Alimony is a monetary payment to support the children who have not reached the age of majority. In Belarus, parents’ obligation to provide for their children is enshrined in law and does not depend on their marital status. In case of disagreement between the parents, alimony can be collected in court.
The amount of alimony is determined either as a percentage of the parent’s income or as a fixed amount. The legislation also provides for minimum payments, and administrative and criminal liability may result in tax evasion.
An experienced lawyer will help you understand all the nuances of alimony obligations, properly file documents and protect the rights of the child. We recommend contacting a qualified lawyer to ensure your case is handled competently and your interests are represented.
The Concept and Meaning of Alimony
Alimony is a mandatory payment one parent makes to maintain their minor child. These payments aim to provide the child with everything necessary for his full development, including food, clothing, medical care, education, and other needs.
The obligation of parents to support their children does not depend on their marital status. Even if the parents are divorced or unmarried, their financial responsibility to the child remains unchanged. Alimony can be paid:
- Voluntarily, based on an agreement between the parents.
- In court if one of the parents evades his duties.
Alimony is usually calculated as a percentage of the parent’s income, but in some cases, the court may set a fixed amount of payments, especially if the payer does not have a stable income.
The Legislative Framework that Regulates the Payment of Alimony in Belarus
The Marriage and Family Code contains the main rules governing alimony obligations in the Republic of Belarus. The Code stipulates that parents are required to support their minor children.
The Code also establishes the procedure for collecting alimony: if a parent evades paying it, the other parent or the child’s legal representative can go to court.
In addition, the Code defines the amount of alimony, which can be (as a percentage of a parent’s monthly income):
- 25% of income for one child.
- 33% – for two children.
- 50% – for three or more children.
The minimum amounts of alimony are linked to the subsistence minimum budget and cannot be lower than the established level.
In case of disputes over alimony, it is recommended to contact an experienced lawyer who will help you understand the legislative nuances, prepare documents and ensure the protection of the rights of the child.
Minimum Amount of Alimony in Belarus
The minimum amount of alimony depends on the number of children and is determined as a percentage of the parent’s earnings and/or other income:
- 25% for one child.
- For two children — 33%.
- For three or more children — 50%.
At the same time, for able-bodied parents who do not have a permanent income, the minimum amount of alimony is set, which is:
- For one child, at least 50% of the budget is allocated to the subsistence minimum budget.
- For two children — at least 75% of the subsistence minimum budget.
- For three or more children — at least 100% subsistence minimum budget.
Starting from February 1, 2025, the subsistence minimum budget is set at 447.64 rubles. Accordingly, the minimum payments for children for able-bodied parents are:
- For one child — 223.82 rubles.
- For two children — 335.73 rubles.
- For three or more children — 447.64 rubles.
If the parent does not have a permanent income or his earnings are irregular, alimony can be collected in a fixed amount or in an amount corresponding to a certain number of basic amounts payable monthly. The legislation provides for liability in case of evasion from payment of alimony.
To ensure the protection of the rights and interests of the child, it is recommended to consult an experienced lawyer who will help you understand the nuances of legislation and ensure that all necessary documents are properly processed.
Responsibility for Evading Childcare Responsibilities
Parents must provide for their minor children and disabled adults in need of support. The minimum amount of security is alimony, which is determined by legal norms.
If the parents do not fulfil their maintenance duties, then alimony can be collected in court.
Liability for Non-Payment of Alimony under Voluntary Agreements
When there is a debt on alimony payments paid under a Child Support Agreement, an Agreement on the payment of alimony, or a Marriage Contract, the parent who caused the debt is liable by the terms of the agreements or contract.
Liability for Non-Payment of Alimony by Court Order
If the alimony arrears are due to non-payment under a court order, the alimony debtor must pay the alimony recipient a penalty of 0.3 per cent of the amount owed for each day of delay. The penalty is collected in the same manner as alimony.
