Maintenance agreement for minor children, child support agreement (model)

The essence of the maintenance agreement is to establish a legal obligation to support the child; the agreement must be signed by two parties: those who are required to pay monthly maintenance payments and those to whom the payments will be addressed (usually the mother of the children).

Among those who are obliged to provide material support for their children are not only fathers who do not live with their children.This obligation applies to all parentsUnder the Family Code, they must include not only children under the age of majority, but also children who have lost their capacity to work and require additional material assistance.

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Adds and consummations to the drafting of the agreement

The main benefit of a judicially enforceable agreement is that the parties can agree and impose conditions in the agreement itself that the court will not, first, consider and, secondly, that are not subject to the law.The former spouse may request an increase in the amount of the paymentsIf applied to court, the latter would not have satisfied such a requirement.

The payer also shows up.The possibility of reducing the amount of maintenanceif his total income is large and the legal amount of the payment would be excessive in excess of the child ' s needs, the matter could most likely also be resolved in court, but it was easier for former spouses to resolve the matter between themselves in pre-trial proceedings.

I mean, the main advantage of a maintenance agreement is thatadditional conditionsThat's what the negatives are all about.

There's no contradiction in that.

If one party obtains more favourable terms than it would have received through the court, the other party would receive less favourable terms than they would have been under the law.

Is a notarized document required?

• It was important to comply with the requirement to draft such a treaty so that it would have legal effect in the future.
• The law states that the draft agreement is not only in writing but also in writing.Mandatory notarial certification.
• In that case, the draft treaty would have characteristics.Similar to the executive page.

Failure to comply with these conditions renders it null and void, that is, one that does not have any consequences after it has been drafted and does not produce any legal consequences.

The model or form on which the maintenance agreement is drawn up may be requested directly from the notary.

Firm monetary agreement

What does it mean to reach a firm monetary agreement? That means that the agreement will establish a payment not in parts of the payer's income but in any part of the payment.a fixed sum,This amount is set out in the contract in numbers and in writing.

As far as this is not contrary to the law, the amount of maintenance payments under article 103 of the Criminal Code under the signed agreement is determined by the signatories themselves.It is up to you to determine the amount of these payments.

The only exceptions are those agreements under which payments are made to minor children, in which case the amount of such payments may not be lower than those established by the legislature and which the children may obtain through the courts.

In such cases, it is taken into account that one child is paid25%his parent's total income, two--33%, three or more..........................................50%This proportion is distributed equally among all children of the maintenance payer.

In addition, it must be borne in mind thatThe notary certifying the document shall not seek proof of the payer ' s income.

It is very difficult to match the payer ' s total income to the variable value of the transferred property from time to time.

Normally, maintenance in hard cash and in court, and by agreement, is prescribed in those cases,when the payer does not have a hard monthly wagehe receives income from seasonal work, is employed illegally or is unemployed at all.

The payment may also be changed; for example, it may pay a fixed amount once a quarter if the working conditions and income-generating arrangements make it difficult to make payments every month.

Prior to the conclusion of the maintenance agreement, both parties are explained the requirements of family law, namely articles 81 and 102 of the Criminal Code, which regulate the minimum levels of maintenance payments for children.

If such an agreement substantially violates the legitimate interests of the child, it shall, at the request of the child ' s legal representative or guardianship authority,may be appealed to a court and declared null and void.

Model agreement

Child maintenance agreement form: download sample

Discontinuation and modification of the text

Maintenance agreement may be amended or dissolvedOnly by mutual agreement between the two partiesI don't know.The consent of the ex-wives must be confirmed by the notary..

In some cases, it is possible to modify or terminate the contract in court, for example, if there has been a significant change in the income or marital status of a party, in which case the party may apply to the court.

Example of a declaration:

1. Before going to courtRefusal from the 2nd party to modify or terminate the agreement is requiredor to receive no reply to the request.
2. The court must then decide whether the grounds set out in the application are material to the modification or termination of the voluntary agreement.

What if the husband doesn't pay by agreement?

The good of this document is thatThe text may include liability for breach of the terms and conditions set forth therein..

Article 115 of the Code established the rule that the person who was in arrears was liable, which was established by the signatories in the document itself, and that the text of the contract could set a certain amount of damages for such violations.

The penalty may be expressed either in a fixed amount or in a percentage of the total payment. It may depend on the length of the delay. If so, the alimonyer is obliged to pay a certain amount of the penalty for each day or week that is overdue.

But if the parties did not provide for this issue,In the event of a debt arising, the legal penalty shall take effect.Article 115 of the Code provides for the amount of this penalty, which is equivalent to one tenth of one per cent of the total amount of maintenance arrears for each day that has been outstanding.

In the event of a significant delay, it is possible to apply to the court, but before proceeding with the claim, it is worth recalling that a document produced and certified by a notary is like an executive note, which means that it has the same legal effect.

