Child support arrears will be calculated in a new way from July 1

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12 November 2021, 16:16
Grodno peoplemoneylawworkGrodno

For five months, a Grodno resident did not pay alimony to his ex-wife because he lost his job. Now a criminal case has been filed against him. Despite the fact that the debt has been fully repaid, the man is “facing” time. The ex-wife claims: she has been trying to resolve the conflict peacefully for a long time, but this is the first time she has heard about problems with wages.

s13.ru listened to both sides of the family conflict, and at the same time talked with a lawyer on the sensitive and always relevant topic of alimony.

Content

How much is alimony paid?
Alimony agreement

Collection of alimony in court

Alimony for former spouses and adult children

Alimony can be paid:[∗] Articles 104 and 105 of the Code of the Republic of Belarus on Marriage and Family

voluntarily and independently (for example, the parent paying child support himself transfers the required amount to the current account);
voluntarily by deduction from income (in this case, the alimony-paying parent submits at the place of his work or other place of receipt of income. An application for withholding alimony is also submitted to organizations that pay pensions, benefits, scholarships and other payments from which alimony can be deducted. where he asks to deduct monthly alimony from his salary and other income and transfer it to the parent with whom the child lives);
compulsorily by deduction from income (thus, if the alimony-paying parent independently refuses to pay alimony, it can be collected through the court under a writ of execution).

This issue was discussed on the forum!

What is a penalty and why is it needed?

In accordance with paragraph 1 of Art. 311 of the Civil Code of the Republic of Belarus (hereinafter -) a penalty (fine, penalty) is a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor, unless otherwise provided by legislative acts, in the event of non-fulfillment or improper fulfillment of an obligation, in particular in the case of delay in fulfillment .

The penalty depends on the main obligation secured by it and cannot exist as an independent obligation (i.e., it is of an accessory nature). So, for example, if the main obligation is declared invalid, the obligation to pay a penalty is also invalid.

Important! The best way to collect a “debt” is to prevent it from happening. Check your counterparty before concluding an agreement using our service.

Based on the provisions on penalties and the established practice of establishing and collecting them, we believe it is possible to identify the following functions of penalties:

Security - a penalty is primarily intended to ensure proper fulfillment of the obligation and prevent violations by the counterparty;
Compensatory – in case of violation of an obligation, the injured party, by collecting a penalty, can compensate for the adverse consequences incurred;
Punitive - the party that violated the obligation is liable for dishonest behavior in the form of additional costs for paying a penalty.

Amount of alimony

The amount of alimony is:[∗] Article 92 of the Code of the Republic of Belarus on Marriage and Family

for one child – 25% of income;
for two children – 33% of income;
for three or more children – 50% of income.

At the same time, the amount of alimony cannot be less than the following amounts:[∗] Article 92 of the Code of the Republic of Belarus on Marriage and Family

for one child – 50% of the subsistence level budget;
for two children – 75% of the subsistence level budget;
for three or more children - 100% of the subsistence level budget.

The amount of alimony may be reduced by the court in the following cases:[∗] Article 92 of the Code of the Republic of Belarus on Marriage and Family

if the alimony-paying parent has other minor children who, when collecting alimony, turn out to be less financially secure than children receiving alimony;
if the parent paying alimony is a disabled person of group I or II (in this case, the court may completely exempt the parent from paying alimony);
if the alimony-paying parent, for objective reasons, cannot pay alimony in the established amounts.

To reduce the amount of alimony collected in court, the alimony parent must apply to the court with a claim to reduce the amount or exemption from payment of alimony established by the court and collected for the maintenance of children. If subsequently the circumstances due to which the alimony was reduced no longer exist, the amount of alimony may be increased again by the court. To do this, the parent receiving alimony must file a claim with the court.[∗] Article 94 of the Code of the Republic of Belarus on Marriage and Family

If collection of alimony in the amount established by law is impossible or difficult (for example, if the parent receiving alimony has irregular earnings), alimony can be collected in a fixed amount, which, as a rule, is expressed in basic amounts. If there is a change in the financial or marital status of a parent who pays alimony under a court order in a fixed sum of money, the court may change the amount of alimony at the request of an interested person.[∗] Articles 94 and 98 of the Code of the Republic of Belarus on Marriage and Family

Payment obligation

Many unscrupulous parents evade paying child support. Then the other party needs to contact the bailiffs. They check the debtor's income and demand payment of child support. They are restricted from traveling to the territory of another country.

