LawRegulatory Compliance

What gives an agreement on the payment of alimony

In our country, almost every second marriage ends in divorce. Therefore, the word "alimony" is known to everyone. As a rule, they are paid by a man to a child who has remained with an ex-wife, but there are cases when the woman paid the money to the former husband, while the child lived with his father.

Contrary to the popular belief that a wife can be for a while, and a child is forever, not every father seeks and can ensure his comfortable existence. Sometimes this is facilitated by internal disagreements between former spouses, sometimes objective reasons, for example, low wages. On the other hand, parents who are primarily concerned about the well-being of a common child can conclude an agreement on the payment of alimony - a document that determines the procedure and amount of payments. Alimony received under the agreement, can not be less than the alimony received in the judicial order. Another thing is that in this case it is possible to agree on changing types or terms of payments.

According to the law, the parent must pay the fourth part of the earnings per child, the third part for two children and half the official salary for three or more. At the mutual desire of the former spouses, it is possible to conclude an agreement on the payment of alimony, which stipulates that payments will be made not only from the official salary, but from other sources of income (rented apartments, etc.).

Another option is to specify a fixed amount, rather than a fraction of the salary. Such an agreement on the payment of alimony is signed when the spouse does not have a permanent source of income, or when he has the means and the desire to pay the amount higher than the stipulated (for example, according to the law, 5,000 rubles are supposed to be paid monthly, according to the agreement, the father will pay 15,000 rubles).

By mutual desire of the parties it is possible to establish an agreement on the payment of alimony in the form of a large one-time payment. In this case, the entire amount due to children before their coming of age is paid. For example: the spouses after the division of property are entitled to equal shares in the apartment. Former spouses can agree that the father leaves his or her share to the children due to alimony. That is, a woman with children will live in the former apartment, which will become their property, and the father removes the duty to transfer alimony every month.

By agreement, you can pay alimony not with money, but with food, medicine, clothes, buying things, or using combined methods.

All agreements are concluded on the basis of the interests of the children, so that their needs are adequately met. Therefore, in the account of alimony you can not transfer things or property that the child does not need (for example, emergency housing or a third laptop).

The agreement on maintenance is notarized. In the case where the material situation of the parties changes, by mutual agreement the contract can be terminated, also in the presence of the notary. Unilaterally to make changes or re-contract the contract can only be by court order.

There are several other categories of citizens that can be entrusted with paying alimony. For example, an adult capable and able-bodied children can be entrusted with the duty to help their elderly, needy parents. This may apply to former spouses in cases established by law. All these persons belong to the alimony-bound citizens of the first stage.

If there are none, the duty is shifted to the persons of the second stage. Adult and capable people must help their needy underage sisters and brothers. Grandmothers are obliged to help their incompetent grandchildren, and grandchildren of full age - to keep infirm grandmothers and grandfathers. The stepsons and pupils should also help the needy people who brought them up in due time.

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