The recipient ' s requisitions are contained in the agreement itself, and it is easy for the accountant to do so; maintenance is translated within three days after payment of wages; this document is made available at the place of work either by the payer himself or by the bailiff.

Accompaniment settlement in court

There is a situation where the maintenance agreement does not need to be confirmed by the notary, which concerns a settlement agreement on the matter, and if the parties have reached the court but have found a common denominator during the trial, they conclude a settlement agreement on the matter.A settlement that spells out all the conditions that have been achieved.

Such an agreement is mistakenly regarded as an instrument for the pre-trial settlement of the dispute.has the effect of a judicial decisionand therefore does not require a notary certificate.

If you fail to agree with your ex - spouse, you may benefit from an article on alimony and an article on which court to file.

Conclusion

The issue of an agreement on child maintenance is not so complex as to resolve it on its own; the agreement itself avoids many problems for both sides.

The payer must also have proof in his hands that he regularly sends money not for nothing, but as maintenance as agreed with his former second half, otherwise how can he prove that he has always sent the money to support the child?

If you have any more questions, look at this video-rock:

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Laws are constantly amended, rewritten and supplemented to match the situation in the country, family law is no exception, and quite often amended in articles dealing with the legal aspect of the relationship between spouses, but much remains virtually unchanged, such as alimony payments.

In this article, we will answer the question, "Is there any new maintenance laws in 2023?" We will also consider the amendments that are being prepared and those that have just come up for consideration.

Child support is the money that the government requires to pay one parent in favour of another parent with whom a minor/incompetent child lives, so that the Chad receives some guarantee of security until it is able to do so without any support; according to the law, this moment is 18 years old.

However, the legislation provided for safeguards to protect the rights not only of the child but also of his mother, who, after the birth of the child for a period of time (from 1.5 to 3 years), is in a state of partial/full incapacity, and therefore (if no husband is present) may be in a very difficult financial situation.

Under the law, every parent who does not participate in the life of his or her child is obliged to pay for his or her maintenance, and their failure to pay is subject to serious liability, up to prison time.

Maintenances are payments that a parent who is not involved in the upbringing of a child, a parent with whom the child lives, may receive both after divorce and during marriage, but only if one parent refuses to participate in the upbringing of the child.

If a family with a child breaks up, the law requires one of the parents who is not involved in the upbringing of the child to make payments in favour of the parent with whom the child will remain after divorce.

But sometimes it happens that bailiffs are not only inactive but also obstructing the recovery of debts, in which case care should be taken against negligence by filing complaints. In this article, we will explain where to complain about the bailiff and how to draft the claim. Find out where to complain about the bailiff...

Maintenance payments are the money that one of the parents, who is not involved in the upbringing of the child, is obliged to pay to the other parent to provide for the child; they are compulsory; evasion is punishable by law; and liability for non-payment can be both administrative and criminal.

But even strict rules and severe penalties for non-payment do not guarantee the performance of the payer ' s duties. According to the latest data, about one third of the payers either have debts or do not pay maintenance. In this article, we will describe what to do if the ex-husband does not pay alimony. Read what to do if the husband refuses to pay alimony...

The Family Code of the Russian Federation obliges parents who do not take part in the upbringing of a child to make payments called maintenance payments, which must be directed to the child ' s welfare, the procedure for their payment and the amount to be determined by both the parents in the course of the agreement and by the court.

Failure to pay maintenance or to pay part-time maintenance is a sufficiently serious violation for which there is both administrative and criminal liability, and we will explain in this article what measures and fines may be imposed on debtors and how to avoid punishment.

Maintenance is a payment that a parent who does not participate in the upbringing of a child must direct in his or her favour in order to ensure an adequate standard of living. The payment of maintenance is compulsory and the procedure for its payment and payment is determined by the Family Code of the Russian Federation.

No marriage is immune to separation, and if there are no serious differences between divorced spouses, and if there are no children in the family, divorce can be conducted without difficulty by filing an application with Zags and thus breaking up the marriage.

However, if a divorced couple has a common child, and there are disputes about their subsequent place of residence, it will not be possible to divorce in a simplified manner; the register will be available only if the relevant court decision is in place. In this article, we will tell you how it is appropriate to file a claim for maintenance and divorce before a court. See how to file a claim for maintenance and divorce.

Maintenance agreement: model, where invalid..........................................................................................................

Last update February 2023

A maintenance agreement is a so-called peaceful way to resolve the issue of maintenance of children in divorce or under any other conditions, where parents live separately; generally, a maintenance agreement may also apply to the husband's maintenance obligations to his wife (or vice versa), to adult children in relation to parents, which is rarely the case.

The agreement must be drawn up in writing and certified notarized; without assurances, it has no legal force, which means that the payer of maintenance will not legally perform its duties.

The document sets out all the relevant terms of the settlement agreement for the payment of maintenance; the alternative to the voluntary agreement is the executive record of the judgement.

These two instruments have equal legal force.