Some payers deliberately hide their income so as not to pay child support. Such pranks can lead to consequences. If an accountant at an enterprise somehow hides the official salary or reduces its size, then a fine will be charged for this. If alimony is not paid within 3 months, criminal liability arises. The payer must take this issue seriously. If the calculation of maintenance is carried out by the employer, then it is his responsibility to pay benefits on time and in full. The rights of the child are regulated by the state, and therefore any violations are punishable.

What you can do right now:

Determine in what form child support payments are required
Demand payment of additional expenses in case of illness of the child
Seek help from bailiffs if the debtor evades paying alimony

Agreement on payment of alimony

Parents can enter into an agreement on the payment of child support, defining the amount, method and procedure for their payment. To conclude it, you can contact any notary by presenting passports or other identification documents and the child’s birth certificate, and if the agreement concerns property rights, then a document confirming the parent’s ownership of this property.[∗] – Article 1031 of the Code of the Republic of Belarus about marriage and family; – Chapter 11 of the Instructions on the procedure for performing notarial actions, approved by Resolution of the Ministry of Justice of the Republic of Belarus dated October 23, 2006 No. 63

Alimony in accordance with the agreement on the payment of alimony can be paid: [∗] Article 1036 of the Code of the Republic of Belarus on Marriage and Family

as a percentage of the earnings and (or) other income of the child support parent;

(This method of paying alimony is similar to that provided by law. However, the agreement can provide for a larger amount of alimony. For example: - for one child 35% of earnings, not 25%; - for two children, 50% of earnings, not 33%; – for three or more children, 65% of earnings, not 50% (but not less) than is established by law). With this approach, the amount of alimony can change either up or down. It all depends on the income level of the parent who is obliged to pay them.

in a fixed sum of money paid periodically;

(In this case, specific amounts specified in the agreement are paid as alimony. To protect against inflation, the specified amounts are indexed, that is, they increase in proportion to the increase in the size of the base amount. The agreement may provide for another method of indexation. [∗] Articles 1037 and 113 of the Code Republic of Belarus about marriage and family

Also, in order to avoid inflation, this amount of alimony can be tied to foreign currency. For example, you can stipulate that alimony must be paid in Belarusian rubles in an amount equivalent to 200 US dollars at the rate of the National Bank of the Republic of Belarus on the day of payment).

in a fixed sum of money paid at a time;

(In this case, a specific amount specified in the agreement is paid as alimony at a time. After this, the parent obligated to pay alimony is exempt from paying it. Moreover, despite the fact that such an amount is paid only once, it is necessary to comply with the requirements of the law regarding , that the amount of alimony cannot be less than that established by law. To do this, you need to compare the specified lump sum with the total amount of alimony that could be received for all the months remaining until the child reaches adulthood. The monthly amount of alimony can be calculated based on the approximate the amount of salary (other income) of the parent paying alimony).

by transferring property to the child.

(In this case, any property (most often real estate) is transferred to the child’s ownership as alimony. If the property is transferred at a time, then after that the alimony parent is released from paying them).

It should be noted that the amount of alimony established by the parents should not be lower than the amount of alimony established by law.[∗] Article 1036 of the Code of the Republic of Belarus on Marriage and Family This rule continues to apply even when alimony is paid periodically or at a time, and also if property is transferred. To comply with this rule, you need to compare the specified lump sum with the total amount of alimony that could be received for all the months remaining until the child reaches adulthood. The monthly amount of child support can be calculated based on the approximate amount of the salary (other income) of the parent receiving the child support.

The alimony agreement must specify the specific form of alimony payment. They can be transferred in cash directly from hand to hand or transferred by bank transfer to a bank account. Also, a parent obligated to pay alimony can submit at his place of work or another place of income An application for withholding alimony is also submitted to organizations that pay pensions, benefits, scholarships and other payments from which alimony can be withheld, an application with a request to withhold monthly from his salary and other income, alimony and transfer it to the parent with whom the child lives.

If periodic payment of alimony is expected, then the agreement must indicate the frequency of such payments (weekly, monthly, quarterly).

The agreement may provide for the possibility of paying alimony for the future.[∗] Article 104 of the Code of the Republic of Belarus on Marriage and Family

The agreement may provide for a combination of different methods of paying alimony.