The recipient of alimony also has the right to demand compensation for damages caused by a delay in payment from the person who is obliged to pay them in court for an amount not covered by the penalty.
Criminal Liability for Non-Payment of Alimony
In the Republic of Belarus, criminal liability is provided for evading the care of children:
- Parents can be held accountable if they do not pay alimony for more than three months a year, as ordered by a court, for the maintenance of minors or adults who cannot work and need financial assistance.
- Penalties for this may include community service, correctional labour for up to two years, arrest, restriction of liberty for up to three years, and imprisonment for up to one year.
- For parents who have already been brought to criminal responsibility for evading the maintenance of children, stricter liability has been established: from correctional labour for a period of one to two years to imprisonment for up to two years.
The Procedure for Paying Alimony
Let’s consider the features of voluntary payment of alimony and recovery of alimony in court.
A Voluntary Agreement between Parents
The best way to resolve the issue of alimony is to conclude a voluntary agreement between the parents. Alimony payments can be settled in the following voluntary agreements:
- A Marriage Contract.
- The agreement on children.
- An agreement on maintaining their minors and (or) disabled adult children in need of assistance (the Agreement on the payment of alimony).
Such documents are drawn up in writing and notarized at any notary office in Belarus. In the Marriage contract and agreements, parents independently determine the order, amount and method of alimony payments, which avoids litigation.
The main advantage of the agreements is their flexibility: the parties can set not only monthly payments but also, for example, the transfer of property for alimony and payment of additional expenses for the child (medical treatment, education, clubs and sections).
In a marriage contract, the amount of alimony can be increased compared to the minimum established by legal norms.
It is important to remember that the agreement should not worsen the child’s situation compared with the minimum guarantees established by law. Otherwise, it may be declared invalid.
Judicial Procedure for Collecting Alimony
If one of the parents evades the duties of maintaining the child and it is impossible to reach an agreement, alimony can be collected through the court. In this case, the other parent (or the child’s legal representative) may file a claim for alimony.
A court decision on alimony is mandatory, and failure to comply with it can result in legal consequences, including administrative or criminal liability.
Necessary Documents and the Procedure for Applying to the Court
To file a claim for alimony in court, you must prepare:
- A passport or other document certifying the plaintiff’s identity (the plaintiff is the alimony collector).
- The child’s birth certificate.
- Documents confirming the child’s cohabitation with the plaintiff.
- Income statements (if any).
- Draft statement of claim.
The claim is filed in court at the defendant or plaintiff’s place of residence. After considering the case, the court makes a decision on the basis of which it issues a writ of execution. The plaintiff or the court sends this document to the bailiff service or directly to the accounting department of the debtor’s employer to deduct alimony from his salary.
The process of collecting alimony can be accompanied by legal difficulties, especially if the defendant evades payment or has no official income. To protect your rights and those of your child, it is recommended that you contact an experienced lawyer who will help you prepare documents, represent your interests in court, and monitor the execution of a court decision.
The Form and Methods of Payment of Alimony
Legal norms allow for several ways of fulfilling alimony obligations. The choice of form depends on the agreement between the parents, or the court determines the form of payment, depending on the circumstances of the case.
Deduction of Alimony from Wages
The most common method of paying alimony is a deduction from the payer’s salary or other regular income. If alimony is collected in court, the court makes a decision based on which a writ of execution is issued. This document is sent to the accounting department of the debtor’s employer, who deducts the set amount from his income on a monthly basis and transfers it to the recipient.
Deductions can be made not only from official salaries but also from other types of income, for example:
- Pensions and benefits (except certain social benefits).
- Income from entrepreneurial activity.
- Fees, bonuses, and other payments.
Payment of Alimony in a Fixed Amount of Money
In cases where the payer does not have a permanent income or his earnings are irregular (for example, work under civil law contracts, self-employment), the court may award alimony in a fixed amount of money. It is a fixed amount that must be paid monthly or once.
