seems wrong to the ex-wife. Then, in order not to pay anew for the last three years by a court decision, you will have to prove the fact of payment of alimony.

Marriages are always dissolved for important reasons, and relationships between former spouses are not easy.

Payments of alimony, if a couple split up without quarrels or scandals, often occur as a result of a verbal agreement.

Many people consider drawing up a written agreement unnecessary: ​​intelligent people, they separated peacefully, we trust each other, I will pay anyway - these and similar arguments are given as justification.

But a simple legal document can make life much easier.

After all, it is possible that at some point the recipient of alimony will feel that the other party is not paying enough, or may simply want to take revenge, despite the seemingly good relationship at first glance.

It is not difficult for the recipient to take such a step: it is worth filing a court application for non-payment of alimony - Art. 107 SK. It states that through the court you can demand payment of alimony for the 3 years preceding the filing of the claim.

In court, you will have to prove that the father paid child support unofficially, but regularly and in a sufficient amount. But if you make it clear to the other half that everything is in order with the evidence, it is unlikely that the matter will come to trial. Some confirmations are unconditionally accepted by the court as evidence, while problems may arise with others. Reliable evidence includes:

1. 1. Receipts for money received. Each cash transfer is accompanied by a receipt, which records the fact, amount and purpose of the money.
2. 2. Certificates from the accounting department at the place of work. If alimony was transferred from earnings, all information is stored in the accounting department; it needs it for reporting.
3. 3. Bank payment statements. Non-cash transfers from a card or account can always be confirmed by bank statements; it is better if the purpose of the transfer was indicated - alimony.
4. 4. Receipts of postal orders. If you can request certificates and statements at work or at the bank, then receipts for postal transfers should be saved, because it is more difficult to obtain an answer to the request.

When transferring through ATMs, you should save receipts: lost ones cannot be restored.

There are other ways to confirm payment of child support. True, in court they are considered indirect or secondary, but the presence of such evidence increases the chances of success. These include witness statements. If there are people who can confirm regular payments for children, the court will take this into account.

Some parents, knowing the treachery of their other half, insure themselves with audio and video recordings made at the time of the transfer. Fortunately, it’s easy to do them using your phone. But again, legal illiteracy fails: the court considers a simple receipt to be indisputable evidence, while evidence obtained using the latest technical means is considered dubious.

A receipt is the most reliable evidence of payment of alimony under an oral agreement. There are no special requirements and no uniform form.

It can be drawn up by hand on a regular sheet of paper, but it must be legible in form and unambiguous in content. It does not require witnesses or notarization. If a receipt is contested, an examination is appointed.

If very large amounts of money are being transferred, it is better to obtain a notary’s certificate.

Since the receipt is recognized as a full-fledged legal document, it must be drawn up in compliance with certain rules. It must indicate the last names, first names, and patronymics of both parties: the payer and the recipient.

When an error is made, the receipt should be rewritten rather than corrected. Both parties sign.

The document can be drawn up in one copy, which is kept by the payer, or better yet, in two – one for each party. To avoid having to write by hand every time, you can create and print forms. Only the date, amount and signatures of the parties must be filled in by hand.

If the case goes to court and it was not possible to prove the unofficial payment of alimony, a decision is made to repay the debt, there is nothing left to do but accept and pay, or the decision can be appealed. A complaint is filed with the court stating:

• information about the court that considered the claim;
• personal data of the applicant;
• a summary of the court decision that gave rise to the dissent;
• reasons for challenging it;
• proof;
• request for full or partial reversal of the decision.

You should pay very close attention to the evidence. If nothing new can be provided to the court, time and effort should not be wasted: the ruling will remain unchanged. Its revision in favor of the plaintiff is possible only if there is new indisputable evidence.

It is quite possible that the payer was unable to thoroughly prepare for the first trial and did not have time to collect documentary evidence of payments. Some people believe that they have nothing to prove, because they paid, which means they are right.

And only a court decision to recognize a debtor sobers up and forces you to take the collection of evidence seriously.

There are two ways to appeal a court decision. The first is an appeal. Considered by a higher authority, 30 days are allotted for appeal. After the decision comes into force (after 30 days), the husband can file a cassation appeal within 6 months. Considered by a judicial commission.

