Everyone wants to have a strong and friendly family, but not always and not everyone succeeds. In the event of a divorce, and in some cases even without a divorce, one of the parents, more often the mother, is forced to submit an application for alimony to the court. If divorce today will cost the initiator of this process three basic values, then the application for alimony is not subject to state duty. In this case, the application must be submitted to the court at the place of residence of the defendant.

The size

The amount of alimony is determined by the Code of the Republic of Belarus on Marriage and Family (hereinafter - MOBS). So, Art. 92 MSC stipulates that 25% of income is collected for one child, 33% for two children, if there are three or more minor children, then 50%. However, there is also a minimum amount that an able-bodied parent is obliged to pay for the maintenance of a child - 50% of the minimum subsistence budget for one child and, respectively, 75% and 100% for two and three children.

If at the time of the determination of the alimony arrears, the parent quit his job, the alimony will be collected based on his earnings at the last job. However, if more than 3 months have passed since the moment of dismissal, the average salary in a specific area will be taken into account (for example, in Minsk for residents of the capital). This norm is enshrined in Art. 110 CoBS. Nevertheless payments cannot be lower than the minimum amount, above.

If a woman is pregnant or is still on parental leave for a child under 3 years old, then alimony is also due for her maintenance. The amount of this payment will be determined by the court, taking into account the financial situation of both spouses. As a rule, the payment is assigned in base values. Recall that the base value from April 1, 2012 is 100,000 rubles.

If the husband is an entrepreneur and pays taxes according to the simplified taxation system, then alimony will be calculated based on the amount of income he received.

Despite the fact that few divorce quietly and calmly, there are such pleasant exceptions. In this case, the parents can conclude an agreement on children with each other, which will describe all the issues, including the issues of maintaining the child by a separate parent.

Payments other than alimony

Unfortunately, children sometimes get sick, and sometimes illnesses are very serious and require expensive treatment. Not everyone can bear such a burden alone. In accordance with Art. 91 KBS parents are obliged to support their minors and disabled adult children in need of assistance. It means that the payment of alimony does not exempt the parent from participating in the maintenance and upbringing of the child.

In Art. 96 KBS refers to the possibility of judicially involving a parent who pays alimony for minor children to participate in additional costs caused by exceptional circumstances (serious illness, child injury, etc.). At the same time, the court has the right not only to oblige the parent to share the expenses already incurred, but also to demand his participation in the upcoming expenses. Such payments can be assigned both in a fixed amount and in base values.

Payment term

Alimony begins to accrue from the moment the application is filed with the court. Please note: not from the moment of the court session at which the decision will be made, but from the day when the application was accepted in court.

The end of payments occurs when the child becomes an adult, that is, he turns 18. In this case, it does not matter whether the child is studying or working. Even if he is a student of a paid department of a university, a parent who does not live together can provide financial assistance for his maintenance only at his own will or if this moment was stipulated in the previously concluded agreement on children.

There is only one exception to this rule: when the child is disabled and at the same time in need. Disabled people are people who are disabled groups I and II. Need in accordance with the law is the impossibility of satisfying vital needs for food, clothing, housing, treatment. The state of need and the amount of payments are determined only by the court, unless an agreement on voluntary maintenance has been reached between parents and children. If the court recognizes the restoration of the working capacity of an adult child or the termination of his need, the payment of alimony shall be terminated.

Securing the payment of alimony

Unfortunately, it is not uncommon for parents to try to avoid paying alimony in every possible way. In this case it is worth contacting the bailiff more often, his job is to check the debtor's income, and in the absence of earnings, to foreclose on the debtor's property. One of the interim measures in accordance with the current legislation may be a judicial restriction of travel outside the country for the debtor.

Sometimes alimony payers agree with the employer to lower their legal earnings. However, it is important to know that such shenanigans are fraught with consequences. For example, if an accountant at the place of work helps a parent to conceal income, then he will face penalties in the amount of 0.3% per day from the amount of unpaid funds. This money is paid to the child.

Parents who are obliged to pay alimony should also know that if they avoid paying alimony for more than 3 months during the year, criminal liability may also ensue.

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 alimony parent himself transfers the required amount to the current account);
• voluntarily by deduction from income (in this case, the alimony parent submits at his place of work or according to an application where he asks to deduct alimony from his salary and other income on a monthly basis and transfer them to the parent with whom the child lives);
• forcibly by deduction from income (for example, if the alimony parent independently refuses to pay alimony, they can be recovered through the court on a writ of execution).

