RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of March 26, 2026 No. 7

About court practice of consideration of the civil cases connected with establishment of origin of children about money recovery on contents (alimony)

Having discussed results of generalization of court practice on the cases connected with establishment of origin of children on money recovery on contents (alimony), for the purpose of the correct and uniform application of the legislation the Plenum of the Supreme Court of the Republic of Belarus DECIDES:

1. Draw the attention of courts that preserving the traditional family values assuming responsible approach of the woman and man to marriage and creation of family is intended to provide observance of the rights of the child the nobility of both parents and to receive from them material security, the rights of parents to receipt of content from children, and also the rights of spouses to mutual support.

The correct and timely hearing of cases, the children connected with establishment of origin, about money recovery on content is important in realization of the constitutional guarantees of protection of family, motherhood, paternity and the childhood.

2. By hearing of cases, the children connected with establishment of origin, about collection of the alimony courts should be guided by the Constitution of the Republic of Belarus, the Convention on the international procedure for collection of children maintenance and other forms of maintenance of family of November 23, 2007 (further - the Convention on the alimony), the Code of the Republic of Belarus about scrap and family (further - KOBS), the Law of the Republic of Belarus of January 7, 2012 No. 341-Z "About auxiliary reproductive technologies", resolutions of Council of Ministers of the Republic of Belarus of August 12, 2002 No. 1092 "About types of earnings and (or) other income of the parents who are subject to accounting in case of determination of the size of the alimony" of November 6, 2025 No. 610 "About procedure the bodies registering acts of civil status, the powers" and also other acts of the legislation.

It must be kept in mind that establishment of origin of children in the Republic of Belarus irrespective of nationality of parents and children, their residence is made according to the legislation of the Republic of Belarus.

If the international treaty of the Republic of Belarus (for example, article 31 of the Convention on legal assistance and legal relations on civil, family and criminal cases of January 22, 1993) establishes other rules, than those which contain in the legislation on scrap and family then are applied rules of the international treaty.

3. Draw the attention of courts that the basis of emergence of the mutual rights and obligations between parents and children is the origin of children certified in accordance with the established procedure (part one of article 50 KOBS).

At the same time it is necessary to consider what between the child born as a result of use of auxiliary reproductive technologies, and person who is the donor of gametes which were used in case of use of these technologies and also between substitute mother and the child of any mutual rights and obligations born by her does not arise.

Confirmation of origin of the child from parents is the birth statement made by the body registering acts of civil status.

Information about the father and mother of the child is introduced in the birth statement according to the statement of parents or one of them or on specifying of other person who submitted the application for registration of the birth with observance of the procedure established by Articles 52, of 54 and 55 KOBS.

The origin of children can be established judicially in case of the dispute resolution about establishment of motherhood and (or) paternity, and also by hearing of cases about factual determination of the birth, the fact of recognition of paternity, the fact of motherhood and (or) paternity.

The exception of the birth statement of the child of information about the father and (or) mother is allowed only based on the judgment.

4. It must be kept in mind that the maternity suit and (or) paternity, and also the recovery suit of the alimony can be shown at the place of residence of the defendant or in the residence of the claimant (part 1 of Article 47 and part 10 of article 48 of the Code of civil legal proceedings of the Republic of Belarus (further - KGF).

Rules of cognizance at the choice of the claimant are applied not only in case of collection of the alimony from parents for minors and disabled full age children needing the help, but also in case of collection of the alimony from children for content of the disabled parents needing the help, and also in the cases provided by the law in case of money recovery from the spouse on content of other spouse.

The claim for contest of record about parents is subject to presentation at the place of residence of the defendant.

The statement for factual determination of the birth, the fact of recognition of paternity, the fact of motherhood and (or) paternity is filed a lawsuit at the place of residence of the applicant (part of 1 Article of 409 KGFS).

In case of determination of cognizance of the cases connected with establishment of origin of children on collection of the alimony with participation of foreign citizens, stateless persons and (or) parties, one of which lives abroad, courts should be guided by provisions of articles 508 and 544 KGFS if other is not established by international treaties of the Republic of Belarus (for example, article 35 of the Convention on legal assistance and legal relations on civil, family and criminal cases of October 7, 2002) or the written agreement of the parties.

5. Explain to courts that owing to provisions of article 8 KOBS limitation period does not extend to requirements about establishment of motherhood and (or) paternity. Therefore motherhood and (or) paternity can be established by court after the child's birth at any time.

