Under Art. 32(3) of the Constitution of the Republic of Belarus, parents are obliged to raise their children and take care of their health, development and education. This constitutional obligation extends to financial maintenance — both parents are required to support their children regardless of whether they live together, are separated or divorced. Where one parent fails to fulfil this obligation, maintenance may be recovered through the courts.
Who is entitled to maintenance?
Child maintenance in Belarus is payable to children until they reach the age of 18. The obligation applies to both biological parents and, in certain cases, to other persons who have assumed a parental role.
Maintenance may also be claimed in other family law situations — for a disabled adult child, for a spouse who is pregnant or caring for a child under three years old, or for a disabled former spouse. This page focuses primarily on maintenance for minor children, which is by far the most common situation.
The basic conditions for recovery of maintenance are: a family or legal relationship between the person in need of support and the person obliged to provide it; the inability of the recipient to support themselves independently; and the end of cohabitation between the parents.
Two routes to recovering maintenance
Route 1 — Order proceedings (приказное производство). This is a simplified procedure in which the court issues an order to recover maintenance without a full hearing involving both parties. It is available where the liable parent is named in the child’s birth certificate and there is no need to involve third parties. This is the faster route and is used in the majority of straightforward cases.
Route 2 — Full claim proceedings (исковое производство). A full statement of claim is filed where the order procedure is not available — for example, where paternity is disputed, where a fixed sum rather than a percentage is sought, or where other matters need to be determined simultaneously.
Voluntary payment of maintenance
Maintenance may also be paid voluntarily, without court proceedings. The liable parent may transfer the agreed amount directly to the recipient’s account, or may submit a written application to their employer requesting that the maintenance amount be withheld from their salary and transferred to the recipient each month.
Parents may also formalise a voluntary maintenance arrangement in a Maintenance Agreement (Соглашение об уплате алиментов) or a Children’s Agreement — both must be certified by a notary and, once certified, are enforceable in the same way as a court order.
Amount of maintenance
Standard percentage of income
Where maintenance is not determined by a prenuptial agreement, Children’s Agreement or Maintenance Agreement, the court orders maintenance as a percentage of the liable parent’s earnings and other income (Art. 92 KoBS):
| Number of children | Percentage of income |
|---|---|
| 1 child | 25% |
| 2 children | 33% |
| 3 or more children | 50% |
The maximum amount that may be withheld from a liable parent’s income for child maintenance is 70% of their net earnings after tax and social security contributions.
Minimum maintenance amounts
Regardless of actual income, the law sets a minimum monthly maintenance amount for working parents, calculated as a percentage of the per capita subsistence budget (БПМ). From 1 February 2026 the БПМ is set at 496.96 BYN (Ministry of Labour and Social Protection Resolution No. 2 of 22 January 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 |
This minimum applies even if the liable parent works part-time. The БПМ is reviewed quarterly — the minimum amounts change accordingly.
Fixed sum maintenance
Where a parent has irregular or variable income — for example, an individual entrepreneur, a farmer or a person receiving income partly in kind — the court may award maintenance as a fixed monthly sum expressed in base units or BYN, rather than as a percentage of income.
Maintenance for a non-working parent
If the liable parent is unemployed or fails to provide documentation of their income, the court calculates arrears based on the БПМ: 50% for one child, 75% for two children, 100% for three or more children.
From which income is maintenance deducted?
Maintenance is deducted from all forms of income including salary, bonuses, contract fees, business income, rental income, pension and other regular receipts. The employer (or other income source) is obliged to transfer the maintenance amount to the recipient no later than the last day of the month following the month to which the payment relates. The liable parent must notify the enforcement officer within three days of any change of employment, place of residence or additional sources of income.
Changing the amount of maintenance
Either party may apply to court to increase or reduce the maintenance amount if their circumstances change materially — for example, the liable parent’s income increases or decreases significantly, or the child’s needs change.
