Resize if there is agreement between parents
The amount of alimony for minor and adult disabled children may be determined by the Agreement on Children, the Agreement on the Payment of Alimony or the Marriage Agreement. At the same time, they cannot contain provisions on the reduction of the amount of alimony that the parties could receive when collecting the alimony in court.
The agreement on the payment of alimony may be amended or terminated by agreement of the parties in the same form in which it was concluded. If such an agreement provides for the transfer of property into the ownership of the child, it is changed or terminated with the consent of the guardianship and trusteeship authorities, and in the case of acquisition by the minor of full legal capacity, with the consent of the child.
Unilateral refusal to fulfill the Agreement on the payment of alimony or unilateral change of its conditions are not allowed. However, if the material or marital status of the parties has changed significantly, but the parties have not reached new agreements, the Agreement on the payment of alimony may be amended or terminated in the courts at the suit of the interested party.
Alimony may be paid on a voluntary basis by a person obligated to pay alimony by deducting from wages at the place of work or at the place of receiving pensions, benefits, scholarships, and other payments.
With the voluntary payment of alimony, the amount of withholding as a percentage of the monthly income received is determined by the payer himself by submitting an application at the place of withholding. He also has the right at any time to change the size or file an application to terminate the withholding of support. However, the amount of alimony cannot be less than defined by law.
Judicial procedure for changing the amount of alimony
In the absence of 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, alimony is collected in accordance with the Code of the Republic of Belarus on marriage and family in the following amounts with respect to earnings and (or) other income of parents per month:
– per child – 25 percent,
– for two children – 33 percent,
– for three or more children – 50 percent.
For able-bodied parents, the minimum amount of alimony per month relative to the budget of the subsistence minimum on average per capita should be:
– at least 50 percent per child,
– 75 percent for two children,
– 100 percent for three or more children.
If 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 of money exacted monthly and determined by the court in relation to the indicated amounts, 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 lawsuit to reduce the amount when the following circumstances occur:
– if the parent obliged to pay the alimony has other minor children who, if the alimony was collected in the amount established by law, would be less financially secure than the children receiving alimony;
– if the parent from whom the alimony is collected is a disabled person of group I or II.
In exceptional cases, the court can exempt a parent who is a disabled person of group I or II from payment of alimony, as well as reduce the minimum amount of alimony exacted from an able-bodied parent who, for objective reasons, cannot pay them in established amounts.
Other reasons why the court has the right to reduce the amount of alimony may be due to insufficient material security of the parent obliged to pay alimony, poor health of his or her family members, presence of dependents, lack of housing and other good reasons.
In the event of the disappearance of such circumstances, the person receiving alimony for minor children is entitled to file a claim for their recovery in full, established by law.
In cases where parents obliged to pay alimony have irregular earnings and (or) income or receive part of it in kind, as well as if it is impossible or difficult to recover alimony, the alimony can be exacted in hard cash or in the amount corresponding to a certain number of base amounts payable monthly. In such cases, if the material or family status of the parents changes, the court has the right to change the amount of alimony in the suit of the person concerned.
If an alimony is awarded from one of the parents for several court decisions for children from different mothers, which exceeds the overall amount of alimony stipulated by law, the alimony payer may sue each person in whose favor the court issued a decision to recover alimony, to reduce alimony for this decision.
Claims to reduce the amount of alimony are brought to court at the place of residence of the claimants. A reduced amount of alimony is collected from the day the court decision on this comes into force. If the change in the amount of the collected alimony is associated with a specific event, for example, then from the day this event occurs.
The state duty on claims for exemption from payment of alimony debts, their reduction or increase is calculated based on the amount by which payments are reduced, increased or stopped, but not more than one year, and amounts to 5% of the price of the claim.
Our Law Office has extensive experience in representing our clients on the collection of alimony and changing the size of alimony. Our child support lawyers are ready to provide you with the following legal assistance in collecting child support:
– verbal and written advice on changing the size of child support;
– representation and protection of interests in the courts regarding the collection of alimony;
– representation of Clients’ interests on the issue of changing the amount of alimony;
– representation of interests in enforcement proceedings regarding the collection of alimony;
– consultation and representation of interests on the collection and alteration of alimony from a foreign citizen.
