The current family law does not provide for the right of the recipient of alimony, his legal representative, to refuse to pay them. Nevertheless, in practice, there are cases in which the actual refusal of alimony is implemented through an oral agreement between the parties.
Maintenance of a minor child is the responsibility of any parent, however, the child's legal representative is not always interested in receiving alimony. The reasons why the mother or father of a child wants to refuse alimony can be different. So, often good relations are maintained between the former spouses, and the earnings of the parent with whom the minor children remained is quite enough for their full-fledged maintenance. Sometimes parents want to exchange monthly payments for some other means of providing the child with everything necessary (for example, acquiring property for him, assistance in raising). The legislation allows only voluntarily providing additional support, but does not provide for the abolition of alimony.
Is it possible to conclude an agreement on the waiver of alimony?
As a way of canceling alimony, the conclusion of a special agreement between parents is often mentioned, in which all the features of the mutual responsibilities for the maintenance of children will be fixed. But in practice, this method is practically impossible to implement, since the corresponding agreement must be certified by a notary. No notary office will agree to approve an agreement that is contrary to applicable law. Meanwhile, the abolition of the obligation to pay alimony refers precisely to such contracts. The lack of notarization of the agreement means non-compliance with its form, which entails the invalidity of such an agreement.
What is the threat of a verbal agreement on the refusal of alimony?
The only way to cancel alimony in the presence of mutual consent of the parents to such cancellation is a verbal agreement between them. So, if there is a notarial agreement on the payment of alimony in a certain amount, the parties may not fulfill it, having orally agreed on other responsibilities for the maintenance of children. In the presence of enforcement proceedings, the legal representative of the child (for example, his mother) has the right to revoke the writ of execution and stop the enforced recovery of alimony. But the payer of the corresponding amounts must understand that these verbal agreements are not legally binding, so the other parent can use any opportunity to enforce the collection of all debt, including alimony payments for the missed period.
