Legally Speaking Ohio
Posted on by MBettman
In June of 2013, Ohio’s Board of Commissioners on Grievances and Discipline issued Opinion 2013-3, which dramatically limited the use of the title “judge” for former judges. I wrote about that here.
The exact question presented to the Board at the time was whether it was appropriate for former judges to use judicial titles after leaving the bench.
The thinking, apparently, was that since a former judge isn’t a judge anymore, the title isn’t “needed for identification purposes. Invariably, the use of a judicial title outside of judicial service is for personal gain or advantage or to create a benefit or recognition for another.”
The opinion did say it was ok if lawyers, friends, acquaintances, or strangers call a former judge by title due to “habit, customs of etiquette, or a prior relationship,” but noted the practice should not be encouraged.
This opinion caused a considerable amount of bewilderment when it was released—it seemed like a solution in search of a problem.
Effective today, June 1, 2014, the Supreme Court of Ohio adopted two amendments to Rule 8.2 (Judicial Officials) of the Ohio Rules of Professional Conduct, which it controls, and which in effect modify the above opinion. In fact, the Court expressly added a comment to the new rule provisions which expressly states that these rule amendments trump any conflict with Opinion 2013-3.
So, here are the new rule provisions on the use of judicial titles:
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The former Judge Bettman
Posted in Commentary, Ohio Supreme Court Watch permalink
Marianna Brown Bettman is Distinguished Teaching Professor and Professor of Practice Emerita at the University of Cincinnati College of Law, where she taught torts, legal ethics, and a seminar on the Supreme Court of Ohio. She is also a former Ohio state court of appeals judge. Professor Bettman has been a frequent presenter on Supreme Court of Ohio cases at Continuing Legal and Judicial Education seminars and conferences including the Ohio Judicial Conference. She also provides appellate consulting services to attorneys.
Search for:What you call a judge depends on how senior they are. The following is a rough guide.
Call them ‘Sir’ or ‘Madam’ in court, or ‘Your Worship’.
Address them in correspondence as ‘Mr/Mrs <Full Name> JP’ and begin the letter ‘Dear <Full Name> JP’
Call them ‘Sir’ or ‘Madam’ in court, or ‘Judge’.
Address them in correspondence as ‘District Judge <Surname>’ and begin the letter ‘Dear Judge’
Call them ‘Sir’ or ‘Madam’ in court.
Address them in correspondence as ‘Employment Judge <Surname>’ and begin the letter ‘Dear Judge’
Call them ‘Sir’ or ‘Madam’ in court.
Address them in correspondence as ‘First-tier Tribunal Judge/Upper Tribunal Judge <Surname>’ and begin the letter ‘Dear Judge’
Call them ‘Your Honour’ in court
Address them in correspondence as ‘His/Her Honour Judge <Surname>’ (adding QC if appropriate) and begin the letter ‘Dear Judge’
Call them ‘My Lord’ or ‘My Lady’ in court
Address them in correspondence as ‘The Honourable Mr/Ms/Mrs Justice <Surname>’ and begin the letter ‘Dear Judge’
Call them ‘My Lord’ or ‘My Lady’ in court
Address them in correspondence as ‘The Right Honourable Lord/Lady Justice <Surname>’ and begin the letter ‘Dear Lord/Lady Justice’ or ‘Dear Judge’
Call them ‘My Lord’ or ‘My Lady’ in court
Address them in correspondence according to their full title, as listed below, and begin the letter ‘Dear ___’ using the words in bold.
Call them ‘My Lord’ or ‘My Lady’ in court
Address them in correspondence as ‘Lord / Lady <Name (of Place) >’ and begin the letter ‘Dear Lord / Lady <Name>’
Call them ‘My Lord’ or ‘My Lady’ in court
Address them in correspondence as ‘Justice of the Supreme Court <Full name>’ or ‘<Full name> JSC’ and begin the letter ‘Dear Lord / Lady <Name>’ or ‘Dear Justice <Name>’
In the case of the President of the Supreme Court (PSC) or Deputy President of the Supreme Court (DPSC) simply substitute those titles for Justice of the Supreme Court in addressing them in correspondence, and begin the letter ‘Dear President’ or ‘Dear Deputy President’.
For official guidance, the Courts and Tribunals Judiciary website has a table entitled What do I call a judge?
