Moscow Notary Public

ZHANNA VIKTOROVNA PATRASHCHUK

Maintenance agreement

A maintenance payment agreement is a voluntary mutually beneficial decision of parents based on the civilized approach to maintenance of children.

A children's maintenance agreement may be concluded either during the marriage or after its dissolution.

 

Certification of a maintenance payment agreement by the notary public is valid as a writ of execution.

A maintenance payment agreement (an agreement for maintenance amount, conditions and payment procedure) is concluded by and between:

  • a person obliged to pay maintenance and its recipient;

  • lawful guardians of these persons – if a person obliged to pay maintenance and/or its recipient is legally incompetent;

  • partially competent persons may conclude a maintenance payment agreement with consent of their lawful guardians only (Article 99 of the Family Code of the Russian Federation).

Subjects of maintenance relations:

  1. minor children under 14 represented by their lawful guardians: parents, adoptive parents or foster parents;

  2. minor children aged 14 acting with consent of their lawful guardians: parents, adoptive parents or foster parents;

  3. disabled parents requiring assistance from their able-bodied children of majority age);

  4. disabled distressed spouse;

  5. wife during her pregnancy and for three years after giving birth to a mutual child;

  6. distressed spouse looking after a mutual disabled child until the latter turns 18 or for a mutual child, who is a lifelong first class disabled person;

  7. ex-wife during her pregnancy and for three years after giving birth to a mutual child;

  8. distressed former spouse looking after a mutual disabled child until the latter turns 18 or for a mutual child, who is a lifelong first class disabled person;

  9. disabled distressed former spouse, who became disabled before marriage dissolution or within a year after marriage dissolution;

  10. distressed spouse, who reached retirement within five years after marriage dissolution, if spouses were married for a long period of time and other persons specified in Chapter 5 of the Family Code of the Russian Federation.

The amount of maintenance for minor children is set by the parties but it may not be lower than the amount of maintenance, which they might have received if they recovered maintenance in a court of law (Article 81 of the Family Code of the Russian Federation).

The maintenance payment method is set by the parties as they may think fit when they enter into an agreement:

  • in shares of the maintenance payer's salary (or other income);

  • in a fixed amount paid from time to time;

  • in a fixed amount paid in a lump sum;

  • in the form of any property (for example, an apartment, a share of an apartment, a house, a land lot, etc.);

  • other methods (for example, an obligation to purchase any property: an apartment, a land lot, etc.), with respect to which an agreement is reached;

  • or a combination of different maintenance payment methods.

The maintenance payment procedure may be set as follows:

  • by payment in person;

  • by remittance to a bank account of the maintenance recipient;

  • by a mail order or a wire transfer to the address specified by the maintenance recipient;

  • by transfer of maintenance by an organization where a person obliged to pay maintenance is employed, etc.

In the absence of any understanding as to the maintenance payment procedure, the maintenance recipient produces a maintenance payment agreement to an organization at a place of employment.

The maintenance payment terms are defined by the parties in an agreement in their absolute discretion (monthly, quarterly, twice a year, etc.).

Required documents (originals):

  1. valid regular passports of appearers;

  2. child's birth certificate.

The maintenance payment agreement is a personal matter, for which reason no certification of such an agreement against a power of attorney is allowed.

* Once the notary public reads basic documents, the notary public may request additional documents according to the effective legislation of the Russian Federation.

 

 

Information is something private and innermost a notary public committed to keep secret.

Contacts:

+7 (499) 255-15-51

+7 (925) 709-72-22

notariusJV@yandex.ru

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