Can I reapply for child support?

2023-07-01 14:35:06

A few years ago, by agreement with her ex-husband, she officially refused alimony. The husband promised to pay money for the maintenance of children voluntarily. Recently, funds have been received with delays and in insufficient quantities. Can I reapply for child support now?

Elena Dmitrievna, Brest

Responsible O.V. Aksyutiklawyer, head of legal advice “Liniya Prava”:

– The duty of the father and mother to support minor children is equal and unconditional. It begins from the moment the child is born and stops when the child reaches the age of majority or acquires civil capacity in full before reaching the age of majority. Alimony obligations do not depend on the possession of the necessary funds and property by the parents and must be performed by each parent in relation to each child, regardless of the extent to which the other parent performs his duties.

The obligation of parents to support their minor children is established by Part 1 of Art. 91 of the Code of the Republic of Belarus on marriage and family. In accordance with Part 2 of Art. 91 of the Code of the Republic of Belarus on Marriage and Family, in the event that parents do not provide their minor children with funds for their maintenance, alimony is collected from the parents in court.

If a spouse refuses to voluntarily pay alimony, they can be forcibly collected. To do this, you must apply to the court at your place of residence or at the place of residence of your spouse with an application to initiate writ proceedings and collect alimony for minor children in accordance with paragraph 2 of part 1 of Art. 394 Code of Civil Procedure of the Republic of Belarus or a statement of claim for the recovery of alimony, if there is a dispute. There is no need to pay state duty.

If, when considering an application for the recovery of alimony, the court accepted a waiver of the claim and the proceedings were terminated, this does not deprive you of the right to apply to the court with an application for the recovery of alimony in the future, due to the fact that the relationship between parents and children is of a continuing nature.

If you have a ruling on a court order for the recovery of alimony or a court decision, you have the right to present it for execution to the territorial department of compulsory execution at the place of residence of the spouse or at his place of work.