Many families are concerned about collecting alimony from a foreign citizen in Belarus. There are many reasons why this may be necessary, including divorce, separation, or other circumstances that affect childcare responsibilities. Despite the legal difficulties associated with international relations and differences in legislation, Belarus has mechanisms to effectively resolve these issues. This article will examine the main aspects and features of collecting alimony from foreign citizens and the mechanisms available to protect the child’s rights and ensure his material well-being.
What is Alimony
Alimony is a statutory financial periodic or one-time payment by one individual for the benefit of another individual who needs assistance.
Alimony is provided for maintenance:
- Minor children.
- Adult disabled children.
- Disabled parents.
The parent who raises children usually takes the initiative to collect child support.
Regarding alimony payments for disabled parents, the initiators may be the parents themselves, their guardians, or the prosecutor’s office.
When it Comes to Recovering Alimony
We are talking about recovering alimony in cases where the person who is obliged to pay alimony does not pay it voluntarily. It is not necessary to be in a registered marriage to collect alimony. It is enough that the person from whom alimony is being collected is recorded in the child’s birth certificate as the mother or father.
When Can Alimony be Recovered from a Foreign Citizen
When a foreign citizen does not fulfil his duties for the maintenance of his minor children, adult disabled children, and disabled parents, alimony payments for the maintenance of these persons can be recovered from him.
The recovery of alimony from foreign citizens has peculiarities related to the relationship between Belarus and the state where the foreigner lives.
Recovery of Alimony when a Foreign Citizen Resides in Belarus
When a foreign citizen has a permanent residence permit and a residence permit in Belarus, alimony is recovered from him in the same manner as from citizens of Belarus. You can learn more about the recovery of alimony from such foreign citizens by consulting our family lawyer.
The amount of alimony, which is defined as the minimum, is:
- For one child – 25% of all types of earnings of a foreign citizen.
- For two children – 33%.
- For three or more children – 50%.
When a foreigner who permanently resides in Belarus does not have a permanent job but is able-bodied (not disabled, not recognized as legally incompetent), the amount of alimony 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 Ministry of Labor and Social Protection of Belarus has set the minimum subsistence budget for January 2025 at 437 rubles and 80 kopecks.
To recover alimony, apply to the court at the place of residence of this foreign citizen in Belarus. You need to get a positive court decision on the recovery of alimony (a ruling on a court order) and a writ of execution. To resolve the issue of recovering alimony from a foreigner who lives in Belarus, we recommend contacting our experienced family lawyer.
Recovery of Alimony when a Foreign Citizen Resides in Another Country
When a foreign citizen who does not fulfil the duties of maintaining his children (parents) and who needs assistance lives abroad, there are special features for recovering alimony. In particular, it is necessary to consider the provisions of international treaties that specify which documents are needed to recover alimony in a particular state. In general, we recommend that you first obtain an executive document on the recovery of alimony in Belarus. To do this, you need to apply to the court at the child’s place of residence in need of help. However, this method is not suitable in all cases.
When the Alimony Debtor is in Russia
When a Belarusian court issues a writ of execution against an alimony debtor residing in the Russian Federation, enforcement occurs through the Belarusian bailiff service. You need to contact the Department of Enforcement of the Main Department of Justice of the regional Executive Committee or the Minsk City Executive Committee.
For enforcement, it is necessary to submit to this department an enforcement document on the recovery of alimony and an application for the initiation of enforcement proceedings. The application is addressed to the competent bailiff of the Russian Federation.
The application indicates:
- The debtor’s place of residence in Russia (information about the place of residence).
- Data of minor (adult disabled) children.
- The way in which the claimant wants to receive alimony by mail or to a bank account. It is necessary to provide bank account details, otherwise the Russian Federation will refuse to recover alimony.
The application can be made in consultation with our experienced lawyer.
When the enforcement document has already been executed in Belarus, you need to get a certificate from the bailiff on the amount of the alimony debt.
You will also need documents stating that the debtor had information about the time and place of the case (on issuing a court order without considering the case and summoning the parties).
When the Alimony Debtor is in Georgia or Turkmenistan
When an alimony debtor is located in these countries, alimony payments can be recovered through the Ministry of Justice of Belarus. The claimant submits a petition to the Ministry of Justice of Belarus, which he addresses to the competent court of Georgia or Turkmenistan. The petition contains the same information as when applying to the enforcement authorities for recovery from the debtor, a Russian citizen.
You will also need a court decision on the recovery of alimony, which has entered into force, and documents stating that the alimony debtor had information about his subpoena.