There are two ways to draw up a maintenance document:

• On its own;
• Right at the notary's.

The first method does not exclude the need to go to a notary office, but saves money for a notary to draft an agreement.

Who Makes the Agreement

The parties to the agreement are the payer and the recipient of maintenance payments.

The payler may be:

• One of the parents who fails to fulfil the maintenance obligations of the child, usually the one with whom the child does not live after the divorce;
• Mother and/or father deprived of parental rights (the legal obligation to maintain their children remains).

The minor ' s representative (parent, adoptive parent, guardian, foster parent) who lives with them and who is responsible for their maintenance shall conclude the agreement, with the consent of his or her official representative, with the consent of the child over 14 years of age.

What governs the agreement

The World Maintenance Agreement should include the following paragraphs:

Parties to the maintenance obligation:

• The amount of maintenance;
• The procedure for the payment of alimony payments;
• The procedure for indexing maintenance (optional but desirable);
• The period for which the agreement is concluded;
• The procedure for amending or terminating the agreement.

Other terms that the parties consider to be important may also be laid down in the agreement, such as:

• Reporting on the use of maintenance;
• The schedule of communication with the child (e.g., it can be established that they will be seen every second and fourth Saturday of the month);
• Civil liability for breach of the terms of the agreement (punishments, penalties, etc.)
• Issues of confidentiality (non-disclosure of the text of the agreement to outsiders).

Amount of maintenance

Maintenances by agreement of the parties could not be less than would have been decided by the court.

For exampleI. I. Ivanov would have paid maintenance of his only minor son Ivan in the amount of 25 per cent of his salary on the basis of his father ' s average earnings of 30,000 rubles, Ivan would have received at least 7,500 rubles on the basis of the court ' s decision.

As a result of an agreement concluded with Ivanov I. I. Ivan ' s mother, he will pay 5,000 roubles per month, which clearly violates the interests of the minor, as well as the provisions of article 103 of the Family Code, and may therefore be challenged by Ivan ' s mother, the procurator ' s office or the guardianship and guardianship authorities.

The amount of maintenance or its alternatives may be determined by the following means:

• (e.g. 10,000 roubles per month or 120,000 roubles per year)
• In a lump sum (e.g. 1 million roubles);
• (e.g. 25 per cent of monthly earnings, 10 per cent of fees, 5 per cent of rent payments);
• In the form of property provided to the recipient of maintenance (e.g., I. I. Ivanov, as alimony, transfers to his minor son Ivan an apartment or a share thereof);
• Other options agreed upon by the parties.

In addition, an agreement in parallel with the principal amount of maintenance may contain obligations for the payment of additional expenses in a fixed amount of money for special forces:

• Treatment costs;
• External care for the child due to illness;
• E. Communication No.

Procedure for the payment of maintenance

The manner in which the maintenance provider ' s obligations are performed depends on the type, amount and frequency of payments:

• If part of the salary is retained as maintenance, the payer goes to the account of his business and writes the relevant statement there, providing the claim of the beneficiary of the maintenance as well as the notary's certified copy of the agreement.
• Where alimony is paid from a share of income (not related to wages), the following should be indicated:
  • What kind of income is implied (distributions in commercial organizations, output of the individual entrepreneur, etc.);
  • How the financial result of these revenues is determined;
  • The procedure for reading the records of the representative of the beneficiary of maintenance (for confirmation), etc.
• If an agreement for the recovery of maintenance contains conditions for payment of a firm sum of money from time to time or on a one-time basis, the means of payment shall also be prescribed. This may be a bank transfer or cash transfer, and the parties may prescribe any method convenient to them.

If payments are made in a fixed amount, it is desirable that the agreement should contain the order and conditions for indexing these payments; for example, an annual increase of 5 per cent or an official inflation rate may be envisaged.

If the agreement does not specify the order of indexation, alimony is increased by an increase in the amount of the subsistence minimum.

This means that the amount of maintenance is related to the SMIC, for example, it amounts to 2.5 SMICs.

The minimum wage is increased from time to time, which means that maintenance will be recosted from time to time so that maintenance payments will be equal to 2.5 SMICs over time.

• Where obligations include the transfer of property (e.g. a car or an apartment), detailed description of the property should be provided, a period of re-registration should be provided for the recipient of maintenance (if required by law) and a list of the necessary alimony actions required for the successful transfer of the property.

If you have decided to draw up an agreement with the assistance of a notary, he will offer you a model form that can be further developed in accordance with the conditions of your particular situation.

There's nothing difficult about drafting an agreement, it's small, it doesn't have any legal cassels. You can download a model of a maintenance agreement in MSWord on our website. It may look like:

AGREEMENT ON the payment of maintenance

City of Vollogda, April 29th, 2000 16th.