This issue was discussed on the forum!

Alimony amount

The amount of the alimony is: [∗]

• 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 living wage budget;
• for two children - 75% of the living wage budget;
• for three or more children - 100% of the living wage budget.

The amount of alimony can 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 parent has other minor children who, when collecting alimony, are less well off financially than children receiving alimony;
• if the alimony parent is disabled of group I or II (in this case, the court may completely release the parent from paying alimony);
• if the alimony parent for objective reasons cannot pay alimony in the established amount.

To reduce the amount of alimony collected in court, the parent-alimony must go to court with a claim to reduce the amount or exemption from the payment of alimony established by the court and collected for the maintenance of children. If subsequently the circumstances in connection with which the alimony were reduced disappear, the amount of the 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 the collection of alimony in the amount established by law is impossible or difficult (for example, in case of irregular earnings of an alimony parent), alimony can be recovered in a fixed amount, which is usually expressed in basic values. If the financial or marital status of a parent who pays alimony by a court order in a fixed sum of money changes, the court may change the amount of alimony at the suit of an interested person. [∗] Articles 94 and 98 of the Code of the Republic of Belarus on Marriage and Family

Alimony Payment Agreement

Parents can enter into an agreement on the payment of child support, defining there the amount, method and procedure for paying them. For its conclusion, you can contact any notary by submitting passports Or other identity documents and the child's birth certificate, and if the agreement concerns the rights to property, then a document confirming the parent's ownership of this property. [∗] - Article 103-1 of the Code of the Republic of Belarus on Marriage and Family;
- chapter 10-1 of the Instruction on the procedure for performing notarial actions, approved by the Resolution of the Ministry of Justice of the Republic of Belarus dated October 23, 2006 No. 63

Alimony in accordance with an agreement on the payment of alimony may be paid: [∗]

• 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 larger amount of alimonyFor example:
- 35% of earnings per child, not 25%;
- for two children 50% of earnings, not 33%;
- for three or more children, 65% of earnings, not 50%.(but not less) than it is established by law).
With this approach, the amount of alimony can change both up and down. It all depends on the level of income of the parent who is obliged to pay them.

• in a fixed amount paid periodically;

(In this case, specific amounts prescribed in the agreement are paid as alimony. To protect against inflation, these amounts are indexed, ie increase in proportion to the increase in the base amount. The agreement may provide for another indexation method. [∗] Articles 103-7 and 113 of the Code of the Republic of Belarus on Marriage and Family

Also, in order to avoid inflation, this amount of alimony can be linked to foreign currency. For example, you can prescribe that alimony is payable 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 amount paid in a lump sum;

(In this case, the specific amount prescribed in the agreement is paid as alimony at one time. After that, the parent who is obliged to pay the alimony is exempted from paying it.
At the same time, despite the fact that such an amount is paid only once, it is necessary to comply with the requirements of the legislation that the amount of alimony cannot be less than that established by law. To do this, you need to compare the indicated lump sum with the total amount of alimony that could have been received for all the months remaining until the child's majority. The monthly support amount can be calculated based on the approximate salary (other income) of the parent paying the support).

• by transferring property to the child.

(In this case, as alimony, any property is transferred to the child's property (most often it is real estate). 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 set by the parents should not be lower than the amount of alimony established by law. [∗] Article 103-6 of the Code of the Republic of Belarus on Marriage and Family
This rule continues to apply even when the alimony is paid periodically or in a lump sum, as well as if property is transferred as it. To comply with this rule, you need to compare the indicated lump sum with the total amount of alimony that could have been received for all the months remaining until the child's majority. The monthly support amount can be calculated based on the approximate salary (other income) of the child support parent.

The alimony agreement must specify the specific form of the 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 who is obliged to pay alimony can file at his place of work or at other place of incomeAn application for withholding alimony is also submitted to organizations that pay pensions, benefits, scholarships and other payments from which alimony can be withheld. a statement with a request to withhold alimony from his salary and other income on a monthly basis and transfer them to the parent with whom the child lives.

