Minor children must be provided with decent maintenance. This obligation of parents is enshrined in the legislation of the Republic of Belarus. In accordance with article 32, paragraph 3, of the Constitution, parents or their substitutes have the right and duty to raise children, take care of their health, development and education. According to article 91, paragraph 1, of the Marriage and Family Code, parents are required to support their minor children and disabled adult children that are in need of financial assistance.
Unfortunately, parents do not always faithfully fulfill their responsibilities for the maintenance of children.
If one of the parents evades the maintenance of their children, alimony may be recovered from them. As a rule, one of the parents applies to the court to collect alimony from the other parent. An alimony lawyer will help you resolve this issue.
In the Republic of Belarus alimony may only be collected in court. It does not matter whether the child’s parents are married or divorced.
Alimony can be recovered when the parents have stopped living together, or have dissolved their marriage, or have stopped running a common household without submitting a claim for the dissolution of their marriage. An alimony lawyer will explain the conditions for obtaining alimony in your particular case.
CONDITIONS FOR OBTAINING ALIMONY IN BELARUS
– presence of a family or kinship relationship (both former and existing) between the person claiming to receive material support and the person who is supposed to provide it;
– the recipient’s inability to provide for themselves financially due to any circumstances;
– termination of running a common household.
METHODS FOR THE RECOVERY OF ALIMONY IN BELARUS
– applying to court with a legal claim;
– applying to court with a petition initiating the writ proceedings.
In the order of writ proceedings, the recovery of alimony is carried out on the basis of the statement of the claimant without holding a hearing and calling the parties.
Writ proceedings are possible if the information about the parent from whom alimony will be recovered is entered in the record of the child’s birth, as well as if there is no need to involve third parties to participate in the case.
Our alimony lawyer will help you decide on an acceptable form of appeal to the court for collecting alimony in your particular case.
The alimony recovery lawyer will provide you with legal assistance in drafting a claim or an application for initiating writ proceedings with all the necessary documents attached, which will exclude the possibility of refusal to accept the claim by the court.
Applicants in cases of alimony recovery are exempt from paying the state fee.
Alimony can be paid on a voluntary basis. The parent who is required to pay alimony can independently transfer the amount to the current account specified to them by the other parent.
Persons who have expressed a desire to pay alimony voluntarily, without the presence of an executive document, have the right to apply to the administration at the place they work or receive pension, allowance, or scholarship with a written application for the deduction of alimony and its payment or transfer by mail to the person specified in the application.
Alimony cannot be deducted on a voluntary basis upon application if the:
– alimony is already being recovered on the basis of executive documents;
– alimony for children from another mother is already being recovered on the basis of a court order;
– total amount to be recovered upon application exceeds 50% of the earnings from which alimony is being deducted.
Our alimony lawyer is ready to tell you about the nuances of voluntary payment of alimony.
However, even in the case of voluntary payment of alimony, it is possible at any time to apply to the court for recovery of alimony, since alimony paid on a voluntary basis may not be sufficient for the maintenance of children.
The alimony lawyer of our law firm has extensive experience in representing clients in cases of alimony recovery. Our alimony lawyer has more than 15 years of experience, which allows them to professionally represent clients in court.
Alimony is awarded for future use from the moment of applying to the court. Alimony can also be recovered for a previous period, but no more than for the previous three years. This is possible if, before applying to the court, measures were taken to obtain funds for maintenance, but due to the evasion of the person obliged to pay alimony from paying them, or as a result of the transfer of a person from whom alimony is deducted by application, to another job or change of residence, the alimony was never received.
The alimony lawyer from our law office will help you collect the necessary evidence if you intend to recover alimony for a previous period.
Recovery of alimony for minor children is made in the following amounts in the absence of a shared parenting agreement or an alimony agreement, as well as if the amount of alimony is not determined by a prenuptial agreement: 25 percent for one child, 33 percent for two children, 50 percent of parents’ earnings and (or) other income per month for three or more children. In this case, the minimum possible amount of alimony per month depends on the size of the budget of the average subsistence level per capita – it must be at least 50 percent for one child, 75 percent for two children, and 100 percent for three or more children. If necessary, our alimony lawyer will explain the procedure for deducting alimony.
Unfortunately, very often the debtor tries to hide their real income, and evades appearing in court. Subsequently, many a time the debtor simply refuses to pay alimony and evades paying it in all possible ways.
For evading the maintenance of their children, parents can be held liable under the Criminal Code of the Republic of Belarus. The reason for this is the evasion of more than three months within one year from paying the funds for the maintenance of the child by court order. Article 174 of the Criminal Code provides for liability for the commission of this act, up to one year of imprisonment. The alimony lawyer is ready to explain all the nuances that the recovery of alimony entails, including issues of possible liability for such an act under the legislation of the Republic of Belarus.
Legal assistance provided by our alimony advocate includes:
– consulting on issues that arise in alimony recovery cases;
– drafting an application for alimony recovery, as well as preparing other documents for the court;
– representing the client’s interests in court in cases of alimony recovery.
A separate category of cases in the field of alimony recovery is the recovery of alimony from foreign citizens or debtors whose place of residence is unknown. The alimony lawyer of our law firm has extensive experience in representing clients in this category of cases, including representing the interests of foreign citizens if they are collecting alimony in court.
Quite often in our practice, the alimony lawyer helps reach an agreement between the child’s parents, in which they independently determine the form and procedure for providing maintenance to children, the terms of payment and the amount of alimony.
The agreement on the payment of alimony determines:
– the procedure, method, form, as well as the main and additional conditions for providing maintenance to the child;
– amount of funds for child maintenance;
– last name, first name, patronymic, and date of birth of the child.
The amount of alimony for minor children determined by the parties in the agreement on the payment of alimony may not be lower than the legally established amount of alimony that they could receive when recovering alimony in court.
At the time of conclusion of the agreement, there must be no prenuptial agreement or shared parenting agreement concluded in accordance with the procedure established by law, as well as no court order that has entered into legal force, which resolve the issues of alimony payment.
Our alimony lawyer will assist you in reaching and drafting an agreement on the payment of alimony and the order of its registration in the proper form.
It should be noted that the recovery of alimony is quite a complex category of court cases, where you need to know all the specifics of the Belarusian legislation in this field.
If you contact our law office, our alimony lawyer will give you a professional view of the situation, which will completely save you from further problems. Our alimony lawyer will help you properly carry out the recovery of alimony, including the preparation of a claim for alimony collection and submitting it to the court, as well as will professionally represent your interests in court.