✅ Agreement between parents on the payment of alimony

Child Support Agreement

1. Parents have the right to conclude an agreement on the payment of alimony for a child, which defines the amount and terms of payment. The terms of the contract cannot violate the rights of the child established by the Family Code.

The contract is concluded in writing and is notarized.

1. If one of the parents fails to fulfill his obligations under the contract, alimony may be levied from him on the basis of a notary’s executive note.
2. Significant changes that have occurred in the legal regulation of family relations, due to the entry into force of the Family Code.

The changes significantly influenced the approaches to the contractual regulation of family relations, including the relationship between mother, father and child on the provision of maintenance.

Legal regulation of the conclusion of an agreement on the payment of alimony

If, according to the family legislation in force before January 1, 2004, the contract was not considered as a regulator of alimony legal relations.

And in general, the regulation of family relations for the most part was carried out imperatively, then the latest family legislation is based on the dispositive principles of regulating family relations, including alimony.

Article 189 of the Family Code in part 1 provides that parents have the right to conclude an agreement on the payment of alimony for a child, which determines the amount and terms of payment.

The terms of the contract cannot violate the rights of the child established by the Family Code. The contract is concluded in writing and is notarized.

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An agreement between parents on the payment of child support is referred to in the legal literature as an alimony agreement. The views on the legal nature of the alimony agreement between the parents are quite controversial.

For an agreement between parents on the payment of child support, there is a mandatory written form with a notarial certification. Sub-clause 4.15 of clause 4 of Chapter 5 of Section II of the Procedure for Performing Notarial Actions by Notaries of Ukraine provides that the parents of the child have the right to conclude an agreement between themselves on the payment of alimony for the child.

Terms and conditions of the alimony payment agreement

The terms of the agreement on the payment of alimony for the child should determine the amount and terms. As well as the procedure for payment and the grounds for the targeted use of alimony and cannot violate the rights of the child established by the Family Code.

As for the terms of the contract, they cannot violate the rights of the child and established by the Family Code, then, first of all, we are talking about the minimum guaranteed amount of alimony for a child, established by Part 2 of Art. 182 by the Family Code, which is 50 percent of the minimum subsistence level for a child of the appropriate age.

Accordingly, the agreement between the parents on the payment of child support may determine the amount of child support in a share of the earnings (income) of the mother, the child’s father and (or) in a fixed amount.

However, the amount of alimony for a child cannot be less than the minimum guaranteed amount of alimony for one child established by the Family Code.

Deadline for paying child support

Since child support is a periodic payment, the deadline for the payment of child support is also set periodically to ensure that the child has an appropriate standard of living.

As a rule, child support is paid on a monthly basis. Although in the agreement between the parents on the payment of alimony for the child, other periods for the payment of alimony can also be provided. For example, quarterly, weekly, and the like.

Duration of the agreement between the parents on the payment of child support

In law enforcement practice, the question of the duration of the agreement between the parents on the payment of alimony for the child often arises. Is it obligatory to conclude such an agreement on the payment of child support before the child reaches the age of majority?

Family Code in Part 1 of Art. 9 provides that the parents of the child can settle their relationship by agreement (contract). If this does not contradict the requirements of the Family Code, other laws and the moral foundations of society.

Considering that the agreement between the parents on the payment of child support is an agreement between the parents on the payment of child support, the Family Code does not prohibit the parents to determine in such an agreement the period of its validity and to limit it to a certain period of time that does not coincide with the period of childhood (until the child reaches eighteen years old).

Since this does not terminate the obligation of the parents to support the child until he reaches the age of majority, established by Art. 51 of the Constitution of Ukraine, art. 180 of the Family Code.

Expiration of the term of the agreement on the payment of alimony

Accordingly, after the expiration of the term of the alimony agreement between the parents, alimony for the child can be recovered compulsorily by a court decision in the manner of action or order proceedings.

Also, one of the parents can apply for the deduction of child support from his salary, pension, scholarship in accordance with Art. 187 of the Family Code.

This view has already been expressed in the legal literature. Although it is perceived very critically by specialists in the field of family law.

What happens if one of the parents fails to fulfill his obligation under the alimony agreement

If one of the parents fails to fulfill his obligations under the contract, alimony may be levied from him on the basis of a notary’s executive note.

In accordance with subparagraph 4.16 of paragraph 4 of Chapter 5 of Section II of the Procedure for the performance of notarial acts by notaries of Ukraine when certifying an agreement on the payment of alimony for a child by a notary, the content of paragraph 2 of Art. 189 of the Family Code, with the simultaneous indication of this in the text of the contract regarding the possibility of collecting alimony in an indisputable manner on the basis of a writ of execution in case one of the parents fails to fulfill his obligations under the contract.

In cases where alimony for a child is collected on the basis of a notary’s executive order, it is a matter of notarial protection of the child’s right to maintenance as a jurisdictional form of protection of family rights.

Notarial protection of the child’s right to alimony

According to Part 1 of Art. 88 of the Law of Ukraine “On Notaries” the notary makes executive notices. If the submitted documents confirm the indisputability of the debt or other liability of the debtor to the recoverer and provided that no more than three years have passed since the day the right to claim arose, and in relations between enterprises, institutions and organizations – no more than one year.

According to clause 1 of the Resolution of the Cabinet of Ministers of Ukraine dated June 29, 1999 No. 1172 “On the approval of the list of documents according to which debt collection is carried out in an indisputable manner on the basis of notaries’ executive notices”, to receive an executive note, the following are submitted:

• original notarized agreement (agreements);
• documents confirming the indisputability of the debtor’s debt and establish the delay in the performance of the obligation.

Family lawyer in cases under a parental support agreement

A family alimony lawyer will solve your case quickly and without problems!

The best solution in disputes over a child support agreement between parents is to contact experienced family lawyers.

Family lawyer:

• will consult on your question;
• will help to determine the best option for solving the case;
• prepare all the necessary documents;
• will accompany you throughout the entire trial.

Our lawyers will do everything necessary for a quick and high-quality completion of the case!

Alexey Skryabin

family lawyer

Contacting us is a way to save time and money in resolving the issue of the agreement between the parents on the payment of alimony.

Contacting us is a way to save time and money in resolving the issue of an agreement between parents on the payment of alimony.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in resolving a child support contract case is to contact good family lawyers!

Useful site materials advokat-skriabin.com:

1. Alimony after divorce
2. The procedure for collecting alimony for a child
3. Alimony as a share of earnings
4. Alimony in firm cash
5. Additional costs for the child
6. Exemption of parents from paying alimony
7. Reducing and increasing the amount of alimony
8. Child support for adults