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

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

The agreement on the payment of alimony can be changed or terminated at any time by agreement of the parties. However, if such an agreement provides for the transfer of property to the ownership of the child, then it is changed or terminated only with the consent of the guardianship and guardianship authorities, and if this child acquires legal capacity in full, with his consent. Amendment or termination of the agreement is made in the same form as its conclusion. [∗]

Unilateral refusal to execute the alimony agreement or unilateral change of its terms is not allowed. However, in the event of a significant change in the material or family situation of the parents and failure to reach an agreement to amend or terminate the agreement, the interested party may apply to the court with a claim to amend or terminate this agreement. In doing so, the court may take into account any noteworthy interest of the parties. [∗] article 103-3 of the Code of the Republic of Belarus on Marriage and Family

Recovery of alimony through the court

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

A parent who is entitled to alimony can file a claim for the recovery of alimony at his place of residence. At the same time, he is exempted from paying the 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 claim, an application for the initiation of an order proceeding can be filed. In this case, the court itself considers the case without holding a court session and summoning the spouses. [∗] article 394 of the Civil Procedure Code of the Republic of Belarus.

Alimony for the past time can be collected for no more than 3 previous years and only if the court establishes that, before going to court, measures were taken to receive funds for maintenance, which turned out to be ineffectual due to the parent's evasion of payment, and also if in a new way the parent did not file a new application for withholding of alimony at the place of work. [∗] Article 109 of the Code of the Republic of Belarus on Marriage and Family

If the alimony is not paid for any reason, then the alimony parent is charged the alimony debt. Its amount is determined based on the parent's income received by him for the period of such non-payment. If the parent-alimony was not working at that time or did not submit documents confirming his income, the debt is determined based on the income received by him at the time of calculating the alimony debt. And if the alimony parent does not work at the time of accrual of such debt, its amount is determined based on the parent's earnings at the last place of work. And if there is no information about earnings from the last job, or if more than 3 months have passed since the dismissal, the debt is determined based on the average salary in the country. At the same time, the amount of alimony should not be less than its minimum amount at the time of accrual of the debt. [∗]

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

If the parents have entered into or a marriage contract, the court will collect alimony in accordance with this agreement or contract.

If the alimony payment is delayed by a court order, the alimony payer shall pay the alimony recipient a penalty in the amount of 0.3% of the amount of unpaid alimony for each day of delay. [∗] Article 111-1 of the Code of the Republic of Belarus on Marriage and Family In addition, a parent who avoids paying alimony for more than 3 months during the year may be brought to justice criminal liabilityParents' evasion for more than 3 months within a year from the payment of funds for the maintenance of children by a court order is punishable by community service or correctional labor for up to 2 years, or arrest for up to 3 months, or restraint of liberty for up to 3 years, or imprisonment for term up to 1 year.
(Clause 1 of Article 174 of the Criminal Code of the Republic of Belarus).

It should be noted that the payment of alimony does not relieve the parent of the obligation to participate in the upbringing of the child. In addition, in addition to alimony, the parent is required to contribute to the incidental costs of the child. If this does not happen, then the problem can be solved in court. Thus, an alimony parent can be involved in additional expenses caused by exceptional circumstances (serious illness, child injury, etc.). You can attract to participate both in the costs 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

Alimony for the ex-spouse and adult children

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

• disabledThere is no general concept of disability in the legislation, so the issue should be decided by the court based on specific circumstances. For example, disabled citizens include:
  - Citizens who have reached retirement age (men - 60 years old, women - 55 years old);
  - disabled people regardless of the disability group;
  - Citizens who are objectively unable to work for health reasons. spouse, if the incapacity for work occurred before the divorce, as well as within 1 year after it (in a certain caseIf the former spouse has reached retirement age and if the spouses have been married for at least 10 years. within 5 years);
• ex-wife during pregnancy, if pregnancy occurred before divorce;
• former caregiver spouse:
  • for a common child under 3 years old;
  • a common disabled child up to 18 years old;
  • common disabled adult child.

• an adult disabled child.

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

The court may release the ex-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 misconduct of the spouse requiring material support. [∗] Article 32 of the Code of the Republic of Belarus on Marriage and Family

The right to material support is lost if: [∗]

• the conditions that are the basis for obtaining material support have disappeared;
• the former spouse receiving financial support has remarried.

