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Alimony collection lawyer

An experienced alimony collection lawyer specializes in ensuring that you receive the financial support you’re entitled to. Whether you’re dealing with a non-compliant ex-spouse or a complex international case, our team provides expert legal assistance tailored to your unique situation. We understand the emotional and financial challenges of alimony disputes and are committed to navigating the legal process with empathy and efficiency. Trust us to handle negotiations, enforcement, and any necessary legal actions to secure the alimony payments you deserve. Let our lawyers help bring you peace of mind.


What is alimony?


Alimony is a financial support that one spouse may be required to pay to the other after a divorce or separation. The purpose of alimony is to help the lower-earning spouse maintain a similar standard of living to what they were accustomed to during the marriage. Alimony payments can be temporary or permanent, depending on factors such as the length of the marriage, the financial needs of the recipient, and the ability of the paying spouse to make payments. The terms are typically determined by a court order.


Convention on the International Procedure for the Collection of Alimony

The Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is a treaty designed to simplify the collection of alimony and child support across borders. Adopted in 2007 and effective from 2013, it establishes clear procedures for recognizing and enforcing maintenance orders internationally. Countries that sign the treaty designate Central Authorities to facilitate claims. This ensures efficient handling of maintenance payments and their enforcement, even if the payer resides in a different country, making it easier for individuals to receive the financial support they are entitled to.


How to apply for alimony recovery

When there is no need to establish paternity, but it is enough to collect alimony, the court will consider the claim without calling the parents within three days. If the parent from whom they want to collect alimony objects, then the term of consideration of the case will increase and a lawyer and additional documents may be required.


You need to send an application to the court to initiate writ proceedings. A package of documents must be attached to such an application: a child’s birth certificate to confirm paternity (motherhood), if necessary, a marriage certificate or a court decision on divorce, a certificate from the applicant’s place of residence on the composition of the family.


The court issues a ruling on the court order. This is an executive document that is transferred for execution to the bailiff in the system of enforcement agencies.


When the alimony claim is combined with the divorce claim, the court considers the case with the summoning of the parties and the study of all the circumstances of the case.


When a parent who wants to collect alimony is a citizen of another state, and the payer is a citizen of Belarus, a request for a decision on the recovery of alimony, for the execution of such a decision is submitted through the Ministry of Justice of the Republic of Belarus and considered by the court at the place of residence of the alimony payer.


The amount of alimony in Belarus

In the executive document, the court writes the amount of alimony that the parent from whom alimony is collected must pay every month for the maintenance of the child.


The amount of alimony can be prescribed in a marriage contract or in an Agreement on children, an agreement on the payment of alimony. When there are no such agreements, alimony is collected as a percentage of the parent’s earnings and (or) other income per month: for 1 child — 25%, for two children — 33%, for three or more children — 50%.


The minimum amount of alimony for able-bodied parents has been determined as a percentage of the subsistence minimum on average per capita: at least 50% — for 1 child, at least 75% — for two children, 100% — for three or more children.


From August 1, 2023 to October 31, 2023, the budget of the subsistence minimum on average per capita is 364 rubles. 40 kopecks.


There may be a situation when children stay with each of the parents. In this case, alimony is collected from the better-off parent in favor of the less well-off in a fixed amount, taking into account the material and marital status of the parents.


When the court can reduce the amount of alimony


When the alimony payer has other children who will become less financially secure, the court may reduce the amount of alimony. When the alimony payer is a disabled person of group I or II, the court may reduce the amount of alimony or completely exempt from payment.


Our Services

Advise on the collection of alimony
Provide expert advice on the best strategies for successfully collecting alimony and ensuring compliance.
Prepare an application to the court for alimony collection
Prepare and submit a comprehensive court application to initiate the alimony collection process effectively.
Draw up a request for alimony collection and send it to the Ministry of Justice
Draft and submit a formal request to the Ministry of Justice for the collection of alimony.
Represent your interests in court in case of a dispute on alimony collection
Provide professional legal representation in court to resolve disputes related to alimony collection efficiently.

Conditions for alimony in Belarus

Presence of the fact of a family or kinship relationship

Presence of the fact of a family or kinship relationship

There must be a recognized family or kinship relationship (existing or former) between the recipient and the person obligated to provide alimony.

Inability of the recipient to provide for himself/herself financially

Inability of the recipient to provide for himself/herself financially

The recipient must be unable to financially support themselves due to specific circumstances such as health issues, unemployment, or caregiving responsibilities.

Termination of the common household

Termination of the common household

The obligation to pay alimony arises after the termination of a common household, typically following separation, divorce, or the end of cohabitation.

