According to Belarusian legislation, underage children must have decent maintenance. Part 3 of Article 32 of the Constitution of the Republic of Belarus says that parents or persons replacing them have the right and are obliged to bring up children, take care of their health, development and education.
Unfortunately, each parent considers it his duty to conscientiously support minors, and therefore disabled children. Alimony is collected from a parent who fails to fulfill his duties. An alimony lawyer will help with this issue.
In Belarus, in order to collect alimony, the following conditions must be met:
• Family or kinship relationship between a person in need of material support and those who are obliged to provide it;
• Helplessness of the recipient in independent support of his life for various reasons;
• End of cohabitation.
Recovery of alimony in court
In the Republic of Belarus, the collection of alimony takes place in court. One party can go to court with a statement of claim or with a statement to initiate an order. In the order of clerical proceedings, alimony is collected without a court hearing with the participation of two parties. This option is possible when the data of the parent from whom the alimony is being collected is indicated in the record of the child’s birth certificate, or it is not necessary to involve third parties to resolve this issue.
Voluntary payment of alimony. Alimony amount
Alimony can be paid voluntarily. In this case, the parent who is responsible for this transfers the required amount to a specific checking account. A person who voluntarily pays alimony has the right to apply to the administration of his place of work with an application for withholding alimony and its payment to the person indicated in the application. In this case, the amount of alimony for one child is 25%, for two children – 33%, for three or more – 50% of the monthly income. The minimum amount of alimony depends on the per capita subsistence budget. Then it should be at least 50% for one child, 75% for two, 100% for three or more children. The amount of payments in a specific case will be explained by the alimony lawyer.
Evasion of the payment of alimony is punishable by criminal liability, up to and including imprisonment for a year. The reason for this may be the failure to pay alimony within three months.
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.