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

Legislation

• Code of the Republic of Belarus on Marriage and Family;
• Civil Procedure Code of the Republic of Belarus;
• Resolution of the Plenum of the Supreme Court of the Republic of Belarus of June 22, 2000 No. 5 "On the practice of the courts' application of legislation when considering cases of divorce";
• Resolution of the Ministry of Justice of the Republic of Belarus of 23.10.2006 No. 63 "On approval of the Instruction on the procedure for performing notarial actions".

Situations often arise when a child's parents break up and do not maintain a relationship. The law and the state, establishing the rules for the maintenance and payment of funds, are called upon to protect minor citizens in material terms, regardless of how their parents' relations develop.

Legal documents

The rules for the payment of alimony in the Republic of Belarus are regulated by the State Code on Marriage and Family. Chapter 11 of the Code contains:

• the main material and property obligations of the parents;
• obligations to pay alimony;
• income from which payments can be withheld;
• cases of additional maintenance, except for alimony payments.

In the same chapter, the procedure for drawing up an agreement on the payment of alimony is determined. Chapter 12 regulates the issues of payment and collection of compulsory payments for the maintenance of children. A sample application for alimony in Belarus is shown in the photo below.

When the right to alimony arises

The very concept of alimony implies the free transfer of funds (or other material benefits) from one person to another who has the right to do so.

Such payments can be made both at their own will (voluntarily), and by way of a court order.

At the same time, donations are not assigned to anyone without the presence of supportive factors. There are several conditions for the payment of alimony:

• Confirmed and recorded fact of consanguinity or family relationship (between the alimony and the recipient).
• Separate organization of the economy.
• The inability of the recipient to support himself.

How does the payment take place

Submission of an application for alimony in Belarus is considered the moment when the alimony debt starts counting. From that day on, they are either extinguished by the alimony, or in case of non-payment, a debt is formed. Debt accrual ends when you turn 18 (later in some situations). The debt is not written off from the defaulters, ways are being sought to pay off the debt (transfer of property, housing, valuables to pay off the debt).

In the organization where the parent who is obliged to pay alimony works, they withhold a certain amount in favor of the recipient. This can be done both voluntarily, in the presence of a written application from the alimony, and compulsorily. In this case, the company receives a writ of execution from the relevant enforcement authorities and, on the basis of the order, withholds and transfers the money to the recipient, regardless of the will and wishes of the alimony.

Thus, the employer is obliged to:

1. Withhold the amount in the prescribed amount from salaries and other incomes every month
2. No later than three days from the date of the salary or other income, transfer the money to the recipient, or give it in cash through the cashier, or send it by postal order.

Who is eligible for payments

The following persons have the right to receive alimony in Belarus:

• Children under 18 from biological parents.
• Children who have reached the age of 18, recognized as disabled.
• Women during the period of bearing a child from their former spouses in the event of a divorce, subject to pregnancy before the divorce.
• Any former spouse (mother or father) raising a child under three years of age, or a disabled child under 18, or an adult incapacitated child.
• Parents from children of working age in the event of their recognition as incapable of work and in need of maintenance.
• Any of the former spouses who have lost their legal capacity due to illness and need material support from another.

Most often, the courts consider cases on the appointment of child support in Belarus.

How are they set depending on income

The amount of alimony in Belarus is set as a percentage of the alimony's income (to salary, other official income):

• For one child - 1⁄4 income or 25%.
• For two children - the amount is slightly higher - 33%.
• For three or more children - half of the income - 50%.

If there are more than three children, then the alimony does not increase in proportion to the number of children. It is worth noting that in some situations, payments may be reduced.

In what cases the amount of payments may decrease

A parent paying alimony has the right to apply to the court for a reduction in alimony. The grounds for satisfying such a claim may be:

• The presence of other children who, after the payment of penalties, have a lower average per capita income (in such a situation, cash payments are redistributed evenly).
• Disability of a parent (loss of health) with assignment of 1 or 2 groups.
• Other situations when the parent is not able to pay penalties (limited legal capacity, mild mental disorders).

However, the rights of children in such situations are protected by law and payments are provided, below which the monetary contributions should not be.

Minimum

The minimum alimony in Belarus is tied to the size of the subsistence minimum budget (SMB). This parameter is revised on a quarterly basis and includes the amount of money that can be used to purchase the most essential food and household goods (hygiene, medicines). Today it is 213.67 Belarusian rubles (about $ 100). Depending on the number of children, child support cannot be lower than the amounts indicated below:

• For one child - 50% BPM or $ 50.
• For two children - 75% BPM ($ 75).
• For three or more - 100% is paid, the full amount of the BPM.