See also: Debrett’s Forms of Address: Law.
A retired circuit judge may be addressed in correspondence as His / Her Honour <Full Name>’ (adding QC if appropriate) and begin the letter ‘Dear Judge’.
A retired High Court judge may be addressed in correspondence as The Honourable Sir / Dame <Full Name> and begin the letter ‘Dear Sir / Dame <First name>’
A retired Lord or Lady Justice of Appeal may be addressed in correspondence as ‘The Right Honorable Sir / Dame <Full Name> and begin the letter ‘Dear Sir / Dame <First name>’
A retired Lord / Lady of Appeal in Ordinary or Supreme Court Justice continues to be addressed as Lord / Lady after retirement.
For guidance on what to call judges in Scotland, the Judiciary of Scotland website has a page entitled Addressing a Judge.
In accordance with Part 1 of Article 10 of the Law of the Russian Federation of 06/26/1992 No. 3132-1 (as amended by the Federal Law of 07/02/2013 No. 166-FZ) "On the Status of Judges in the Russian Federation" any interference in the activities judges in the administration of justice are prosecuted.
Any interference in the activities of a judge in the administration of justice is punishable by law. An out-of-procedural appeal to a judge in a case under his proceedings, or to the chairman of the court, his deputy, the chairman of the judicial composition or the chairman of the judicial collegium in cases under the court's proceedings is not allowed.
An extra-procedural appeal is understood to be a written or oral appeal received by a judge in a case that is in his proceedings, or to the chairman of the court, his deputy, the chairman of the judicial staff or the chairman of the judicial collegium in cases that are in court proceedings, an appeal in writing or orally from those who are not participants in the state proceeding body, local self-government body, other body, organization, official or citizen in cases not provided for by the legislation of the Russian Federation, or an appeal in a form not provided for by the procedural legislation of the participants in the trial.
Information about non-procedural appeals received by the judge in cases being in his proceedings, or to the chairman of the court, his deputy, the chairman of the judicial staff or the chairman of the judicial collegium in cases being in the proceedings of the court, shall be made public and brought to the attention of the participants in the trial by posting this information on the official website of the court in the information and telecommunications network "Internet".
Extra-procedural appeals to the Fifth Arbitration Court of Appeal:
04/16/2019 Written non-procedural appeal from residents of the village. Key, Nadezhdensky District, Primorsky Territory represented by Irina Sergeevna Stepanova in case No. А51-7105/2018 on the claim of the Deputy Prosecutor of Primorsky Territory in the interests of public education - Nadezhdensky Municipal District represented by the administration of Nadezhdensky Municipal District against the Department of Land and Property Relations of Primorsky Territory, society with limited liability "Gran", joint-stock company "Primorskoye road repair enterprise".
03/06/2018 Written non-procedural appeal from the Chairman of the Regional Branch of the Political Party "Party of the Revival of Russia" in Primorsky Krai S.G. Kralevich in case No. A51-10495/2017 on the claim of Mirra-M Limited Liability Company against Matvey Limited Liability Company.
01/16/2018 Written non-procedural appeal from LLC "Transport Shipping Company" in case No. А51-7062/2017 on the claim of the limited liability company "Russian Fishery Company" against the limited liability company "Transport Shipping Company", a limited liability company " Trans Oil Service.
06.12.2017 Written non-procedural appeal of JSC "Our House-Primorye" dated 06.12.2017 in case No. А51-14761/2016 on the claim of Limited Liability Company "Integrated Energy Solutions" against Joint-Stock Company "Our House-Primorye".
12/20/2016 Written non-procedural appeal from citizen Lukyanenko M.A. in case No. A51-23244 / 2015 on the claim of the Inspectorate of Regional Construction Supervision and Control in the Field of Shared Construction of the Primorsky Territory against the Primorsky Regional Youth House.
08/15/2016 Written non-procedural appeal of the Commissioner under the Governor of the Kamchatka Territory for the Protection of the Rights of Entrepreneurs V.M. Povzner in case No. A24-1890 / 2015 on the claim of Vzlyot Limited Liability Company against the Fund for the Overhaul of Apartment Buildings in the Kamchatka Territory.
