There are many reasons why families break up. However, the spouse whose custody of the child remains after the divorce has the right to receive alimony from the second parent until the child reaches the age of majority, including not only a fixed percentage of alimony, but also, in the event of a difficult situation with the child, for example, if necessary expensive treatment, then partially cover these costs. Let's consider the main issues related to the payment of alimony in the Republic of Belarus. Please note that from May 1, 2020, the cost of living budget has increased, more details here!
Voluntary agreement on the payment of alimony.
Parents can enter into an agreement to pay child support without a trial, with a notary. What is needed to conclude an agreement on child benefits?
- parents' passports;
- birth certificate for the child(ren);
- a document confirming ownership (if there is an agreement on the right to property);
- determine among themselves the form of payment - cash, non-cash, combined;
- payment terms.
Having previously agreed and resolved controversial issues, you go to the notary with the entire package of documents. The agreement can be terminated or changed at any time by agreement of the parties; it is made in the same form as the conclusion, i.e. at the notary. Changing or terminating the agreement unilaterally is unacceptable!
What are the types of alimony payments by agreement:
- a fixed amount of money paid periodically (monthly, quarterly) can be determined in basic terms;
- a fixed sum of money paid in one lump sum;
- percentage of earnings (can be based on a legally defined amount - 25%, 33%, 50%);
- transfer of ownership of property.
Please note that the amount of alimony established by the parents should not be lower than the amount of alimony established by law (Article 103-6 KoBS). The minimum amount of alimony payment is calculated based on the subsistence level budget; it is discussed in the section Amount of alimony.
Agreement on payment of alimony
Parents can enter into an agreement on the payment of child support, defining the amount, method and procedure for their payment. To conclude it, you can contact any notary by presenting passports or other identification documents and the child’s birth certificate, and if the agreement concerns property rights, then a document confirming the parent’s ownership of this property.[∗] – Article 1031 of the Code of the Republic of Belarus about marriage and family; – Chapter 11 of the Instructions on the procedure for performing notarial actions, approved by Resolution of the Ministry of Justice of the Republic of Belarus dated October 23, 2006 No. 63
Alimony in accordance with the agreement on the payment of alimony can be paid: [∗] Article 1036 of the Code of the Republic of Belarus on Marriage and Family
- as a percentage of the earnings and (or) other income of the child support parent;
(This method of paying alimony is similar to that provided by law. However, the agreement can provide for a larger amount of alimony. For example: - for one child 35% of earnings, not 25%; - for two children, 50% of earnings, not 33%; – for three or more children, 65% of earnings, not 50% (but not less) than is established by law). With this approach, the amount of alimony can change either up or down. It all depends on the income level of the parent who is obliged to pay them.
- in a fixed sum of money paid periodically;
(In this case, specific amounts specified in the agreement are paid as alimony. To protect against inflation, the specified amounts are indexed, that is, they increase in proportion to the increase in the size of the base amount. The agreement may provide for another method of indexation. [∗] Articles 1037 and 113 of the Code Republic of Belarus about marriage and family
Also, in order to avoid inflation, this amount of alimony can be tied to foreign currency. For example, you can stipulate that alimony must be paid in Belarusian rubles in an amount equivalent to 200 US dollars at the rate of the National Bank of the Republic of Belarus on the day of payment).
- in a fixed sum of money paid at a time;
(In this case, a specific amount specified in the agreement is paid as alimony at a time. After this, the parent obligated to pay alimony is exempt from paying it. Moreover, despite the fact that such an amount is paid only once, it is necessary to comply with the requirements of the law regarding , that the amount of alimony cannot be less than that established by law. To do this, you need to compare the specified lump sum with the total amount of alimony that could be received for all the months remaining until the child reaches adulthood. The monthly amount of alimony can be calculated based on the approximate the amount of salary (other income) of the parent paying alimony).
- by transferring property to the child.
(In this case, any property (most often real estate) is transferred to the child’s ownership as alimony. If the property is transferred at a time, then after that the alimony parent is released from paying them).
