The legislation of Ukraine provides for the possibility of concluding an agreement on the payment of child support, in which parents independently agree on the amount and timing of their payment.
The conclusion of such an agreement is a very convenient tool that can not only set the amount and procedure for payment of alimony, but also control the correctness of their payment.
The conclusion of such an agreement has a number of advantages over foreclosure:
Concluding an alimony agreement is a very quick procedure. You can enter into such an agreement within one day. Recovery of alimony in court involves a long trial (from 1 to 4 months).
Ability to establish control over the correctness and timeliness of alimony payments.
To do this, it is necessary to prescribe the obligations for the periodic provision of documents confirming the income of the payer for the period of payment (relevant certificates, income statements, etc.). Such documents may indicate whether the amount of payments is understated.
If the payer’s income increases and alimony remains low compared to income, the contract can be changed or terminated.
Ability to identify incentives for payment.
The contract may stipulate liability for non-payment, such as a penalty for late payment or failure to provide income documents, failure to notify a change of employment.
Convenient enforcement procedure.
If the alimony payer violates the obligations under the contract, it is possible to collect the debt for non-payment on the basis of a notary’s writ of execution, after which the contract will become an executive document.
Why hire a lawyer if the contract template is developed by a notary at the time of its conclusion?
When concluding an alimony agreement, it should be understood that the terms of such an agreement are not clearly regulated, structured or defined by law. The provisions of the contract are stipulated by the parties and prescribed by agreement. Therefore, in case of legal inexperience of one of the parties to the contract, it may happen that the terms of the contract do not mean what the father or mother of the child meant when signing it, which will not be in their favor.
I show the practice that people who intend to enter into such an agreement do not seek legal assistance in order to save money, because you need to pay for the services of a lawyer.
Yes, indeed, the notarization of the contract guarantees the legality of the text and terms of the contract. Indeed, the notary is a disinterested person and certifies a legally competent contract and the parties do not have to worry about certain errors and inaccuracies in it. However, because of this, notaries provide the simplest forms and templates of such agreements. In order to prevent the possibility of making a mistake and its subsequent appeal, notaries do not compile complex texts of contracts and use standard documents, and usually do not prescribe in them, for example, the mechanism of control over the income of payers.
Therefore, if the parties wish to prescribe more complex conditions described above, for example, to establish control over the correctness and timeliness of alimony payments, incentives for payment, etc., a lawyer must be involved in drawing up the contract. After all, when compiling it yourself, you can make a number of mistakes that will be costly in the future.