Since this case has several special features, we recommend that you consult our family lawyer before going to court to recover alimony from citizens of Georgia or Turkmenistan.
When the Alimony Debtor is in Azerbaijan, Armenia, Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan
When the debtor is a citizen of one of these states, the Belarusian judicial authorities do not participate in the procedure for executing the decision of the Belarusian court on the recovery of alimony. The claimant himself submits a petition for recognition and enforcement of the decision to a competent foreign court. Alimony payments in Azerbaijan, Georgia, Kazakhstan and Kyrgyzstan can also be recovered through the Ministry of Justice of Belarus. Because the alimony recovery has several features in this case, we recommend that you consult our experienced family lawyer. He will prepare the necessary documents for you and send them to the appropriate foreign court.
When the debtor resides in Austria, Azerbaijan, Albania, Belgium, Bulgaria, Bosnia and Herzegovina, Botswana, Brazil, Great Britain, Hungary, Guyana, Germany, Honduras, Greece, Georgia, Ireland, Spain, Italy, Cape Verde, Kazakhstan, Canada, Cyprus, Kyrgyzstan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Nicaragua, New Zealand, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, USA, Turkey, Ukraine, Philippines, Finland, France, Croatia, Montenegro, Czech Republic, Sweden, Ecuador, Estonia
A special procedure for collecting alimony is in effect when the debtor resides in one of these states. In this case, documents must be submitted to foreign bailiff services and courts through the Ministry of Justice of Belarus. To do this, you need to prepare a package of documents, including:
- A request for recognition and enforcement of a court decision on the recovery of alimony. It is a document filled out with the prescribed form in Russian. Then, they make a notarized translation of the request into the language of the state to which the request should be sent.
- Request a document from the court stating that the court’s decision is enforceable in the state where the court issued it. This document must also be in the established form.
- Documents confirm that the debtor was notified of the time and place of consideration of the alimony recovery case and had the opportunity to appeal this decision.
All documents must be translated into the state language they are submitted, and the translation must be notarized. Despite the difficulty of collecting such documents, there is a chance of alimony being collected. We recommend that you get the advice of our experienced lawyer, who can draw up the necessary documents and handle their registration, translation and referral for execution.
Sometimes, the claimant does not have a decision in the Belarusian court on the recovery of alimony from the citizens of these countries. In this case, the claimant may ask a foreign court to decide on the territory of a foreign state. The request for a decision is filled out in Russian, and its translation is made into the state’s official language where the debtor lives. The appendices to the request must be translated into the official language of the debtor’s state of residence; the translation must be certified by the translator.
The Belarusian Ministry of Justice can verify the correctness of Russian requests. You can also contact our experienced lawyers, who will check or draft the necessary documents for you, receive their official translations, and send them to foreign courts.
When the debtor is located in Australia, Algeria, Argentina, Barbados, Burkina Faso, Vatican City, Haiti, Guatemala, Denmark, Israel, Cape Verde, Colombia, Kyrgyzstan, Liberia, Macedonia, Morocco, Mexico, Moldova, Monaco, Niger, Pakistan, Seychelles, Suriname, Tunisia, Uruguay, Central African Republic, Chile, Switzerland, Sri Lanka
When an alimony debtor resides and is a citizen of one of the listed countries, it is possible not to receive a decision from the Belarusian court on the recovery of alimony from a foreigner since, in these countries, they do not comply with the decisions of foreign courts on the recovery of alimony. Alimony is recovered according to the law in force in the debtor’s state. The application for the recovery of alimony and supporting documents, translated into the language of the state of recovery, must be submitted to the court of that state through the Belarusian Ministry of Justice.
Our experienced lawyers in international family law can prepare the necessary documents and their translations, send a package of documents to a foreign court, and represent your interests in a foreign court in cases of recovery of alimony from foreign citizens.
Conclusion
The recovery of alimony from foreign citizens in favour of Belarusian citizens can be a complex and multi-step process that requires careful study of the legal norms of both Belarusian and international foreign legislation. The key factors in successfully resolving such cases are the proper preparation of documents, the choice of the appropriate jurisdiction, and the application of relevant international agreements.
To protect their rights and interests, citizens of Belarus are advised to seek legal assistance from qualified professionals who have experience working with cross-border family cases, experience representing the interests of alimony claimants in foreign courts and will be able to provide appropriate legal support. Only a competent approach and knowledge of all the nuances can ensure that the child’s interests are respected and the necessary alimony is received promptly.
Thus, although collecting alimony from foreign citizens can be difficult, thanks to professional support and the use of available legal mechanisms, a positive result is quite possible.
Contact us
If you have any questions and disputes regarding 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.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