The reference to Article 107 of the Family Code, when the mother wants to receive alimony for 3 years before filing a claim, is valid if the norms of the law are fully complied with. In paragraph 2 of Art.

107 contains a significant clause: you can recover the full amount if there were attempts to resolve the issue before the claim, and they ended in vain. The proof of this fact is up to the court.

If there was an oral agreement under which the defendant fulfilled his financial obligations, he will not have to pay for the previous 3 years.

If money is transferred in cash, the only document confirming this fact is a receipt.

There is nothing to be shy or overly trusting here. For additional expenses for the child (treatment, food, rest), a receipt is also taken if there is no written agreement on alimony. When making bank transfers, you should not forget about the purpose note: indicate “alimony for (year and month).” In postal transfer forms, you should also not forget about this note.

It happens that the ex-wife refuses to accept money to support the children. But before she reaches adulthood, she can still apply for alimony. Then you may have to pay a substantial and unaffordable amount.

However, you can insure yourself against surprises in a completely legal way. You should open a deposit account in the baby’s name and top it up every month. By the time you reach adulthood, you will have accumulated substantial funds, including interest.

They can be spent after 18 years.

It will not be possible to withdraw funds before the mother reaches adulthood: third parties do not have access to accounts opened for children, and such a person, in this case, is considered to be the mother.

Applying to the guardianship and trusteeship authorities for permission, which they, in principle, can give, is very troublesome; it is difficult to prove the feasibility of withdrawing a child’s deposit.

So the father can always prove in this way his participation in the financial support of the children if he goes to court.

Paid alimony unofficially - how to prove and confirm

Obligations for the maintenance of minor children are assigned to each of the parents in the RF IC. In the event of actual separation or divorce, the party with whom the child remains has the right to receive alimony for his maintenance from the former spouse. Problems arise when the husband wonders if he paid alimony unofficially: how to prove it?

It often happens that people try to resolve the situation peacefully and agree that the money will be transferred in cash or via bank transfer, while the ex-spouses will not enter into an agreement with a notary or seek payment through the court.

This decision is fundamentally incorrect from a legal point of view: if a woman decides that she does not receive enough child support or wants to harm her ex-lover, she can apply to the court to recover funds. At the same time, in addition to alimony, arrears for the last three years are also collected. here evidence of payment of alimony will be required if the payer actually fulfilled his obligations.

When does it become necessary to confirm payments?

The first popular reason why alimony payers have to present evidence of the transfer of funds is the initiation of enforcement proceedings, according to which they undertake to pay alimony.

Nothing changes here, and payers still have to pay a certain amount of money for children, but strictly within the deadlines, because For each day of delay, a penalty of 0.5% of the debt amount may be imposed.

Everything becomes more complicated when the father conscientiously fulfills his obligations for several years in a row, but for some reason the mother decides to collect alimony from him for this period, and the money changes hands. It is difficult to prove the fact of transfer of finances, but it is possible - this is not a hopeless situation.

Important! According to Art. 107 of the RF IC, the recipient can go to court for alimony at any time, but money is collected only for the last three years preceding the date of filing the claim.

Let's consider a typical situation:

The husband and wife divorced in 2015, leaving their two children with their mother. The former spouses agreed that the father would bring 30,000 rubles monthly. for their content. The man fulfilled the agreement in good faith, but in 2017 she decided that this money was not enough and, without informing her ex-husband, she filed a claim in court.

In the lawsuit, the woman indicated a demand for the collection of funds for the period from 2015 to the current time. At the meeting, the man presented evidence confirming the fact of timely transfer of money, due to which the plaintiff’s demands were not satisfied.

The court ordered the father to only pay 33% of his salary for the maintenance of the children in the future, in total this amounted to 23,000 rubles.

It turns out that the ex-wife, through her actions, even reduced the amount of transfers, because after the execution of the writ of execution, the spouse will transfer only the amounts calculated by the bailiff.

When enforcement proceedings are initiated for forced collection of debt

It is necessary to distinguish between the collection of alimony by court and monetary payments that were agreed upon by the parties without involving the court and bailiffs - these are different concepts. In the first case, the ex-spouse undertakes only to transfer alimony for the past period without assigning a penalty.

If a writ of execution was previously issued, but for some reason the payer did not fulfill its obligations under it, when the claimant applies to the court, a penalty is imposed for the entire time period. Also, the alimony payer may be held administratively or criminally liable for evasion, depending on the circumstances.

