How do child support papers get served
Who Serves, How Long It Takes
Serving papers to the other person in your child support case is a necessary step in the legal process.
Since a custodial parent or a guardian usually opens the case, child support papers are typically served to a noncustodial parent or another custodial parent. This person is considered the respondent or defendant in the case, whereas the person who opened the case is called the applicant or petitioner.
Be aware that there are slightly different child support rules in each U.S. state.
Custody X Change calculates your parenting time so you get a fair child support payment.
Calculate My Parenting Time Now
Who serves child support papers?
The person who opens the case generally isn't permitted to serve child support papers but must instead ask someone not involved in the case to do so. The server must be at least 18 years old and can't be related to anyone in the case.
In certain situations, though, the applicant may be allowed to serve — for example, if the respondent signs a form agreeing to waive their right to formal service.
Usually, your surest option for serving is to hire a sheriff's office or a professional process server. Paying their fee can be worth it because you know they'll serve correctly. However, there's often no barrier to having papers served by an ordinary person, like a friend.
Does a sheriff serve child support papers?
Most sheriff's offices in the U.S. serve child support papers. Contact the office that oversees the respondent's county. You'll need to fill out a form and pay a fee (usually no more than $50).
The sheriff (or, more likely, a sheriff's deputy) will go to the address you provide and try to hand the papers to the respondent. They can also help locate a respondent whose whereabouts are unknown, though this may cost extra.
Should I use a professional process server?
Relying on the sheriff's department can drag a child support case if the department is too busy. Hiring a professional can speed things up, though it's usually your most expensive option.
Process servers are professionals that must have a certification valid in the county where the service takes place (typically the respondent's home).
They are trained to use tools and techniques to find respondents who are avoiding their child support obligations and to serve them legal papers without breaking the law.
Professional process servers typically change between $20 and $100. The price depends on how quickly you need service done and whether you need the respondent located.
How are child support papers served?
Usually, papers must be handed directly to the respondent. This can happen anywhere: at their home, office, etc.
The respondent does not have to agree to accept the papers but should be made aware of what's handed to them.
In some states, child support papers can be served to an adult who lives with the respondent. And sometimes, papers can be served through U.S. mail.
How long does it take to serve child support papers?
Serving documents in family law cases can take anywhere from a few days to more than six months.
Sometimes service takes a long time because of complicated procedures, but delays are usually due to difficulty finding the respondent. That's why it's important to provide as much information about their location as possible.
If you know where the respondent lives, service should only take a few days from when you arrange a server.
The court or child support agency can set a deadline by which the child support papers must be served (or the deadline may be set by law). If you miss the deadline, you might be able to get an extension or you may have to start the case over.
How long do I have to respond to served child support papers?
The papers you're served with should say how long you have to respond. If they don't, call the court or agency listed on the documents and ask for the deadline. If you fail to respond on time, the case can proceed without your involvement.
Unless you claim you're not obligated to support the child (e.g., because you're not their parent), your response will need to include financial information.
Showing evidence that the papers have been served
After the papers have been served, the server must fill out a form as proof. Sometimes they give it to the person who hired them; sometimes they give it to the court or child support agency involved.
Either way, make sure that the proof of service gets filed with your court or agency on time so that your case can proceed.
Avoiding being served child support papers
If the respondent cant be found or is evading service, you can file a motion with the court asking to serve papers via an alternate method.
Often this method is publishing a notice in a newspaper, i.e., service by publication. Or the court may allow you to serve through email, text message or even social media.
In some states, like Georgia and North Carolina, an applicant can ask the child support agency for help finding the respondent.
Technically, avoiding service is not illegal. But it often backfires because it prevents the respondent from getting a say in the case.
Your best bet as the respondent is to participate in the case and try to get a fair child support payment.
Getting an accurate child support order
The best way to ensure a fair child support payment is to provide accurate information about your income and your parenting time.
Most states factor parenting time into their child support calculations. Use the Custody X Change app to calculate your time with your child precisely.
Estimating your parenting time can impact your support order by thousands of dollars a year, so make sure your calculation is exact. The number will affect you, your child and the other parent for years to come.
