The law of Ukraine obliges parents to support their children until they come of age, and in the event of a divorce, this obligation is implemented in the form of monthly alimony payments.
Child Support Contract.
The law also provides parents with the opportunity to enter into an agreement that will regulate these relationships and decide for themselves how they want to carry out the maintenance of their child, as well as the size, timing and other important points.
Such an agreement helps spouses avoid conflicts, is mutually beneficial for both parties and helps to avoid conflicts and additional litigation costs.
By concluding such an agreement, the parents themselves decide how and in what amount alimony will be paid. The only restriction is only that the contract should not violate the rights of the child prescribed in the Law.
To draw up a contract, it is best to contact a lawyer in order not to miss important points that will protect your rights and the rights of your child.
If the parent has ceased to fulfill the terms of the contract, then it is possible to recover alimony from him on the basis of the notary's executive inscription, without going to court.
You can conclude such an agreement at any time during the divorce, a few years later or immediately after the birth of the child.
It is possible to change the terms of the contract if both parties agree and themselves want it. You can enter into an additional agreement and notarize it.
An agreement of such a plan can only be concluded in writing with the mandatory participation of a notary and duly certified.
The termination of the contract occurs in the following cases:
there is a court decision to terminate the contract;
the contract expired;
if one of the parties has died;
the child has reached the age of majority or the age specified in the contract;
if the contract was declared invalid by the court;
special conditions specified in the agreement have arrived;
termination of the agreement by agreement of the parties;
conclusion of an agreement in which the parent gave the child a home in return for the monthly payment of alimony.
Also, one of the ways to terminate an alimony payment agreement is if the child has an independent income that is higher than the income of the parents and the child can provide for itself without the participation of the parents. This situation is quite rare, but such cases occur especially in adolescence.
If the mother or father has changed their financial situation or has a new family and children, in this case, he can initiate the termination or amendment of the contract by going to court.
Unilateral refusal to comply with the terms of the contract or making changes is not allowed.
Violating the interests and rights of the child by the terms of the contract is not allowed. If the agreement contains such conditions, it will be terminated by the court and declared invalid.
There are other reasons for invalidating the agreement: the conclusion of the agreement was carried out by means of threats, deception or violence, as well as in a state of serious illness or difficult circumstances.
Recognition of the contract as invalid obliges to return the full amount of money that was paid by the party under the terms of the contract.
What can be indicated in the contract?
The amount of alimony.
The amount of alimony can be indicated either as a fixed amount, or as a percentage of the parent's income. In addition, it is worth mentioning here what exactly is the income from which it is calculated and it is necessary to list all types of earnings from which this percentage will be taken.
Form of payment.
Payments can be made in cash and non-cash payments, securities, etc.
Terms of payment of alimony.
You can make payments monthly, quarterly, annually, etc.
The amount of alimony can be paid in one payment. In this case, indicate how the amount was calculated. Calculation, as a rule, is done for the entire period of payment until the child reaches the age of majority.
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