One of the most common questions we receive: the ex-husband is officially unemployed or earns a declared minimum wage, yet clearly lives well. Can you still claim meaningful child maintenance — and how?
The short answer is yes. But the mechanism differs from standard percentage-of-salary enforcement.
How Alimony Is Calculated When There Is Official Income
By default, maintenance is awarded as a percentage of the paying parent’s earnings: 25% for one child, 33% for two children, 50% for three or more. When the father has a declared salary, the employer withholds the relevant amount and transfers it directly to the recipient.
The problem arises when there is no official income — or when it is artificially minimised. This is where the minimum maintenance threshold and fixed-sum awards become essential.
Alimony When the Father Is Unemployed
Unemployment does not cancel the obligation to support a child. For able-bodied parents, Belarusian law sets a minimum maintenance floor regardless of whether any income exists:
— one child: 50% of the subsistence minimum budget = 248.48 BYN per month; — two children: 75% of SMB = 372.72 BYN per month; — three or more children: 100% of SMB = 496.96 BYN per month.
These are the amounts a court will award even if the father has no declared employment. Unpaid arrears accumulate and are subject to enforcement — including against the debtor’s property.
The Father Works Informally or Conceals Real Income
This is the most frequent situation we encounter. The father is registered as unemployed or draws a minimum wage, yet runs a business, receives cash payments, holds assets in a third party’s name, or rents an expensive apartment.
In these cases, maintenance can be claimed as a fixed monthly sum — not tied to declared earnings, but determined by the court based on the payer’s actual standard of living and the child’s needs.
When setting a fixed sum, the court takes into account: the financial and family circumstances of both parents; the child’s previous standard of living; indirect indicators of the father’s income — car ownership, real estate, foreign travel, social media activity; witness testimony; bank account statements.
What Counts as Income for Maintenance Purposes
Maintenance is not limited to salary. The full list of income sources subject to deduction includes: wages from all places of employment; income from entrepreneurial activity; rental income; bank deposit interest; dividends; pensions, social benefits and scholarships; payments under civil contracts.
If the father is a sole trader (IP), the court assesses his actual business income — not merely the profit he has chosen to declare.
Criminal Liability for Non-Payment
Wilful failure to pay court-ordered maintenance for three or more months is a criminal offence under Article 174 of the Criminal Code of the Republic of Belarus. The maximum sentence is one year’s imprisonment.
In practice, the threat of criminal prosecution is often more effective than any civil enforcement measure. Debtors who have ignored maintenance obligations for years frequently settle their arrears in full within days of learning that criminal proceedings have been initiated — or even upon receiving a formal warning.
Persistent non-payment can also serve as grounds for deprivation of parental rights.
Enforcing Arrears
Once maintenance has been awarded by a court, a court enforcement officer can: seize the debtor’s assets and property; freeze bank accounts; impose a travel ban preventing the debtor from leaving Belarus; suspend the debtor’s driving licence. All of these measures are applied within enforcement proceedings and do not require a separate court application.
Cases From Our Practice
Case one. Minsk — business registered in the mother’s name.
A client came to us with two children. Her ex-husband had been officially unemployed for two years since the divorce. He drove a premium car, travelled abroad regularly, and maintained an active social media presence. His actual business was registered in his mother’s name.
We filed a claim for maintenance in a fixed sum. As evidence of the father’s real standard of living, we submitted screenshots from social media, travel records and vehicle registration data. The court awarded maintenance significantly above the statutory minimum, based on the family’s previous standard of living and the children’s needs.
Case two. Vitebsk — three months of non-payment, criminal complaint filed.
A client approached us after three months of complete non-payment. Maintenance had been awarded by court order over a year earlier, but the father had been systematically evading it. We prepared a criminal complaint under Article 174 of the Criminal Code. After the investigator summoned the debtor for an interview, the full arrears were paid within two weeks and regular payments resumed.
Frequently Asked Questions
The father has registered as unemployed and receives an unemployment benefit. Will maintenance be deducted from the benefit? Yes. Unemployment benefit is included in the list of income sources subject to maintenance deductions. However, the benefit amount is usually modest — so it is worth simultaneously seeking a fixed-sum award based on the statutory minimum.
The father has left Belarus and is working abroad. Can I still claim maintenance? Yes. Belarus has bilateral agreements on maintenance enforcement with Russia, Poland, Lithuania, Ukraine, Kazakhstan and several other countries, and is also a party to the 2007 Hague Convention on the International Recovery of Child Support. See our page on recovering maintenance from a foreign national for details.
Can I initiate criminal proceedings myself, or does it have to go through the prosecutor? You can file a criminal complaint directly with the police or the prosecutor’s office. We assist clients in preparing such complaints and support the process through to conclusion.
Maintenance has been awarded but the father pays token amounts — 50 roubles a month. What can I do? If maintenance was awarded as a percentage of income and the declared income is minimal, you can apply to the court to change the method of calculation — from a percentage to a fixed monthly sum. This locks in a guaranteed minimum payment regardless of what the father chooses to declare.
Need Help?
Enforcing maintenance against a parent who is unemployed or concealing income is achievable — but requires the right strategy. Our advocates have handled cases like this for over ten years, including cross-border enforcement where the paying parent lives abroad.
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This article is for informational purposes only and does not constitute legal advice. For professional assistance with your specific situation, please contact our advocates directly.