Custody X Change calculates your parenting time so you get a fair child support payment.
Calculate My Parenting Time Now
Custody X Change calculates your parenting time so you get a fair child support payment.
Calculate My TimeFamily Law Self-Help Center - How to Serve the Custody/Paternity Papers
After you open a custody or paternity case, the next step is to make sure the other parent is “served” with the papers.
It is up to you to make sure that the other parent is served. Visit this section to learn about how to have the other parent served, and what to do if you do not know where the other parent can be found.
What to serve the Defendant. There are 2 or 3 forms that have to be served.
When to serve the Defendant. If you don't serve by the deadline, your case will be dismissed.
Who can serve the Defendant. Only certain people are allowed to serve Defendant.
How to serve the Defendant. Defendant typically has to be served in person.
If you can't find or serve the Defendant. Learn options if Defendant cannot be served in person.
Learn more about each below.
What to serve
The other parent must be served with the following:
- A copy of the filed Complaint for Custody/Paternity
- A copy of the Summons.
Make sure your summons has a clerk's signature on page 2. If it doesn't, get a proper summons issued by the clerk before serving. - A copy of the Joint Preliminary Injunction (if you filed one)
Keep the originals!
When to serve the Defendant
Your documents must be served within 120 days after you file the complaint. If the other parent is not served within 120 days, your complaint will be dismissed and you will have to start all over.
If you cannot get the other parent served within 120 days, you can ask the Court to extend the time for service. You can use the following forms to ask the judge to extend the time to serve. Fill out both; file the declaration with the court, and submit the order to the judge for review.
Extend the Time to Serve - Request (pdf fillable)
Extend the Time to Serve - Order (pdf fillable)
Who can serve the Defendant
The papers must be served by a "disinterested person.
" This means someone who is not a party in the case, not interested in the outcome of the case, and who is at least 18 years old. Family members and significant others (boyfriends/girlfriends) cannot serve the documents. You can ask a neutral person to serve the documents, or you can hire the sheriff or a private process service to serve the documents for a fee. Visit the Sheriff’s Civil Process Section for more information on their fees and services.
CAUTION!
Some judges require a licensed, professional process server to serve the documents. Find out from the department assigned to your case if the judge requires this. You can find a list of phone numbers to each judge's department by clicking here.
Can I serve the Defendant?
You can serve the documents yourself ONLY IF the Defendant is willing to waive formal service by signing a form and returning it to you. You have to give Defendant a copy of the documents, along with a notice and a waiver.
If Defendant signs the "Waiver of Service of Summons and Complaint," Defendant will have additional time to file a response to your papers. You must file the waiver with the court. All of the forms and detailed instructions are in the packet below:
Waiver of Service of Summons and Complaint Packet (pdf fillable)
How to serve the Defendant
The other parent must be personally served with a copy of the documents. This means someone must hand-deliver the documents to the Defendant in person. The other parent can be served anywhere – at home, at work, etc.
Whoever serves the Defendant must complete an Affidavit of Service stating when, where and what documents were served on the Defendant.
Affidavit of Service (pdf) Affidavit of Service (pdf fillable)
If you use the sheriff or a private process server, they may have their own form to complete as proof of service.
File the affidavit with the court to show that the other parent was properly served.
If you can’t find or serve the Defendant
You must do everything you can to locate the other parent and have them served in person. However, if Defendant is evading service or cannot be found, you have two options:
If you can contact Defendant but don't have an address, request Alternate Service
You can ask the judge for permission to serve by alternate means, such as through email, social media, by texting the documents, etc. If the judge allows you to serve by alternate service, you will have to send the documents through every method the judge identifies on the order.
- Fill out and file these forms (by mail or efiling):
Ex Parte Request to Serve by Alternate Means (pdf fillable)
Affidavit of Due Diligence (pdf fillable) - Fill out the order below and email it to the department assigned to your case. To do this, find the letter that your case is assigned to (for example, Dept C, Dept F, etc.). Insert the department letter where the _ is in the following email format: This email address is being protected from spambots.