We, the undersigned:

Kukushkin Igor Anatolievich, born on 20 July 1978, the place of birth of the city of Vologda, the passport of ___________________, the date of issue of ___________________, the code of the unit of ___________________, registered at:________________________________________________________________, later referred to as the "supporter", on the one hand, and

Model child support agreement

Thanks to the family legislation of the Russian Federation, the possibility of resolving the issue of the maintenance and upbringing of the child became as convenient and quick as possible.

Parents today have two ways to resolve the issue — voluntarily through a maintenance agreement or through a court, if one of the parties disagrees with the measures and agreements that have been taken.

Thus, the divorce procedure is now going through a two-part separation process, in the case of shared children and in the absence of the latter, and even if there are, life can be made easier and not exacerbated by additional legal proceedings.

Agreement on the payment of maintenance for a minor child

• In the event of the conclusion of a voluntary maintenance agreement in favour of the child, the payer and the beneficiary of maintenance shall independently determine the manner, timing, periodicity, mode of payment, liability for non-compliance with the agreement, changes in the contract and other conditions.
• Such agreements may arise not only for minor children, but also between former spouses, parents and disabled children and children with disabilities, as well as between working children and their elderly parents.
• The degree of influence and dissemination of such an agreement depends entirely on the responsibility and binding nature of people once in a relationship, and is based primarily on the voluntary nature of the process.

The benefits of a voluntary agreement are considerable.

Such a treaty has full legal force and thus has the function of a full-fledged executive.

Accordingly, in the event that the party concerned fails to comply with the prescribed requirements, the applicant has the right to submit a request voluntarily to the Federal Service of Constables without resorting to the courts to obtain legal funds for the maintenance of himself or the child.

By virtue of this type of agreement, the plaintiff is entitled to a higher amount of money than it is when it comes to the recovery of maintenance payments through a court, where two people can decide on their own without exacerbating the relationship, which amounts will be arranged by both parties and reached a general compromise.

1. The important thing is to ensure that the payments are no less than those provided for in the legislation of the Russian Federation.
2. Both parties shall jointly choose the convenient manner and manner of payment of maintenance and shall determine the frequency of the payment.
3. In the event that the parties did not provide in the contract for the payment of maintenance damages, the matter would then be taken into account, in the case of violations, when applying for recovery of outstanding obligations through the service of bailiffs, since those paragraphs were separately regulated in the Family Code of the Russian Federation.

The same situation applies to the indexing of payments. It follows the changing conditions of the law, regardless of whether it is mentioned in the agreement.

A voluntary child maintenance agreement may be concluded not only after the divorce procedure, but much earlier, even during the marriage, so that you can always be safe in advance so that the child or yourself will not be at risk.

It is also very convenient if the spouses do not share a household and live together, but for certain reasons do not terminate the marriage contract. Under such a contract, a woman is entitled to receive financial support from the spouse in any situation.

In accordance with article 110 of the Family Code of the Russian Federation, the procedure and form of the conclusion of a voluntary agreement are consistent with all quotas inherent in any civil law agreement.

The agreement shall be completed in writing and certified by a notary office with mandatory signatures from the two parties; only then shall the document be fully valid and become a full-fledged executive list.

Which may subsequently be transferred to the service of bailiffs for enforcement.

Not only the form but also the content of the agreement is of great importance, but it is a model and must conform to all the rules.

The following paragraphs shall be respected and stated in the agreement:

• Full data on the payer and the beneficiary of the maintenance: FIO, date of birth, address of the propiska and actual place of residence, official and permanent place of work;
• Information on the child: FIO, date and place of birth, registration, paternity report (if necessary);
• Detailed description of claims for benefits: order, amount., frequency of payments;
• The duration of the agreement;
• The rights and obligations of the two parties;
• Responsibilities incurred by both parties in the event of non-compliance with the terms of the existing agreement;
• How and in what order the change to the existing agreement is reported;
• Indexation of payments in the event of inflation or changes in the working conditions of one party;
• Other factors and conditions that exist;
• Date of conclusion of the agreement;
• both sides' signatures.

Samples of such agreements can be found directly at the notary or downloaded in our article, but it is still important to spell each of the treaty's paragraphs correctly.

A great advantage of such an agreement, as mentioned above, is the ability to determine on its own the amount of maintenance payments that are determined by the two parties depending on the material situation and needs.

Child support payments may be indexed not only on the basis of the maintenance provider ' s income as a percentage or percentage, but also on a fixed fixed amount appropriate to the two parties; this may be not only monthly or quarterly payments, but also a one-time payment in favour of the child who is acceptable to all, in the form of money or property.

That is, it is not possible to choose the amount of payments that will be lower than the alimony awarded through the judicial process.

Thus, one child is legally entitled to 25 per cent of the income, two to 33 per cent, and three to more than 50 per cent of the official income.

In establishing and agreeing on payment of a firm sum of money, account shall be taken of the child ' s real monthly needs as well as the minimum subsistence quota in the region.

The amount of maintenance may be fixed not only in the currency which is in force in Russia, but also in any foreign currency which is convenient for payment to a certain party.