If a man conscientiously pays money for child support for several years, and at one point the woman decides to file an application to the court to collect alimony, he will have to obtain evidence, otherwise he will have to transfer the funds already paid.

1. She may be interested in the case materials and petition for additional measures to be taken by the FSSP officer.
2. If the payer hides from obligations, the bailiff seizes his accounts, describes his property or puts him on the wanted list.
3. If the child support holder is not hiding and is officially employed, a copy of the writ of execution is sent to his place of work, where monthly deductions are made in the accounting department in favor of the children. The payer's consent is not required for this.

The most problematic issue is how to confirm the payment of alimony. If a man manages to prove that he independently brought money to his ex-wife, he undertakes to transfer only monthly payments, the amount of which depends on his salary. No funds will be collected for the past period.

How everything happens in a situation when enforcement proceedings are initiated:

1. A woman applies to the court to recover money for the last three years. After reviewing the documents, the judge issues a decision to satisfy the claim, and a writ of execution is drawn up.
2. With the writ of execution, the claimant turns to the bailiff, who undertakes to comply with the court decision. Enforcement proceedings are being initiated.
3. A copy of the resolution to initiate an individual entrepreneur is sent to the payer. It indicates the amount of debt that he must repay within 24 hours from the date of receipt of the document.
4. The person obligated to pay alimony has to pay the money again.

The latter can be avoided if it can be proven that the funds were transferred to the ex-wife in a timely manner and earlier, because they decided that alimony would be paid without drawing up an agreement or legal proceedings. If there is no evidence, the debtor will have to pay the specified amount within the established time frame.

When the bailiff made an incorrect calculation of the debt

It also happens that the bailiff does not take into account previously paid money when calculating the debt. This usually happens if funds were transferred in different ways: for example, cash and bank transfer. To avoid such problems, you need to follow simple rules:

• When transferring finances, take a receipt from the recipient. This will allow it to be used as evidence in the future;
• when transferring through a bank, indicate the purpose - alimony - in the comments or notes to the application. If, for example, you write that money is being transferred to a child as a gift, this amount may not be recognized as alimony, and the bailiff will oblige the payer to pay the full amount of the obligatory payment established by the court.

Important! Financial assistance to a minor, money for gifts and other payments cannot be recognized as alimony, because do not go towards its maintenance, so you should always indicate the purpose of the payments.

If an agreement was concluded between the parties on the transfer of alimony on a voluntary basis, its points must be strictly followed.

If the document states that the payer undertakes to pay money in a fixed amount on certain dates, this must be done, otherwise funds transferred to the other party not according to the schedule may not be counted as alimony in the future.

An example is court proceedings in 2017. Then the woman went to court, arguing that her ex-husband was obliged to pay money for the last two years.

Previously, during a divorce, an agreement was drawn up between them, according to which the men were obliged to transfer a fixed amount every month - 30,000 rubles.

At first he did just that, but then he decided to transfer 2,000,000 rubles at once. towards the future tense.

The court counted this amount as financial assistance to the minor, and not as alimony, so the payer had to pay the money for the entire period specified by the plaintiff in the statement of claim.

How to confirm payment of alimony?

Having studied several effective methods, you can understand how to prove that alimony was paid on time and the plaintiff’s demands for recovery of the amount are illegal:

• Keep all checks and transfer receipts. This is relevant if funds are transferred to the recipient via mail or bank. They must indicate the purpose of the payment, details of the recipient and sender, as well as the time period for which the funds are transferred. It is advisable to keep these documents for the next three years after the operations are completed.
• Order a bank account statement. If the father regularly transfers funds through his personal account from a card or through a bank office, you can contact its employees directly to issue a statement for all periods for which the mother is trying to collect child support.
• If money is handed over personally, make audio and video recordings. A few years ago, they were officially accepted as evidence in court, so men can also use them to prove their case.
• Each time you transfer funds, require a receipt from your ex-wife. It must indicate the full name. recipient, passport details, date and place of transfer of alimony, amount, as well as purpose - alimony. The recipient's signature is always added at the end.
• Bring witnesses. If uninterested parties were present each time payments were transferred, they may be called upon to testify in court.
• Order a certificate from your place of work. If alimony was withheld automatically, but for some reason was not counted and the bailiff again demands payment, the certificate can serve as evidence. It indicates the exact dates of the transfers and their purpose.