An agreement on the alimony payment shall determine

1
Alimony payment conditions
The agreement defines the procedure, method, form, and any additional conditions for child support.
2
Amount of child support
It specifies the exact amount of money to be provided for the child’s maintenance.
3
Child’s details
The agreement includes the child’s full name (surname, name, patronymic) and date of birth.

Other Services

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Determining the Child’s Residence

We offer legal assistance in determining the child’s primary residence after divorce or separation. Our experts help identify the best living arrangement based on the child’s interests, ensuring a fair decision in court if necessary. We support clients through the entire process, from assessing living conditions to presenting evidence in court. Our goal is to ensure that the child’s well-being is the top priority in decisions regarding residence, whether with one parent or shared custody, and to achieve a legally sound and just outcome.

Determining the Procedure for the Child’s Departure

If there is a dispute regarding the child’s travel abroad, our team provides legal guidance on securing permission from both parents. We assist in preparing all necessary documents, ensuring compliance with Belarusian law. Whether one parent objects or there are special conditions to consider, we will ensure the process is smooth. We work to ensure that the child’s best interests are protected and that any necessary legal permissions for travel are obtained, avoiding potential legal conflicts and safeguarding both parents’ rights.

Parental Rights Termination

We offer comprehensive legal support in cases of parental rights termination, a serious process aimed at protecting the child’s well-being. Our team ensures all necessary evidence is gathered to prove the need for termination and provides expert guidance through the legal process. We represent clients in court to secure decisions that prioritize the child’s safety and future. Whether due to abuse, neglect, or other valid reasons, our services focus on protecting the child’s rights while navigating the complexities of parental rights termination.

Children’s Agreement

We assist in drafting legally binding agreements between parents regarding child custody, child support, visitation, and other key aspects of raising children after separation or divorce. Our lawyers ensure that the agreement is in the child’s best interest while protecting both parents’ rights. We help clients reach fair, clear, and enforceable agreements without the need for prolonged court battles. With our support, parents can come to a mutual understanding and legally secure arrangement that outlines responsibilities and commitments concerning their child’s upbringing.

Restoration of Parental Rights

If a parent has been deprived of their parental rights, we offer legal support to restore those rights in cases where the circumstances have improved. We guide clients through the legal process, demonstrating that the parent’s situation has changed and that restoring rights would be in the child’s best interest. Our team prepares and submits necessary documents and represents clients in court to ensure that the restoration of parental rights is handled fairly and in accordance with the law, focusing on the child’s welfare.

Guardianship and Custody

Our legal services assist in establishing guardianship or custody of a child when necessary. Whether due to the parents’ inability to care for the child or other circumstances, we guide clients through the legal process, ensuring that the child’s interests are protected. We help with the legalities of transferring custody or appointing a guardian, working closely with the court to ensure that the child’s needs are met in the new arrangement. Our goal is to make the process as smooth and beneficial for the child as possible.

Adoption in Belarus

We provide full legal assistance in the adoption process, ensuring compliance with Belarusian laws. Our services cover every stage of the adoption process, from initial applications and document preparation to court hearings and finalizing the adoption. We help clients navigate the legal complexities involved in adopting a child, ensuring that all necessary procedures are followed correctly. Our team is committed to ensuring that adoption is carried out smoothly and that the child’s best interests are protected throughout the process.

Limiting Parental Rights

We offer legal services for cases where it is necessary to limit parental rights due to abuse, neglect, or other serious concerns. Our team works to present compelling evidence in court, ensuring that the decision to limit a parent’s rights is in the child’s best interest. We handle all aspects of the legal process, from preparing documentation to representing clients in court, ensuring that the child’s safety and well-being remain the top priority in any decision regarding parental rights limitations.

Disputing Parental Records

If there are discrepancies in a child’s records regarding parentage, we offer legal services to dispute these entries in court. Whether it concerns biological paternity or any other issue, our team helps clients gather evidence, file legal petitions, and ensure a fair resolution. We work to correct any wrongful entries that could affect the child’s future and legal status. Our goal is to ensure that the child’s records reflect accurate information and that all necessary legal steps are taken to address any disputes.

Alimony Collection

We provide legal services for collecting alimony payments, helping clients ensure they receive the financial support they are entitled to. Our team handles everything from preparing applications to representing clients in court, ensuring that the payer fulfills their obligations. Whether dealing with local or international cases, we have the experience and expertise to navigate the process. We focus on securing timely and consistent payments while protecting the financial interests of the recipient, offering a comprehensive legal approach to alimony collection.