What income is not charged alimony

Alimony in Belarus is charged from the official salary. This method is the most common in practice, and if the parent has an official salary, where all income is channeled through the bank, the child will receive monthly payments consistently.

However, not all officially confirmed income can be used to pay alimony. So, alimony is not charged from:

• Compensation for unused vacations.
• Severance pay upon dismissal.
• Travel and lifting.
• Pension allowances.
• Burial payments.
• State payments for children.
• Benefits by the liquidator of the Chernobyl NPP.

Voluntary order

Civilized and responsible people usually know how to negotiate and do not abandon the maintenance of offspring. In this case, they can conclude an agreement where they stipulate the procedure and amount of payments, terms. To complete the agreement, you will need the parents' passports and the child's birth certificate. Proof of ownership may be required in case of transfer of real estate for the payment of alimony. The document is signed by a notary. At the same time, the amount cannot be less than the statutory amount (below the percentage of the BPM), even if both parents agree. A cash or non-cash method of transferring money is also prescribed here. The agreement can be terminated or changed. One-sided change of the document is not allowed.

Payment options can be as follows:

• Fixed monthly amount.
• Fixed one-time amount (once a year, quarter, half a year).
• A certain percentage of the salary.
• Transfer of property for alimony.

Recovery by court

The law regulating the procedure for paying alimony in Belarus provides an opportunity to seek payments through the courts, even if they are paid on a voluntary basis. In the absence of such payments, this is the only way to force the parent to support the child. There is no state duty for filing such a claim.

Payments can be claimed for no more than the previous 3 years, provided that the parent was attempted to support the child during this period. If the place of work and income are unknown, then data from the last place of work is taken for the calculation. For an unemployed person, alimony in Belarus is calculated based on the average salary in the country. If the debt is not paid, the debt will accumulate. The debt is calculated based on the parent's average earnings during the period of non-payment of alimony.

In addition to the accumulated debt, the alimony is charged a penalty fee for each day of delay in the amount of 0.3%. If the funds for the maintenance of the child have not been paid for more than three months, a criminal case may be initiated against the debtor. In practice, withdrawing funds from those who do not want to support children is not an easy task. They can be sent to institutions restricting freedom for the purpose of employment, but payments for such work are minimal. If there is valuable property or real estate, it can be seized in favor of the child in the future to cover the debt.

Withholding penalties does not relieve the parent of the obligation to participate in the upbringing and incidental expenses of the child. Deprivation of parental rights does not release you from the obligation to support your children. Often, such persons are forced to get a job in order to deduct at least minimal payments in favor of children. They have a number of restrictions (reject real estate, leave the country), since a special stamp “obliged person” is put on the passport.

Also, there are frequent cases of concealment of part of the income in order to reduce the amount of alimony in Belarus. In this case, an appeal to the tax authorities will be effective.

Sometimes difficulties arise in organizations, and employees can go on vacation for a while at their own expense. It can also happen for personal reasons. During such periods, no payroll is made and alimony payments are suspended. During this time, the employee has an alimony debt. This debt can be identified during the control of the bailiff. The payroll accountant may (but is not required to) notify the executive authorities. At the same time, if the employee had no intention of evading alimony, the debt will be written off gradually in the future when he returns to work and receives payment for it. Penalty, which was formed during the period of forced downtime, is reimbursed from the funds of the social protection fund and is subsequently recovered from the organization.

What alimony is paid in Belarus after 18 years

After the age of 18, alimony usually ceases to be charged. However, this rule has exceptions:

1. In case of incapacity for work of an adult (assignment of disability groups 1 or 2). At the same time, it does not matter when exactly this situation occurred: at 18 or at 23, the parent will still be obliged to pay maintenance.
2. When the child's financial situation is below average. In these cases, alimony can be awarded even if there is a scholarship, allowance and pension. In this case, the child himself has the right to file alimony for both parents. In practice, such cases are rare, since in most cases it is difficult to find alimony for young children, not to mention an older age.

Only this alignment is rare. You have to forcibly collect alimony.

What features are provided in this situation?

Alimony from an unemployed person in Belarus

If the alimony payer is unemployed for more than 3 months or it was not possible to collect information about his earnings, then the calculation of the alimony payable will be based on the average wage in the Republic of Belarus. 220052, Minsk, st. Gursky, 46, pom.

