Agreement For The Payment Of Alimony
According to paragraph 2 of Part 1 of Art. 80 Family Code parents have the right to conclude an agreement on the content of their minor children (an agreement on the payment of alimony). It is in writing, subject to notarial certification and has the force of the writ (Julian. 99 – 100 of the Family Code). Notarization alimony agreement may be effected by a notary employed in the public notary office, or Notary Public, private practice, as prescribed by law.
Agreement on the payment of maintenance for minor children under the age of fourteen years, is between the child's parents (where one of the parents acting on behalf of the child) or between the parent (s) and those in foster care and dependent of the child (guardian, foster parents). Minors under the age of fourteen to eighteen years as not fully capable conclude an agreement on the payment of alimony, with the consent of their legal representatives (a parent, guardian, foster parents). Agreement for the payment of alimony may be modified or terminated at any time by mutual agreement of the parties. Modification or termination of the agreement on the payment of alimony shall be made in the same form as the original agreement for the payment of alimony, that is, in writing marital status of the parties and failure to reach agreement on the modification or termination of alimony paying agreement the interested party may apply to the court for modification or termination of this agreement. In deciding whether to amend or to terminate the agreement for payment of alimony, the court may consider any worthwhile interest of the parties.
The amount of maintenance payable under the agreement to pay child support is determined parties to this agreement, but can not be less than the amount of maintenance that they could get for alimony in the courts. Alimony may be paid in shares of the earnings and (or) other income of the person obliged to pay alimony, a fixed sum payable periodically (eg monthly, quarterly, biannually, etc. – the terms of payment of alimony determined actors alimony agreement independently) a fixed cash sum payable at a time, through the provision of assets (eg premises, vehicles, land or securities), as well as other means, with respect to which agreement is reached. The agreement to pay child support may be provided by a combination of different methods of paying alimony. Agreement on the payment of alimony can be determined by a different order of payment maintenance, including, for example: by personal payment of alimony, through the payment of child support through third parties (grandparents or other relatives), e-mail or by telegraphic transfer on home maintenance or other specified by the alimony recipient address, by transferring the maintenance (funds) to the recipient of alimony in a commercial bank or lending institution, etc. It should be emphasized that the conclusion of agreements alimony eliminates the possibility of suing for alimony in the courts.
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