The year provided by part two of article 58 KOBS for contest of record about parents is the term of limitation period. In case of use of term of limitation period the court should be guided by Articles 199, 203-208 Civil codes of the Republic of Belarus (further - group of companies).

6. Draw the attention of courts that the child's origin from mother can be established judicially in the absence of the medical certificate about the birth. In this case the child's origin from mother is established based on the judgment about factual determination of the birth or the judgment about establishment of motherhood (part two of article 51 KOBS).

It is necessary to consider that according to part one of article 56 KOBS motherhood can be established judicially and in case the child's parents in case of registration of the birth were unknown and data on mother in the birth statement are entered on specifying of person who submitted the application for registration of the birth.

7. It must be kept in mind that paternity proof judicially is allowed if parents of the child are not married among themselves and in the bodies registering acts of civil status the applications provided by parts five and the sixth article 51 KOBS are not submitted.

The court has the right to establish paternity and in that case when data on the father of the child are entered in the birth statement according to article 55 KOBS on instruction of mother or for specifying of other person who submitted the application for registration of the birth.

Owing to part two of article 57 KOBS paternity can be established only judicially if mother of the child is recognized as incapacitated, is deprived of the parent rights or the child is taken away from her by a court decision.

In case of the death of mother who was not married to the putative father or in the presence of age difference between the child and the putative father less than fifteen years paternity is also established judicially.

When specifying in the birth statement by the father of the child of the particular person establishment judicially of paternity of other person is possible only in case of simultaneous contest of the available record about paternity. Person specified in the birth statement by the child's father shall be attracted to participate by court in case in quality of the defendant as in case of satisfaction of the declared requirements of the information about this person as the father of the child are excluded from the birth statement.

8. Pay attention that establishment of motherhood and (or) paternity judicially is made according to the statement of one of parents or the guardian, the custodian of the child, and also the child of age of majority on reaching it.

The minor parent who reached fourteen years having the right personally without the consent of legal representatives to take a legal action with the maternity suit or paternity concerning the children. In such cases the court shall resolve issue of attraction to participation in case of parents, adoptive parents or custodians of the minor claimant for rendering the help to it (part 5 of Article of 56 KGFS).

Owing to part three of article 52 KOBS mother of the child who was born as a result of use of auxiliary reproductive technologies, the paternity suit having no right to make to the man who was the donor of gametes which were used in case of use of auxiliary reproductive technologies.

9. In case of establishment of motherhood and (or) paternity the court needs to consider the proofs with reliability confirming the child's origin from expected mother and (or) the putative father.

Such evidence can be obtained from explanations of persons participating in case, testimonies of witnesses, written, electronic instruments and also from other evidentiary facts.

For explanation of the questions connected with the child's origin from expected mother and (or) the putative father, court the examination, including judicial (medical) genetic examination having the right to appoint taking into account opinion of the parties and the facts of the case. At the same time it is necessary to consider that the expert opinion is one of evidentiary facts, has no predefined force for court and is subject to assessment along with other proofs.

10. It is necessary to consider that in case of paternity proof the court takes recognition by the putative father of the child into account. The court also has the right to take into account joint education or content of the child by mother and putative father of the child, cohabitation and maintaining general economy by mother and putative father of the child till the child's birth.

Any data on the fact of recognition of the child by the putative father during pregnancy of mother and (or) after the child's birth can belong to the proofs confirming recognition of paternity. As evidentiary facts of this fact the testimony, personal correspondence and personal negotiations of citizens including performed by means of telephone, electronic and other means of communication, text, multimedia and voice messages can be used, for example.

Joint education of the child takes place if the putative father lives with mother and the child or regularly communicates with the child, shows parent care and attention to it. It is necessary to understand finding of the child as joint content of the child by mother and the putative father in their general dependence or rendering by the putative father the systematic help in content of the child irrespective of its size.

Cohabitation and maintaining general economy by mother and putative father till the birth of the child can be confirmed, in particular, by proofs about their accommodation in one premises or systematic stay of the putative father at the place of residence of mother of the child, the single budget, property acquisition for joint use. The termination of cohabitation and maintaining general economy till the child's birth in itself cannot form the basis for refusal in satisfaction of the paternity suit, except as specified, when they were stopped before conception of the child.