It should be noted that the amount of alimony established by the parents should not be lower than the amount of alimony established by law.[∗] Article 1036 of the Code of the Republic of Belarus on Marriage and Family This rule continues to apply even when alimony is paid periodically or at a time, and also if property is transferred. To comply with this rule, you need to compare the specified lump sum with the total amount of alimony that could be received for all the months remaining until the child reaches adulthood. The monthly amount of child support can be calculated based on the approximate amount of the salary (other income) of the parent receiving the child support.
The alimony agreement must specify the specific form of alimony payment. They can be transferred in cash directly from hand to hand or transferred by bank transfer to a bank account. Also, a parent obligated to pay alimony can submit at his place of work or another place of income An application for withholding alimony is also submitted to organizations that pay pensions, benefits, scholarships and other payments from which alimony can be withheld, an application with a request to withhold monthly from his salary and other income, alimony and transfer it to the parent with whom the child lives.
If periodic payment of alimony is expected, then the agreement must indicate the frequency of such payments (weekly, monthly, quarterly).
The agreement may provide for the possibility of paying alimony for the future.[∗] Article 104 of the Code of the Republic of Belarus on Marriage and Family
The agreement may provide for a combination of different methods of paying alimony.
The alimony agreement may be changed or terminated at any time by agreement of the parties. However, if such an agreement provides for the transfer of property into the ownership of a child, then it is changed or terminated only with the consent of the guardianship and trusteeship authorities, and if this child acquires full legal capacity - with his consent. The agreement is amended or terminated in the same form as its conclusion.[∗] Article 1033 of the Code of the Republic of Belarus on Marriage and Family
A unilateral refusal to execute an agreement on the payment of alimony or a unilateral change in its terms is not allowed. However, if there is a significant change in the financial or marital status of the parents and failure to reach an agreement to change or terminate the agreement, the interested party may file a lawsuit to change or terminate this agreement. In this case, the court may take into account any noteworthy interest of the parties.[∗] Article 1033 of the Code of the Republic of Belarus on Marriage and Family
Forced payment of alimony.
Alimony can be recovered by filing an application with the court in the form of a writ or lawsuit. You can sue for the payment of alimony even if there is an agreement on voluntary payment of alimony, especially if there is a fixed amount established, which over time has become irrelevant, and the child’s father refuses to change the amount of payment. In almost every court, an application form for the collection of alimony is posted on the stand, indicating a list of documents that need to be attached to it (a copy of the child’s birth certificate, a marriage certificate, if one was concluded, and other documents at the request of the court are attached to the application). An application for the collection of alimony must be submitted to the court at the place of residence of the former spouse or to the court at the place of residence of the alimony collector. Based on the court decision, the bailiff will send a writ of execution to the debtor’s place of work, through which funds for the child will be withheld from the income of the person obligated to pay alimony.
It is better to submit a request for child support immediately, when filing an application for divorce (or during the consideration of the case), so as not to collect alimony later separately. Child support for the past can be recovered for no more than 3 previous years and only if the court establishes that before going to court, measures were taken to obtain maintenance funds, which were unsuccessful due to the parent’s evasion from paying them, and also if a new this parent did not submit a new application for withholding of alimony to the place of work (Article 109 of the Code of Laws of Ukraine).
Minimum amount of alimony payments
According to the law, both parents are required to support children, and absence or loss of work cannot be the reason for the termination of child support payments. In Belarus, alimony is collected from an unemployed person in 2017 according to the following algorithms:
- If a person obliged to pay financial assistance quits his job, then three months of alimony will continue to be accrued to him according to the general rules, that is, by deducting a certain part from the average salary that the fired person received at his last place of work.
- After three months from the date of dismissal, if the unemployed has not found a new job, the amount of alimony will already be part of the average earnings in the region where the payer lives.
It must be taken into account that the amount of alimony for an unemployed person cannot be below the minimum subsistence level.
Alimony from an unemployed person in Belarus is paid according to the following scheme:
- From June 1, 2020 to July 31, 2020 - RUB 84.97. for one child, 127 rubles. for two children and 169.94 for three or more children.