310 (Mikhalovo metro station) tel .: +37529 690 78 20 Velcom. Persons who have committed non-payment of alimony through their own fault are brought to justice.

What is the amount of alimony from an unemployed person in Belarus in 2019

1. at least half of the income for three or more children.
2. at least a quarter of income - per child;
3. at least a third of the income for two children;

In the Republic of Belarus, legislation has established a minimum amount of alimony payments, according to which the calculation of these funds depends on the size of the subsistence minimum established in the country. In this case, the minimum amount of child support in 2019 for a child should not be less:

1. 100% PM for three or more children.
2. 75% of the minimum allowance for two children;
3. 50% of the minimum allowance for one child;

Legal educational program

If the children remain with each of the parents, alimony from one of the parents in favor of the other, less well-off, in the absence of an agreement on children, an agreement on the payment of alimony, and also if the amount of alimony is not determined by the marriage contract, is established in a fixed amount of money collected monthly and determined by the court, taking into account the material and family situation of the parents. In general, in any case, you will have to determine the amount of alimony. In Belarus, as in a number of other countries, there are only a few systems that help to solve the problem.

We consider child support in a new way

We consider child support in a new way

Nina Anischenko, expert of the magazine "Chief Accountant"

* Resolution of the Council of Ministers of the Republic of Belarus of 05/12/2019 No. 345 "On amendments and additions to some resolutions of the Council of Ministers of the Republic of Belarus on enforcement proceedings."

1. The basis for calculating alimony is the amount of income actually accrued to the employee, reduced by the amount of taxes, and from May 16, 2019 -

- and compulsory insurance contributions to the budget of the state non-budgetary fund for social protection of the population of the Republic of Belarus (paragraph 2, clause 2 of Resolution No. 1092).

In the table, we will consider the calculation of the amount of alimony withheld from the employee's salary per child for April 2019, i.e. prior to the entry into force of the amendments, and for May - subject to the amendments.

the procedure for withholding alimony from the income of individual entrepreneurs, notaries who carry out notarial activities in a notary office, lawyers who carry out advocacy individually depends on the taxation system they apply.

More details on this issue can be found in the publication in "GB", 2019, No. 21.

We invite all visitors of the site to get a demo access for three days to all materials of the electronic journal “Chief Accountant.

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An employee who is an alimony has been charged a car rental fee

With regard to the withholding of income tax and contributions to the Federal Social Security Fund from these incomes, we note the following. Salaries and payments under a car rental agreement are subject to income tax. Since contributions to the Social Security Fund are not calculated from the amount of payment under the lease agreement, when calculating the amount, the income accrued to the employee is reduced by: - ​​income tax calculated on the entire amount of income; - contributions to the Social Security Fund, calculated from the salary.

1. Certificate of marriage or its dissolution (if the marriage between the parents was not concluded, the child still has the right to financial assistance from the father).
2. A statement of claim from a guardian.
3. A copy of the birth certificate of a common child.
4. Passport of the person filing the claim.

So, what amount of alimony from an unemployed person is withheld depending on the number of children?

However, it is possible to calculate based on the share of earnings only for those payers who have such earnings.

Often there are situations when there is discord in the family. If the spouses cannot find a compromise, a divorce is required. After that, court hearings are organized regarding the residence of the children, the accrual of maintenance for them, the division of property. Alimony in Belarus has its own rules for calculating, which is associated with the principles of legislation. At the same time, the rights of children should not be violated.

Accrual rules

The country's legislation establishes the principles for calculating alimony in Belarus. If the child is under 18 years old, then he is entitled to maintenance. Former spouses can agree on this issue on their own, and then you do not need to go to court. When this cannot be achieved, an application is required, after which the required content is approved.

The amount of alimony is determined on the basis of income from monthly wages. But there are times when payments are assigned in a fixed amount, which is equal to the average income in the region.

When calculating alimony for a child in Belarus, a parent who has been recognized as a payer pays money in the amount of 25% for 1 child, 33% for 2, 50% for 3 or more.

For some time, there was only interest payments of alimony, which is why unscrupulous payers concealed their income. Now Belarus has a law that establishes the minimum amount of payments. It turns out that it will not work to avoid child support.

