An agreement on the payment of alimony is governed by Chapter 16 of the Family Code of the Russian Federation and can be concluded voluntarily in a simple written form with certification from a notary or drawn up by a professional notary. This document has the force of a writ of execution and is subject to mandatory execution.
Necessary
- - a written agreement certified by a notary;
- - notarial agreement;
- - indicate in the agreement the amount, terms and procedure of payment.
Instructions
Step 1
When concluding a written agreement on the payment of alimony, the defendant recognizes his right to voluntarily support his children and undertakes to pay a certain amount on strictly defined days of the month and in an agreed amount.
Step 2
The agreement on the voluntary payment of alimony must contain the details of both parties, the recipient and the payer, home address, full name of the children in favor of whom the allowance will be paid. The amount of alimony must be indicated in firm monetary terms and the time frame in which it will be transferred or transferred. The parties can conclude an agreement on the transfer of alimony once every three months or even once every six months, but the amount must be indicated monthly.
Step 3
The concluded agreement can be changed bilaterally at any time, but the fulfillment of obligations under it is a prerequisite.
Step 4
If alimony under a voluntary agreement is not paid or is received in an incomplete amount and payments are delayed, then the recipient has the right to turn to the bailiff to enforce both the alimony itself and the resulting debt under the agreement.
Step 5
In cases where one of the parties, due to the current circumstances, wants to increase or decrease the amount of alimony specified in the agreement, but cannot come to a voluntary agreement with the other party, all disagreements are resolved in court. The law prohibits changing something unilaterally (Article 310 of the Civil Code of the Russian Federation, 101 SK).
Step 6
In case of any changes in the amount specified in the agreement, payment procedure, date, etc. a new agreement must be entered into in writing and certified by a notary or a notarial agreement.
Step 7
If both parties decide to cancel the payment of alimony, the court may recognize this as a violation of the rights of a minor and make a decision on the compulsory payment of alimony for the child (Resolution of the Plenum of the Supreme Council No. 9).