- From June 8, 2020 to October 31, 2020 - RUB 87.75. for one child, 132 rubles. for two children and 175.5 rubles. for three or more children.
- From November 11, 2020 to January 31, 2020 - 87.75 rubles. for one child, 132 rubles. for two children, and a parent liable for child support who has three or more children must pay 175.5 rubles. from the average subsistence level established per person.
If the amount of alimony, calculated based on the average salary that the payer received at his last place of work, turns out to be less than the minimum amount established by law, then this amount can be increased to 70% of the salary. But how should an unemployed person pay if for some reason he did not find a job? A non-working parent is obliged to find a job as soon as possible after dismissal from his previous job. If you evade paying alimony benefits, the perpetrator faces administrative and sometimes criminal punishment. In this case, the applicant for alimony can count on repaying the debt at the expense of the property of the alimony obligee.
Thus, if a parent loses his job and is left without income, he is still not released from the obligation to support his child. In this case, the calculation of alimony for an unemployed person in the Republic of Belarus is carried out based on the amount of average earnings and the number of children. In this case, the amount of alimony paid by an unemployed father must be equal to or exceed the established minimum subsistence level for one person.
Many people are interested in the question: how much does a parent pay after he gets a job? For able-bodied persons, as a percentage for one child, payments are 50% of the minimum subsistence level, for two - 75%, for three or more children - 100%.
Amount of alimony in 2020 in Belarus
In Belarus, the amount of alimony is calculated as a percentage of earnings (Article 92 of the Code of Labor Code):
- At least 25% of income is allocated for the maintenance of one child;
- the amount of alimony for two children will be at least 33%;
- for three or more children – at least 50%.
At the same time, the legislation establishes an amount below which the amount of alimony cannot be. This amount is tied to the subsistence level budget. Minimum amounts for alimony:
- for 1 child - 50% of the subsistence level budget;
- for 2 children - 75% of the subsistence level budget;
- for 3 children - 100% of the subsistence level budget.
In case of non-payment of alimony, arrears are accrued. The court determines the amount of debt according to the following criteria:
- the debtor's income during the period of non-payment;
- if you haven’t worked, then based on your current earnings.
- if at the time of filing a claim for debt collection he is not working anywhere and the place of previous work is not known, then based on the average salary in Belarus.
But even if everything has been clarified and the amount of debt is clear, the court may take into account some factors. For example: the difficult financial situation of the defendant, illness or other reasons that the court considers significant. In this case, the court may partially or completely exempt the alimony from paying the debt.
If there is a delay in the payment of alimony, the payer is obliged to pay a penalty in the amount of 0.3% of the amount of unpaid alimony for each day of delay.
Alimony for the child (children) is calculated from the date of filing the application to the court, and not from the date of the decision to assign alimony, and the end of the payment of alimony occurs when the child turns 18 years old.
Fixed amount
Interest payments are not always approved. Often a fixed amount is set. You can also pay for the cost of living. The last option is chosen if there is no permanent income, if the salary is paid in kind, or if the amount of payments cannot be determined for some reason.
If a fixed amount is set, then indexation is required. It is performed by the enterprise or individual where the payer is employed. To ensure that the rights of the child are protected, indexation is based on the minimum wage.
If the children live with each parent, the court determines the payment of child support to the one who is considered less wealthy. A fixed size is necessary to confirm the financial situation of the parents, since the children must have the same living conditions.
When payment is not made for more than 3 months, a criminal case is opened. This only happens when there is no reason:
- illness of the second child;
- payer's illness;
- inability to pay child support on time.
All circumstances must be documented. In addition to criminal liability, a fine is provided.
What if the child's father is in hiding?