07/15/2016 Written non-procedural appeal of the Commissioner under the Governor of the Kamchatka Territory for the Protection of the Rights of Entrepreneurs V.M. Povzner in the case "A24-2120 / 2015 on the claim of the limited liability company "Rise" against the Capital Repair Fund for apartment buildings in the Kamchatka Territory.
03/30/2016 Zlobin Konstantin Petrovich's written non-procedural appeal dated 03/29/2016 in case No. А51-31981/2014 on the application of the Russian-Asian Construction Company Closed Joint-Stock Company to the Pacific Bridge Construction Company Closed Joint-Stock Company.
03.03.2016 Written non-procedural appeal of the director of Port Poronaysk LLC M.
Yu. Belova.
08/11/2015 Written non-procedural appeal of the regional director of the Far Eastern branch of PJSC Rosbank S.Yu. Belavin in case No. А51-4673/2015 on the claim of Dalvodokanal Limited Liability Company against ROSBANK Public Joint Stock Company.
06/24/2015 Written non-procedural request of the representative of Soyuz Petroleum Oil Company LLC by proxy A.V. Podoksik in case No. A51-5775/2015, No. A51-5776/2015, No. A51-5773/2015, No. A51-5777 /2015, No. А51-5771/2015 on the claim of NK Soyuz Petroleum LLC against the Primteploenergo Regional State Unitary Enterprise.
12/16/2014 Written non-procedural appeal from Compass Oil LLC in case No. A51-27904 / 2013, No. A51-2915 / 2014, No. A51-11914 / 2014, No. A51-16339 / 2014 at the suit of a limited liability company " TOEK Primorye" to the limited liability company "Compass Oil".
02.10.2014 Written non-procedural appeal from Kamenev A.V., Kameneva D.A., Pak Zh.I. Kosheverova D.A., Koshevrova D.
L., Kosheverova M.V. in case No. A59-2884 / 2014 on the claim (application) of Marina Vladimirovna Kosheverova against Cracking-Trade LLC, Mainline Group Limited; in case No. A59-1608 / 2014 on the claim of Primo Holding, Ltd. (Primo holding, Ltd) against Dina Alexandrovna Kosheva, Darya Dmitrievna Kosheverova, Alexey Viktorovich Kosheverov, Dmitry Viktorovich Kosheverov; in case No. A59-4271 / 2014 on the claim of Korsakov Sea Commercial Port LLC against Dmitry Viktorovich Kosheverov, Darya Dmitrievna Koshevera, Aleksey Viktorovich Kosheverov, and Dina Alexandrovna Koshevera.
07/29/2014 Written non-procedural appeal from NP "National Association of Procurement Institutions" in case No. А29-4292/2013 upon the application of Olga Georgievna Meteleva to the Office of the Federal Antimonopoly Service for the Republic of Komi; in case No. A26-6210/2013 upon the application of OAO Karelgaz to the Office of the Federal Antimonopoly Service for the Republic of Karelia.
04/30/2014 Written non-procedural appeal from Rusakov P.
N., Siyanov A.A., Baryshnikova N.N. in case No. A59-3465 / 2013 on the claim of Portovaya LLC against Andrey Aleksandrovich Siyanov, IP.
03/21/2014 Written non-procedural appeal from LLC "Modern Medical Technologies" in case No. A51-16686 / 2013 on the application of LLC "Roskor" to the Vladivostok customs.
01/10/2014 Written non-procedural appeal of the General Director of Krez LLC D.A. Flaum in case No. А24-3298/2012 (appeal proceedings No. 05AP-14294/2013) on the application of the open joint-stock company Kamchatka Electric Networks. I.A. Piskunov” on declaring the limited liability company “Ariadna” insolvent (bankrupt) application of the creditor – the limited liability company “KREZ”
Issues related to the recovery of alimony are of great public interest and are always in the area of close attention of the judiciary. Conflict situations related to non-fulfillment of maintenance obligations are resolved in court.
Consideration by the court of disputes on the recovery of alimony guarantees their quick and correct resolution, ensuring the protection of the rights and legitimate interests of children. The relevance of the topic raised is also due to the rather high number of disputes related to the recovery of alimony considered by the courts.
June 12 this year The program “Actual Microphone” of the First National Channel of the Belarusian Radio was devoted to this topic with the participation of Vera Borisovna Krugova, Judge of the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Belarus .
The program aroused great interest among the listeners, and we additionally publish an interview of the judge on such a socially important topic.