Enforcement and consequences of non-payment
Administrative and practical measures
Where maintenance is not paid, the enforcement officer (судебный исполнитель) initiates enforcement proceedings. The officer has the authority to access information on all the debtor’s bank accounts and income sources. Practical enforcement measures for persistent non-payers include a temporary ban on leaving Belarus and a restriction on driving until arrears are cleared.
Criminal liability
Evasion of court-ordered maintenance payments for more than three months in any twelve-month period constitutes a criminal offence under Art. 174 of the Criminal Code of the Republic of Belarus. The penalties are: community service or corrective labour for up to two years; arrest; restriction of liberty for up to three years; or imprisonment for up to one year.
Criminal prosecution does not extinguish the debt — the parent remains liable for all arrears regardless of any sentence imposed.
Cross-border maintenance
If the liable parent lives abroad, maintenance may still be recovered through international mechanisms. Belarus is a party to both the UN Convention on the Recovery Abroad of Maintenance (1956) and the Hague Convention on the International Recovery of Child Support (2007). Applications are submitted through the Ministry of Justice of the Republic of Belarus, which acts as the Central Authority under both instruments. For more detail see our page on divorce with a foreign national.
Frequently asked questions
Can I claim maintenance if we were never married?
Yes. The obligation to maintain a child is based on legal parentage, not on whether the parents were married. If paternity is established — whether voluntarily or by court order — the liable parent must pay maintenance.
Can maintenance be backdated?
Maintenance is generally awarded from the date the claim is filed. It cannot be recovered for periods before the claim was submitted, except in limited circumstances where the claimant can show that attempts were made to obtain voluntary payment.
What if the liable parent hides their income?
Enforcement officers have broad powers to investigate income and assets. Where income is concealed, the court may apply the minimum maintenance rules based on the БПМ, which operates as a floor regardless of declared income. Additional evidence of actual income — bank statements, lifestyle indicators, business records — may also be presented to the court.
Can I agree on maintenance in a notarised agreement instead of going to court?
Yes — and this is often the better option where both parents are willing. A notarised Children’s Agreement or Maintenance Agreement has the same legal force as a court order and can be enforced directly if payment stops.
What happens to maintenance when the child reaches 18?
The obligation to pay maintenance for a minor child ends automatically at 18. However, maintenance for a disabled adult child who is unable to support themselves may continue beyond 18 on application to the court.
From our practice
Recovery of maintenance — self-employed father understating income. A mother came to us after her former husband, who ran a construction business, had been paying maintenance calculated on a minimal declared salary despite obvious signs of higher income. We gathered evidence of the business’s actual turnover — contracts, bank transactions and property acquisitions — and presented it to the court in an application for a fixed-sum maintenance order. The court awarded a substantially higher fixed monthly sum reflecting the father’s real financial capacity. Duration: four months.
Cross-border maintenance — father in Germany refusing to pay. Following a divorce, the father relocated to Germany and ceased all maintenance payments. We assisted the mother in preparing and submitting an application to the Ministry of Justice of Belarus under the Hague Convention on the International Recovery of Child Support. The application was transmitted to the German Central Authority, and a maintenance order was subsequently recognised and enforced in Germany. The mother received her first payment within five months of our initial instruction.
Criminal liability triggered — father evading payment for over a year. A mother whose former husband had not paid a single instalment of court-ordered maintenance for fourteen months contacted us. We assisted her in preparing a criminal complaint under Art. 174 of the Criminal Code, which was submitted directly to the internal affairs authorities. Criminal proceedings were initiated. The father paid the full arrears within weeks of being notified of the criminal investigation. No trial was necessary.
How we can help
Our advocates have over 10 years of experience in maintenance cases in Belarus, including cross-border enforcement for clients from Europe, the United States, the Middle East and Asia. We advise in English and Russian and can assist remotely.
We provide consultations on your entitlement and the best procedural route, preparation of claims and supporting documents, court representation, enforcement proceedings and assistance with international maintenance recovery.
📧 [email protected] 📞 +375 29 142 27 19
