Child support: how the system works and how much you need to pay

Contents:

• What is child support
• How is the amount of child support calculated in Belarus
• How to pay child support voluntarily
• How to file for child support through the court
• What liability awaits non-payers
• The main thing about child support in Belarus: 4 point

What is child support

Alimony is money that one family member is legally obligated to pay for the support of another. Most often, we are talking about the support of minor children. Adult children also have the right to alimony if they are disabled people of group I or II and need assistance.
Alimony is paid by the parent who does not live with the child and does not directly participate in his or her support. The recipient of the funds is the parent with whom the child remains, his or her guardian or trustee.
It is important to understand that alimony is precisely regular cash payments for maintenance. The purchase of clothes, toys, or payment for extracurricular activities is not counted toward alimony unless there was a prior, documented agreement between the parents.

How the amount of alimony is calculated in Belarus

In Belarus, the amount of alimony is determined in two main ways:
1. In shares of the payer's earnings and (or) other income.
This is the main and most common method:

• For one child - at least 25% of income.
• For two children - at least 33% of income.
• For three or more children - at least 50% of income.

Income is considered not only the salary at the main place of work, but also bonuses, income from entrepreneurial activity, royalties, pensions, scholarships, etc.
2. In a fixed monetary amount.
This method is used if the parent:

• has an irregular or changing income;
• receives income in kind or in foreign currency;
• is unemployed;
• if the collection of alimony in proportion to each other significantly violates the interests of one of the parties.

The amount of this sum is tied to the minimum subsistence budget (MSB). The court may order payment in the amount of 50%, 100%, 150% of the MSB, and so on, based on the need to maintain the child's previous level of support.
Important: The MSB is reviewed quarterly, therefore, alimony in a fixed amount is subject to indexation (recalculation) in proportion to the growth of the MSB.
There are special circumstances when the amount of alimony may still be reduced by a court decision. These are:

• the first or second group of disability of the parent paying alimony;
• the presence of the payer's children who, after the collection of alimony, find themselves in a worse financial situation than the children receiving them;
• other objective reasons that, in the opinion of the court, do not allow alimony to be paid in full.

The initiator of reducing the amount of payments must be their The payer, it is his statement that serves as the basis for initiating legal proceedings.

How to pay child support voluntarily

Parents can peacefully agree on the amount and procedure for payments, securing this in an Agreement on the payment of child support. This is a document that must be certified by a notary. It has the force of a writ of execution.
The agreement may provide for:

• a specific amount of alimony (but it cannot be lower than that which could be collected through the court);
• the form of payments (a share of earnings, a fixed amount, a lump sum payment, provision of property);
• the frequency of transfers (monthly, quarterly, etc.);
• method of transferring funds (to a card, in cash against a receipt).

Never limit yourself to a verbal agreement! If the payer stops paying, it will be extremely difficult to prove the fact of the agreement and offset the money already transferred.

How to file for alimony through the court

If it is not possible to come to an agreement, the recipient of alimony has the right to go to court.

Where to apply

An application for the collection of alimony must be submitted to the justice of the peace at the place of residence of the plaintiff or defendant.

What documents will be needed

• Statement of claim.
• A copy of the child's birth certificate.
• Copies of the passports of the plaintiff and the defendant.
• Certificate of the child's place of residence.
• Certificates of the income of the parties (if it is possible to obtain them).
• A copy of the marriage or divorce certificate (if :

Procedure

Cases for the collection of alimony are considered in a simplified manner. The application can be submitted in person, through a legal representative, or sent by mail.
After the court has made a decision, you receive an enforcement document (writ of execution), which must be presented at the payer's place of work or directly to the bailiff service.

What responsibility awaits defaulters in Belarus

Belarus has a strict system of measures for malicious defaulters on alimony.
1. Civil liability: for each day of delay, a penalty (fine) is charged in the amount of 0.3% of the amount of unpaid alimony.
2. Administrative liability: the bailiff has the right to apply enforcement measures to the debtor and impose restrictions:

• Ban on traveling abroad (for debts of 5 basic units or more).
• Temporary restriction on driving a vehicle (special decision of the Ministry of Internal Affairs).
• Seizure of property and funds in accounts.

3. Criminal liability: malicious evasion of alimony payments (for more than 6 months during the year) is punishable by Art. 174 of the Criminal Code of the Republic of Belarus and may lead to:

• Community service;
• Correctional labor for up to 2 years;
• Arrest for up to 3 months;
• Restriction of freedom for up to 3 years or imprisonment for up to 1 year.

The main thing about alimony in Belarus: 4 points

1. Alimony is a mandatory monthly payment for the maintenance of a child. Their size is set as a percentage of income (25%, 33%, 50%) or as a fixed amount, a multiple of the minimum subsistence budget (MSB).
2. The best way is to come to an agreement amicably and have the agreement certified by a notary. This will avoid court and conflicts.
3. If an agreement is not reached, the path lies in court. The statement of claim is filed with a justice of the peace. The received writ of execution must be transferred to the bailiffs or to the payer's place of work.
4. Failure to pay alimony is a serious violation. Debt threatens not only a huge penalty, but also a ban on leaving the country, the loss of a driver's license, and, in extreme cases, criminal prosecution.