11. It must be kept in mind that the court, resolving dispute on paternity proof, except circumstances on which claims are based, has the right to check availability and other circumstances provided by part four of article 57 KOBS. The paternity suit can be satisfied in case of confirmation at least of one of such circumstances.

In case of recognition by the defendant of paternity in judicial session court of the rules having the right with observance, stipulated in Article 272 KGFS to accept recognition of the claim and to pass the decision on satisfaction of the claim without research of proofs. At the same time the court shall find out motives of recognition of the claim by the defendant, check whether it violates the right, freedoms and legitimate interests of other persons.

In case of paternity proof judicially the basis for registration of paternity proof in the bodies registering acts of civil status is the judgment (part three of article 214 KOBS). Therefore court voluntary settlements on such cases shall not affirm.

If the defendant expressed readiness to address to the body registering acts of civil status, with the statement for paternity proof registration in judicial session, the court has the right to provide to the parties necessary term for paternity proof in voluntary procedure. After submission of the document confirming paternity proof, issued by the body registering acts of civil status, proceeedings by court stop based on Item 1 of Article of 130 KGFS.

12. Explain to courts that in case of the death of person who was not married to mother of the child who was born on October 1, 1968 and later the court has the right to determine the fact of paternity of this person. Such fact can be determined by court if there are proofs confirming availability at least of one of the circumstances provided by part four of article 57 KOBS.

Concerning the children who were born till the September 30, 1968 inclusive from the face which was not married to the child's mother, the court in case of the death of the specified person has the right to determine the fact of recognition of paternity. Such fact can be determined by court in case of validity that the specified person recognized itself as the father of the child and the child was in its dependence (The law of the Republic of Belarus of June 13, 1969. "About approval of the Code about scrap and family of the Republic of Belarus"). The period during which the child was dependent on the dead has no legal value for establishment of this fact.

Judicially there can be established fact of motherhood of the died person on condition of confirmation of origin of the child from this person.

The fact of recognition of paternity, the fact of motherhood and (or) paternity are established by court by rules of special proceeding on condition of lack of the dispute on the right following from civil legal relationship subordinated to court. If such dispute arose (for example, dispute on inheritance), the court according to part 3 Articles of 406 KGFS leaves the statement without consideration and explains to the applicant and interested persons that they have the right to make the claim in accordance with general practice.

13. Draw the attention of courts that according to part one of article 58 KOBS record about parents can be disputed judicially by person specified in the birth statement as the father or the child's mother or person requiring recognition by his parent of the child if in the birth statement in this quality other person, and also the guardian, the custodian of the child or the child who reached age of majority is specified.

The list of persons having the right to contest of record about parents is exhaustive and is not subject to extensive interpretation.

Availability of the court decree about collection of the alimony from the face which is written down by the child's father does not interfere with consideration by court of dispute on contest of record about paternity of this person.

Contest of record about the father or the child's mother perhaps in case of deprivation of face which is written down by the father or mother of the child, the parent rights as deprivation of the parent rights is not the basis for exception of information about the father or mother from the birth statement of the child. The possibility of contest of record about parents and the ambassador of death of person who is written down by the father or the child's mother is not excluded.

14. The court has the right to pass the decision on satisfaction of the claim for contest of record about parents if during legal proceedings the evidence testimonial of lack of natural cognation between the child and person who is written down by the father or the child's mother and (or) about the circumstances excluding the fact of paternity or motherhood is produced.

At the same time it is necessary to consider that owing to part three of article 58 KOBS the requirement about contest of paternity of the face which is written down in birth statements as the father according to the joint statement of the parents who were not married is not subject to satisfaction if at the time of record this person knew that it actually is not the child's father. The information about such person as about the father of the child can be excluded by the judgment from the birth statement only in case of validity that they are introduced in record owing to discrepancy of its declaration of will to the valid will (for example if the application for registration of paternity proof was submitted under the influence of threats or violence).

Has no right to dispute motherhood and (or) paternity of the child who was born as a result of use of auxiliary reproductive technologies, the spouse who agreed in accordance with the established procedure to use of such auxiliary reproductive technologies concerning the spouse, substitute mother, the woman who signed the agreement of surrogacy with substitute mother and also their spouses who agreed in accordance with the established procedure to the conclusion of this agreement, except as specified, when pregnancy was caused not by use of auxiliary reproductive technologies.

Persons who were donors of gametes also have no right to dispute motherhood and (or) paternity of the child who was born as a result of use of auxiliary reproductive technologies with use of their gametes.