With regard to the payment of the child allowance, there are also several options: cash directly in hand or through an intermediary, cash transfer, bank account or map.

The time limits for the transfer of funds for maintenance are set by the parties on a reciprocal basis and are clearly stated in the document; they may be received monthly, quarterly, annually or on a one-time basis; a one-time allowance is appropriate if a large amount of money is transferred to the child ' s account, sufficient for further maintenance, or if valuable property is transferred to the child ' s name.

As far as the duration of the contract is concerned, it is generally clear that the child has reached the age of majority, unless the individual characteristics of the agreement provide otherwise.

The amount of payments may vary according to inflation in the country, as well as changes in the working conditions of the payer, or changes in the material nature of the claimant ' s residence for payment; it is necessary if the payments are fixed and helps to protect the child in the future.

Any factors of interest to both parties may be added as additional conditions: changes in the marital status of both parties, material status, place of residence or work, general welfare; each party may identify any concerns in this paragraph of the treaty in accordance with its own interests and needs.

Both parties to the contract are fully responsible for complying with all conditions, in the event of a breach of the requirements of one of the parties, each is liable to the penalties provided for by law, such as fines or penalties for non-compliance.

A voluntary maintenance agreement is in a permanent form and is to be drawn up in accordance with the legislation of the Russian Federation; such a contract is in writing and is subject to notarization.

A model of a settlement agreement for maintenance can be downloadedHere.

Agreement on the payment of maintenance in a firm amount of money

When considering in detail what such a payment in a firm amount of money should be, attention should be paid to a number of legislative factors and points before choosing that form of payment, which at first glance seems to be very convenient.

A firm amount of money in the payment of alimony is not a percentage of the regular official income of the payer, but a fixed amount, which is fixed by the two parties at the time of the agreement, but cannot be lower than the subsistence level.

Thus, the amount of a flat-rate benefit for a minor child should not be less than one quarter of the payer's income per child, one third for two children and one half of the wage for three or more heirs, and the money and benefits should be equally distributed among each child.

• It should be noted that the notary, who assures the document, is not entitled to participate fully in the settlement of the matter between the parties to the agreement, nor is he able to request additional documents on the payer ' s earnings to match his income to a fixed amount.
• The payment may also vary, from monthly benefits to quarterly benefits, depending on the applicant ' s situation and the payer ' s situation.
• This method of calculating the child ' s maintenance payments is appropriate if the payer does not have a permanent place of work, his/her earnings do not meet the subsistence minimum or he/she works informally.
• In any event, before concluding such agreements, each of the parties is given an explanation of the requirements and provisions on which it can rely, and all the rules and regulations are regulated by certain provisions of Russian law.
• A voluntary agreement that does not comply with and is not in conformity with the law may subsequently be challenged in court by each party.
• A world-wide maintenance agreement can be downloaded in a firm amount of money.Here.

Agreement on the payment of maintenance for parents

The child ' s parent ' s cash benefit can be obtained in two ways: voluntary and compulsory; on a voluntary basis, it is the simplest and fastest way to obtain maintenance; in this case, an agreement is made with the children orally or in writing.

The agreement sets out in detail all the terms and conditions of payment: size, regularity and periodicity; the agreement must be confirmed by the notary in order for it to have legal effect.

Two copies are signed and certified and kept by each of the parties; in the event of non-compliance with the requirements of the agreement, they may be referred to the federal bailiff service for enforcement.

The amount and amount of the parental allowance depends on a number of factors: the marital status of the parents and the child, the needs and needs of the parents, the health of the latter and other factors that may be taken into account in the conclusion of the agreement.

A world support agreement for parents can be downloadedHere.

Agreement on the payment of maintenance by the provision of property

Child benefit may be obtained not only through monthly or quarterly recovery of payments, but also through the one-time provision of a large and sufficient amount of money for maintenance or in the form of movable or immovable property.

There are nuances in the completion and processing of the agreement, which are also subject to a certain sequence and form.Here..

Maintenance agreement

1. The spouse is also entitled to claim a certain amount of payment in his or her favour upon dissolution of the marriage if one of the parties cannot support itself properly because he or she is raising a child under the age of three, has lost his or her capacity or capacity during the marriage or within one year of the dissolution.
2. An example of a marriage agreement can be downloadedHere.
3. The former spouse is required to pay alimony for the second half if:

• The woman is pregnant;
• The child is under three years of age;
• The spouse is raising a disabled child;
• one of the spouses is incapable of work or has lost it within one year of the dissolution of the marriage (disability or retirement age).

Under article 89 of the Family Code of the Russian Federation, a spouse may claim maintenance in his or her favour without formal dissolution of the marriage.

In the event that there was no formal marriage, neither party was entitled to any payment because, under the law, a woman could receive payment in her favour from the father of the child only if she was married to him.

If a woman has lived with a man in a common-law relationship, she can only claim maintenance in favour of a common-child, which is the main difference between the alimony payments to a minor child and the payment to a parent living with a child under three years of age, and the marriage must be officially confirmed.

