Does the child’s father hide his income to avoid paying child support? The judge told how to solve the problem legally

“Upon divorce, my husband and I agreed that he would contribute 25 per cent of his income to the maintenance of the child. He works as a trucker, and transfers only 350 rubles. Does the driver-forwarder have a salary of 1400 rubles? I think I'm being tricked...' the young mum writes on Threads. The problem of non-payment of alimony or understatement of official income in order to give a child less than he should, unfortunately, is common. Women, not knowing how to deal with a negligent parent by legal methods, are looking for support in social networks. There are enough legal mechanisms in Belarus to ensure the welfare of the minor. How to achieve justice in the recovery of alimony, said the judge of the Supreme Court Vera Krugova.

— Vera Borisovna, how is the amount of alimony determined and in what cases are they recovered as a percentage of earnings or other income, and when – in a fixed amount?

- In most cases, alimony for minor children is recovered as a percentage of earnings and (or) other income of parents. For one child, alimony is 25 percent, for two children - 33, 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, 100 percent for three or more children. The recovery of alimony in a fixed amount of money or in an amount corresponding to a certain number of basic values is made if the parent is engaged, for example, in business, farming, that is, has an irregular income or receives a part of it in kind if he permanently resides outside the country, as well as in other cases when the recovery of alimony in percentage of earnings or income is impossible or difficult. It is important that the amount of alimony recovered in a solid amount of money cannot be lower than the minimum amount of alimony established by law.

Vera Krugova. — If the former spouse works abroad, for example, as a truck driver, is the court entitled to take into account regular foreign business trips as proof of his income when calculating the amount of alimony in a fixed amount?

- No, compensation payments in connection with a business trip do not apply to income, therefore, alimony from them is not paid. In judicial practice, there was a case when a woman applied to the court with a request to change the amount of alimony. The father paid 25 percent of all types of earnings, which was 250 rubles a month. According to the plaintiff, this amount did not correspond to the actual income of the former spouse who worked outside Belarus. The court found that the defendant had the right to drive heavy vehicles, more than 50 times in a few years went abroad for a long time. The evidence, including screenshots of the correspondence between the parties, indicated that the defendant worked as a truck driver in Europe. Since the defendant did not provide other information about his earnings, the court, when calculating the amount of alimony, proceeded from the average salary of truckers in the country of his stay. Taking into account these circumstances, as well as the defendant’s marital status, the court ordered him to pay monthly maintenance in the amount of 15 base units.

- What evidence of the defendant's real income can be presented to the court?

- You can use any legal means of proof: testimony of witnesses, written, electronic and physical evidence, conclusions of state bodies, other authorized organizations, sound and video recordings, other evidence obtained using other media. There was a case when the father of the child, hiding his official income from his ex-wife, sent her a photo with the image of banknotes, saying that it was his earnings. The screenshot of this picture was presented to the court, and due to the defendant's failure to provide other documents about his income, the screenshot was taken into account by the court when recovering alimony in a solid monetary amount. Information on the income of the payer of alimony can be obtained both from the source of payment, and, for example, from the materials of the tax audit of compliance of expenses with income. However, it is difficult to obtain information about bank accounts, income and expenses of the person obliged to pay alimony due to the legislation to the recoverer. Since the obligation to provide evidence under the law lies with the parties, the court, if the plaintiff so requests, is entitled 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 to recover additional expenses from the payer of alimony in court for the needs of the child?

- In the presence of exceptional circumstances related to a minor child (for example, his illness or injury), the court may oblige the parent paying alimony to take part in additional expenses that have already been incurred or will be required in the future. The need for such expenses can be confirmed, for example, by medical documents. So, the court ordered the father of the child to reimburse the mother half of the costs incurred by her son for classes with a private speech therapist. The father believed that such assistance to his son, suffering from severe speech impairment, could be provided free of charge. However, the schedule of free classes coincided with the work schedule of the mother, so she turned to the 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 in making a decision?

- By entering into marriage, spouses acquire not only rights but also duties, including the obligation to support each other financially. Termination of marriage or its invalidation does not deprive former spouses of the right to demand maintenance. The court satisfies the claim of the plaintiff if it is proved that he needs material assistance, and the other spouse has the necessary means for this. In such cases, the court shall verify the existence of income, property and persons to whom the parties are obliged to provide maintenance, as well as persons who are legally obliged to maintain the plaintiff. So, in one of the cases, the court refused the plaintiff, a disabled person of group II, in a lawsuit against his ex-wife to recover alimony. Comparing the plaintiff’s income (pension, income from renting the premises, selling food, financial assistance to his son) with expenses, the court considered that he did not prove the need for material assistance. At the same time, the former spouse, receiving a low income, carried utility bills, paid a loan, bought medicines, financially helped her mother and was not able to help the plaintiff. In the case of a short marriage, improper behavior of the plaintiff in marriage, the court has the right to release the other spouse from the obligation to maintain it or limit this obligation to a certain period. Unworthy behavior of the spouse can be expressed, for example, in the conduct of an immoral lifestyle. However, there was a case in which a woman was found disabled after childbirth and a guardian was appointed. At the request of her husband, their marriage was dissolved. The guardian of the woman appealed to the court with a claim to the former spouse for the recovery of funds for its maintenance. Despite the short duration of the marriage, these requirements were satisfied, since the former spouse's incapacity for work in this case was the result of family relations.

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

- Parents need to understand that the responsibility for the future of their children lies with both of them equally, regardless of whether they saved the marriage or not. Alimony is a necessary share of participation in the life of your child, which should provide him with the usual level of comfort, development and safety. When deciding on the recovery of alimony, the court prioritizes the interests of the child, his well-being and the restoration of social justice. The true well-being of children begins where adults find the wisdom to put the interests of the child above their own. beleckaya@sb.by