You need JavaScript enabled to view it. and send it by email.Order to Serve by Alternate Means (pdf fillable)
- If the judge allows alternate service, fill out this form and file it after you serve Defendant by the methods ordered:
Proof of Alternate Service (pdf fillable)
The full packet with all forms and instructions is below if you prefer to print and fill it out by hand:
Alternate Service Complete Packet with Instructions (pdf)
If you cannot find Defendant at all, request Publication
If you have no contact at all with the other parent and don't know where to find him/her, the judge expects you to do everything possible to try and find them. Contact friends, family members, employers, coworkers, or anyone who might know where to find Defendant. Search for Defendant online through social networking sites and by email. You can also check the Post Office for forwarding information. Check with any source that might lead you to a good address.
This is called doing your “due diligence.” The judge will want to see you tried as many avenues as possible to find Defendant.
If you still cannot find the other parent, you can ask the Court for permission to publish the summons in a newspaper instead. You may also have to mail the documents to a last known address if you have one. You will have to detail all of the efforts you made to find Defendant.
- Fill out and file these forms (by efile or mailing):
Ex Parte Motion for Publication (pdf fillable)
Affidavit of Due Diligence (pdf fillable) - Fill out the order below and email it to the department assigned to your case. To do this, find the letter that your case is assigned to (for example, Dept C, Dept F, etc.). Insert the department letter where the _ is in the following email format: This email address is being protected from spambots. You need JavaScript enabled to view it. and send it by email.
Order for Publication (pdf fillable)
- If the judge allows publication, you will need to contact the newspaper indicated in the order and arrange for publication.
When publication is completed, make sure the Affidavit of Publication gets filed. If the judge ordered you to mail the documents to Defendant's last known address, do so and fill out and file the Certificate of Mailing below: Certificate of Mailing (Publication) (pdf fillable)
The full packet with all forms and instructions is below if you prefer to print and fill it out by hand:
Publication - Complete Packet (pdf)
Publication - Complete Packet (pdf fillable)
Apply for alimony through public services - procedure and instructions
Now many people are interested in how to submit this or that application through public services and get the necessary documents without going to the authorities.
Using an account on the Public Services portal, you can apply to the court for alimony online, reapply for alimony, or file a claim for a reduction in alimony through public services.
We tell you how to apply for alimony via the Internet, what are the difficulties, what procedures are provided for and what package of documents will be required to collect alimony.
nine0003
How to issue alimony on the website of the State Service?
You can now apply for child support online. However, things are not so simple: it may be easier in your case to file for alimony after a divorce in the usual way - through the clerk of the court or through your legal representative.
The fact is that the Portal of State Services of the Russian Federation https://www.gosuslugi.ru/ itself does not provide an opportunity to file claims or remotely consider court cases. nine0003
The portal "Gosuslugi" does not allow filing lawsuits, but his account is used to enter other services
You can apply for alimony online using the special service GAS "Justice" (the state automated system "Justice") - this resource is specially created for filing documents with the court in electronic form.
In fact, filing for divorce and alimony through public services means using your account on gosuslugi.ru to enter other services.
nine0003
To enter the GAS "Justice" requires an account from public services.
You can register for GAS "Pravosudie" separately, but the site will redirect you to the registration page in the Unified Identification and Authentication System (Unified Identification and Authentication System), that is, to the State Services portal.
When you log in, you will see a message like this
Important: The account in the ESIA is used to access many official services - data from the Pension Fund, tax authorities, courts, bailiffs, so you need to make a full confirmed record on the State Services. nine0003
Difficulties in going to court through the State Services
The collection of alimony through the State Services, as well as the filing of other appeals, requires some preparation.
1. Requires a full confirmed record on the State Services.
2.
You need to obtain a qualified electronic signature (QES) in advance - purchase a certificate from a specialized certification center.
3. It is necessary to install a special program on the computer in advance - a means of cryptographic information protection (CIPF). There are several of them, the functionality is approximately the same. Upon receipt of the CEP certificate, the certification center informs which programs are needed. nine0003
Electronic submission of documents to the court is beneficial and convenient for lawyers or businessmen - those who often use such services.
