Voluntary procedure for the payment of alimony
The amount of alimony for minors and adult disabled children may be determined by the Children Agreement, the Alimony Payment Agreement or the Marriage Agreement. At the same time, they cannot contain provisions on reducing the amount of alimony that the parties could receive when collecting alimony in court.
The legislation of the Republic of Belarus provides for the following methods of paying alimony under the Agreement:
– as a percentage of the earnings and (or) other income of the parent who is obliged to pay alimony;
– in a fixed amount payable periodically;
– in a fixed amount paid in a lump sum;
– by transferring property to the ownership of the child.
An agreement on the payment of alimony is concluded between the parent who is obliged to pay the alimony and the person receiving the alimony in writing and is subject to notarization. An agreement cannot be concluded if the alimony is already paid on the basis of a court order, a Marriage Agreement or an Agreement for Children, in which the issues of paying alimony are resolved. If the Agreement provides for the transfer of immovable property to the ownership of a child, then state registration with an organization for state registration of immovable property, rights to it and transactions with it is required.
An agreement on the payment of alimony is an act subject to execution in the manner determined by the legislation on enforcement proceedings.
Alimony can be paid on a voluntary basis by an obligated person by deduction from wages at the place of work or at the place of receiving a pension, allowance, scholarship, or other payments. The amount of deductions for the voluntary payment of alimony is determined at the request of the payer, however, this amount cannot be less than that determined by law.
The amount of alimony for 2 and 3 children
If the parents have not concluded an Agreement on Children, an Agreement on the Payment of Alimony, and also if the amount of alimony is not determined by the Marriage Agreement, then, in accordance with the Code of the Republic of Belarus on Marriage and Family, alimony is collected in the following amounts:
for one child – 25 percent of earnings and (or) other income per month;
for two children – 33 percent of earnings and (or) other income per month;
for three or more children – 50 percent of earnings and (or) other income per month.
For able-bodied parents, the law establishes the minimum amount of alimony: for one child – 50% of the living wage budget; for two children – 75% of the living wage budget; for three or more children – 100% of the living wage budget.
Withholding of alimony on the basis of an application cannot be made if the total amount to be collected on the basis of an application and court orders exceeds 50 percent of the earnings due to the debtor and (or) other income from which the alimony is withheld, as well as if the debtor is recovered by a court order child support from another mother. Withholding of alimony on the basis of a person’s application, when paying alimony for minor children, can also be carried out if the total amount of deductions based on such an application and executive documents exceeds 50 percent of the earnings and (or) other income of the person obliged to pay alimony, but not more than 70 percent. In these cases, the issue of collecting alimony is resolved by the court, and the applicant and the person in whose favor the alimony is being collected are notified.
A person who has submitted an application for voluntary payment of alimony has the right to change their amount at any time or submit an application to terminate the withholding of alimony.
Enforced recovery of alimony
Enforced recovery of alimony can be carried out in the following order:
– order production,
– action proceedings.
The collection of alimony in the order of clerical proceedings is carried out without a court session and summoning the parties. By order, alimony can be recovered if it is not related to the establishment of paternity (motherhood) or the need to involve third parties to participate in the case. In this case, the court issues a ruling on the court order, which is at the same time an enforcement document.
The judicial procedure for the collection of alimony is applied in all other cases, if an agreement on the payment of alimony has not been concluded between the parents and the parents do not provide maintenance to their minors and disabled adult children in need of assistance.
If the children remain with each of the parents, alimony from one of the parents in favor of the other, less well-off, is established in a fixed amount, collected monthly and determined by the court, taking into account the material and marital status of the parents.
A parent who pays alimony for minor children by a court order has the right to file a claim for a reduction in the amount if he has other minor children who, when collecting alimony in the amount established by law, would be less well-off financially than children receiving alimony.
If one of the parents has been awarded alimony by several court decisions for children from different mothers, which in general exceeds the amount of alimony provided for by law, the alimony payer may file a claim against each person in favor of whom the court decision was made to recover alimony, to reduce alimony by given decision.
If child support was awarded in shares of the defendant’s earnings (income), the amount of payments in the satisfaction of the claim for the reduction of alimony should be determined in shares, and not in a fixed amount.
Our lawyers have extensive experience in representing the interests of our clients in the collection of alimony for two or more children. Our alimony lawyers are ready to provide you with the following legal assistance in collecting alimony for two or more children:
– advice on the collection of alimony for two or more children;
– representation of interests in court on the collection of alimony for two or more children.
If you have questions related to the recovery of alimony, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