As the exception of the birth statement of information about the father or mother of the child affects the child's rights, including the right to content from parents, the judgment about satisfaction of requirements about contest of record about parents cannot be based only on recognition by the defendant of the claim made to it. In view of that the basis for exception of information about the father or the child's mother from the birth statement is the judgment, approval of the voluntary settlement by court on cases on contest of paternity or motherhood is not allowed.

15. It must be kept in mind that the substantive provisions of the judgment about establishment of motherhood and (or) paternity or about factual determination of recognition of paternity, the fact of motherhood and (or) paternity shall conform to requirements of the legislation on civil legal proceedings (Article 290 and part 2 Articles of 411 KGFS) and to contain the data necessary for registration of establishment of motherhood and (or) paternity in the bodies registering acts of civil status including data on surname and the child's middle name.

Cases when the child's origin from the father who is not married to the child's mother was established based on parts five and the sixth article 51 KOBS, in substantive provisions of the judgment about satisfaction of requirements about contest of paternity shall contain specifying not only about exception of information about the child's father of the birth statement, but also about cancellation of record of the act of paternity proof.

Courts should observe the three-day term established by part four of Article 56 and part six of article 57 KOBS for the direction of the statement from the judgment about establishment of motherhood and (or) paternity in the body registering acts of civil status for the storage location of the birth statement of the child.

16. Draw the attention of courts that owing to parts one and the second article 91 KOBS parents shall contain the minors and disabled full age children needing the help. If parents do not provide content by the minor and to the disabled full age children needing the help, funds for their content (alimony) are collected from parents judicially.

According to article 100 KOBS content of the disabled, needing the help parents is obligation of their full age able-bodied children. In case of failure to carry out of the specified obligation of funds for content of parents can be collected by a court decision.

It is necessary to consider that persons recognized in accordance with the established procedure as disabled people and also persons which reached generally established retirement age treat the disabled full age persons having the right to content.

17. Explain to courts that questions of content of children can be settled by parents in the Marriage agreement (article 13 KOBS), the Agreement on content of the minors and (or) the disabled full age children needing the help (further - the Agreement on payment of the alimony) (Chapter 11-1 of KOBS), the Agreement on children (article 76-1 KOBS).

It must be kept in mind that the requirement about collection of the alimony is subject to permission judicially in the absence of the Agreement on payment of the alimony and also if the size, the method and payment procedure of the alimony are not determined in the Marriage agreement, the Agreement on children or if along with the requirement about collection of the alimony the requirement about termination or invalidity of these agreements, agreements is declared.

Draw the attention of courts that the size of the alimony for minor children determined by the parties in the Marriage agreement, the Agreement on children or the Agreement on payment of the alimony cannot be lower than the size of the alimony established by part one of article 92 KOBS. At the same time parents in case of the conclusion such agreements, agreements have the right to determine the size of the alimony exceeding established by the law.

18. Courts need to consider that person having the right to the alimony can at any time from the moment of emergence of such right take a legal action with the statement for collection of the alimony irrespective of their payment in voluntary procedure.

By the general rule, the alimony is awarded for future time in the form of monthly payments from the moment of the address of the claimant of the alimony with the petition and before the circumstances attracting the termination of maintenance obligations.

The court has the right to meet the requirement about collection of the alimony for last time, but no more than in three prior years if during legal proceedings it is determined that the claimant of the alimony before appeal to the court took measures to their obtaining, but owing to evasion of person obliged to pay the alimony, they were not received from their payment and also if payment of the alimony paid according to part one of article 105 KOBS in voluntary procedure was stopped due to the lack of the new statement of person paying the alimony for their deduction in case of job change or change of the residence by it.

About the measures taken for the purpose of receipt of the alimony can witness, in particular, the address of the claimant of the alimony to person obliged to pay them (by means of the direction of post correspondence, use of messengers, etc.), with the requirement about payment of the alimony or with the offer to sign the Agreement on payment of the alimony.

If requirement about collection of the alimony is imposed along with the paternity suit, in case of satisfaction of the declared requirements the alimony is awarded from the date of presentation of such claim. At the same time provisions of article 97 KOBS about temporary collection of the alimony up to the permission in this case are not applied by court of dispute.

19. Explain to courts that requirements about collection of the alimony for minor children are subject to permission according to the procedure of mandative production or in claim production.