In the photo: Judge of the Supreme Court of the Republic of Belarus Vera Borisovna Krugova
- Vera Borisovna, tell us what is the procedure established by law when applying to the court for the recovery of alimony, can a citizen independently draw up an application without seeking legal advice?
- Alimony for minor children can be collected in order order and in order claim proceedings .
Recovery of alimony in the order of writ proceedings is carried out without holding a court session and calling the parties. By order, alimony can be recovered if this is not related to the establishment of paternity (maternity) or the need to involve third parties to participate in the case. In this case, the judge issues a ruling on a court order, which is also an executive document.
The statement of claim for the recovery of alimony is submitted in writing with a copy of the application to be sent to the defendant and must comply with the requirements of Art. Art. 109, 243 Code of Civil Procedure.
By the way, on the information stands of the courts and on our Internet portal, there are samples of the most frequently filed statements of claim, including those on the recovery of child support in the order of action proceedings and on the recovery of alimony in the order of writ proceedings.
- Is it necessary to pay a state fee when applying to the court with an application for the recovery of alimony?
- No, you don't.
In accordance with the requirements of the Tax Code, plaintiffs, applicants are exempted from paying the state fee when applying to the court with statements of claim and applications for initiating writ proceedings for the recovery of alimony. In this case, the obligation to pay the subsequent state duty rests with the defendant.
- As you know, one of the results of the judicial and legal reform was the creation of a unified system of bodies for the enforcement of court decisions and other executive documents. Where should I go to claim child support? Where does the competence of the court end and the bailiffs begin?
- Proceedings on the recovery of alimony ends with the issuance of a court decision (decision on the recovery of alimony, ruling on a court order on the recovery of alimony).
In cases of writ proceedings on the recovery of alimony, if the debtor does not object to the court within the prescribed period, the judge issues to the exactor a ruling on the court order indicating the date of its entry into force for presenting it for execution.
Business claim proceedings at the request of the recoverer, on the basis of a court decision on the recovery of alimony, a writ of execution is issued.
At the stage of issuing a court order to the recoverer, the competence of the court ends, and after presenting it for execution to the enforcement authorities, the competence of bailiffs begins.
- What if, in the opinion of the alimony collector, the bailiff is inactive or does not take all measures to collect alimony from the debtor?
- I believe that before appealing against the inaction of a bailiff, it is worth familiarizing yourself with the materials of the enforcement proceedings. It is likely that the bailiff is doing everything possible for this. But if the materials of the enforcement proceedings confirm the inaction of the bailiff, then the alimony collector has the right to appeal against the inaction of the bailiff in the manner prescribed by law. As for the procedure for appealing against the inaction of a bailiff directly to the court, it is regulated by Article 360-3 of the Code of Civil Procedure.
- Can the parties voluntarily settle this issue without going to court, in addition to the court order for the recovery of alimony?
- Of course, it is possible. Alimony may be paid on a voluntary basis by a person obliged to pay alimony, or by deduction from wages at the place of work or at the place of receipt of a pension, allowance, stipend, or other payments. An employer paying wages, an organization that pays pensions, allowances, scholarships and makes other payments, are obliged, on the basis of a written application of the person paying alimony , to monthly withhold from his salary, pension, allowance, scholarship and other payments monetary amounts of established amounts, taking into account the restrictions provided for by the legislative acts of the Republic of Belarus, and pay (transfer to an account, transfer according to mail at the expense of the person paying the alimony) no later than three days from the date of payment of wages, pensions, allowances, stipends and other payments to the person specified in the application.
- What if the alimony payer changes jobs?
- When a citizen, from whom alimony is withheld upon application, moves to another job or, for example, changes his place of residence, alimony is withheld on the basis of a newly submitted application . At the same time, alimony cannot be withheld on the basis of an application, if the total amount to be recovered on the basis of an application and executive documents exceeds 50 percent of the earnings and (or) other income due to the debtor, from which alimony is withheld, and also, if the debtor is recovered by a court order alimony for children from another mother, with the exception of the case of payment of alimony for minor children.
So, if alimony is paid for minor children, then on the basis of an application, alimony may be withheld and if the total amount of deductions on the basis of such an application and executive documents exceeds 50 percent of the earnings and (or) other income of the person obliged to pay alimony, but not more than 70 percent.