Using the materials presented above, the payer can prove his case in court if the ex-wife claims that he did not pay benefits for the maintenance of a common child, although in fact payments were made.

Another problem that alimony obligees face is that they do not know how to prove that alimony was paid on a card.

Everything is very simple here: when using your personal account in online banking, the payment history is displayed with comments about the purpose. For example, Sberbank has such a function.

If the payer uses a card from another financial institution, you will have to visit its branch in person to order a statement.

There is another option - issuing a certificate remotely. Clients of Tinkoff, Alfa Bank and other financial organizations have this opportunity: just send an online request, and after a while the document will be sent by email.

Is a receipt considered admissible evidence?

Registration of a receipt for payment of alimony is interpreted ambiguously by law. According to the Civil Code of the Russian Federation, it can be used when issuing money in debt and in alimony legal relations.

This clarification was given by the Supreme Court in 2016, but some judges still do not accept the receipt as an official document, arguing that it must be certified by a notary, otherwise its legal validity is in question.

Some judges believe that a receipt certifies receipt of funds if it is drawn up in accordance with all the rules and contains the necessary information. There is also an opinion that it is relevant only if an agreement on the payment of alimony or a writ of execution was previously concluded between the parties.

In the future, everything depends on the judge, but now in most cases the receipt is accepted as secondary, and not the main evidence, as well as witness statements.

Rules for drawing up receipts

The receipt does not require notarization and can be drawn up in simple written form, but basic rules must be followed:

• Clearly describe all the circumstances of the transfer of money: when, where and at what time they were transferred to the recipient, in what place (indicating the address).
• Despite the fact that the printed format of the receipt is not prohibited by law, it is best to refrain from this method and fill out the document by hand. If necessary, a calligraphic examination can be carried out in the future if the ex-wife states that she did not see the money from the payer.
• It is recommended to draw up the document in the presence of witnesses - this will increase the chance of establishing justice during legal proceedings. Only non-interested persons can testify, and their details must be indicated in the receipt, and their signatures will also be required.

There are also certain requirements regarding the content of the receipt itself:

• It must be completed in clear handwriting. Errors and omissions that distort information are not allowed.
• The amount of money transferred to the recipient must be indicated in numbers and in words.
• When writing the amount, rubles and kopecks are indicated separately.
• It is desirable that the document contains the signatures of two parties at once - the alimony payer and the recipient.
• The receipt must contain full name. parties, passport details, place and date of transfer of funds, purpose - alimony, information about the child, amount and signatures of the parties.

If at least one of the points is not observed, there is a possibility that the document will not be accepted as evidence, and the alimony obligee will have to look for another solution to the problem.

If the payer does not know how to prove to the bailiff that alimony was paid, he can provide a receipt and other documents indicating the faithful fulfillment of alimony obligations.

In the absence of evidence, there is a possibility that the money will be recovered in court, because sometimes not only men who are obliged to pay alimony, but also women who receive it unofficially act dishonestly.

How to prove the fact of payment of alimony if the funds were transferred by oral agreement, rules for drawing up a receipt

Most orders of alimony payments to a minor child are made by the court during the application of the alimony recipient.

  There are cases when former spouses decide not to adhere to the procedure established by law and transfer alimony payments without legally confirmed agreement of the parties.

What to do if there is a need to confirm child support payments? How to prove that alimony was paid?

How to appeal a court decision

If the payer filed an application with the court and could not prove that he voluntarily paid alimony and did not evade payments, then the citizen has the right to appeal to a higher court and appeal the decision. It is necessary to file a complaint on the basis of a preliminary decision and the assigned amount of payments. The documents must include the following information:

1. information about the court that heard the case regarding the assignment of alimony payments;
2. applicant details;
3. the reason why the applicant is applying;
4. the circumstances that led to the conversion;
5. a request to cancel a court decision or change the amount of alimony payments if it was assigned for a certain period (for example, for the last two years).

The complaint itself does not have a standard template; you just need to adhere to the official writing requirements.