Determination about the writ can be taken out in case of collection of the alimony for minor children if the requirement about collection of the alimony is not connected with establishment of motherhood and (or) paternity or need of involvement of the third parties to participation in case.

It must be kept in mind that requirements about collection of the alimony for minor children in firm sum of money or in the amount corresponding to certain number of basic sizes and also about collection of the alimony for last time are subject to consideration in claim production as permission of such requirements is connected with the dispute on the right caused by need of check of the circumstances allowing possibility of such penalties.

In case of cancellation of determination about the writ about collection of the alimony according to the statement of the debtor and (or) in connection with satisfaction of the reasoned statement of the other person, the right and (or) legitimate interests of which are infringed by this determination, requirements about collection of the alimony can be imposed according to the procedure of claim production.

If the residence of the parent obliged to pay the alimony is outside the Republic of Belarus, requirements about collection of the alimony for minor children are subject to consideration in claim production (Item 2 parts of 1 Article of 344 KGFS).

Requests for removal or for enhancement of the decision on collection of children maintenance in the international procedure based on the Convention on the alimony are considered by rules of claim production taking into account provisions of this Convention (articles 546 and 547 KGFS).

20. By hearing of cases about collection of the alimony for minor children courts need to consider that all children have the equal rights to receipt of material security irrespective of origin, joint or separate accommodation with parents, and also other circumstances concerning the child and his parents.

Alimony for minor children is collected, as a rule, as a percentage of earnings and (or) other income of parents in the amount of, established by part one of article 92 KOBS. The size of the alimony which is subject to collection can be reduced by court only in the cases which are directly provided by part two of article 92 KOBS.

If children remain in case of each of parents, the alimony from one of parents for benefit of another, less secure, are collected by court in firm sum of money which is determined in relation to the sizes established by part one of article 92 KOBS taking into account financial and marital status of parents. For the purpose of check of material security of parents the court should find out the size of their earnings and (or) other income, and also availability from them other disabled family members to whom under the law they shall provide content.

In case of permission of requirements about collection of the alimony from the parent paying the alimony according to the court decree for other minor children, the size of the alimony which is subject to collection shall be determined by court taking into account the size of the alimony falling on all children of the parent obliged to pay the alimony established by the law. In this case the court shall recruit in the case of receivers of the alimony for other children as the third parties who are not declaring independent requirements regarding dispute.

21. Courts should consider that if the parent obliged to pay the alimony has irregular earnings and (or) the income or receives its part in nature, and also in other cases when collection of the alimony as a percentage of earnings and (or) the income is impossible or it is difficult, the alimony can be collected in firm sum of money or in the amount which is corresponding to certain number of basic sizes, subject to payment monthly (article 94 KOBS). Collection of the alimony in such procedure is allowed, in particular, if the parent obliged to pay the alimony is engaged in business activity, is member of peasant farm, constantly lives outside the Republic of Belarus.

In the absence of reasons for satisfaction of requirements about collection of the alimony in the amount of, stipulated in Article 94 KOBS, court taking into account the best interests of the child has the right to collect the alimony as a percentage of earnings and (or) other income of the parent obliged to pay the alimony.

22. Draw the attention of courts that when considering the case about collection of the alimony for the minor child in claim production of the party can sign the voluntary settlement or the mediativny agreement, according to which the parent obliged to pay the alimony, having the right to fulfill fully or partially alimentary duties including on future time, by transfer of the property (share in the property right to it) belonging to it to property of the child (part eight of article 91 KOBS).

In this case the court shall check whether there correspond conditions of the specified agreements to the legislation and whether they violate the right, freedoms and legitimate interests of the minor child and other persons.

23. It must be kept in mind that in the presence of exceptional circumstances (for example, disease or mutilation of the minor child) the court has the right to oblige the parent paying the alimony for this child according to article 96 KOBS, to take part in additional expenses which are already suffered or will be necessary further.

Resolving requirements about collection of additional expenses, the court should find out whether the expenses shown to collection are necessary and whether they are called by the circumstances having exclusive character. Need of additional expenses can be confirmed, in particular, by appointment of the doctor, the individual program of rehabilitation, the handicapped child's abilitation. Exclusiveness of circumstances shall be estimated by court taking into account specific life situation and opportunities of the receiver of the alimony to provide satisfaction of urgent needs of the child at the expense of the means provided to each of parents on its content.

