Alimony for the maintenance of parents

September 16, 2024

Currently, the relevance of issues related to the recovery of alimony is increasing, as they are directly related to providing those in need with basic, vital needs such as food, clothing, housing, and medical care.

In accordance with Article 32 of the Constitution of the Republic of Belarus, children are obliged to care for their parents, as well as for persons replacing them, and to provide them with assistance.

Thus, according to Article 100 of the Code of the Republic of Belarus on Marriage and Family, the maintenance of disabled parents in need of assistance is the duty of adult able-bodied children. If able-bodied children who have reached the age of majority refuse to provide the necessary financial assistance to their disabled parents in need, the latter may apply to the court for the recovery of alimony for their maintenance.

It should be noted that disabled parents are parents recognized as disabled by medico-social expert commissions, as well as parents who have reached retirement age.

Persons recognized as in need of assistance are incapacitated individuals who lack sufficient means of subsistence and are unable to meet their vital needs for food, clothing, housing, and medical care through their pensions, benefits, property, and other income. The existence or absence of need is determined by the court in each specific case, taking into account all circumstances.

The amount of alimony collected from each child for the maintenance of their incapacitated parents in need of assistance is determined by the court as a fixed sum or a sum corresponding to a certain number of base units, payable monthly, based on the financial and family situation of the parents and each child.

In conclusion, it should be emphasized that seeking alimony is a forced measure on the part of parents in need of assistance.

The Prosecutor's Office of Glubokoe District has prepared a statement of claim in the interests of pensioner B. against her only daughter K. for the recovery of alimony for the maintenance of her mother in the amount of three base units. By the decision of the Glubokoe District Court dated May 24, 2022, the prosecutor's claims were fully satisfied, and the decision entered into legal force.

 

Assistant Prosecutor

Glubokoe District                                                                   A.N. Kurilenok

 

Agreed

Prosecutor of Glubokoe District

Justice Counselor                                                                      I.S. Volynets