Alimony agreement between parents

Alimony agreement between parents in Ukraine

Child support agreement between parents in Ukraine

Parents have the right to conclude an agreement on the payment of alimony for a child, in which to determine 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.

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 Art. 190 SK we are talking about the transfer of immovable property as compensation for alimony for the coming period. In practice and in theory, this type of contract is already called alimony contracts.

First of all, we should talk about the content of the article in the context of its legal meaning.

Verbal agreement between parents regarding child support in Ukraine

So, in the case of an oral agreement between the parents on the payment of alimony and its failure, the court will not accept the arguments of one of the parties, refer to such an agreement, since this article defines the permissible form of such an agreement – written and notarial certification.

It is clear that all the same, parents have the right to orally conclude such agreements, but understanding the legal consequences of its failure. In particular, it is possible to recommend that the parent who has a child dependent and upbringing should not expect alimony for a long period of time, since the court will not be able to collect alimony for the past time in an amount that was determined on the basis of an oral agreement (Article 191 of the SK ).

Speaking about the possibility of attesting a contract between parents only in a notarized form, we narrow down the possibility of reaching a compromise when the relevant case is in court.

We believe that by concluding an amicable agreement and its approval by the court, the parties can resolve the dispute about alimony even in court. Then parents can avoid nervous tension and their relationship will not deteriorate.

However, we recommend that you involve child support lawyers in order to draw up a legally competent alimony contract. In this case, mutual claims will be reduced to agreeing on the terms of the contract and will not turn into personal charges.

Family lawyer in Ukraine

Our lawyers are often asked the question: What is the amount of child support under the contract? How long does the alimony contract last?

On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.

Grounds for Considering the Alimony Contract Not Concluded in Ukraine

As for the amount and timing of the payment of alimony, these are essential terms of the contract, which must be clearly spelled out in the contract. The absence of one of the listed conditions is the basis for recognizing the contract as not concluded (Article 638 of the Civil Code). Such an agreement should not be certified by a notary.

In addition, the contract may establish ways to ensure the fulfillment of obligations, for example, the payment of a forfeit in case of delay in the payment of alimony, and the like.

In particular, in Art. 196 SK it is determined that the recipient of alimony has the right to recover a forfeit (penalty) in the amount of one percent of the amount of unpaid alimony for each day of delay. So, even if this condition is not included in the contract, a penalty may be charged in accordance with the requirements of the law.

The provision that the terms of the contract cannot violate the rights of the child established by the Family Code can be perceived in a broad and narrow sense.

What conditions cannot be included in the contract in Ukraine

In a broad sense, the contract cannot specify the condition that the father or mother, in case of non-payment or late payment of alimony, is deprived of the right to see the child, since not only the alimony payer has such a right, but the child also has the right to see the father and mother.

But considering this issue in the plane of the fulfillment of the duties and rights of parents, one can object to the fact that one of the parents takes a child on vacation, which costs significant money, when alimony has not been paid to him for a significant period of time and he is threatened with the imposition of alimony for the past period and arrears for alimony.

That is, in this case, when one of the parents is forced to support the child for a long time and limit his own needs, and the other is trying only to rest with the child, then in this situation one sees a departure from the equality of rights of the parties and the principle of rationality and justice is violated.

In another plane, when alimony plays a significant role in the material support of the child, then the second parent with whom the child lives must take into account his own financial capabilities and must not agree to minor alimony if he is not able to provide materially for the child.

The amount of alimony under the contract in Ukraine

Here you should take into account the provisions of Part 2 of Art. 182 SK, namely – the amount of alimony in the contract must be established at least 30 percent of the subsistence minimum for a child of the corresponding age.

At the same time, the current legislation does not establish other criteria, therefore, a notary cannot require a certificate of income of the alimony payer, although such a procedure would be useful, since one of the parents does not always know about the real income of the alimony payer.

Therefore, quite often parents reach a compromise when one of the parents agrees to receive at least some alimony, and not real. In this case, it is difficult to recommend a judicial solution to the conflict, since the court in our country is not always able to establish the real incomes of citizens, especially entrepreneurs, whose incomes are not known even by the tax inspectorate.

