The issue of alimony recovery is an important and relevant topic concerning family relations and social responsibility. At a time when many citizens are facing divorce and separation, the need to provide financial support for children is becoming particularly acute. In Belarus, the legislation provides for various mechanisms and procedures aimed at protecting the rights of children and disabled parents and ensuring their well-being through the payment of alimony. In this article, we will look at the key aspects of recovering alimony from Belarusian citizens and the steps to successfully implement this process. For all questions related to the recovery of alimony from citizens of Belarus, we recommend contacting an experienced lawyer.
When Can Alimony be Recovered from Citizens of Belarus
In Belarus, alimony payments can be collected from:
- Parents for minor children.
- Parents for disabled adult children.
- Children for disabled parents.
Alimony is collected from parents when they do not fulfil the duties of maintaining children: minors and adults who are unable to work and who need help (disabled people).
The parent who brings up and supports the children initiates the collection of alimony.
When collecting alimony from children to maintain an incapacitated parent, the parent who needs help initiates the collection.
It is not necessary to file for divorce or prove the separation of spouses and children in order to collect child support.
Alimony is collected from adult able-bodied children when children do not fulfil the duties of maintaining disabled parents who need the help of their children.
You can get advice on collecting alimony from Belarusian citizens from our experienced family lawyers.
When the party recovering alimony is located outside of Belarus, a request for alimony recovery can be sent to the regional or Minsk city court at the place of residence of the person who is required to pay alimony. Regarding the recovery of alimony from Belarusian citizens by foreign citizens, we recommend that you get the advice of our experienced family lawyer.
Voluntary Payment of Alimony
It is important to understand that alimony can not be recovered but to agree on their voluntary payment. For this, an agreement on the payment of alimony is often concluded. The agreement is concluded to pay child support (not for parents). The parties to the agreement are the parent who must pay alimony and the parent who receives alimony. When one or both of these parents are incapacitated, the agreement is concluded by their legal representatives.
Alimony payments may be provided in a marriage contract or agreement on children In this case, an agreement on alimony payment is not concluded.
An agreement on the payment of alimony, a marriage contract, or an agreement on children may provide for an increased amount of alimony compared to the mandatory minimum established by the state.
For questions related to preparing these documents, we recommend contacting our experienced family lawyer.
The Amount of Alimony
The amount of alimony that is collected for the maintenance of children and the maintenance of parents is determined differently. Regardless of their size, alimony is paid monthly.
The Amount of Alimony for the Maintenance of Disabled Parents
The amount of alimony for disabled parents is determined by the court, considering the issue of collecting alimony. The court may collect a certain amount or a certain number of basic amounts from each of the children.
When collecting alimony for the maintenance of parents, the court takes into account:
- The financial and marital status of the parents and each of the children.
- All adult children of the parent, regardless of which of them the parent requires to pay alimony.
Parents deprived of parental rights are not entitled to alimony from their children. The court will not collect alimony if it finds out that the parents evaded parental duties.
The court may change the amount of alimony for parents if the financial or marital status of the recipients or payers of alimony has changed. To change the amount of alimony, the interested party submits a statement of claim to the court. If you have any questions about changing the amount of alimony, drafting a statement of claim and representing interests in court, we recommend contacting our experienced family lawyers.
The Amount of Alimony for Minor Children
If the amount of alimony has not been determined by the parents of the children in the marriage contract, the agreement on children, and the agreement on the payment of alimony. In that case, they are charged the amount determined by the state.
Alimony is recovered monthly from earnings, as well as other income of the parent:
- 25% per child.
- For two children – 33%.
- For three or more children – 50%.
- For able-bodied parents, the minimum amount of alimony per month is determined from the budget of the subsistence minimum per capita: at least 50% for one child, 75% for two children, and 100% for three or more children. The size of the subsistence minimum budget is set by the Belarusian Ministry of Labor and Social Protection. In January 2025, the minimum subsistence budget was 437 rubles and 80 kopecks.
When the children remain with each parent, the less well-off parent can recover alimony in a fixed amount. The court determines this amount, taking into account the minimum amounts of alimony and the parents’ financial and marital status.
In some cases, the parent who is required to pay alimony does not have regular earnings or income or receives part of the earnings in kind. It is possible when the parent is engaged in entrepreneurial or farming activities. In such cases, the court recovers alimony in a fixed amount of money or a certain number of basic amounts.
The court may reduce the amount of alimony in the following cases:
1. The parent who is required to pay alimony has other minor children whose interests will suffer compared to the children whose maintenance the parent pays alimony in the amount established by the state.
2. The parent required to pay alimony is a disabled person of group I or II. The court may even exempt such a parent from paying alimony in this case.
3. When an able-bodied parent cannot pay alimony in the prescribed amount for objective reasons.
We recommend that you consult our experienced family lawyer for questions about determining and changing the amount of child support.
The Amount of Alimony for Adult Disabled Children
The court collects alimony for adult disabled children who need help in a fixed amount or in a certain number of basic amounts. The court considers the recipient’s financial and marital status and alimony payer when determining their amount.