The court may also establish alimony equivalent to a certain number of basic amounts. This procedure ensures the stability of payments and protects the child’s interests. In case the base amount changes, alimony is indexed.
Transfer of Property on Account of Alimony
The possibility of paying alimony by transferring property is allowed. This option is implemented only on the basis of a notarized agreement on the payment of alimony between the parents. Alimony payments can be transferred:
- Real estate (for example, an apartment, a share in an apartment, a plot of land) or a share in the ownership of a residential building.
- Vehicles.
- Other valuable property (for example, securities, a share in a business).
Property can be transferred, including by paying alimony for the future.
The transfer of property must be in the child’s interest and equivalent to the amount of alimony obligations.
You can specify several ways to pay alimony in the Alimony Payment Agreement.
The choice of the form of alimony payment depends on the specific situation. To avoid disputes and protect the child’s rights, it is recommended to consult with a lawyer who will suggest the best option, draw up the necessary documents, and, if necessary, represent your interests in court.
Changing the Amount of Alimony
In Belarus, it is possible to change the amount of alimony in the presence of certain circumstances. The main reasons for this include:
1. The alimony payer has other minor children
If the parent obligated to pay alimony has other minor children. When collecting alimony in the prescribed amount, they are less financially secure than the children receiving alimony; the court may reduce the amount.
2. The payer’s disability
If the parent from whom alimony is being collected is a disabled person of group I or II, the court has the right to reduce the amount of alimony or exempt him from paying it.
3. Change of financial or marital status
A significant deterioration in the alimony payer’s financial condition, such as a job loss or a decrease in income, may serve as a basis for reviewing the amount of alimony.
4. Other valid reasons
Such reasons may include a parent’s insufficient financial security, poor health of him or his family members, the presence of dependents, lack of housing, and other objective circumstances.
The Procedure for Applying to the Court to Review the Amount of Alimony
To change the amount of alimony, the interested party must apply to the court with a statement of claim. It can be either an alimony payer who wants to reduce their amount or a recipient who wants to increase the amount of payments. The claim is filed in court at the defendant or plaintiff’s place of residence.
The step-by-step sequence of actions includes:
- Step 1. Preparation of the statement of claim.
The statement must specify the circumstances that influenced the review of the alimony amount and attach supporting documents (income certificates, medical reports, etc.).
- Step 2. Applying to the court
The statement of claim is filed in court at the defendant or plaintiff’s place of residence. In this case, it is necessary to pay a state fee, the amount of which is determined based on the amount by which alimony is reduced or increased, but not more than one year in advance.
- Step 3. Court review of the case
The court examines the evidence presented and decides whether to change the alimony amount or dismiss the claim.
It is important to note that a change in the amount of alimony is possible only in court if collected based on a court order. In the case of a voluntary agreement on the payment of alimony, the amount of alimony is also changed on a voluntary basis: the agreements are amended or a new agreement is concluded and notarized.
When preparing and filing a statement of claim and representing interests in court, it is recommended to contact an experienced lawyer. A qualified lawyer will help you arrange the documents correctly, consider all the nuances of the case, and protect your rights in the judicial process.
Conclusion
Alimony is an important legal mechanism that provides financial support for a child from the parents. In Belarus, legislation clearly regulates the issues of their collection, forms and methods of payment, as well as the possibility of changing the established amount of payments.
Alimony payments can be made voluntarily, based on an agreement between the parents, or in court if one of the parents evades his obligations. The court may review the amount of alimony in the case of a change in the parties’ financial situation or for other valid reasons.
To avoid legal mistakes and protect the child’s interests as much as possible, it is important to properly file documents and consider all the nuances of legislation. We recommend contacting an experienced lawyer who will help you understand all legal aspects, prepare the necessary documents and represent your interests in court. Qualified legal assistance is the key to the successful resolution of alimony disputes and ensuring a decent future for the child.
Contact us
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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