Alimony without a court order: how parents can officially agree on child support payments

In Ukraine, parents can settle the issue of child support without going to court. To do this, they have the right to conclude a written agreement on the payment of alimony and have it notarized.

This possibility is provided for by Article 189 of the Family Code of Ukraine.

What can be provided for in the agreement

Parents can independently determine the amount of alimony, the terms and procedure for its payment. At the same time, the terms of the agreement must not violate the rights of the child.

The document can provide for:

the specific amount and frequency of payments;

the terms and method of transferring funds;

the conditions for using funds for the needs of the child;

other agreements regarding its maintenance.

The amount of alimony determined by agreement between the parents cannot be lower than the minimum guaranteed amount of alimony for a child of the appropriate age established by law.

What will happen if one of the parents stops paying

An important advantage of a notarized agreement is the possibility of forced collection of funds in case of non-fulfillment of its terms.

If the payer ceases to fulfill his obligations, alimony may be collected on the basis of a notary’s executive order in accordance with the procedure prescribed by law.

Thus, in order to receive alimony, it is not necessary to first go through a full-fledged court process.

Can the terms of the agreement be changed

Yes. If both parents agree, they can make changes or additions to the agreement. The relevant agreements must also be drawn up in the form established by law and notarized.

If one of the parties does not agree to change or terminate the agreement, the dispute may be resolved in court.

When determining the amount of alimony, the court takes into account the needs and health of the child, the financial situation of the parties, the presence of the payer of other children and dependents, property, income and other circumstances that are of significant importance.

Thus, a notarial agreement on the payment of alimony allows parents to agree in advance on financial issues regarding the maintenance of the child and to legally consolidate the agreements without going to court.