Questions about the recovery of alimony often arise from a parent who alone is raising a child (children) when the other parent is not involved in the maintenance of the child. Alimony is periodic payments by one parent in favor of the parent who supports the child. They collect them in court. For the recovery of alimony, it does not matter whether the child’s parents are married or divorced, whether they live together or separately.
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.
How we can be useful in collecting alimony from a citizen of Belarus
Our lawyers and attorneys are experienced specialists in family law and speak English. We can:
- Advise on the recovery of alimony;
- Prepare an application to the court for the recovery of alimony;
- Make a request of a foreign citizen for the recovery of alimony from a citizen of the Republic of Belarus and send it to the Ministry of Justice;
- Represent your interests in court in case of a dispute about the recovery of alimony.
Contact us
If you have any questions or disputes about the recovery of alimony from a citizen of Belarus — we will be happy to help you! Our many years of experience in the field of family law will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