4. Consideration of the case, even if you applied for child support online, will proceed as usual. The plaintiff and a representative must come to court, but the plaintiff may file a motion to hear the case in his absence. That is, electronic filing of a claim does not greatly speed up the process.
5. You need to write a statement of claim for the recovery of alimony in advance, sign it, then scan the claim and application documents.
The GAS "Justice" system does not provide forms for filling out documents online, the applicant simply attaches electronic images of documents to the application. nine0003
Documents for the court for the recovery of alimony must be prepared in advance on paper and scanned
To summarize: all this requires time and money for preliminary preparation, so not everyone can apply for alimony through public services and it is not always faster than the traditional way.
Electronic filing of documents with the court is beneficial and convenient for professionals (lawyers and businessmen) who need to use such services frequently. And for citizens who go to court once in a lifetime when collecting child support, it is easier to use traditional methods of filing an application. nine0003
If you need to file for non-payment of child support quickly and you don't have a CEP, our lawyers can help you file the traditional way or use your CEP as a representative in the case.
Apply for child support online through public services: pre-training
Before applying for alimony through public services, it is necessary to collect a package of documents, draw up an UZ and CEP:
- Create a verified account on the portal www.gosuslugi.ru.
- Obtain a qualified electronic signature on a special medium.
- Prepare a statement of claim to the court (or an application for the issuance of a court order).
- Collect a package of documents-applications to the claim.
- Scan all documents.
- Send a claim with a package of documents to the defendant by registered mail with acknowledgment of receipt. nine0067
- Wait for the notification to return and scan it.
So, before filing a claim online, you need to prepare a package of documents and obtain evidence that a copy of the claim has been sent to the defendant - this is a duty assigned by law to the plaintiff.
Apply for child support through public services: step by step instructions
Now we will tell you how to proceed if you have everything you need to apply for child support online: nine0003
1. Go to the portal GAS "Pravosudie".
2. Select "Submit a request" or "New request".
3. Select the type of legal proceedings "Civil proceedings".
4. Select "Statement of Claim" or "Statement for issuance of a court order".
nine0002 5. Fill out the application form and attach proof documents (certificates of marriage, divorce, birth of a child, etc.).
You need to select the “Personally” method of appeal, then select a specific court from the pop-up list, attach the claim under the “Substance of the application” button, attach scans of evidence documents under the “Appendices to the application” button.
You do not need to attach a receipt for payment of the state fee, since the plaintiffs in cases of alimony are exempt from paying the state fee when filing a claim (the fee will be collected at the end of the proceedings from the losing party).
nine0003
Claimants in cases of alimony are exempted from paying state duty when filing a claim.
6. File a claim for alimony using the CEP (click "Create an application").
To file a claim online, you also need a properly drawn up statement of claim and supporting documents in the case - our lawyers will help you quickly prepare the required package of documents.
nine0008 How to get a verified account on the State Services portal?There are 3 types of accounts (UZ) on the State Services portal:
-
simplified
-
standard
-
qualified.
The largest volume of services, including the ability to log in to the websites of government agencies and submit documents electronically, is provided by a complete (confirmed) UZ. nine0003
A confirmed UZ makes it possible to apply for registration of a foreign passport, obtaining maternity capital, certificates of registration of an individual entrepreneur or legal entity, sign up for registration of vehicles, marriage, an appointment with a doctor, etc.
It will not be possible to confirm the UZ immediately on the site. First you need to fill in all the required fields on the portal, and then go through the confirmation procedure.
There are 4 ways to validate an ID: nine0003
- Contact one of the special service centers that deal with data confirmation. You need to have a passport and SNILS with you.
- Order an identity verification code from the profile by Russian Post. From there, a registered letter with a code will come by mail, after that you need to enter these data in the appropriate fields of the registration form and complete the registration process;
- Confirm UZ through the bank. This can be done in a mobile application or in the personal account of some banks in which you have opened accounts; nine0067
- Use a Qualified Electronic Signature (QES).
So, the process of confirming the UZ takes a certain time.
Types of electronic signatures
An electronic signature (ES) is needed to confirm the authenticity of electronic documents sent online.