The minimum is determined from the amount of the subsistence indicator. Now this amount is about $ 85. According to statistics, $ 43 may be charged after the appeal. If there were delays, then a penalty of 0.3% per day is imposed. The payment of alimony in Belarus is terminated in the following cases:

• When the child turns 18;
• If there was an adoption (adoption) of a child;
• The child has become able-bodied;
• At the death of a person to whom financial assistance was paid.

The payment of alimony after 18 years is possible when the recipient's incapacity for work is proved. But if this condition is temporary, after the restoration of compensation will stop. In other cases, after the age of majority, the parent can financially help the child voluntarily.

How is alimony calculated for the unemployed?

The collection of alimony also occurs from non-working parents, because the maintenance of the children remains their responsibility. In this situation, its own rules for calculating collateral apply. If, before writing the application, the payer has not worked for 3 months, then the salary from the last job is taken into account when calculating.

Belarus regularly issues laws under which children and their rights will be protected. When the amount of alimony is below the minimum, then he must pay about 70% of the salary from the last place of work. There are often situations when the court does not know this data. Then the monthly amount will be determined based on the average salary in the country. If the funds are not enough, then the property is sold.

You can change the amount of alimony in the following cases:

• The payer has another child;
• 1 or 2 parent's disability group;
• Legal capacity of a minor.

Often, payers have other children who are also entitled to some of the income. At the same time, the rights of minors should not be infringed upon. A change in the amount of payments can occur in cases where the parent is disabled of the 1st or 2nd group, since with such a state of health there are additional expenses.

If the parent's income is high, it is also possible to file a claim for which the amount will decrease, increase, or remain the same. If the child is recognized by the court as legally competent, then a reduction in the amount of payments may be required.

Required documents

You will need a statement to go to court. This method will make it possible to collect alimony arrears as well. Payments are set in solid form or as a percentage. The application must contain:

• name and address of the court;
• information about the plaintiff and the defendant;
• a description of the facts for which it is required to change the amount of payments;
• proof;
• the cost of the claim;
• justification of costs;
• required amount;
• application inventory.

What documents are required for the application? It must be accompanied by a copy of the passport, birth certificates, marriage and dissolution certificates. You also need a certificate of family composition, parental income, confirmation of expenses for children. If there has been a failure to pay for maintenance, then evidence must be presented. Documents must be prepared in 3 copies.

Fixed amount

Interest payments are not always approved. A fixed amount is often set. You can also pay a living wage. The last option is chosen in the absence of a permanent income, if the salary is paid in kind, or it is impossible to determine the amount of payments for some reason.

If a fixed amount is set, then indexation is required for it. It is carried out by the company or individual where the payer is employed. In order to protect the rights of the child, indexation is carried out on the basis of the minimum wage.

If the children live with each of the parents, then the court determines the payment of alimony to the one who is considered to be less well-off. A fixed size is necessary for the approval of the financial situation of the parents, since the children must have the same living conditions.

When the payment is not fulfilled for more than 3 months, a criminal case is opened. Only this happens when there were no reasons:

• illness of the second child;
• disease of the payer;
• inability to pay alimony on time.

All circumstances must be documented. In addition to criminal liability, a fine is provided.

Living wage for children

Each country has its own living wage. It is approved for each social group: for children, adults, pensioners. This level can be changed regularly. The subsistence minimum allows you to determine the amount of payments for the child if the parent is unemployed.

• for children under 3 years old - 112.3 rubles;
• 3-6 years - 155.82 rubles;
• 6 - 18 years old - 191.5 rubles.

Although such amounts are established for the collection of alimony, this does not mean that those who do not work are also paid for them. For this category of citizens, their own rules have been determined. For 1 child, 50% of the minimum is put, for 2 - 75%, and for 3 - 100%.

Alimony after 18 years

Alimony obligations do not always end with the child's majority. Some countries practice this option, as the continuation of payments after 18 years. Only this applies to some cases, for example, studying at a university.

Voluntary payments

Payment of alimony can be appointed voluntarily if the parents draw up an amicable agreement. All conditions must be spelled out in the document, after which it is certified by a notary. The agreement includes the amount of payments, terms of transfers. Transfer of property, such as property, can be established.

Sometimes a combination of methods is used. In case of violation of the terms of the agreement, the issue can be resolved in court, since the notarized document has legal force. Timely payment of alimony ensures a decent life for the child. If this is not the case, then this violates his rights, and the court will help to protect in this situation.