The possibility of collecting alimony for the past period forcibly on the basis of a notary’s executive order is a positive and simplified procedure for compulsory execution of alimony obligations, since after the executive order is made, you do not need to go to court, and the contract is transferred to the state executive service for compulsory execution.

When to pay child support in Ukraine

As for the time of payment of alimony, on a contractual basis, not only the alimony that the payer must pay, but also the alimony debt can be restructured.

Regarding the harmonization of the content of this article with Article 190 of the SK, we can talk about an alimony contract, which will fulfill alimony obligations in advance, not only at the expense of real estate, but also by depositing a significant amount of funds into a banking institution.

We propose here to proceed from the freedom of contract, and not only from those cases provided for in the law. So, we believe that in our country there are not only alimony defaulters, but also decent parents who properly fulfill their alimony obligations.

Alimony must be paid in advance by citizens leaving for permanent residence in a country with which Ukraine does not have agreements on legal assistance in family matters.

In particular, we believe that the contract, in which the calculation of alimony will be made not on the basis of their minimum amount, but taking into account the receipt of alimony at the expense of funds deposited in a banking institution, will not contradict the requirements of the law.

For example, when you put funds in the bank in the amount of 10,000 dollars or more, then every month it will be possible to withdraw interest in the amount specified in the agreement with the bank, and at the expense of such interest it will be possible to fulfill alimony obligations. In this situation, it can be stated that alimony obligations should be terminated, but this provision does not mean the termination of obligations to provide additional funds for the maintenance of the child (Article 185 of the SK).

Therefore, such an agreement can be multi-subject, and the amount of alimony can consist of contributions from individual family members.

For example, when it comes to providing material assistance to a young family, if the child was born to minor parents, then not only minor parents, but also their parents, both from the mother of the child and from his father, can participate in such an agreement their brothers, sisters and other relatives who are able to provide material assistance.

Duration of the alimony contract in Ukraine

Such an agreement can operate both until the child reaches the age of majority (although alimony for adults can sometimes be paid), and it can be urgent, for example, until the child’s parents reach the age of majority or until a certain period of time, in particular, when the child turns three years old, and his mother will come out of maternity leave.

The contract can be conditioned by the occurrence of a certain event, for example, the acquisition of higher education and the like.

It should also be said that alimony obligations can be regulated by an agreement, not only in the case when the parents live separately, but also in other cases.

For example, if the parents are not divorced, but the father or mother does not provide funds for the maintenance of the child.

An agreement on the determination of alimony obligations may have a mixed content, since its content may include the obligations of the recipient of alimony to file a report on the use of funds, and may also include conditions for a meeting.

Family lawyer on the support agreement between the parents in Ukraine

In resolving a case with an agreement between parents on the payment of alimony, the most optimal is to contact a family child support lawyer who will help you quickly and efficiently resolve the case in your favor.

Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.

The advantages of going to family law lawyers are:

  • the efficiency of solving the case in case of an agreement between the parents on the payment of alimony;
  • quick preparation of documents for their submission to the court;
  • saving material and time resources in solving the case;
  • the ability to resolve issues online.
The best way to save time and money with a parental support agreement is to consult a good family lawyer!

If you do not know how best to proceed with an agreement between parents on the payment of alimony, call our family lawyers and they will help you figure out the situation!

Today you can solve any issue remotely – online, just write to the messenger (Viber, Telegram, Whatsapp) to our family lawyers.

Frequently asked questions to a lawyer in Ukraine

What is the amount of child support under the agreement?
What is the validity period of the alimony contract?
Do you need a personal presence of the client in court?
What is your experience in family affairs?
What is the cost of legal services in your company?

If the article “Agreement between the parents on the payment of alimony” was useful for you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on current changes in the legislation of Ukraine.

Useful site materials advokat-family.com.ua:

  1. Alimony as a share of earnings
  2. Alimony in firm cash
  3. Additional costs for the child
  4. Exemption of parents from paying alimony
  5. Reducing and increasing the amount of alimony
  6. Alimony for adults
  7. How to check what alimony is spent on – control over alimony
  8. Did not pay alimony – took away the driver’s license
  9. Alimony Without Divorce – How To Get Alimony Without Divorce
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