From a legal point of view, any ES confirms the following information: this document / letter was written by such and such a person at such and such a time and after that the document did not change. However, not all types of ES can ensure the reliability of all this information. nine0003
There are several types of EP:
| Simple | Unskilled | qualified |
| It is a login and password from an account on any service, from an email box. It is believed that letters and appeals sent from this address are sent personally by the owner. nine0003 But this is the most unreliable type of signature (vulnerable to forgery), it is not used for significant and official documents. A simple signature cannot guarantee that the document was written personally by the owner and that the content of the appeal has not changed since it was sent. | It is a specially generated file with numbers, which is attached to an electronic document. nine0002 It is created with the help of special programs - means of cryptographic information protection (CIPF). Such programs must be certified by the FSB of Russia.Such signatures can be created using free services. They are used within companies, as well as between counterparties in contractual relations for the security of document management. Such signatures are created by commercial companies and are used by agreement between the persons exchanging documents. nine0003 The state does not recognize unqualified signatures, since it does not have control over their production and issuance. | It is a specially generated file with numbers, which is attached to an electronic document. It is issued in special certification centers that have been certified and accredited by the Federal Security Service and the Ministry of Digital Development. The CEP certificate is issued for a period of 1 year. QEP is valid during this time. nine0003 The CEP differs from an unqualified signature only in that it is issued and executed in special organizations controlled by the state. Certification centers verify the identity of the citizen and his personal data, so the signature issued by them is considered reliable. |
For official applications to state bodies, only a qualified electronic signature is used.
As for the unqualified signature (NEP), they are accepted in official instances if it is established by the rules of a particular organization. For example, when working with mobile applications of banks, entering a code received via SMS is equivalent to signing a document. nine0003
Of the government agencies, at the moment, only the Federal Tax Service (FTS) itself generates an ES on its website - you can get a signature without visiting the tax office.
In the future, this signature is valid when resolving any issues with the Federal Tax Service (application for a tax deduction, complaint).
How to get a qualified electronic signature?
To do this, you need to contact a special certification center for issuing ES keys. They are in every subject of the federation. nine0003
A certification authority is a commercial organization that has received a certificate for working with cryptographic data protection tools and has been accredited by the Ministry of Digital Development, Communications and Mass Media of the Russian Federation.
Citizens can apply for a CEP certificate through the MFC, legal entities and individual entrepreneurs must contact the certification center directly.
to apply for a CEP, you need a passport, a certificate of TIN and SNILS. nine0015CEP can be recorded on different media, which must be purchased at a certification center:
- token - specialized software that requires a password to work with it, looks like a flash drive, is needed to enhance information protection;
- Smart card - similar to a standard bank card;
- Flash - a small device with a USB connector and a memory card for storing information, a simple option without additional protection; nine0067
- SIM card - a device from a mobile operator with a pre-installed Java application
External media for EDS (photo from Wikipedia)
Usually, all external media is called a "token".
Although the token itself for EDS is one of the types of carriers. The token is the most reliable carrier, since to use it you need to enter an activation code, which is issued to the owner in the certification center. Therefore, if the carrier is lost, another person will not be able to use the EDS. nine0003
Other media are less reliable: EDS via a SIM card in a phone or on a regular flash drive is opened to anyone.
a certificate is required to work with the EDS.In addition, an EDS certificate is also needed to certify documents. This is a certain set of bytes, outwardly it is an electronic and paper document that confirms the connection of an electronic signature with its owner. For enhanced ES, a qualified certificate is required. nine0003
The certificate confirms that the owner has a key pair - a public and private ES key. Public key - a visible set of characters that will be displayed in the ES stamp on the document.
The private part is created by means of encryption, is not visible to the user, and is verified through special ES authentication programs.
working with the CEP is quite simple, but you need to allocate time in advance for its designWorking with the CEP is quite simple, but you need to allocate time in advance for its design. In addition, this is a paid service. Ordinary citizens who need to submit documents to the court one-time and who do not actively use the services of obtaining electronic documents for business or personal purposes, such a waste of time and money is unprofitable - it is easier and cheaper to contact a lawyer once. nine0003
Important! You cannot transfer the signature to another person, and in case of loss, you must immediately inform the certification center where the signature was issued - he will be responsible for all documents signed on behalf of the owner.