That is, if the employee pays child support for minor children, which must be indicated in the application, the amount of alimony withheld can be more than 50 percent of earnings, but not more than 70 percent.
At the same time, it should be noted that for able-bodied parents, the minimum amount of alimony per month should be at least 50 percent for one child, 75 percent for two children, 100 percent for three or more children of the living wage budget on average per capita.
- Vera Borisovna, please explain how long it takes for alimony to be collected and is it possible to collect alimony for the past time? At the same time, alimony may also be collected for the past time, but not more than for three previous years, if the court establishes that prior to applying to the court, measures were taken to obtain funds for maintenance, but due to the evasion of the person obliged pay alimony, from their payment, alimony was not received.
- What can you say about the timing of consideration of cases of this category?
- Cases on claims for the recovery of alimony must be considered by the court of first instance no later than one month from the date of acceptance of the application. When considering cases by writ , a ruling on a court order for the recovery of alimony is issued within three days from the date of receipt of the application to the court. This means that by writ, alimony can be collected more quickly than in a lawsuit, however, writ procedure is only permissible if this is not related to the establishment of paternity (maternity) or the need to involve third parties to participate in the case.
- How to collect alimony if the parent who is obliged to pay them lives and works outside of Belarus? Where can I apply for alimony?
- In this case, the plaintiff (collector) with an application for the recovery of alimony can apply to the court both at his place of residence and at the place of residence of the defendant (debtor).
The jurisdiction of the courts of the Republic of Belarus in civil cases in disputes involving foreign citizens, stateless persons, foreign legal entities, as well as in disputes in which at least one of the parties resides abroad, is determined by the legislation of the Republic of Belarus, unless otherwise established by international treaties of the Republic of Belarus or a written agreement of the parties.
For example, with regard to relations between the Republic of Belarus and the Russian Federation on the issue of alimony, the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters applies, according to which cases on maintenance obligations fall within the competence of the court of the Contracting Party, in the territory in which parents and children have a permanent joint residence, and in the absence of a permanent joint residence of parents and children, the court of the Contracting Party of which the child is a citizen or, at the request of the claimant for maintenance obligations, the court of the Contracting Party in whose territory the child permanently resides.
It should be noted that on the issue of collecting alimony, the plaintiff can apply both to the Belarusian court at the place of his residence, and to the Russian court - at the place of residence of the defendant.
It is also important that on March 3, 2015, the Republic of Belarus and the Russian Federation signed an Agreement on the procedure for the mutual execution of court decisions in cases of recovery of alimony, by virtue of which no special procedure is required for the recognition and execution of court decisions.
As for other states, in each specific case, it is necessary to proceed from the terms of the international agreement (if any).
- But what should a parent do if he does not have information about the place of residence of the other parent?
- A claim against a defendant whose place of residence is unknown or who does not have a place of residence in the Republic of Belarus may be brought at the location of his property or at his last known place of residence in the Republic of Belarus.
If the place of residence of the defendant in claims for the recovery of alimony is unknown, the judge is obliged to announce the search for the defendant through the territorial bodies of internal affairs. In this case, the court may stay the proceedings on the recovery of alimony.
- If the child's birth certificate does not contain information about the father or if the child is not recognized as the father, where should the mother go to collect alimony?
- Mutual rights and obligations of parents and children (including the obligation of parents to support minor children) are based on the origin of children, certified in the prescribed manner.
The descent of a child from a father who is not married to the mother of the child is established on the basis of a joint application of the father and mother of the child for registration of the establishment of paternity, submitted to the civil registration authorities.
If the parents of the child are not married to each other and the civil registration authorities do not submit applications for registration of the establishment of paternity, and also if information about the father of the child is entered in the birth certificate at the direction of the unmarried mother, then paternity can be established in court.
Mutual rights and obligations between the father and the child, if the father and mother of the child are not married, arise from the moment the information about him as the father is entered in the record of the birth of the child in the prescribed manner, or from the moment the court decision on establishment of paternity, with the exception of the obligation to maintain, which may be imposed from the moment of filing a claim for the establishment of paternity.
Establishment of paternity in court is carried out at the request of one of the parents or guardian, guardian of the child, as well as the child himself upon reaching the age of majority.
