Разводы редко заканчиваются сохранением дружеских relationship between spouses. Usually they generally begin to feud. And no agreements on children for the payment of alimony and the division of property is not obtained. But not always everything is so bad. Sometimes people try to make an agreement on the payment of alimony. A sample of the contract, the procedure of registration and all the nuances that the parties should know will be presented below. This process in itself does not bring too many problems to parents, if properly approached to it. So what should spouses be aware of?
The first question that arises from citizens:“Is it really necessary to deal with paperwork and enter into some kind of contract?” Maybe you can do without it too? Yes, everyone has this opportunity. After all, people are able to agree among themselves on the payment of money for the maintenance of a child without paperwork. You can tell by conscience. Then the agreement on the payment of alimony parents will not be required.
However, such a step makes no guaranteesreceiving money for maintenance. Therefore, it is often the design of the contract that allows, in which case, to apply to the court and to enforce the duty of the citizen-payer. In the absence of this paper, there is no obligation on the person transferring the money.
The next question that interests the population:"Who should receive cash for maintenance?" Who can enter into an agreement on the payment of alimony? A sample of this document will be provided later. First you need to understand all the features of the agreement. At the moment in Russia there are only a few cases in which citizens have the right to collect money for maintenance, both in court and in a peaceful manner.
Alimony paid:
The most common case is considered payment.alimony for the maintenance of minor children. But recently, there is another point that usually comes to court. This is an agreement on the payment of alimony to parents. Especially those who are not engaged in raising a child. In this situation, parents first try to peacefully recover alimony from the grown children, and if this fails, go to court.
Также полезно будет узнать, когда именно может agreement on the payment of alimony. In Russia, it is allowed to resolve this issue peacefully before going to court. That is, at any time, before the trial took place. The deadline is the immediate judicial debate. That is, you can almost always agree on alimony in any case. And draw up an agreement. By the way, women can apply for alimony to themselves and to the child, even being in an official marriage with the payer.
Практика показывает, что обычно договор is concluded directly during a divorce or in advance. When it comes to paying money to support parents, the action takes place at the request of potential recipients of money.
In other words, there is no time limit inrespect to the issue under study there. The notarial agreement on the payment of alimony in a particular case is concluded before the court decision, when the parties agree on the date of signing of the relevant papers. Even if there was a verbal form of an agreement on the payment of money for maintenance, it is possible at any time without a court to formalize it.
How to conclude the studied agreement?This is an important point. Now in the Russian Federation, the form of the agreement on the payment of alimony may be different. It all depends on what kind of agreement we are talking about.
So, in the case of an informal agreement, you can get by with a verbal form. That is, citizens peacefully agree on everything between themselves, and no one is engaged in paperwork.
But if you need a documentaryconfirmation, the form of the agreement on the payment of alimony only written. And it is expressed in a detailed agreement, in which all the features of payments are prescribed. Moreover, the contract may be expressed by the settlement in court or notarized paper. It all depends on exactly where and when exactly the citizens decided to negotiate the payment of funds without judicial coercion.
Attention should be paid to the fact thatany contract can be changed. But only under certain conditions. Amendment of the alimony agreement takes place. You can at any time contact the notary and change the previously established conditions. But here we have to take into account one nuance: all changes should take place only by mutual agreement. Unilaterally can not change the terms of the contract. This is not allowed to either the payer or the payee.
For the rest, after paying stateduties (350 rubles in 2016) for amending the contract, you can come to the notary and change the previously established terms of the agreement. In this case, the parties must give a written consent to finalize the contract. This is extremely important. Otherwise, all changes will be considered invalid.
Is it possible to terminate on some groundssettlement agreement? Yes, there is such an opportunity. Only the termination of the agreement on the payment of alimony is carried out with the mutual consent of the parties. To do this, at any time citizens must come to a notary and conclude a new agreement in writing - on termination of the previously concluded agreement. This cannot be done unilaterally.
Termination is also considered.agreements in connection with the expiration of the deadlines set in the document for the payment of money for the maintenance of a citizen. Extremely rare, but it happens.
