The amount of child maintenance is not necessarily fixed for life. Belarusian law allows both the paying and receiving parent to apply for a change — whether an increase, a reduction or, in exceptional cases, a full exemption — if their circumstances change materially. This page explains when and how the amount may be changed, and what the courts take into account.
Changing maintenance set by agreement
Where the amount of maintenance has been established by a Children’s Agreement, a Maintenance Payment Agreement or a prenuptial agreement, it may be changed by mutual agreement of the parties in the same form as the original document — that is, in writing, certified by a notary. Unilateral refusal to fulfil an agreement or unilateral variation of its terms is not permitted.
If the agreement provides for the transfer of property into the child’s ownership, any change or termination requires the consent of the guardianship and trusteeship authority — or, where the child has acquired full legal capacity before turning 18, the child’s own consent.
If the parties cannot reach a new agreement but the material or marital circumstances of either party have changed significantly, either party may apply to court for variation of the agreement. The court will assess the changed circumstances and may amend or terminate the agreement accordingly.
Voluntary deductions: changing the amount
Where maintenance is paid voluntarily by deduction from salary or other income, the paying parent may at any time change the amount by submitting a new application at the place where deductions are made, or withdraw the application entirely. However, the amount may not be reduced below the statutory minimum. The receiving parent retains the right to seek court enforcement if voluntary payments fall below the legally required level.
Court-ordered maintenance: standard amounts
Where no agreement governs maintenance, the courts apply the standard rates under Art. 92 of the KoBS:
| Number of children | Percentage of income per month |
|---|---|
| 1 child | 25% |
| 2 children | 33% |
| 3 or more children | 50% |
Minimum monthly amounts for working parents, calculated as a percentage of the per capita subsistence budget (БПМ — 496.96 BYN from 1 February 2026):
| Number of children | Minimum per month |
|---|---|
| 1 child | 50% БПМ = ~248.48 BYN |
| 2 children | 75% БПМ = ~372.72 BYN |
| 3 or more children | 100% БПМ = ~496.96 BYN |
Grounds for reducing maintenance
A paying parent may apply to court for a reduction in the maintenance amount in the following circumstances:
Other minor children. If the paying parent has other minor children who, after paying the existing maintenance at the statutory rate, would be financially worse off than the children receiving it — the court may reduce the existing order to achieve a fair balance.
Disability. If the paying parent is a Group I or Group II disabled person, the court may reduce the maintenance amount. In exceptional cases, the court may fully exempt a Group I or Group II disabled parent from payment.
Other objective reasons. The court also has discretion to reduce maintenance — or in exceptional cases exempt an able-bodied parent — where objective circumstances make payment of the full amount impossible. These include: insufficient financial means of the paying parent; poor health of family members they are supporting; the presence of dependants; lack of housing; and other compelling reasons.
Once the circumstances that justified the reduction or exemption have ceased to exist, the receiving parent has the right to apply to court for restoration of maintenance at the full statutory level.
Grounds for increasing maintenance
The receiving parent may apply to court for an increase in maintenance where the paying parent’s income has grown substantially or where the child’s needs have increased — for example, due to a new medical condition or educational requirements. The court assesses the material and marital circumstances of both parents.
Fixed-sum maintenance
Where the paying parent has irregular or variable income, receives income partly in kind, or where percentage-based calculation would produce unreasonable results, the court may set or vary maintenance as a fixed monthly sum expressed in BYN or in base units. If the material or family circumstances of the parents subsequently change, either party may apply to court for a variation of the fixed sum.
Multiple maintenance orders exceeding the statutory maximum
Where a parent has been ordered by multiple court decisions to pay maintenance for children from different relationships, and the combined total exceeds the statutory maximum percentage, the paying parent may file reduction claims against each recipient. Any reduction must be expressed as a revised percentage of income — not as a fixed sum — if the original orders were percentage-based.
Where the claim is filed and when the new amount takes effect
Reduction claims are filed at the court at the place of residence of the claimant (the person seeking the reduction). Increase claims follow the general rules and are filed at the place of residence of the respondent.
A reduced maintenance amount takes effect from the date the court decision enters into force. If the change is linked to a specific event — for example, the birth of a new child — it takes effect from the date that event occurred.
State fee
The state fee for claims for exemption from payment of maintenance arrears, or for reduction or increase of maintenance, is calculated on the basis of the amount by which payments are reduced, increased or ceased — but for a period not exceeding one year — and amounts to 5% of the value of the claim.
Frequently asked questions
Can I reduce maintenance if I lose my job?
Loss of employment is not an automatic ground for reduction, but it is a relevant factor if it results in significantly reduced income. The court assesses the actual financial position, including any unemployment benefits or other income. A temporary reduction may be granted, with restoration to the full amount when employment resumes.
Can I increase maintenance if my child’s costs have grown?
Yes. A material increase in the child’s needs — medical expenses, educational costs, disability-related needs — is a recognised ground for an increase application. Evidence of the specific increased costs should be gathered and presented to the court.
My former spouse now earns significantly more than when the order was made. Can I claim more? Yes. A substantial increase in the paying parent’s income is grounds for an increase application. The court will assess current income and the child’s needs in light of the new circumstances.
What if the paying parent refuses to disclose their income?
The court has powers to request income information from employers, tax authorities and other sources. Non-disclosure does not prevent enforcement — the court may apply the minimum maintenance rules based on the БПМ if income cannot be verified.
Can maintenance be reduced to zero in cases of serious disability?
Yes — in exceptional cases involving Group I or Group II disabled paying parents, the court may fully exempt them from payment. This requires strong medical evidence and a full assessment of the paying parent’s financial position.
From our practice
Reduction — second family, three children from two relationships. A father was paying 33% of income for two children from his first marriage and subsequently had a third child from a new relationship. We filed coordinated reduction claims in both sets of proceedings, arguing that after paying 33% the new child was significantly worse off than the older children. The court reduced the existing orders to 25% in total and directed that the balance be allocated to the new child’s maintenance. The revised payments came into effect from the date of the judgment.
Increase — former husband’s income had tripled since original order. A mother approached us several years after her divorce, having discovered that her former husband’s business had expanded substantially and his income had increased significantly since the original maintenance order was made. We gathered evidence of his current income through business registration records and tax filings and filed an increase claim. The court awarded a substantially higher fixed monthly sum reflecting the father’s actual financial capacity. The increased payments were ordered from the date the claim was filed.
How we can help
Our advocates have over 10 years of experience in maintenance variation cases in Belarus, including cross-border cases involving foreign nationals. We advise in English and Russian and can assist remotely.
📧 [email protected] 📞 +375 29 142 27 19