A parent interested in receiving alimony in such a situation must actively interact with the bailiff in charge of the case (enforcement proceedings): call, write, visit on visiting days, etc. According to the declarative principle, a number of restrictions can be applied to the defaulter: prohibiting travel abroad, depriving a driver’s license, seizing bank accounts, imposing a ban on the alienation of an apartment, describing property, etc. These and many other issues are regulated by the Law “On Enforcement Proceedings” dated 10/24/2016 No. 439-Z, as well as the Instructions for enforcement proceedings, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated 04/07/2017. No. 67
If there is no information about the location of the debtor, if it is impossible to establish where he is and identify his property, at the request of the debtor, the bailiff is obliged to put the defaulter on the wanted list through the internal affairs bodies (Article 64 of the Law “On Enforcement Proceedings”).
The claimant has the right to bring the debtor to criminal liability in accordance with Art. 174 of the Criminal Code of the Republic of Belarus in case of non-payment of alimony for more than 3 months (including non-consecutive) during the year. Documents can be sent to the internal affairs bodies either by the bailiff or by the applicant independently by submitting an appropriate application.
Child support from unemployed parents
All parents, including the unemployed or officially unemployed, must support their children. In such circumstances, the amount of alimony is calculated according to certain rules, namely:
- if a person was fired 3 months ago, then the amount is determined in accordance with the average earnings at the last place of employment;
- if a person was fired more than 3 months ago, then when calculating payments, the average salary level within the country is taken into account;
- if a person is registered with the Employment Center, then the maintenance is calculated from the benefits issued to the unemployed.
It is not allowed for the amount of alimony in Belarus to be less than the value obtained as a percentage of the subsistence minimum. If an unemployed debtor fails to pay alimony, the bailiff determines the total amount of the debt and uses enforcement measures. His property may be seized for non-payment. The debtor is punished by public or correctional labor, restriction or imprisonment.
Situations in which a parent will evade paying child support vary. The law is always on the side of children, so you should not refuse the opportunity to go to court. Timely payments can provide your child with a decent life.
Reducing the amount of alimony.
A reduction in the amount of alimony is possible if the parent who pays the alimony files a corresponding claim in court. The court reduces the amount of alimony in cases where:
- the alimony obligee has other minor children who, when alimony is collected, are less well off than children who receive alimony;
- the person obligated to pay alimony is a disabled person of groups I and II;
- for objective reasons, the person obligated to pay alimony cannot pay alimony (at the discretion of the court).
Voluntary payments
Child support can be paid voluntarily if the parents draw up a settlement agreement. All conditions must be stated in the document, after which it is certified by a notary. The agreement includes the amount of payments and terms of transfers. The transfer of assets, e.g. property, may be established.
Sometimes a combination of methods is used. In case of violation of the terms of the agreement, the issue can be resolved in court, since a notarized document has legal force. Timely payment of child support ensures a decent life for the child. If this is not the case, then this violates his rights, and the court will help protect him in this situation.
Child support for a child over 18 years of age.
In order to receive alimony for a child student, or simply for a child over 18 years of age, this condition must be stated in the marriage contract, or in the agreement, which is written about in the section on voluntary payment of alimony. But this, unfortunately, rarely happens, so let’s look at how the law defines such requirements when an agreement between the parents is not reached. To establish the obligation to pay alimony for the maintenance of a child who has reached 18 years of age, two conditions must simultaneously coincide:
- the child is disabled;
- The child needs help in the form of child support.
There is no clear definition of “disabled citizens” in the legislation. But based on regulations and judicial practice, we can say that a disabled citizen is recognized as:
- disabled group I and II;
- a person who has reached the generally established retirement age.
It should be noted that adult children with disabilities of groups I and II have the right to receive alimony from their parents, regardless of the time and cause of their disability. The criterion of an adult child’s “need” to receive alimony is subjective and is determined only by the court based on a study of a number of factors: the property and financial status of the child, as well as family members living with him, the presence or absence of other sources of income. To establish a parent's obligation to pay alimony for the maintenance of an adult disabled child, the court must come to the conclusion that the child does not have sufficient means of subsistence. Therefore, the very fact of a child studying at a university (regardless of the form of education) is not the basis for establishing the obligation of a parent to pay alimony for the maintenance of an adult child.