Alimony Collection from Foreign Nationals

Our legal services extend to collecting alimony from foreign nationals, leveraging international agreements and laws for enforcement. We help clients navigate the complexities of cross-border alimony cases, including working with foreign courts and authorities. Our team prepares all necessary documents, ensures proper communication with international agencies, and represents clients in both local and foreign courts. We aim to make the collection process smoother and more efficient, ensuring that the recipient receives the alimony owed, no matter the payer’s country of residence.

Modification of Alimony Amount

If there has been a significant change in financial circumstances, we provide legal support for modifying the amount of alimony. Whether the payer’s income has changed or the recipient’s needs have shifted, our team will guide you through the legal process of requesting a modification. We assist in gathering evidence, preparing legal documents, and presenting the case in court to ensure the alimony amount is adjusted fairly. Our focus is to protect the best interests of the child or spouse receiving support while ensuring the process remains legally sound.

Why Us

Tailored Approach

Tailored Approach

We treat every case uniquely, ensuring personalized strategies that prioritize your family’s needs and work toward a solution that fits your situation.

Seasoned Family Law Experts

Seasoned Family Law Experts

Our team consists of seasoned family law attorneys, equipped with the knowledge and expertise to guide you through even the most challenging legal matters.

Diverse Industry Insights

Diverse Industry Insights

With experience across multiple industries, we offer a well-rounded perspective and innovative solutions that give you an edge in family law disputes.

Fluent Communication

Fluent Communication

We speak your language, ensuring clear, transparent communication throughout your legal journey, so you fully understand your options and the process.

Results-Driven Focus

Results-Driven Focus

Our results-driven approach ensures that we are always working towards securing the most favorable outcome for you, backed by strategic legal action and dedication.

Global Expertise

Global Expertise

Our international experience allows us to navigate cross-border family law cases with ease, ensuring that your legal rights are protected no matter where you are located.

FAQ

Determining Alimony Amount and Payment Method in a Prenuptial Agreement

A prenuptial agreement can specify the alimony amount and payment method, offering clarity and stability for both parties. The agreement should outline payment frequency, method (e.g., bank transfer), and any conditions for modification. It must comply with legal requirements to be enforceable.

Alimony Agreement: Amount and Payment Method

An alimony agreement legally sets the amount and method of alimony payments. It can specify periodic payments or lump-sum amounts. This agreement should detail how payments will be made (bank transfer, checks) and include any adjustments based on circumstances, ensuring clarity for both parties.

What if the Alimony Payer Changes Jobs?

If the alimony payer changes jobs, they must inform the recipient and adjust payment methods. If payments are deducted from wages, the new employer should be notified. In case of unemployment, the payer may be required to provide financial documentation for recalculating payments based on the minimum wage or other indicators.

Terms of Consideration for Alimony Cases

Alimony cases are generally resolved swiftly, with judicial rulings issued within a month for standard cases. For expedited cases, such as those using a court order, a decision can be made within a few days. Delays may occur if paternity or third-party involvement is required.

How to Co-Parent Without Information on the Other Parent’s Residence?

If the other parent’s whereabouts are unknown, the case can be filed based on their last known address or assets. Courts may issue a search order through local authorities. This ensures that the child’s needs are addressed even in the absence of the other parent’s location.

What if the Birth Certificate Does Not Include Father’s Details?

If the father is not listed on the birth certificate or refuses to acknowledge paternity, the mother should file a petition to establish paternity in court. Once paternity is legally recognized, an alimony claim can be initiated to secure financial support for the child.

Can Alimony for Minor Children Be Set in a Marriage Contract?

Yes, the amount of alimony for minor children can be determined in a marriage contract, alimony agreement, or child support agreement. However, the amount must not be lower than the minimum amount established by law to ensure the child’s well-being is adequately provided for.

Alimony From a Parent in the Military

If the alimony payer is in the military, alimony can still be deducted from their salary according to the established regulations. The payment amount will be consistent with the legal framework unless modified by an agreement between the parties or a court order.

Alimony From an Unemployed Father

For an unemployed father, alimony payments are calculated based on the minimum living wage. The law allows for a set percentage of the budget for one or more children. In cases where the parent is unemployed and cannot provide proof of income, the court uses this minimum threshold to determine payments.

Can a Citizen File an Alimony Claim Without Legal Help?

Yes, a citizen can file an alimony claim without legal help. The claim should meet the legal requirements outlined in the Civil Procedure Code and be submitted with the appropriate documentation. However, legal consultation is recommended for ensuring the claim is correctly filed and increases chances of success.

Contact us

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    • Lawyer
      Legal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
    • E-mail
    • Address
      Office: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
    • Working hours
      Monday-Friday 9:00-19:00