Thus, if in the child's birth certificate information about the father is indicated from the words of the unmarried mother, then the question of establishing paternity should first be raised, and then - the collection of alimony. The plaintiff has the right to state such requirements in one statement of claim.
In this case, alimony can be collected from the moment of filing a claim to establish paternity.
For reference: with the decision in 2018, 20,625 cases on the recovery of alimony were considered, of which 20,227 cases (98%) were satisfied (in 2017, 20,670 cases on the recovery of alimony were considered, of which 20
- Quite often there are situations when a child lives in the summer or for another long time with a parent who is obliged to pay alimony. alimony to pay for this period?0059
- Of course, a parent of a child who is obliged by a court order to pay child support must, in accordance with the requirements of the Code of Civil Procedure, execute the court decision. At the same time, the parents of the child in this case, already within the framework of enforcement proceedings, can conclude an amicable agreement, which is approved by the court, on the issue of the fulfillment of maintenance obligations by the father during the specified period.
- What to do in cases when alimony is forcibly collected from a parent, since he did not pay money for the maintenance of the child, but it turns out that at the same time he provided the child with food and clothes. Does this count towards child support?
- Let's analyze the provisions of Chapter 11 of the Code of the Republic of Belarus on Marriage and Family (CoBS). They point out that alimony is usually a cash payment. The possibility of paying alimony in non-monetary form, for example, by transferring property to the ownership of a child, can only be provided for by a notarized Agreement on the payment of alimony or a marriage contract. I want to note that a parent who is obliged to pay alimony has the right to provide his child with material maintenance and more than the amount determined by the court.
- Continuing on the subject of the Prenuptial Agreement, Alimony Agreement and Children's Agreement. What is the procedure to be followed in order to enter into a Marriage Agreement, Support Agreement and Children Agreement? How often do parents conclude them, because many of the parents do not even know about such an opportunity provided by law?
- Issues of maintenance, determination of the place of residence of children and other issues related to the upbringing of children can be settled by spouses in the Marriage Agreement, Agreement on Children.
In the Agreement on the payment of alimony, only questions about the amount, methods and procedure for paying alimony can be resolved.
A marriage contract is concluded in writing and is subject to notarization. If the Marriage Agreement contains conditions that are or may become the basis for the emergence, transfer, termination of rights, restrictions (encumbrances) of rights to real estate, then also requires mandatory state registration of the Marriage Agreement in the organization for the state registration of real estate, rights to it and transactions with him. The legislator makes the same requirements for the Agreement on the payment of alimony. Spouses may conclude an agreement on children in accordance with the procedure established by the Code of Civil Procedure for amicable agreements upon dissolution of marriage in court.
The legislator does not exclude the possibility of specifying in the Marriage Agreement, Agreement on the payment of alimony, Agreement on children the payment of alimony in a fixed amount of money, in basic values, as a percentage of earnings.
An agreement on the payment of alimony cannot be concluded if the alimony is paid in accordance with the Marriage Agreement or the Agreement on Children concluded in accordance with the procedure established by the legislation of the Republic of Belarus, as well as a court decision that has entered into force, which resolves the issues of paying alimony for minors and (or) disabled adult children in need of assistance (part 7 of article 91 KoBS).
- Can any amount of maintenance for minor children be determined by the parties in the Marriage Agreement, Alimony Agreement, Agreement on Children?
- The terms of the Marriage Agreement, the Agreement on the payment of alimony or the Agreement on children must not violate the rights and legitimate interests of other persons, and must not contradict the legislation of the Republic of Belarus. That is, the amount of alimony specified in the Marriage Agreement, the Agreement on the payment of alimony or the Children's Agreement must not be less than the amount established by Article 92 of the Code of Civil Procedure, from which the courts proceed when collecting alimony in court.
For reference: according to the Ministry of Justice of the Republic of Belarus, in 2018 notaries of the republic certified 3,923 marriage contracts and 191 agreements on the payment of alimony.
- The issue of the possibility of paying alimony by transferring real estate to the child's ownership is topical. How does it work in practice?
- Legislator allows the possibility of paying alimony by transferring real estate to the ownership of the child. Such a procedure may be fixed in the Marriage Agreement or in the Agreement on the payment of alimony. If the alimony is collected by the court as a percentage of earnings or in a fixed amount of money or in basic units, then the issue of paying alimony for the future by transferring real estate to the child’s ownership can be resolved by the child’s parents by mutual agreement within the framework of enforcement proceedings by concluding a settlement agreement which is subject to court approval.