The legislation of the Russian Federation provides that a review of a court decision may be:

1. on appeal. What does it mean? The applicant is given exactly thirty days from the date of the court decision to appeal it. He must appeal to the magistrate's court with a complaint.
2. The case is being reviewed by the cassation court. In this case, the complaint is filed if the decision has already entered into force. You can appeal the decision up to six months from the moment it was rendered by the court. In this option, a council will be assembled to consider the case regarding the assignment of alimony payments.

When there was no official basis for payments

If the parents do not enter into an agreement, then this is fraught with consequences. Only the recipient of alimony will benefit, since there was no fact of payment, and he can calmly file a lawsuit to recover alimony payments for a certain period.

This point is relevant if the recipient plans to apply for a subsidy or child benefit.

The payer should be careful and reinsure himself. It is very important that there is confirmation of the transfer of money (payment of alimony). At any time, the recipient can file a lawsuit and demand collection of debt for the last three years.

It will be very difficult to prove not only that the money was transferred to the recipient of alimony, but also that these proceeds were intended for the child.

When does it become necessary to confirm child support payments?

One of the riskiest decisions between former spouses regarding alimony payments is a verbal agreement on the amount and procedure for payments. Its advantages are the fact that you do not need to spend money on court proceedings, notary services, paperwork and payment of state fees.

But the key in this case is the vulnerability of both parties.

If the recipient of alimony decides to go to court and collect alimony for the past year, and the payer, in turn, paid alimony in good faith, it will be extremely difficult for him to prove, since no agreements were concluded between the parents, there was no court order and writ of execution, according to who was paid by the parent. This is a very risky case, which we do not recommend resorting to. In addition, the legislation of the Russian Federation stipulates that payments must be based on notarized documents or court orders.

How to prove that alimony was paid methods of confirmation

If this happened, and the former spouses did not enter into an agreement on alimony payments, how to confirm that payment took place? You need to consider the following:

1. The payer must keep all checks and receipts for the transfer of funds. If the payments were made through a bank account, then you can take a bank statement. Be sure to indicate in the “payment instructions” where and why the money is being transferred. Documents should be kept for at least three years.
2. If documents are transferred to the recipient from hand to hand, then record them using video or photo shooting. This can serve as evidence in court.
3. Receipt. It must be written in accordance with all standards and indicating the necessary information about where the money is transferred, by whom and to whom, what size and for what reason the amount is transferred. Signatures of both parties are required. The receipt remains with the payer as a fact of maintaining payment.
4. Witnesses. This is good evidence in court. There must be persons who are not interested in this transaction.
5. Certificate from the place of work. If the transfers were made from wages by the accountant of the enterprise where the payer works, then he has the right to order a certificate, which will be proof of regular transfers of the specified amount to the recipient’s account as alimony payments. It is necessary that exact dates and amounts be indicated.

Receipt

A receipt is a document that confirms the fact of transfer of cash with a specifically indicated place where the transfer took place, in what volume and to whom and by whom the transfer of money was carried out. It is proof of payment of the amount and is handed over to the payer. There are cases when a receipt will not be recognized as evidence of the validity of the transfer of an amount of money.

According to Art. 808 of the Civil Code of the Russian Federation, receipt - confirmation of the transfer of money or material assets in a certain quantity. Also, in accordance with the Resolution of the Federal Arbitration Court of the North-Western District dated August 11, 2010 on office work No. A56-69901/2009, the receipt is the appropriate evidence to confirm the fact of the transfer of funds and the absence of debt. Therefore, the execution of the document is a guarantee of protecting the interests of participants in possible legal proceedings.

• It is not advisable to use a receipt in case of payment of alimony, since the legislation of the Russian Federation requires that all payments for a child must be notarized and that there be an agreement between the parents, which will specifically spell out all the conditions, amounts of payments, the procedure for paying alimony and other points.
• A receipt can be used if there is an agreement or there is a court decision to order alimony payments.
• Rules for drawing up a receipt:

1. Describe accurately all the circumstances under which the transfer of money occurs.
2. The receipt must be written by hand.
3. It is best to write it in front of witnesses.
4. The receipt must include the following information:

• Full name of the recipient and payer;
• Information about the parties;
• Place of transfer of money;
• Exact time of money transfer;
• Date of;
• Information about the child;
• Exact amount;
• Currency;
• Signatures of the parties;
• Signatures of witnesses.

The text must be written in legible handwriting, without errors, without blots, without corrections or strikethroughs.