How is a pledge agreement for alimony drawn up?

27.04.2024 11:13
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How is a pledge agreement for alimony drawn up?

The direct source of income of some persons paying alimony is related to going abroad, migration. In such cases, the ban on traveling abroad can be removed by prepayment of alimony or by concluding a pledge agreement on alimony.


1. How to remove the travel ban?

The court or MIB may temporarily restrict the travel of alimony payers abroad.

The ban on traveling abroad can be removed in 2 ways:

advance payment of alimony;

conclusion of a pledge agreement on alimony.

2. How many periods of alimony should be paid in advance?

Alimony must be paid in advance for a period of not less than 5 years. If the period until children reach adulthood is less than 5 years, alimony is paid in advance for the remaining period.

3. What is the amount of the collateral contract?

It is also possible to secure the payment of alimony with collateral, and the value of the collateral should not be less than 250 times BHM (85 million soums). Any property (car, shop, house, apartment) can be collateral.

4. Who to contact?

In order to prepay alimony or secure alimony with a pledge, the court on civil cases that issued the enforcement document is addressed.

In this case, an application is submitted to the court to change the method and order of execution of the executive document. Application samples are available here.

The application must be accompanied by a certificate of non-existence of alimony payments issued by the MIB, and a decision of the state bailiff to calculate the amount of alimony that has been determined to be paid in advance.

When alimony is provided with a pledge, a pledge agreement must also be attached.

In addition, the application indicates objective circumstances that prevent the payment of alimony from month to month (invitation to visit another country, order of employment in another country, etc.).

5. How long should MIB issue the certificate?

An application for a certificate of non-existence of indebtedness and a decision of the state bailiff to calculate the amount of alimony determined in advance will be considered in 7 working days.

If additional study of documents is required, the application can be considered within 15 working days.

Advance payment is valid for a period of one month from the date of issuance of the decision on calculating the amount of fixed alimony, which is indicated in the decision.

6. How is a pledge agreement drawn up?

The pledge agreement is notarized. A sample contract can be found here.

If the alimony is not paid for more than 2 months, the collection will be focused on the mortgaged property.

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