The amount of participation in additional expenses can be established by court in firm sum of money or in the amount corresponding to certain number of basic sizes. In case of the solution of the matter the court should consider financial and marital status of both parents.

By the marriage agreement, the Agreement on children also other bases of participation of parents in additional expenses on children can be provided. Therefore the court in such cases in case of the dispute resolution about collection of additional expenses should be guided by conditions of these of the agreement, agreement, and also provisions of article 96 KOBS.

24. Draw the attention of courts that disabled full age children in case of absence at them sufficient means of livelihood have the right to demand provision of content from parents.

In case of permission of such requirements the court should check whether the full age child treats disabled persons, whether the size of its income allows to satisfy the necessary requirements including connected with the disease which is available for it appointed to it treatment. Receipt by the disabled full age child of pension, grant or benefit, and also availability at it of the property which is not bringing in the income does not exclude possibility of collection of the alimony from parents if the means which are available for the child are not enough for satisfaction of necessary requirements.

The size of the alimony which is subject to collection in this case is determined by court according to requirements of article 99 KOBS.

25. It must be kept in mind that the disabled, needing the help parents have the right to demand provision of content from the full age able-bodied children.

At the same time owing to part one of article 101 KOBS children can be exempted from obligation on content of parents and cost recoveries on care of them if by court it is determined that parents evaded from accomplishment of parental responsibilities. As proofs of evasion of parents from accomplishment of parental responsibilities can serve, in particular, the facts testimonial of the fact that parents in the absence of reasonable excuses did not participate in education of children did not show care of them, did not provide funds for their content.

The parents deprived of the parent rights lose all rights based on the relationship fact with the child including the right to content from it.

26. Resolving requirements about collection of the alimony from children for content of parents, courts should find out whether the parents who addressed for content provision are disabled, to establish the size of their income, and also necessary expenses which are incurred by parents. Expenses on treatment, prosthetics, acquisition of medicines, foreign leaving, payment of utilities, in particular, can be carried to such expenses.

Courts also should check availability at the parents who declared the requirement about collection of the alimony, other full age able-bodied children obliged them to contain to which such requirement is not imposed.

The size of the alimony for content of the disabled, needing the help parent is determined by court in firm sum of money or in the amount which is corresponding to certain number of basic sizes, subject to payment monthly taking into account all his full age able-bodied children, proceeding from financial and marital status of the parent and each of children.

27. Courts should consider that spouses in connection with availability of the marriage relations based on mutual respect and mutual assistance shall support financially each other. The rights and obligations on mutual content arise at spouses from the date of registration of marriage by the bodies registering acts of civil status.

The group of people, having the right to demand judicially provision of content from other spouse (other former spouse), is established by Article part two 29, Article 30 and part three of article 49 KOBS.

Requirements of the spouse (the former spouse) about money recovery of content can be met by court if it is determined that it needs financial support, and other spouse (other former spouse) has means, necessary for rendering such help. For the purpose of clarification of the specified circumstances it is necessary to check, in particular, availability at each of spouses (the former spouses) of the income, property and persons to whom they shall provide content, and also persons who under the law shall contain the claimant.

According to part one of article 31 KOBS of funds for content of the spouse (the former spouse) are collected in the amount of, multiple to the basic size established at the time of payment taking into account financial and marital status of both spouses (the former spouses).

By the marriage agreement also other cases in case of which the spouse's obligation (the former spouse) comes to give financial support to other spouse (other former spouse) can be provided.

28. It must be kept in mind that in case of short duration of term of stay of spouses in scrap or unworthy behavior of the spouse requiring content provision, the court has the right to exempt other spouse from obligation on its content or to limit this obligation to certain term. The unworthy behavior of the spouse can be expressed, in particular, in manifestation of domestic violence, abuse of alcoholic drinks, drugs, psychotropic substances, their analogs.

The requirement about money recovery of content of the disabled spouse can be met by court and in case of short duration of term of stay of spouses in scrap if disability of the spouse arose in connection with the family relations of the parties (for example, establishment of disability owing to complications during pregnancy and childbirth).

29. Draw the attention of courts that in case of approach of the circumstances provided by part two of article 92 KOBS court of the parent having the right in the claim paying the alimony for minor children according to the court decree to reduce the size of the levied alimony, and in exceptional cases to exempt the parent who is the disabled person of I or II groups from their payment.