- There are cases when, according to several court decisions, child support was awarded from the defendant from different mothers or fathers, and in total the amount of child support exceeds the amount established by law. In this situation, is it possible to reduce the amount of alimony?
- Indeed, the legislator allows the possibility of reducing the amount of alimony by the court if the parent obliged to pay alimony has other minor children who, when collecting alimony, turned out to be less financially secure than the children receiving alimony, and also if such parent is a disabled person of 1 or 2 groups. In the event of such circumstances, the parent paying child support for minor children under a court order has the right to file a claim for a reduction in the amount of child support established by the court and collected for the maintenance of children.
It is also important that in exceptional cases the court may release a parent who is a disabled person of group I or II from paying alimony, as well as reduce the minimum amount of alimony levied from an able-bodied parent who, for objective reasons, cannot pay them within the prescribed limits.
sizes.
- What kind of material assistance from the father of the child can a mother who is on leave to care for a child under the age of three, if the parents do not live together, count on?
- A parent caring for a common child up to the age of three years and in need of financial assistance has the right to receive maintenance from the other parent who has the necessary means for this, if they are married, and retains this right in case of divorce. In this case, the spouse in need of financial assistance and taking care of the child has the right to file a lawsuit against the second spouse (former spouse) for the recovery of funds for his maintenance until the child reaches the age of three. The amount of the amount awarded will depend on the need of the plaintiff, as well as take into account the financial and marital status of the other spouse who is obliged to provide material support, his obligations to other persons whom he is also obliged by law to help.
If the conditions that are the basis for receiving maintenance have disappeared, and also if the divorced spouse receiving maintenance funds enters into a new marriage, then the spouse paying such funds by a court decision has the right to apply to the court to release him from their further payment .
- Is a parent obligated to support their child after they turn 18?
- The obligation to support children after they reach the age of 18 is enshrined in legislation in relation to disabled adult children in need of assistance. Also, the Marriage Agreement or the Agreement on the payment of alimony may provide for the payment of alimony for children even after they reach the age of majority (for example, until the child receives the first higher education after graduation from school).
- Vera Borisovna, could you explain what procedure a claimant must follow in order to directly execute a court decision after a court decision on the recovery of alimony has been issued?
- The exactor must obtain from the court that issued the court order on the recovery of alimony, a writ of execution or a ruling on a court order, and apply with it to the enforcement authority with an application to initiate enforcement proceedings.
It should also be noted that if a party under the Marriage Agreement, the Agreement on the payment of alimony, the Agreement on children does not fulfill its obligations to pay alimony, the exactor has the right to apply to the court for the issuance of a writ of execution and present it to the enforcement authority for the enforcement of alimony.
- Parents often evade paying child support. What responsibility is provided by the legislation of the Republic of Belarus for parents evading the maintenance of their children?
- For parents evading for more than three months during a year from paying, by court order, funds for the maintenance of minors or adults, but disabled and in need of assistance, children are subject to criminal liability.
In particular, the sanction of Part 1 of Art. 174 of the Criminal Code provides for punishment in the form of community service or correctional labor for up to two years, or arrest, or restriction of liberty for up to three years, or imprisonment for up to one year.
In the event of the commission of the specified act by a person previously convicted of evading the maintenance of children, Part 3 of Art. 174 of the Criminal Code provides for punishment in the form of correctional labor for a term of one to two years, or arrest, or restriction of liberty for a term of one to three years, or imprisonment for a term of up to two years.
- Summarizing all of the above, it is necessary to once again emphasize the importance of the topic discussed today and the increased interest in it from the public. And how important is it for the judiciary?
- Consideration of cases related to child protection is one of the priorities of the courts. When considering marriage and family disputes, including the recovery of alimony, the courts take comprehensive measures aimed at reconciling spouses, preserving the family and, most importantly, protecting the rights and interests of children. After all, in a modern civilized society, a child is a specially protected value, universally recognized at the world level and has the right to such material support from the family and the state, which is necessary for his full physical and mental development, the realization of natural inclinations and talents, education in accordance with his abilities in order to promote the harmonious development of the individual and the education of a worthy member of society.