Punishment provided for evasion of payment of maintenance allowance in the Republic of Belarus
In case of complete or partial failure to fulfill alimony obligations, a debt is formed. The legislation provides for several types of liability for evasion of alimony payments for both unemployed and working citizens of Belarus in 2017:
- Civil liability - the debtor is assessed a penalty in court based on the plaintiff’s application. In this case, the claimant must present to the court a certificate confirmed by a bailiff, which indicates how much alimony must be paid by the person obligated to pay.
- Administrative liability is assigned based on a petition from bailiffs. The debtor is subject to punishment in the form of a fine and restrictions on the right to cross the state border. In addition, the court may oblige the defaulter to get a job.
Some irresponsible parents believe that by quitting their job, they are relieved of the responsibility to support their child. But until the child grows up and can independently earn money to feed himself, both mother and father are obliged to take care of his well-being, regardless of whether they have a job. At the same time, the answer to the question of how much alimony an unemployed person in the Republic of Belarus should pay is not always clear, since in some cases children have to be supported even after they reach 18 years of age. Therefore, having lost your job, it is better not to cry and complain about your fate, but as soon as possible to find another source of income that will allow you to support your child and provide for your life.
In what cases is alimony paid for an ex-wife?
The former spouse, who has the necessary means, is obliged to provide financial support (Articles 29 and 30 of the Code of Laws):
- ex-wife during pregnancy, when pregnancy occurs before divorce;
- the disabled spouse, if it occurred before the divorce, as well as within 1 year after it;
- a former spouse caring for a child under 3 years of age;
- a former spouse caring for a disabled child under 18 years of age;
- a former spouse caring for a common disabled adult child.
Thus, if a situation arises that the spouses divorce before the birth of the child, or before the child reaches 3 years of age, then the former spouse is obliged to provide for the mother (guardian) of the child until he goes to work. The application can be submitted simultaneously with the application for alimony. The amount of payments is determined by the court in basic amounts based on the financial and marital status of both former spouses. If this situation subsequently changes, each of them can apply to the court with a claim to change the amount of funds collected for maintenance (Article 31 of the Code of Laws). If the court decides to collect maintenance from the spouse (former spouse), then payments will be counted from the date of the court decision, and not from the date of filing the application, as when assigning child support.
The right to material support is lost if (Article 33 CoBS):
- the conditions that constitute the basis for receiving material support have disappeared;
- the former spouse receiving financial support entered into a new marriage.
Please note that if maintenance funds were collected by court decision, the obligation to pay them does not automatically terminate. To do this, the spouse who provides financial assistance must apply to the court to exempt him from further payment of maintenance funds.
Alimony is a payment of funds (one-time or periodically) to a person who is entitled to financial assistance from another person.
Alimony can be paid both voluntarily (transfer of funds or deduction from wages) and in court (collection of alimony in court).
Naturally, no one will simply pay alimony to a stranger, so there are a number of conditions under which these funds are paid to a person:
- fact of family or kinship connection (between the person who pays alimony and the person who claims to receive it)
- inability of the alimony recipient to provide for himself
- termination of common farming
Who is eligible to receive alimony?
The following have the right to receive alimony :
- minor children from parents
- disabled adult children from parents
- ex-wife from ex-husband during pregnancy, if pregnancy occurs before divorce
- ex-spouse caring for a common child under 3 years of age, or a disabled child under 18 years of age, or an adult disabled child
- disabled parents from able-bodied children in need of financial assistance
- by court decision - one of the former spouses who has become disabled and needs financial assistance from the other former spouse
Voluntary payment of alimony
Parents (parent) can meet each other and enter into an agreement on the payment of child support for children (child). This agreement determines the procedure and amount of payments, as well as the method of such payment. To conclude such an agreement you will need: passports of both parents, birth certificate of the child. Also, a document is provided confirming the parent’s ownership of the property, if the agreement concerns the rights to this property. Next, with this set of documents, you go to the notary and enter into an agreement.
However, the agreement cannot specify the amount of alimony payment, which is less than the amount established by law. Also, it is necessary to indicate the specific form and method of payment: cash payment or by bank transfer.
By the way!