The alimony agreement may be changed or terminated at any time by agreement of the parties. However, if such an agreement provides for the transfer of property into the ownership of a child, then it is changed or terminated only with the consent of the guardianship and trusteeship authorities, and if this child acquires full legal capacity - with his consent. The agreement is amended or terminated in the same form as its conclusion.[∗] Article 1033 of the Code of the Republic of Belarus on Marriage and Family

A unilateral refusal to execute an agreement on the payment of alimony or a unilateral change in its terms is not allowed. However, if there is a significant change in the financial or marital status of the parents and failure to reach an agreement to change or terminate the agreement, the interested party may file a lawsuit to change or terminate this agreement. In this case, the court may take into account any noteworthy interest of the parties.[∗] Article 1033 of the Code of the Republic of Belarus on Marriage and Family

Penalty and interest for using someone else's money

Interest on the use of other people's funds: how to calculate and collect. Read for free!

In case of delay in fulfilling a monetary obligation, the creditor on the basis of Art. 366 of the Civil Code has the right to demand payment of interest for the use of other people’s funds (hereinafter referred to as interest) for the entire period of improper fulfillment of obligations.

By their legal nature, interest is of an offset nature in relation to losses (clause 2 of Article 366 of the Civil Code).

How do interest and penalties relate?

According to Part 2, Clause 6 of the Resolution of the Plenum of the Supreme Economic Court of the Republic of Belarus dated January 21, 2004 No. 1 “On some issues of application of the norms of the Civil Code of the Republic of Belarus on liability for the use of other people’s funds” (hereinafter referred to as Resolution No. 1), along with the calculation of interest on based on Art. 366 of the Civil Code, legislation or an agreement may provide for the debtor’s obligation to pay a penalty (penalty) for late fulfillment of a monetary obligation.

Thus, the law allows for the simultaneous collection for non-fulfillment or improper fulfillment of monetary obligations of both the penalty provided for by law or contract, and interest for the use of someone else’s money.

At the same time, by virtue of clause 28 of Resolution No. 1, provided for in clause 1 of Art. 366 of the Civil Code, interest is payable only on the corresponding amount of funds (the original amount of the principal obligation). No interest is accrued on the amount of the penalty or interest for the use of other people's funds.

Collection of alimony through court

You can go to court to collect alimony at any time, even if it is paid voluntarily.[∗] Article 104 of the Code of the Republic of Belarus on Marriage and Family

The parent who is entitled to child support can file a claim for the recovery of child support at his place of residence. At the same time, he is exempt from paying state duty.[∗] – Article 47 of the Civil Procedure Code of the Republic of Belarus – subparagraph 1.1.11 of Article 257 of the Tax Code of the Republic of Belarus

Instead of a lawsuit, an application to initiate writ proceedings may be filed. In this case, the court itself considers the case without holding a court hearing and summoning the spouses.[∗] Article 394 of the Civil Procedure Code of the Republic of Belarus.

Child support for the past can be recovered for no more than 3 previous years and only if the court establishes that before going to court, measures were taken to obtain maintenance funds, which were unsuccessful due to the parent’s evasion from paying them, and also if a new this parent did not submit a new application for withholding of alimony to the place of work.[∗] Article 109 of the Code of the Republic of Belarus on Marriage and Family

If child support is not paid for any reason, then the parent paying child support is assessed arrears of child support. Its size is determined based on the parent’s income received during the period of such non-payment. If the child support parent did not work at that time or did not provide documents confirming his income, the debt is determined in the following amounts: for one child - 50%, for two children - 100%, for three or more children - 150% of the subsistence level budget in average per capita.[∗] Article 110 of the Code of the Republic of Belarus on Marriage and Family

The court, at the request of the alimony-paying parent, may release him in whole or in part from paying arrears of alimony if it is established that alimony was not paid due to illness or other valid reasons and his financial and family situation does not make it possible to pay off the resulting arrears.[ ∗] Article 110 of the Code of the Republic of Belarus on Marriage and Family

If the parents have entered into an agreement on the payment of alimony or a prenuptial agreement, the court will collect alimony in accordance with this agreement or agreement.

If there is a delay in paying alimony according to a court order, the alimony payer pays the alimony recipient a penalty in the amount of 0.3% of the amount of unpaid alimony for each day of delay.[∗] Article 1111 of the Code of the Republic of Belarus on Marriage and Family In addition, a parent who evades payment of alimony for more than 3 months during the year may be subject to criminal liability. Evasion of parents for more than 3 months during the year from paying funds for the maintenance of children by court order is punishable by community service or correctional labor for up to 2 years, or arrest for up to 3 months, or restriction of freedom for a term of up to 3 years, or imprisonment for a term of up to 1 year. (Clause 1 of Article 174 of the Criminal Code of the Republic of Belarus).

