Calculating alimony is an urgent and important aspect of family law. Situations in which one parent needs to provide financial support for their child after a divorce or separation are quite common. The correct calculation of alimony contributes not only to the observance of the child’s rights but also to the establishment of fair conditions for both parties. In this article, we will look at the main approaches to calculating alimony, including norms, factors affecting the amount of payments, and recommendations for determining them.
What payments are Called Alimony Payments
Different types of alimony payments can be assigned depending on the situation. The most common are alimony payments for minor children. The court sets these payments or may be determined by agreement between the parents.
Alimony is a regular monetary payment that one parent undertakes to pay the other to maintain a common child. It provides the financial support needed to meet the child’s basic needs: food, clothing, medical care, and education. It is important to keep in mind that alimony is not only the responsibility of one parent but also a way to provide a child with decent living conditions and development.
Alimony can also be paid to maintain spouses in the event of a divorce when one of the partners needs financial assistance due to a lack of stable income or the ability to provide for themselves.
In addition, alimony can be assigned to maintain incapacitated adult children or spouses in difficult life situations. The amount of alimony may vary depending on the payer’s income level, the recipient’s needs, and the family’s general financial condition.
When there is a Need to Calculate Alimony
Calculating alimony is necessary in several cases when financial support is needed for a child or other family members.
1. The first case is the parents’ divorce when one has to pay alimony to maintain a minor child. In this case, it is important to consider the child’s expenses, including food, clothing, medical care, and education. It should be noted that alimony payments for the maintenance of a minor child can be calculated without the parents’ divorce, in marriage, or even outside of marriage when the parent is listed as the mother or father on the child’s birth certificate.
2. The second case involves a change in the income of the parent who has to pay alimony. If the parent who has to pay alimony has changed financial conditions, for example, he lost his job or received a pay cut, it may be necessary to review the amount of alimony. This procedure should also be initiated in court.
3. The third case is the birth or adoption of a second child and subsequent children. If a parent has new obligations, this usually affects the amount of alimony for the first child.
4. The fourth case is the need for help for a spouse. In a divorce, when one of the partners is temporarily or permanently unable to provide for himself, alimony can be issued to support his financial condition.
Alimony may also need to be calculated if one of the parents evades payments or new circumstances arise that require a change in the already established amount. For all questions related to special alimony payments, we recommend that you contact our experienced family lawyers.
How Alimony Payments are Calculated
Alimony can be calculated according to the rules contained in the legal regulations or otherwise. There are also certain calculation rules when the amount of alimony is set not in court but by agreement between the recipient and the alimony payer.
Calculation of Alimony by Legal Norms
When alimony for the maintenance of minor children is collected through the court, the Marriage and Family Code’s calculation rules apply.
Alimony is collected monthly from the parent’s income, as well as from other sources of income, as follows:
- One child – 25% of income.
- Two children – 33% of income.
- Three or more children — 50% of income.
For able-bodied parents who do not have a permanent job, the minimum amount of alimony is set based on a budget of the subsistence minimum per capita: at least 50% for one child (223.82 rubles), 75% for two (335.73 rubles), 100% (447.64 rubles) for three or more children. The Ministry of Labor and Social Protection of Belarus determines the size of the subsistence minimum budget. From February 1 to April 30, 2025, the minimum subsistence budget is 447 rubles and 64 kopecks.
Alimony in a Fixed Amount or Basic Amounts
If the children live with each parent, the less well-off parent may apply to the court to collect alimony in a fixed amount of money. The court determines the amount of the payment, taking into account the minimum amounts of alimony and the parents’ financial and marital status.
In some situations, a parent required to pay alimony may not have a stable income or receive part of the earnings in kind. It often happens if the parent is engaged in entrepreneurship or farming. In such cases, the court may award alimony in a fixed amount or a certain number of basic amounts.