The alimony payment agreement may provide for a combination of different payment methods (cash and non-cash payments). Read more about the agreement...
The agreement can be terminated or amended at any time by agreement of the parties, and it is made in the same form as the conclusion. Modification or termination of the agreement is not permitted unilaterally.
Types of alimony payments:
- a fixed sum of money paid periodically
- a fixed sum of money paid in one lump sum
- percentage of earnings
- transfer of ownership of property
Collection of alimony through court
Collection of alimony through the court is possible at any time, despite the fact that it is paid voluntarily.
To do this, you need to fill out a statement of claim, which looks like this:
Important!
When filing a claim for alimony recovery in court, you are exempt from paying the state fee for filing such a claim.
Alimony can be collected for no more than 3 previous years , provided that up to this point measures have been taken to obtain these funds.
In case of non-payment of alimony, arrears are accrued. The amount of debt is determined based on the income of the debtor parent received during the period of non-payment. If the parent who is obliged to pay child support did not work at this time, then the debt is calculated based on the income received at the moment. However, if the place of work is currently unknown, then the debt is determined from the income received from the last place of work. In a situation where this is also unknown, then the average salary in the country is taken into account.
Interesting!
The court, taking into account the financial and family situation, as well as due to illness or other valid reasons, has the right to partially or completely exempt from payment of arrears of alimony.
The payer of alimony, in case of delay in this obligation, pays a penalty in the amount of 0.3% of the amount of unpaid alimony for each day of delay. A parent who evades payment of child support for more than 3 months during the year may be subject to criminal prosecution.
It is worth noting that paying alimony does not relieve the parent from the responsibility to raise the child, as well as from the obligation to participate in unforeseen expenses for the child.
Amount of alimony
The amount of alimony is expressed as a percentage of wages, namely:
- 25% of income - for 1 child
- 33% of income - for 2 children
- 50% of income - for 3 children
At the same time, the legislation establishes an amount below which the amount of alimony cannot be. This amount is tied to the subsistence level budget, which is 231 rubles. Let's consider the minimum amounts for alimony:
- for 1 child - 50% of the subsistence level budget
- for 2 children - 75% of the subsistence level budget
- for 3 children - 100% of the subsistence level budget
A reduction in the amount of alimony is possible if the alimony-paying parent files a corresponding claim in court.
The court reduces the amount of alimony in the following cases:
- if the alimony parent has other minor children who, when collecting alimony, are less well off than children who receive alimony
- if the parent paying alimony is a disabled person of groups I and II
- if the child support parent cannot pay child support for objective reasons
Attention!
Alimony is calculated from the moment the application is submitted to the court, i.e. from the day when the statement of claim was accepted in court. The end of child support payments occurs when the child becomes an adult, i.e. until he reaches the age of 18 years.
Child support for adult children
There are exceptions to almost every rule - this also applies to alimony. Maintenance funds are paid for minor children, but there are cases when adult children also receive alimony.
Thus, a former spouse who has the necessary means is obliged to financially support:
- ex-wife during pregnancy, during pregnancy before divorce
- disabled spouse, if it occurred before the divorce, as well as within 1 year after it
- a minor able-bodied child
- ex-spouse caring for a child under 3 years of age
- ex-spouse caring for a disabled child under 18 years of age
- ex-spouse caring for a common disabled adult child
The right to financial support is lost when:
- the conditions that are the basis for receiving financial assistance have disappeared
- ex-husband remarried
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Alimony if there has not yet been a divorce
The fact that spouses are married is not a basis for refusing a claim for alimony, which is filed by order or court, since, even while formally married, spouses can maintain a separate household. Taking into account all the circumstances, the court can make a decision both in favor of one and in favor of the second spouse. However, parents have the right to establish the amount of child support through a prenuptial agreement, a child support agreement, or a child support agreement. Please note that these documents are valid only if they are notarized (Article 13-1 CoBS, Article 103-2 CoBS). In addition, the agreement on children can be reviewed and approved by the court as part of the divorce process, and completely free of charge. In this case, the agreement on children does not need to be certified by a notary, which will save you money.