Modification and termination of the maintenance agreement

In the event of mutual consent, in the event of a change in the life situation of one of the parties to the agreement, the contract may be modified in separate paragraphs or in its entirety, as well as be terminated bilaterally; any modification or avoidance of the contract must also be formally certified by the notary.

If the position of one of the parties has changed and the other party does not wish to reconcile on the matter and to amend the provisions of the agreement, one of the spouses or parents may apply to the court for a claim.

Such a declaration should not only state the requirements and conditions, but also the reasons that led to such a situation, as well as the evidence of the changed situation.

Payment agreement

Maintenance agreement: basic provisions

This type of agreement is made by persons who wish to voluntarily determine the procedure for the payment of maintenance at any time in their life together, both before divorce and after divorce. The concept has been introduced into the legal practice of article 99 of the Criminal Code and is more fully explained in chapter 16 of the Family Code.

It must be understood that the article describes the most basic situations and does not take into account a number of technical points.

Call me right now and solve your questions, it's quick and free!

The agreement specifies all the rights and obligations of the parties governing the amount of maintenance, as well as the regulations governing the implementation of the provisions in practice.Model maintenance agreementin 2018 contains the parties ' data, the calculation of the amount of payment, the terms and conditions of payment, and the liability for non-performance and adjustment over time.

Participants are the payer and the beneficiary of maintenance, as well as their legal representatives, if there are reasons that prevent their direct participation.

It is not uncommon for the parties to discuss orally the implementation of obligations, but the law does not recognize such a form of full legal effect; the most important form is a letter signed by both parties and certified by a notary, which is expressly stipulated in article 100 of the UK.

This form provides a complete guarantee of acceptance of the document by the bailiffs, on the same basis as the executive sheet issued by the court.Maintenance agreementhas not been certified by a notary, it is null and void at all, i.e. it does not even require recourse to a justice of the peace to set it aside.

Conclusion and execution of the maintenance agreement

With regard to the agreement, the rules of civil law work more, since this document is only one form of parent-to-parent transaction (although it is a family relationship) and the conclusion and execution are influenced by the Civil Code of the Russian Federation.

The legislator regulates the procedure for drawing up an agreement within the framework of article 101 of the SC of the Russian Federation.

Notarial assurance requires the participation of both parents in person, i.e. it is not possible to resolve the issue of power of attorney.

The value of such a certificate is250 rubles.The notary ' s services are paid according to the tariff as well as the place of the transaction; the full price of the service will be between 1,000 and 6,000 rubles.

In the event of non-compliance with the terms of the agreement, it is possible to resort to bailiffs for the purpose of enforcing the sums due; this decision may only be challenged by the payer during the trial.

Modification and termination of the maintenance agreement

Any changes or even cancellation of the agreement are subject to all the civil aspects of the transactions:

1. A change in the terms is possible by agreeing on the positions of the parties to the transaction.
2. There could be no unilateral termination of obligations, nor could any part of the agreement be modified at its discretion.

All changes are recorded in writing and are notarized, since article 101, paragraph 2, establishes only such a procedure.Notarized maintenance agreementAlso guarantees the absence of coercion and abuse.

If the agreement has ceased to comply with the principles of justice and the material and property situation of the persons has changed substantially, a review of the current procedure is possible by the court, and it is likely that any agreements that reduce the level of security that existed before the dissolution of the marriage (before the dissolution of the cohabitation) will be annulled.

Depreciation of the maintenance agreement

In addition to the formal grounds for improper drafting and conclusion of an agreement, there are other reasons for invalidity, both common to transactions and specific to family law:

• If the agreement seriously harms the interests of one of the parents of the child as well as that of the dependent, as an example, the sums paid are too low (or excessive) and do not allow the minor children to enjoy a decent standard of living.
• The agreement was drawn up under pressure from one of the parties or the court proved to be misleading the party to the transaction;
• The payments are lower than those set out in article 103, paragraph 2, of the UK.

Determination of maintenance

The choice of amounts and the manner in which payments are made depends entirely on the vision of the parties to the maintenance transaction; other property claims are often included in the agreement, such as lump sum payments, the transfer of property to the child ' s property, the provision of rental housing or participation in the development of the child ' s bank contribution.

The criterion of legality is the conformity of article 81 of the Russian Federation, i.e. at least one quarter per child, one third per two children, and half of the payer ' s income for three or more children; the same treatment applies to fixed benefits according to the regional average income of the working population; this requirement is prescribed in article 103 of the Family Code.

If the level of maintenance previously paid is not in accordance with the required level, the courts may re-account for the entire period of payment without taking into account the length of the claim.

Methods and procedures for the payment of maintenance under the agreement

The law requires the parties to the agreement to prescribe all the conditions for the payment of maintenance on their own; moreover, the family law allows for the establishment of any form of payment available to the courts:

1. Regular payments from payer ' s income.
2. Fixed regular payments based on the child ' s standard of living.
3. A one-time large payment.
4. Transfer of property in kind, covering current and potential child costs.

