When divorcing her husband, they agreed that he would give 25 percent of his income for the child's maintenance. He works as a long-distance truck driver, but only pays 350 rubles. Can it be that an expeditor driver's salary is 1,400 rubles? It seems like I'm being deceived, writes a young mother in Threads. The problem of non-payment of alimony or underreporting official income to pay less to the child is, unfortunately, common. Women, not knowing how to fight against an irresponsible parent using legal methods, seek support on social media. However, in Belarus, there are sufficient legal mechanisms to ensure the well-being of minors. Judge of the Supreme Court Vера Krugova explained how to achieve justice in collecting alimony.

Judge Krugova, how is the amount of alimony determined, and in what cases is it collected as a percentage of earnings or other income, and when is it collected as a fixed amount?

In most cases, alimony for minors is collected as a percentage of the parents' earnings and (or) other income. For one child, alimony is 25 percent, for two children - 33 percent, and for three or more - 50 percent of earnings and (or) other income per month. At the same time, for able-bodied parents, the minimum amount of alimony per month should be at least 50 percent of the subsistence minimum budget for one child, 75 percent for two, and 100 percent for three or more children. Collection of alimony in a fixed amount or in an amount corresponding to a certain number of base units is carried out in cases where the parent is engaged, for example, in entrepreneurial activity, farming, that is, has an irregular income or receives part of it in kind, if they constantly live abroad, as well as in other cases where collection of alimony as a percentage of earnings or income is impossible or difficult. It is essential that the amount of alimony collected in a fixed amount cannot be lower than the minimum amount of alimony established by law.

If the former spouse works abroad, for example, as a long-distance truck driver, is the court entitled to consider regular foreign business trips as confirmation of their income when calculating the amount of alimony in a fixed amount?

No, compensatory payments related to a business trip are not considered income, and therefore alimony is not paid on them. There was a case in judicial practice where a woman went to court with a request to change the amount of alimony. The father paid 25 percent of all types of income, which was 250 rubles per month. In the plaintiff's opinion, this amount did not correspond to the former spouse's actual income, who worked outside of Belarus. The court established that the defendant had the right to manage large trucks and had traveled abroad for an extended period more than 50 times over several years. The evidence, including screenshots of correspondence between the parties, indicated that the defendant worked in Europe as a long-haul truck driver. Since the defendant did not provide any other information about his income, the court, when calculating the amount of alimony, proceeded from the average salary of long-haul truckers in the country where he was staying. Taking into account these circumstances, as well as the defendant's family situation, the court ordered him to pay alimony every month in the amount of 15 basic units.

What evidence of the defendant's real income can be presented in court? Any lawful means of proof can be applied: witness testimony, written, electronic, and physical evidence, conclusions of government agencies, other authorized organizations, audio and video recordings, and other evidence obtained using other information carriers. There was a case where the father of the child, who was hiding his official income from his ex-wife, sent her a photo with an image of banknotes, saying that it was his income. The woman presented a screenshot of this photo to the court, and since the defendant did not provide any other documents about his income, the screenshot was taken into account by the court when recovering alimony in a fixed amount. Information about the alimony payer's income can be obtained from the source of payment, as well as, for example, from materials of a tax audit of income and expenses. However, due to legislation, it is difficult for the recipient to obtain information about the bank accounts, income, and expenses of the person obliged to pay alimony. Since the obligation to provide evidence lies with the parties by law, the court, upon the plaintiff's relevant request, has the right to assist him in obtaining such evidence. This possibility must be explained by the court to the parties.

In what cases does the law allow the court to recover additional expenses for the child's needs from the alimony payer?

In the presence of exceptional circumstances related to a minor child, such as their illness or disability, the court has the right to obligate the parent paying alimony to participate in additional expenses that have already been incurred or will be required in the future. The necessity of such expenses can be confirmed, for example, by medical documents. Thus, the court ordered the father of the child to reimburse the mother for half of the expenses she incurred for her son's sessions with a private speech therapist. The father believed that such assistance to his son, who suffers from a severe speech disorder, could have been provided free of charge. However, the schedule of free sessions coincided with the mother's work schedule, so she turned to a medical center.

How does the court determine the amount of funds for the maintenance of former spouses and what circumstances are taken into account by the court when making a decision?

When entering into marriage, spouses acquire not only rights but also obligations, including the obligation to provide material support to each other. The termination of marriage or its recognition as invalid does not deprive former spouses of the right to demand maintenance. The court satisfies the plaintiff's claim if it is proven that they need material assistance, and the other spouse has the necessary means for this. In such cases, the court checks for the presence of income, property, and persons whom the parties are obliged to provide maintenance to, as well as persons who are legally obliged to maintain the plaintiff.

For example, in one case, the court refused the plaintiff, a second-group disabled person, in their claim against their former spouse for the recovery of alimony. By comparing the plaintiff's income (pension, income from renting out premises, trading products, material assistance from their son) with expenses, the court considered that they had not proven their need for material assistance. At the same time, the former spouse, who had a low income, bore expenses for utility bills, paid off a loan, bought medicines, provided material assistance to her mother, and did not have the opportunity to help the plaintiff.

In the event of a short marriage or unworthy behavior of the plaintiff in the marriage, the court has the right to exempt the other spouse from the obligation to support them or limit this obligation to a certain period. Unworthy behavior of a spouse can be expressed, for example, in leading an immoral lifestyle. At the same time, there was a case where a woman was declared disabled and a guardian was appointed after giving birth. At the request of her spouse, the marriage between them was dissolved. The woman's guardian went to court with a claim against the former spouse to recover funds for her maintenance. Despite the short duration of the spouses' marriage, these requirements were met, since the former spouse's disability in this case occurred as a result of family relationships.

Vera Borisovna, what would you like to draw the attention of our readers to?

Parents need to understand that responsibility for the future of their children lies with both of them equally, regardless of whether they have preserved their marriage or not. Alimony is a necessary share of participation in the life of their own child, which should provide them with a familiar level of comfort, development, and security.

When making a decision on the recovery of alimony, the court puts the interests of the child, their well-being, and the restoration of social justice at the forefront. The true well-being of children begins where adults find the wisdom to put the interests of the child above their personal interests.