Maintenance obligations of parents
The Code of the Republic of Belarus on Marriage and the Family (hereinafter referred to as the CBS of the Republic of Belarus) establishes that the main duties of parents are, firstly, the upbringing of children, and secondly, their maintenance, i.e. material support.
Alimony can be collected:
– on a voluntary basis;
– by force.
Thus, if a parent does not want to financially provide for his minor child, coercive measures are applied to him, i.e. actions of a bailiff to compel a parent to perform their duties.
What regulates enforcement proceedings on alimony
As the Constitution of the Republic of Belarus establishes, the execution of court decisions is mandatory for all citizens, including parents.
The normative legal act regulating the activities of enforcement bodies in Belarus is the Code of the Republic of Belarus on Enforcement Proceedings.
According to the Code, the task of enforcement bodies is to ensure the strict execution of court decisions.
Actions of the bailiff in cases of alimony
If the parent, in respect of whom the court has issued a decision on the recovery of alimony, evades this obligation, the bailiff shall issue a decision to initiate enforcement proceedings.
The search for a debtor (a parent who is not executing a court decision) is carried out in accordance with the decision of the enforcement authority (a enforcement agent acts on behalf of the enforcement authority).
Thus, the bailiff has the right to issue two legal documents:
– decision to initiate enforcement proceedings;
– a decision to search for a debtor (this document is issued by the executor within three days from the date of the decision to initiate enforcement proceedings).
Responsibility of parents for non-fulfillment of obligations under alimony
Responsibility for failure to fulfill maintenance obligations is provided for both by the Code of the Republic of Belarus on Administrative Offenses and by the Criminal Code of the Republic of Belarus.
Administrative responsibility may come in the form of:
– a fine of up to 960 Belarusian rubles (today the base amount in Belarus is 32 Belarusian rubles);
– public works;
– administrative arrest.
For malicious evasion from paying alimony, the Criminal Code of the Republic of Belarus provides for liability up to imprisonment for a period of two years (Article 174 of the Criminal Code of the Republic of Belarus).
Where to apply if the debtor is a foreigner
If the father or mother, who avoids the maintenance of their minor children, lives abroad, it is necessary to apply to the court at the place of residence of the plaintiff or the child. The Belarusian court initiates proceedings for the recovery of alimony and, in accordance with international treaties, redirects its decision to the state where the defendant is located.
If the father (mother) is, for example, in the Russian Federation, then the documents are sent to the Russian enforcement authorities. If the father (mother) is in the United States, then it is necessary to submit documents to the Ministry of Justice of the Republic of Belarus in order to redirect them to the appropriate municipality.
Thus, as a general rule, a statement of claim for the recovery of alimony must be filed with the court at the place of residence of the defendant, however, if he does not live in Belarus, the plaintiff has the right to file an application with the court at the place of residence of the child or to the court where the plaintiff himself is registered, according to to your own discretion.