Parents may combine the manner in which maintenance payments are made by any means specified in the Family Code, in particular article 104.

Payments can be made in cash, bank and mail, as well as in electronic money. For the payer, the main point in making payments is a receipt or a bank cheque (payment order). These documents are essential proof of the performance of the duties imposed by article 80 of the UK.

In the event that the parties disagree with an earlier agreement, the court may take into account the provisions of the agreement by amending only parts of the document in accordance with the law, and therefore often use the payment procedure established in the Family Code when writing it.

Indexation of maintenance

The Executive Services shall take note of the indexing procedure set out in the agreement, even if it conflicts with the potential indexing value under the law; the harmonization of the value and the indexing mechanism shall be the responsibility of the parties to the agreement.

If the document does not address this issue, any dispute uses the general method of recalculating the amount of payments, which is now established by Article 117 of the UK and represents a proportional increase in the subsistence minimum, respectively.

Example of maintenance agreement

The couple who had lived together and had a common child divorced from their husband, and the husband had fulfilled his obligations reluctantly and then stopped working in Belarus.

At that time, the woman had remarried, and the husband, without paying alimony, constantly prevented him from travelling abroad and violated the child ' s rights.

The Court held:

• Not to take note of the conclusion of the agreement, regardless of its assurance, since all agreements defining other conditions are null and void in the application of the court ' s decision, unless such an agreement is notarized;
• A new marriage, or even the establishment of guardianship, does not remove the obligation of the biological father to maintain the child;
• For abuse of parental rights, as well as non-fulfilment of parental rights, the court deprived the defendant of the rights to the child, while establishing a procedure for the recovery of maintenance funds in a firm amount of money on the basis of an international agreement between Russia and the Republic of Belarus on execution proceedings and the Convention on the Recovery of Maintenance.

Conclusion

A maintenance agreement is concludedWith a view to fulfilling the basic legal form of children ' s detention outside of marriage, the court hearing of maintenance cases is extremely controversial between parents and, given the nature of the voluntary nature of the agreement, the law establishes:

1. The possibility of self-writing an agreement at its own discretion, if the conditions are not contrary to the provisions of the law in force; for this purpose, proof of income or expertise is not required, it is sufficient to establish a level of decent maintenance.
2. The agreement is equivalent to an executive order with a court order establishing maintenance (executory sheet).
3. All legal problems arising in the implementation of the agreement could be dealt with in court.
4. The termination of the maintenance agreement is possible if its terms adversely affect the minor ' s financial situation.
5. In cases of gross violations, the agreement may be challenged by the bailiff, the main reasons being the non-conformity of payments under article 81 of the SCK.
6. Less substantial conditions are also set out in the agreement, but if they are not in the document, they are set by the Family Code.

The most popular question and the answer to it under the maintenance agreement

Question:The ex-husband doesn't want to bring the question of alimony to trial and agrees to an agreement between the parties.

Answer:........................................................Hello, Antonina.16 Head of the UK of the Russian FederationCivil and family law allows any claim for maintenance to be made in a notary agreement if it is not contrary to the law; thus, the document must contain:

1. Data from both parties to the agreement, preferably also from the workplace.
2. Free will implies full consent, so it is necessary to establish requirements that are not prejudicial to the child's law — that is, no less.25%or the size of the subsistence minimum in the region.
3. Insert a paragraph on liability for non-performance, e.g. in the form of a penalty.
4. Set exact dates and dates for the transfer of funds. It's much more reliable to do and get alimony through the bank, so writing bank statements is the right thing to do.
5. Regulate the indexing of amounts according to price increases, the growth of the subsistence minimum, and so on.
6. Establish cost-sharing arrangements for unforeseen circumstances, such as treatment.

Such a list can be continued, but it meets the main requirement of accountability for non-compliance.

List of laws

Model applications and forms

You will need the following sample documents:

• The form of the maintenance agreement.

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Maintenance agreement

Legal Encyclopaedia "MIP" Maintenance " Documents for Maintenance " Agreement

• In this article, you will be able to read questions and answers on the subject of "a maintenance agreement", see the models of documents and the prices of our lawyers for the recovery of maintenance, and ask an online question at our online chat room downstairs on the right.
• Contents
• An agreement on the payment of maintenance shall be made in order to establish by law the right to maintenance by a person who has the basis for it, as follows:
• If you want to make an agreement yourself, you can use the advice given in the continuation of the text.

Formulation of the agreement

The agreement shall be drawn up in writing on behalf of the two parties (the recipient of the maintenance and the maintenance payer), with the indication of F.I.O. and the address of the registration and actual residence.

The text of the agreement should indicate the circumstances and conditions under which the parties enter into the agreement.