Filing an application to the Magistrate's Court through the State Services
If you want to claim child support in a simplified manner by issuing a court order for the recovery of child support, then the application must be submitted to the justice of the peace.
nine0003
The procedure for submitting documents to the Magistrate's Court in electronic form is regulated by the Order of the Judicial Department under the Supreme Court of the Russian Federation of September 11, 2017 N 168 "On approval of the procedure for filing documents in electronic form to justices of the peace, including in the form of an electronic document."
The electronic signature is attached as a separate file.This document describes the requirements for files that are sent to the court - section 2.2. and 2.3. Order. In particular, the electronic signature is attached as a separate file (clause 2.3.5.). nine0003
Order
Order of the SD of the Armed Forces of September 11, 2017 No. 168
Download
Sample Application for a Court Order
In simple typical situations, alimony can be collected under a simplified procedure - through a court order.
If the child's birth certificate contains records about the father and mother, the spouses are divorced, then you need to write an application for a court order, attaching copies of passports, birth certificates, marriage and divorce. nine0003
The order is issued within 5 working days. The defendant may contest it within 10 days. If he fails to do so, the order will take effect.
It must be presented for collection to the bailiff at the place of residence of the defendant.
Sample Application
Application for issuance of a court order for the recovery of alimony for a minor child
Download
Applying to the District Court via the Internet
A claim for the recovery of alimony is filed with the district or city court at the place of residence of the defendant (future payer).
The procedure for submitting documents to courts in electronic form is regulated by the Order of the Judicial Department at the Supreme Court of the Russian Federation of December 27, 2016 N 251 “On approval of the procedure for filing documents in federal courts of general jurisdiction in electronic form, including in the form of an electronic document”.
Sections 2.2. and 2.3. The Order contains requirements for documents, section 3 describes the application procedure step by step. nine0003
Order
Order of the SD under the Armed Forces of the Russian Federation dated December 27, 2016 No. 251
Download
Sample claim for the recovery of maintenance for minor children
When submitting documents via the Internet, the same rules for drafting and filing a claim apply as in ordinary legal proceedings.
A statement of claim for the recovery of alimony is filed if the defendant contested the court order. Or in other difficult cases, when additional circumstances need to be proved (the defendant hides income, additional expenses for the child are needed, an application for deprivation of parental rights, an application for the recovery of alimony for the past period, etc.) is filed at the same time. nine0003
A claim for the recovery of alimony must be filed in the courts of general jurisdiction - district or city.
Sample Application
Sample statement of claim for the recovery of alimony for a minor child
Download
Conclusion
Let's summarize:
- Only those citizens who already have a full account on the State Services portal and a qualified electronic signature can apply for alimony through public services; nine0067
- Consideration of the case on the recovery of alimony (or on the issuance of a court order on the recovery of alimony) in court will be carried out in person, according to the usual procedure;
- Online filing of documents does not always simplify and speed up the procedure - remote and electronic justice technologies are still developing in Russia;
- For those citizens who do not have a CEP, it is irrational to deal with registration for the sake of one claim - it will be faster to submit documents in paper form; nine0067
- The collected amounts of alimony do not depend on the method of filing documents, but on the quality of the claim and evidence drawn up, therefore it is always better to prepare a package of documents with a lawyer.
FAQ
Is it possible to issue alimony in marriage through public services?
+
Yes, you can collect child support while being married, and after a divorce, and without getting married. Applying through the State Services in this case is just a way of submitting an application to the court. This is available to those who have already issued a full account on the State Services portal and have a valid qualified electronic signature. nine0003
Can I sue child support through mos.ru?
+
An application to the court for the recovery of alimony is submitted on a special portal - GAS "Pravosudie". Gosuslugi and mos.ru will simply be redirected to this site, and you can enter there using your Gosuslug login and password. You can log in to mos.ru through your Gosuslug account or create a separate account. If there is a UZ only for mos.ru, then you will not be able to log in to the Pravosudie GAS.
nine0003
In which regions is it possible to file for child support online?