The size of the alimony collected according to Articles 29, of 30, of 94, of 99 and 100 KOBS can be changed by court in the claim of the interested person in case of change of financial and (or) marital status of the receiver of the alimony or person obliged to pay them.

The requirement of person paying the alimony about reduction of the size of the alimony can be satisfied with court if it will be determined that its financial and (or) marital status changed so that does not allow it to pay the alimony in former size.

30. According to article 111 KOBS the court having the right to exempt in the claim of person paying the alimony it fully or partially from payment of the formed debt on the alimony.

Resolving such claim, the court should check for what reason the debt was formed and whether it interfered with timely payment of the alimony. It is also necessary to find out the size of all income gained by the claimant, and also availability from it other persons to whom it under the law shall provide content.

The court has the right to satisfy the claim for complete or partial exemption of debt on the alimony if it is determined that failure to pay the alimony took place on reasonable excuse (disease, force majeure and others) both financial and marital status of the claimant does not allow it to repay this debt.

31. Draw the attention of courts that stipulated in Article 111-1 KOBS responsibility of person obliged to pay the alimony for untimely payment of the alimony comes in case of formation of debt on fault of the payer of the alimony. Such responsibility cannot be conferred on the payer if the debt on the alimony was formed because of other persons (for example, in connection with untimely salary payment).

In case of formation of debt on fault of person obliged to pay the alimony under the Agreement on children, the Agreement on payment of the alimony or the Marriage agreement, the payer of the alimony bears responsibility according to the procedure, provided by these agreements, the agreement (part one of article 111-1 KOBS).

The responsibility for delay of payment of the alimony provided by part two of article 111-1 KOBS in the form of penalty is applied only to person which allowed debt on the alimony paid according to the court decree. As the procedure established for collection of the alimony is applied to penalty, the penalty can be collected no more than in three years preceding appeal to the court.

Courts should consider that the penalty is subject to payment in case of formation of debt on the alimony collected according to the court decree as on content of minors or the disabled full age children needing the help, and on content in the cases of parents, the spouse provided by the law.

In cases when the penalty which is subject to collection is obviously disproportionate to effects of violation of the obligation on payment of the alimony, the court for the purpose of ensuring balance of interests of the parties of alimentary legal relationship has the right to reduce levied penalty based on Item 1 of Article 314 of group of companies.

32. It must be kept in mind that payment of the alimony collected according to the court decree stops in case of approach of the circumstances provided by part two of article 115 KOBS.

In particular, payment of the alimony stops in case of the death of person receiving the alimony or person obliged to pay them as the rights and obligations according to maintenance obligations are not part of inheritance (the subitem 3 of Item 2 of Article 1033 of group of companies). At the same time the debt on the alimony formed at the time of the death of person obliged to pay the alimony can be included in structure of inheritance.

The maintenance obligations established by the Agreement on children, the Agreement on payment of the alimony, the Marriage agreement stop in connection with death of one of the parties, expiration of these agreements, agreements or on the bases provided in them (part one of article 115 KOBS).

33. Explain to courts that according to part 2 Articles of 290 KGFS the substantive provisions of the decision on collection of the alimony shall contain the information about that from whom the alimony in whose advantage and on whose content their collection, specifying about the size and payment procedure of the alimony, and also about the term of their collection is made are collected.

As the judgment about award of the alimony is subject to immediate execution, the corresponding specifying shall contain in substantive provisions of the decision, including in case of simultaneous satisfaction with court of requirements about establishment of motherhood and (or) paternity and collection of the alimony.

The substantive provisions of the judgment about change of the size of the alimony collected according to the court decree shall contain all data necessary for advance payment of maintenance in the new size, including the information about the payer of the alimony and the claimant, the changed size of the alimony and the period of their collection, and also specifying about issue of new writ of execution instead of prior.

In substantive provisions of the judgment about remission or reduction of the formed debt on the alimony the outstanding amount from which payment the debtor, and also the period of formation of this debt is exempted shall be specified.

34. Judicial board on civil cases of the Supreme Court of the Republic of Belarus, regional (To the Minsk city) to courts to generalize and analyze practice of consideration by courts of the civil cases connected with establishment of origin of children about money recovery on contents (alimony) for the purpose of ensuring the correct and uniform application of the legislation on scrap and family.

Chairman of the Supreme Court of the Republic of Belarus

A.I.Shved

Secretary Plenuma, judge of the Supreme Court of the Republic of Belarus

A. I. Ivankov

 

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