An agreement on the recovery of maintenance for minor children who are entitled to maintenance may specify the following amount of maintenance:

• per minor - one quarter of total income
• per two children, equivalent to one third of total income
• for three or more children - half of the parents ' earnings or other income,

The beneficiary of maintenance may also indicate the recovery of maintenance in a firm amount of money.

In the case of the remaining maintenance claims, the penalty is set at a firm sum of money; once the agreement has been drawn up, the beneficiary of the maintenance and the alimony payer, in their agreement with the terms of the agreement, shall be bound by their own signatures; the draft agreement shall be notarized.

Legal significance of the agreement

Under article 100 of the Family Code of the Russian Federation, an agreement on the payment of maintenance is in writing and is subject to a notary certificate; a notarized agreement on the payment of maintenance shall have the force of an executive record, i.e. execution proceedings may be initiated.

Method of avoidance

Under article 101 of the Family Code of the Russian Federation, the maintenance agreement may be amended or terminated at any time by mutual consent of the parties.

The modification or termination of the maintenance agreement must take the same form as the maintenance agreement itself.

In the event of a substantial change in the material or marital status of the parties and the failure to reach an agreement to modify or terminate the maintenance agreement, the party concerned is entitled to apply to the court for an amendment or termination of the agreement; in deciding on the modification or termination of the maintenance agreement, the court is entitled to take into account any noteworthy interest of the parties.

Peace agreement in court

A peace agreement is a civil law contract which is approved by a court and has a procedural value, i.e. the effect of a court decision (para. 3, art. 173 of the Russian Code of Civil Procedure) It is possible to conclude a settlement agreement in both written and oral form, but before a court decision is rendered.

A written agreement may be concluded both at the preliminary stage of the preparation of the case and during the trial; a peace agreement may be concluded orally.

The court shall place the will of the parties to the proceedings on the record of the proceedings, the parties shall be recorded in the record and the judge shall make a determination accordingly.

The settlement agreement between the plaintiff and the defendant was the most favourable outcome of the case, since the text of the agreement took into account the requirements of both parties, which was rarely the case in the court ' s decision.

If one of the parties fails to comply with the settlement agreement, the other party may apply to the court that approved the agreement for an executive notice.

It's important:A unilateral waiver of the settlement agreement is not permissible.

„

My husband called me and asked me to withdraw the application and conclude a settlement agreement with him that he would pay me 5,000 rubles every month. I don't mind, but there's a problem that we're living in different regions, and I can't come to court.

“

01.09.2013 15:08

If your husband doesn't want to take the matter to court, you can file a settlement agreement with the notary.

Your husband can come to you himself for this procedure, more than that, it was his initiative, not yours.

Kohanov Nikolai Igorevich

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„

Please help me understand some of the things that have happened in my fate that, at the time, by negligence, got pregnant with a married man, I loved him very much, and at the time, it seemed that the child would strengthen our relationship even more, but he was certainly against this child, he was encouraging me to have an abortion.

I love my children very much, and I don't know if my life will give me another gift like a baby, and I've decided to give birth, even for myself, it's my baby, and I wouldn't be able to do that! Now my baby's nine months old, a wonderful and strong son, his daddy's been with us a few times, and when I raised the question of possible help, he immediately refused.

The fact is that my lover, so to speak, was married to his wife a few years ago — gave birth to a daughter — he claims that he warned me about it before the birth, that he could not provide for two.

I know it's not about the money he tells me, but it's that his wife doesn't know about us and he's not gonna tell her all about it.

And I don't want him to forget about us and disappear after a certain period of time -- the son needs to know his dad! I'm interested in the following, if I sue for alimony, if I get it, and if I do, how much, what percentage? And does his wife have the right to do the same for alimony by living with him?

“

28.08.2013 17:42

If he or she is motivated by another child, he or she can apply for a reduction in maintenance; if he or she applies for a second child, the first child is reduced; if he or she still has no maintenance obligation, you are entitled to 25 per cent.

No consideration will be given to whether they live or not, regardless!

The maintenance lawyer of the MIP legal group guarantees the success of the trial!

Kohanov Nikolai Igorevich

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„

My wife filed for divorce, I don't want to get divorced, until we're together, I want to give my wife money to support the baby.

If we get divorced, I want to share an apartment that's booked for my wife, but we bought it together when we were married, and I also have loans that we took together in marriage.

Besides, I want my son to live with me.

“

28.08.2013 15:41

In divorce cases, it is usually time for conciliation, which can last up to three months, and you and your wife can make an agreement on the terms of payment of child maintenance money and the terms of your association with the child, and you can assure the notary of the document.

If your wife interferes with your communication, you can apply to the guardianship and guardianship board, and it will be difficult to obtain a child's residence with you, and judicial practice is on the way to giving priority to the child's residence with your mother, and you will have to give sufficient reasons for the court's decision in your favour.

With regard to the division of property, you must file a counter-claim for the division of joint property and make shares.

Kohanov Nikolai Igorevich

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