Not only the amount of payments: what can be stipulated in a child support agreement

It is quite possible to agree on child support without a court dispute if there is no conflict between the parents regarding the fulfillment of their obligations. Ukrainian legislation allows for a notarized agreement on the payment of alimony, in which the parties independently determine the amount, terms, and procedure for payment, as well as regulate other issues related to the child's provision. "Judicial and Legal Newspaper" reviewed the provisions of the Family and Civil Codes of Ukraine and explains how to formalize such an agreement, what conditions it may contain, when it can be changed or terminated, and what happens if the payer stops fulfilling their obligations.

How to conclude a child support agreement

According to Article 189 of the Family Code of Ukraine, parents have the right to conclude an agreement on the payment of alimony for a child, in which they determine the amount, terms, and procedure for payment.

The recipient of alimony is the parent with whom the child resides.

The agreement must be concluded exclusively in writing and must be notarized.

The document must specify:

• the amount of alimony;
• the payment terms;
• the payment procedure;
• conditions for the targeted use of funds.

At the same time, the terms of the agreement cannot violate the rights of the child guaranteed by the Family Code of Ukraine.

What the amount of alimony can be

Parents independently determine the amount of alimony, but it must be necessary and sufficient to ensure the harmonious development of the child.

At the same time, the amount of payments cannot be lower than the minimum guaranteed by the state.

According to Article 182 of the Family Code of Ukraine, the minimum guaranteed amount of alimony for one child is at least 50% of the subsistence minimum for a child of the corresponding age.

At the same time, the minimum recommended amount of alimony equals the full subsistence minimum for a child of the corresponding age.

How alimony can be paid

By agreement between the parents, alimony can be paid:

• as a share of the income of the mother or father;
• in a fixed monetary amount.

If alimony is set in a fixed monetary amount, it is subject to annual indexation according to the law, unless the parties agree otherwise. This provision can also be included in the agreement.

At the same time, the Family Code provides exactly these methods of determining alimony when awarded by the court. Meanwhile, Article 627 of the Civil Code of Ukraine enshrines the principle of freedom of contract, which allows the parties to independently determine its terms taking into account the requirements of the law, business customs, and principles of reasonableness and fairness.

What payment terms can be established

The parties independently determine the frequency of alimony payments taking into account the interests of the child.

The agreement may provide for:

• monthly payments;
• quarterly payments;
• other agreed intervals;
• one-time payment.

What additional conditions can be stipulated

The child support agreement allows regulating not only the issue of monthly child maintenance.

In particular, the parties may provide for each parent's participation in covering additional expenses for:

• education;
• clubs and sports sections;
• treatment;
• health improvement;
• recreation.

In addition, the agreement may define the procedure for the child's communication with the parent who lives separately, as well as, if necessary, with other relatives.

For what term is the agreement concluded

The term of the agreement is determined by mutual consent of the parties.

It may be valid until the child reaches adulthood or for another term agreed upon by the parents.

How to change or terminate the agreement

The agreement can be changed or terminated by mutual consent of the parties by concluding a notarized additional agreement.

The law also provides for the possibility of concluding an agreement on the termination of the right to alimony in connection with the transfer of ownership of real estate to the child.

If the parents cannot reach an agreement, the issue of changing or terminating the agreement is resolved in court.

What liability is provided for late payment of alimony

Article 196 of the Family Code of Ukraine provides that in case of arrears due to the fault of the payer, the alimony recipient has the right to demand penalty payments.

The amount is 1% of the unpaid alimony for each day of delay, but the total amount of penalties cannot exceed 100% of the debt.

This provision can also be directly stipulated in the agreement.

What to do if the agreement is not fulfilled

If one of the parents does not fulfill their obligations under the agreement, it is not necessary to go to court.

Article 189 of the Family Code of Ukraine provides for the possibility of collecting alimony based on a notary's enforcement inscription.

When notarizing the agreement, the notary explains this provision to the parties and indicates in the text of the agreement the possibility of uncontested alimony collection in case of non-fulfillment.

After obtaining the enforcement inscription, the alimony recipient can apply to the state enforcement service or a private executor for forced collection of the debt.

To obtain the enforcement inscription, the notary must be submitted:

• an application for its issuance;
• the original notarized agreement;
• documents confirming the uncontested debt and the fact of delayed fulfillment of the obligation.

Is it possible to check how alimony is spent

According to Article 179 of the Family Code of Ukraine, alimony is the property of the child.

The parent to whom the alimony is paid must use these funds exclusively in the interests of the child.

If the payer has doubts about the targeted use of alimony, they can apply to competent authorities requesting an appropriate inspection.

Control over the targeted use of alimony is exercised by the guardianship and custody authority through inspection visits to the alimony recipient. Such a need most often arises when the amount of payments is significant.

What documents are needed to conclude the agreement

To formalize the agreement, it is necessary to prepare:

• passports or other identity documents of the parties;
• taxpayer identification numbers;
• child's birth certificate.

What are the advantages of a child support agreement

Such an agreement has a number of advantages compared to court dispute resolution.

In particular, it:

• allows resolving the issue without going to court;
• gives the parties the opportunity to independently determine the terms of child maintenance;
• allows for participation in additional expenses;
• provides the possibility of quick enforcement through a notary's enforcement inscription;
• helps minimize the risk of further conflicts between parents.

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