Is it Possible to Recover Alimony before the Court Considers the Case
When recovering alimony from a parent whose child’s parent records in the birth certificate record, the court may, before considering the case, decide on the defendant’s obligation to pay for the maintenance of the children. The court issues a ruling on the temporary recovery of the amount for the maintenance of children. The court determines this amount as a percentage or share of the defendant’s earnings or other income.
We recommend contacting our family lawyer to properly apply to alimony recovery, including before the court considers the case.
How Alimony is Recovered
The process of recovering alimony for a minor child can be presented in the form of a step-by-step algorithm.
Step 1. Contacting the other parent
The first step is to attempt to resolve the issue peacefully. You can contact the child’s other parent with a proposal to voluntarily negotiate the terms of alimony payment. If an agreement is reached, it is best to formalize it in writing and notarize it. It may be an agreement on children, an agreement on the payment of alimony, or a marriage contract. It will save time and money.
Step 2. Preparation of documents for the court
If an agreement has not been reached, the following documents must be prepared for filing with the court:
- An application for initiating writ proceedings or a statement of claim for the recovery of alimony.
- A copy of the child’s birth certificate.
- A copy of the marriage or divorce certificate .
- Documents that confirm the defendant’s income and expenses (if required), place of work, business or craft activities.
Step 3. Filing an application to the court for the initiation of writ proceedings
The application is submitted to the court at the defendant’s residence or the plaintiff’s residence if the plaintiff lives with a minor child. The application is considered within a month after filing, without a court hearing or summoning the parties.
Alimony can be recovered in the future. Over the past three years, alimony can be collected when there is evidence that the defendant evaded the child’s maintenance despite the measures taken to obtain funds for his maintenance.
When, at the same time as recovering alimony, it is required to establish paternity or motherhood or involve third parties in the case, a statement of claim is filed with the court, which is considered at a court hearing with the summons of the parties.
Step 4. Obtaining a court order
After the court order is issued, the debtor receives a ruling on the court order within three days, which specifies the conditions for the payment of alimony: the amount and timing of payment.
The debtor may, within 10 days, submit objections to the court against the demands for the recovery of alimony. If this has happened, the judge cancels the ruling on the court order. In this case, it is possible to collect alimony in the order of claim proceedings: send a statement of claim to the court, which the court will consider at a court hearing with the summons of the parties.
Step 5. Execution of the court decision
Court decisions on the recovery of alimony are executed immediately after their issuance. The writ of execution, which the court issues after consideration of the case in the order of claim proceedings, indicates the amount of alimony, the dates of birth and the names of each child, and the time frame for collecting alimony. Bailiffs begin enforcement proceedings, and the defendant undertakes to pay alimony by the court’s decision. If the defendant does not fulfil his obligations, bailiffs may apply enforcement measures: seizure of property, withholding alimony from wages, restriction of the right to travel abroad, and other measures.
When collecting alimony and other payments from an employed debtor, at least 30% of his earnings must remain with him.
Step 6. Execution control
The plaintiff can control the execution of the judgment by regularly interacting with the bailiffs. If alimony is not paid, the plaintiff has the right to apply for bringing the defendant to administrative or criminal responsibility for evading alimony payments. In some cases, the bailiff is required to declare a search for the alimony debtor.
Thus, collecting alimony includes both pre-trial and judicial stages, requiring the preparation of documents and interaction with judicial authorities and bailiffs. At each stage, we will provide information and documentary support on the recovery of alimony and the enforcement of court decisions. To do this, we recommend contacting our experienced family law lawyers.
How do Alimony Payments Get to the Claimant
The bailiff sends the documents on the recovery of alimony (writ of execution) at the payer’s place of work (or at his place of study, receiving a pension). The company in which the alimony payer works is obliged to deduct the amounts of alimony specified in the writ of execution from the income of such an employee every month. These amounts, within three days from the income payment date to the alimony payer, are transferred to the alimony recipient in the manner specified in the writ of execution.
When withholding alimony, various nuances may arise related to the alimony payer’s dismissal or change of job. The employer is obliged to inform the bailiff and the alimony recipient about such features within three days.
We recommend contacting a family lawyer if you have any questions about receiving alimony from the payer.
Conclusion
The process of recovering alimony from a Belarusian citizen can be complicated and require knowledge of both local and international legislation. Many factors must be taken into account, including the legal norms that regulate the procedure for collecting alimony and ways to enforce court decisions.
If you encounter difficulties recovering alimony, our experienced family lawyers are ready to provide qualified legal assistance. During the consultation, you will be able to understand the legal details and receive support at every stage of the process. Our lawyers can represent your interests in court and other government agencies and organizations. Ask for advice to protect your interests and the rights of your children.
Contact us
If you have any questions related to recovering alimony in Belarus, we will be happy to help! Our long-term experience will help you choose a lawyer, to represent and protect your interests and the rights of your children.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