It is worth noting that paying child support does not relieve the parent from the obligation to participate in raising the child. In addition, in addition to child support, the parent is required to contribute to unexpected expenses for the child. If this does not happen, then the problem can be resolved in court. Thus, the child support parent can be called upon to participate in additional expenses caused by exceptional circumstances (serious illness, injury to a child, etc.). You can participate in both expenses already incurred and those that will be incurred in the future.[∗] Article 96 of the Code of the Republic of Belarus on Marriage and Family

What is required besides alimony? Payout time

Often childhood illnesses require expensive treatment. Not every parent is able to cope with such a situation, including financially. They are required by law to care for disabled children. Even if alimony is paid, this is not a basis for refusal to participate in parenting.

Parents are held responsible for paying additional costs that are incurred based on special cases.

These include complex illnesses and injuries. The court may require participation in future expenses. The amount can be either basic or fixed.

Alimony is calculated from the period of filing the application. Even if the process is delayed for a longer period, a fee will still be charged for each day. This ensures the protection of the rights of the child.

Payments end when you reach adulthood. It does not take into account whether the child works or studies. Financial assistance can be provided by parents only at the request or by a previously drawn up agreement. Child support continues to be paid if the child is incapacitated, for example, if he is disabled. All conditions for providing maintenance are set by the court if there is no mutual understanding between the parents. Once you become able to work, all benefits cease.

Alimony for ex-spouse and adult children

As a rule, child support is paid only for children and only until they reach 18 years of age. However, there are exceptions to this rule. Thus, a former spouse who has the necessary means is obliged to financially support a person in need of material assistance: [∗] Articles 29 and 30 of the Code of the Republic of Belarus on Marriage and Family

disabled There is no general concept of disability in the legislation, so the issue must be decided by the court based on specific circumstances. For example, disabled citizens include: - citizens who have reached retirement age (men - 60 years, women - 55 years); – disabled people, regardless of disability group; – citizens who objectively cannot engage in labor activity due to health reasons. spouse, if the disability occurred before the divorce, as well as within 1 year after it (in certain cases, if the former spouse has reached retirement age and if the spouses were married for at least 10 years, within 5 years);
ex-wife during pregnancy, if pregnancy occurred before the divorce;
ex-spouse caring for: a common child under 3 years old;
common disabled child under 18 years of age;
general disabled adult child.

an adult disabled child.

These maintenance funds can be demanded in court. Their size is determined by the court in basic terms based on the financial and marital status of both former spouses. If this situation subsequently changes, each of them can apply to the court with a claim to change the amount of funds collected for maintenance.[∗] Article 31 of the Code of the Republic of Belarus on Marriage and Family

The court may release the former spouse from the obligation to provide material support or limit this obligation to a certain period if the marriage was short-lived or there is unworthy behavior of the spouse requiring financial support.[∗] Article 32 of the Code of the Republic of Belarus on Marriage and Family

The right to material support is lost if: [∗] Article 33 of the Code of the Republic of Belarus on Marriage and Family

the conditions that constitute the basis for receiving material support have disappeared;
the former spouse receiving financial support entered into a new marriage.

Please note that if maintenance funds were collected by court decision, the obligation to pay them does not automatically terminate. To do this, the spouse who provides financial assistance must apply to the court with a claim to exempt him from further payment of maintenance funds.[∗] Article 33 of the Code of the Republic of Belarus on Marriage and Family

Who has the right to receive alimony in Belarus?

The main condition that allows you to receive alimony is the presence of family ties between the applicant for alimony and the person obligated to pay it. Another condition is the recipient’s lack of ability to provide for himself financially, as well as the cessation of housekeeping, which was considered common.

The amount of alimony payments can be determined voluntarily, by common agreement of both parties, or in court.

The right to receive alimony in the Republic of Belarus can be used by:

children under the age of majority and disabled, as well as one of their parents;
ex-spouse during the pregnancy, if pregnancy occurs before the divorce is filed. The ex-spouse must pay them;
one of the spouses who has taken care of their common children (child) until they reach the age of three; a child with a disability and under 18 years of age; an adult child who is disabled;
there is a court decision, a spouse who has lost his ability to work and needs financial assistance from his ex-spouse;
parents who are disabled and in dire need of financial assistance from their able-bodied offspring.