+
There are no restrictions on subjects of the federation. Any citizen of the Russian Federation who has a verified account on the State Services portal and a qualified electronic signature can send an application to the court in electronic form. If the courts refuse to accept the application, then this is illegal and contradicts the Order of the SD under the RF Armed Forces dated December 27, 2016 No. 251. Such actions must be appealed. However, in the case of magistrates' courts, such failures are due to the lack of the necessary equipment and software. Formally, you will be right, but you will lose a lot of time on such an appeal. It is better to contact a lawyer and simultaneously file a claim in the traditional written form. nine0003
Is it possible in Tyumen to apply for alimony through the State Services?
+
The ability to collect alimony remotely does not depend on the subject of the federation.
It is necessary to issue a full account in the ESIA (Gosuslug portal) and obtain a qualified electronic signature. Please note that the case will still be heard in court.
2.2. Child support agreement
A child support agreement is a mutual agreement between parents regarding the payment of child support for minor children. Such an agreement determines the amount of payments, the frequency of transfers, and the method of withholding payments. nine0003
According to art. 103 of the Family Code of the Russian Federation (hereinafter referred to as the RF IC) the amount of alimony paid under an alimony payment agreement is determined by the parties in this agreement. At the same time, the amount of alimony established by an agreement on the payment of alimony for minor children cannot be lower than the amount of alimony that they could receive when collecting alimony in court. The amount of alimony is subject to indexation , which is made in accordance with the agreement on the payment of alimony (Article 105 of the RF IC).
If the indexation procedure is not provided for in the agreement, indexation is carried out in proportion to the increase in the subsistence minimum for the corresponding socio-demographic group of the population established in the corresponding subject of the Russian Federation at the place of residence of the person receiving alimony, and in the absence of the specified value in the corresponding subject of the Russian Federation, in proportion to the increase in the value the subsistence minimum for the relevant socio-demographic group of the population, established as a whole for the Russian Federation (clause 1 of article 117 of the RF IC). nine0003
The agreement on the payment of alimony also determines the methods and procedure for paying alimony (Article 104 of the RF IC). So, alimony can be paid:
in shares of earnings and (or) other income of a person obliged to pay alimony;
in a fixed sum of money paid periodically;
in a lump sum paid in cash;
· by providing property;
· in other ways as agreed.
nine0003
A child support agreement may provide for a combination of different ways of paying child support.
An agreement on the payment of alimony is concluded in writing and is subject to notarization . Failure to comply with this requirement entails the nullity of the agreement (Article 100 of the RF IC). A notarized agreement on the payment of alimony has the force of a writ of execution. This means that if the obligated person evades the payment of alimony, the other party has the right, bypassing the court, to directly apply to the bailiff service for their enforcement. nine0003
The provisions of the Civil Code of the Russian Federation governing the conclusion, execution, termination and invalidation of civil law transactions are applied to the conclusion, execution, termination and invalidation of an agreement on the payment of alimony (clause 1 of article 101 of the RF FC).
The maintenance agreement may be amended or terminated at any time by mutual agreement of the parties.
The change or termination of the agreement on the payment of alimony must be made in the same form as the agreement on the payment of alimony itself, i.e. notarized (clause 2 of article 101 of the RF IC). nine0003
Unilateral refusal to fulfill an agreement on the payment of alimony or a unilateral change in its terms is not allowed (Clause 3, Article 101 of the RF IC).
In the event of a significant change in the financial or marital status of the parties and if an agreement is not reached on changing or terminating the agreement on the payment of alimony, the interested party has the right to apply to the court with a claim for changing or terminating this agreement. When deciding on the issue of changing or terminating an agreement on the payment of alimony, the court has the right to take into account any noteworthy interest of the parties (clause 4 of article 101 of the RF IC). nine0003
An agreement on the payment of alimony may be declared invalid in court at the request of the legal representative of a minor child or a guardianship and guardianship authority or a prosecutor in the event that the conditions for providing maintenance to a minor child significantly violate his interests, in particular in case of non-compliance with the requirements on the amount of alimony (Article 102 of the RF IC).