Most often there are other cases. The termination of the alimony payment agreement takes place in the following situations:
The most frequent case is either improvementthe financial situation of the parents, or the death of the beneficiaries, or the attainment of majority by the children for whose maintenance the money was paid.
Как правильно заключить соглашение об уплате child support? A sample of this document will be presented below. The first thing you need to know what conditions must be respected. After all, in case of non-compliance with the established norms, the notary will not allow the parties to sign an agreement.
That is why it is important to understand what conditions must be met. In fact, everything is not as difficult as it seems. At the moment, the following requests are being made in Russia for the alimony agreement:
No more significant changes.It is recommended to take into account the rules in Russia for establishing minimum alimony. Sometimes inconsistency with these rules leads to a notary’s refusal to enter into an agreement.
So how much minimum in Russia should pay onkeeping children? Usually we are talking about collecting the percentage of the earnings of a citizen. Less than the established norms of alimony can not be. If they talk about an unemployed payer, then the minimum wage will be taken for potential earnings. The notarial agreement on the payment of alimony must imply a penalty in the following minimum amounts:
From July 1, 2016, the minimum wage in Russia averages 7,500 rubles. If alimony is recovered by law or by agreement, the minimum payments cannot be less:
In practice, the notary usually pays attention tothe established amounts and does not put a certification if the previously listed norms are violated. Only in reality, on average, 1 child specifies 5 000 rubles of monthly payments for 1 child.
What other points should I pay attention to?Payment of alimony is not only money. Funds for the maintenance of a person may be expressed in other ways. And then the sample agreement on the payment of alimony will be significantly different from all the others. What cases are we talking about? How can alimony be expressed? The forms of such payments are as follows:
Thus, a sample agreement on the payment of alimonyshould include cash monthly penalties. If we are talking about the transfer of real estate or material goods, as well as a one-time payment, then it is customary to immediately implement the terms of the contract and draw up a receipt for the receipt of the established funds for the maintenance of a citizen.
Agreement on the payment of alimony to the spouse, children, andalso needy parents should be properly decorated. What will citizens need to sign this agreement? There are a variety of scenarios. But most often you need to submit:
If we are talking about the transfer of real estate, the list changes slightly. The agreement on the payment of alimony (the notary checks the required package of documents) will require:
The fact of the transfer of property is already made on the spot.to the property of another person. The notary in this case issues a certificate confirming the rights to real estate. It is useful when re-issuing a certificate of ownership. This process ends. But what does an exemplary sample payment agreement look like?
In general, there is no single answer.After all, each contract is individual. Therefore, you should pay attention to the fact that these examples are only templates that you can rely on when drafting your own contract. What is the alimony payment agreement? The sample presented below is suitable for recovering money from a minor's parent.
We, Ivan Ivanov Ivanovich (hereinafter - Payer)Born in 1965 and Maria Petrovna Ivanov (hereinafter referred to as the Recipient) born in 1970, this agreement establishes the payment of alimony for the common minor child Ivanov Mark Ivanovich, born on July 4, 2006.
By joint agreement, we decided that the Payer lists monthly maintenance on the 25th day in the amount of 10,000 rubles to the account of Ivanova Maria Petrovna: (Recipient's details).
You can look at another agreement on the payment of alimony. A sample of it is suitable for the transfer of property.
We, Zinoviev Mark Antonovich was born in 1986 andZinovyeva Anna Vasilyevna, born in 1990, with this agreement we establish the procedure for paying alimony for the common minor daughter - Zinoviev Marina Markovna.
Zinoviev Mark Antonovich undertakes to transfer1-bedroom apartment located at the address: Moscow, st. Ivan Susanin, house 30, apt. 64, owned by Marina Markovna. From the moment of the transfer of the property to the daughter, all the maintenance obligations for the maintenance of the minor are removed from the father.
That's all.Now it is clear what the alimony payment agreement looks like. The sample presented above is only a template. According to this principle, citizens conclude maintenance contracts in a more expanded form. Similarly, you should act if you need to enter into an agreement on the maintenance of needy parents or spouse. In fact, everything is not as difficult as it seems.
