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- Let's be honest: the number of alimony agreements is growing in the Russian Federation
Let's be honest: the number of alimony agreements is growing in the Russian Federation
In Russia, alimony agreements have significantly increased in popularity in 2025 — their number has increased by 20% compared to the same period last year, the Federal Notary Chamber told Izvestia. The dynamics indicate a tendency towards the peaceful settlement of alimony obligations without litigation. About effective tools for collecting funds for raising children — in the material of Izvestia.
Without trial and investigation
In the first six months of this year, notaries certified 17.5 thousand alimony agreements, the Federal Notary Chamber reported.
— An alimony agreement helps to ensure that children's rights to receive financial support are protected in cases where parents are divorcing. Notarization is mandatory and ensures the legality of the terms of such a document, allows you to take into account the interests of all parties, " explained the FNP.
If the alimony payer stops paying, the recoverer can contact the bailiffs directly, without hearing the case.
For example, in the Rostov region, a man owed 40 million rubles in alimony for several children.
"Since the former spouses had an alimony agreement, and it has executive force, the woman was able to contact the bailiffs directly and recover the money without legal proceedings," the chamber said.
For the sake of a happy childhood
The notary undertakes the drafting of the agreement, specifying the date, procedure and amount of payments, taking into account the possibility of indexing and penalties for delay.
The parties can agree on a fixed amount of payments or as a percentage of income, but not below the minimum legal norms (¼ income per child, ⅓ — for two, ½ — for three or more).
When certifying the agreement, the notary requests certificates of the payer's income, taking into account all sources: salary, rent, etc.
"Sometimes parents agree that the alimony payer will provide certificates periodically, and include a provision on adjusting the amount of alimony," the FNP said. "In one case, the parties decided to change the terms of the current agreement to increase the amount of alimony because the payer found a job with a higher salary.
Not just the cache
In some cases, alimony payments can be apartments or shares in real estate, which helps resolve property disputes between former spouses. An alimony agreement may include payment for tutoring, sports or creative clubs for the child, treatment and rest.
— It is possible to conclude an agreement with any notary, without reference to the place of residence or stay, — the chamber clarified. — The exception is when the parent transfers the property to pay alimony: then the agreement is signed in the entity where it is located. If the former spouses live in different regions or simply do not want to meet at the same table, the alimony agreement can be certified remotely with the participation of two different notaries.
Some of the funds may come from money for children, and some from food, clothing, and paid utility bills. This comprehensive approach takes into account the real needs of children and the specifics of family circumstances.
— Another story from practice: the family lived in rural areas, the income of both parents was low, — told in FNP. — During the divorce, they entered into an alimony agreement, according to which, in addition to paying the corresponding part of the income, the man also undertook to transfer vegetables from his garden, milk, and meat to the children. In another case, the mother wanted the child to dance. My father insisted on sports. At the same time, the child liked both. Therefore, the parents stipulated in the agreement that the mother pays for dancing, and the father for sports.
In the first half of the year, Russian bailiffs increased the volume of alimony debts collected by 21%. In 2024, law enforcement agencies initiated 54 cases. criminal cases for non-payment of alimony
Preparation for the agreement
— When certifying the agreement, the notary talks with the parents, finds out the actual needs of the children and the solvency of the alimony payer, tells how alimony can be paid, — said the FNP press service.
The notary must also make sure that none of the former spouses exerts pressure on the other. That both clearly understand all the details and legal consequences of signing the document, and no one is trying to use it for personal interests unrelated to the child.
Sometimes parents try to lower alimony payments in order to receive government benefits, or overstate them in order to avoid creditors.
"First of all, the notary makes sure that the interests of the child are respected," the FNP assured. — Therefore, in cases where the parents clearly have other motives, he will offer to change the conditions or even refuse to certify the document.
The alternative
The norms aimed at combating alimony defaulters are contained not only in the Family Code of the Russian Federation, but also in Federal Law No. 229-FZ dated 02.10.2007 "On Enforcement Proceedings", the Code of Administrative Offences of the Russian Federation, as well as in the Criminal Code of the Russian Federation.
— For example, clause 2 of Article 115 of the RF IC provides for civil liability in the form of a penalty in the amount of one tenth of a percent of the amount of unpaid alimony for each day of delay, - says Polina Pereda, lawyer, head of the judicial support department at the vvCube consulting group. — In addition to the penalty, the norm provides for the obligation of the alimony defaulter to compensate for losses caused by late payment, to the extent that they are not covered by the penalty.
In addition, the Family Code provides for the deprivation of parental rights for malicious non-payment of alimony.
— Deprivation of parental rights is a special measure of responsibility applied only in extreme cases when it is not possible to protect the rights and interests of the child in any other way, — says the Transition. — The deprivation of parental rights means the complete loss of the legal bond between parent and child. This often makes a negligent parent come to his senses.
The measures provided for in the law on enforcement proceedings, the Administrative Code of the Russian Federation and the Criminal Code of the Russian Federation are also quite effective, since they are directly related to the actual seizure of the debtor's property and the restriction or deprivation of his personal rights and freedoms. Very effective measures are the maintenance of a public register of debtors on alimony obligations (Article 6.1 of the law "On Enforcement Proceedings"); a ban on traveling abroad if the alimony arrears amount to more than 10 thousand rubles (Article 67 of the law "On Enforcement Proceedings"); temporary restriction on the debtor's use of a special right (the right to drive vehicles by other means).
For non-payment of alimony, which falls under Part 1 of Article 5.35.1 of the Administrative Code of the Russian Federation, the perpetrator may receive punishment in the form of compulsory labor for up to 150 hours or administrative arrest for a period of 10 to 15 days or an administrative fine of up to 20 thousand rubles, the lawyer of the Transition recalls.
— In case of repeated commission of a similar act within a year from the moment of bringing to administrative responsibility under Article 5.35.1 of the Administrative Code of the Russian Federation, the alimony defaulter may already be brought to criminal responsibility under Part 1 of Article 157 of the Criminal Code of the Russian Federation, — says the interlocutor of Izvestia. — For committing a crime provided for by the said norm, the perpetrator may be punished with correctional labor for up to 1 year, or forced labor for the same period, or arrest for up to 3 months, or imprisonment for up to 1 year.
How to collect
According to lawyer Alla Georgieva, courts, as a rule, quickly consider civil cases related to the recovery of alimony.
— If we are talking about civil proceedings, then usually the claim is considered within a month, — says the lawyer.
It happens that alimony is collected by court, but the payer evades paying the amount of money really needed by the children in various ways.
— In this case, it is necessary to apply to the court with a claim to change the procedure for collecting alimony. The law provides for the possibility to change the previously established procedure for collecting alimony. For example, you can switch from collecting a share of income to collecting a fixed amount of money.
Georgieva stressed that in some cases there are questions about the work of bailiffs.
— For example, the court has collected, but the bailiff does nothing — he does not arrest the property, in this case it is worth writing a complaint about the actions of the executor to higher authorities.
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