Also, in a fixed amount of money or basic amounts, the court collects alimony for the maintenance of adult disabled children (for example, invalids). When calculating alimony in this case, the court considers the alimony payer’s financial condition and family situation.
Calculation of Alimony by Agreement of the Parties
By agreement of the parties, the amount of alimony can be determined in documents signed by both parties to the alimony obligation:
- In the marriage contract.
- In the Agreement on Children.
- In the agreement on the maintenance of their minors and (or) disabled adult children in need of assistance (alimony agreement).
- In the Alimony Payment Agreement.
- In the Settlement Agreement.
- In the Mediation Agreement.
Each of these documents allows for the possibility of paying alimony in the future.
Mediation and settlement agreements are concluded in court, and other agreements and a prenuptial agreement are concluded with a notary. We recommend that you get the advice of our experienced lawyer to formulate the terms of the alimony in the Marriage Contract and agreements.
The amount of alimony determined by the parties to the agreements cannot be lower than the minimum amount collected through the court.
In the Alimony Payment Agreement, you can define one of the methods or a combination of the following methods of paying alimony:
- Percentage of the parent’s income who will pay alimony.
- Fixed amount of periodic payments.
- Fixed amount, which is paid once.
- Transfer of property to the child’s ownership, including real estate, a share in real estate ownership. It is possible due to the payment of alimony in the future.
Alimony Indexing
Alimony indexing occurs when alimony is calculated in basic terms, and the size of the basic amount is changed.
The Alimony Payment Agreement can provide its procedure for indexing alimony payments, which are paid periodically in a fixed amount. When such an order is not defined in the agreement, the court or the organization that withholds alimony indexes their amount by the new size of the base amount.
Minimum and Maximum Alimony Payments
The minimum amount of alimony is determined by the court based on the legal norms on the retention of alimony. Alimony is not limited to a maximum amount.
However, there is a limit to the number of deductions from the alimony payer’s income. The maximum deduction amount from income for various reasons is 70%. As a general rule, an alimony payer must retain at least 30% of income, including wages and other income.
What Income is Not Deducted from Alimony
Alimony is deducted from the total income and earnings of the alimony payer. However, alimony payments are not deducted from some payments:
- Travel allowance.
- Burial allowances.
- Compensation for the employer’s use of the employee’s property.
- Severance pay (no higher than the average monthly salary).
How an Accountant Calculates Alimony Payments on a Writ of Execution
Usually, the question of calculating the amount of alimony arises from the company accountant to which the writ of execution for the recovery of alimony has been sent.
The accountant sees in the writ of execution the amount of alimony as a percentage of the amount of earnings that are accrued at the place of work. To calculate the amount of alimony, you need to sum up all types of income taken into account when determining alimony and deduct income tax (usually 13%) and Social Security contributions (usually 1% of accruals) from this amount. From the result, you need to calculate 25% per child or another percentage for more children. Regarding the calculation of alimony amounts for transfer to recipients, we recommend that you seek the advice of our experienced accountant.
When Alimony Payments are Recalculated
The court may, at the request of the interested party, the alimony payer, reduce the amount of alimony in the following situations:
1. A parent obliged to pay alimony has other minor children whose interests may suffer in comparison with children whose support alimony is paid in the amount prescribed by law.
2. If a parent is required to pay alimony and is a disabled person of group I or II, the court may completely release such a parent from alimony obligations.
3. If 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 alimony.
Conclusion
In conclusion, we note that the calculation of alimony is an important component of ensuring the welfare of children and protecting their rights. Determining the amount of alimony can vary depending on many factors, such as the parent’s income, the number of dependents, and the child’s needs. It must be remembered that respecting the interests of children should always be a priority. If you have any questions or difficulties with the calculation of alimony, it makes sense to contact our experienced lawyer, who will help you understand the situation and suggest the best solution.
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If you have any questions and disputes related to family law in Belarus, we will be happy to help! Our long-term experience in the field of protecting citizens’ rights will help you resolve any disputes in this area.
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