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Journal articles on the topic 'Alimony payment'
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1
Dadashova, E. G. "Alimony Obligations." LENINGRAD LEGAL JOURNAL 4, no. 78 (2024): 134–47. https://doi.org/10.35231/18136230_2024_4_134.
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The article examines the issue of the appointment of alimony payments as a way to protect and provide a child with proper maintenance in case of parents' evasion from fulfilling the corresponding obligation. The issue of the practice of collecting alimony for children, as well as the procedure for assigning their payment, including through the conclusion of an agreement on the payment of alimony, is being investigated. The analysis of judicial practice on the issue of collecting alimony for children and the application of liability in case of evasion from payment of alimony is carried out.
2
Markovsky, A. V. "Legal problems of collection and payment of aliments in modern Russia." Siberian Law Herald 3 (2021): 22–26. http://dx.doi.org/10.26516/2071-8136.2021.3.22.
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The features and problems of alimony recovery in Russia are considered. Alimony is a legal institution that protects the rights of children and disabled family members. However, there are currently legal, social, economic and administrative problems with the recovery of alimony, which lead to an overall increase in the arrears of alimony payments. The analysis of the existing problems is carried out and proposals for their overcoming and resolution are formulated. For example, it is proposed to draw up a mandatory draft of alimony for the payment of alimony upon divorce, in the presence of minor children. Conclusions are also drawn about the ineffectiveness of measures related to the tightening of liability for non-payment of alimony.
3
Tarando, Elena E. "The Problem of Parental Non-Payment of Alimony in Russia: Status and Prospects of Solution." Теория и практика общественного развития, no. 11 (November 29, 2023): 52–62. http://dx.doi.org/10.24158/tipor.2023.11.5.
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The article analyzes the problem of non-payment of parental alimony in Russia, which correlates with the prob-lem of poverty. Children from families with significant financial difficulties, as adults, are trapped in the poverty experienced by their parents. Thus poverty is reproduced from generation to generation. Based on research materials, a social portrait of alimony defaulters is revealed, which are most often divorced young fathers. The article examines measures to increase alimony payments, including such measures as establishing the State Alimony Fund, introducing alimony allowance, establishing a minimum amount of alimony. Foreign experience in solving the problem of non-payment of alimony is analyzed. Conclusion swells upon the fact that the pro-posed measures can significantly optimize the standard of living of children from divorced families.
4
Usmanov, Vosid. "PROBLEMS OF REGULATORY MECHANISMS FOR PAYMENT OF LOAN PAYMENTS IN UZBEKISTAN." JOURNAL OF LAW RESEARCH 6, no. 6 (2021): 56–62. http://dx.doi.org/10.26739/2181-9130-2021-6-7.
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Alimony is a high award awarded to women by a court order. Decisions on alimony should be made fairly. When making decisions by the court, we must not forget about the principles of justice, transparency and, most importantly, humanity. I think that the courts will have to be guided by the principles of human interests, the interests of the people. Child support must be paid for the child. Only the child should be eligible for alimony. For alimony, you will need to open a bank account forthe child
5
Shadanova, L. Zh. "Alimony payment agreement: problems of theory and practice." Bulletin of the Karaganda University. “Law Series” 110, no. 2 (2023): 155–61. http://dx.doi.org/10.31489/2023l2/155-161.
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The article is devoted to the study of the legal nature of the alimony payment agreement as a civil transaction between the alimony payer and the alimony recipient. The alimony payment agreement is concluded out of court and the norms of the Civil Code of the Republic of Kazakhstan and apply to the conclusion, execution, modification, termination and invalidation of the alimony payment agreement. The article discusses the theoretical and practical problems of legal regulation of the institution of an agreement on the payment of alimony. The essential conditions of the alimony contract, the procedure for concluding, changing, and terminating the contract are analyzed. Attention is focused on the problems of defining the concept of an agreement on the payment of alimony, the legal nature of the contract, the definition of the actual parties to the agreement, the legal status of the legal representatives of the parties. The purpose of the study is to study the theory and analysis of the legal norms governing the conclusion of an agreement on the payment of alimony, notarial practice for the certification of this agreement and judicial practice for the consideration of disputes related to the contestation, modification, termination, execution of this agreement. As a result, the author gives his own definition of the concept of an agreement on the payment of alimony as a civil transaction concluded between a person obliged to pay alimony and a recipient of alimony on the amount, conditions, procedure and method of payment of alimony
6
Ladochkina, L. V., and T. I. Khmeleva. "AGREEMENT ON PAYMENT OF ALIMONY: ESSENTIAL AND OTHER CONDITIONS." Vestnik Povolzhskogo instituta upravleniya 22, no. 5 (2022): 92–99. http://dx.doi.org/10.22394/1682-2358-2022-5-92-99.
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Controversial issues of essential and other conditions of alimony payment are considered. It is proposed to specify at the legislative level the conditions of alimony payment and the order of payment.
7
Subkhonov, Sherali. "SOME ISSUES OF IMPROVING THE MECHANISM FOR THE ENFORCEMENT OF COURT DECISIONS ON THE RECOVERY OF ALIMONY." Jurisprudence 1, no. 5 (2021): 125–32. http://dx.doi.org/10.51788/tsul.jurisprudence.1.5./bnsq2507.
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Article 64 of the Constitution of the Republic of Uzbekistan guarantees that parents are obliged to support and educate their children until they reach the age of majority. This article describes the procedure for voluntary payment of alimony, recovery of alimony in court, recovery of alimony debt, exemption from payment of alimony debt and payment of alimony when a person who is obliged to pay alimony abroad leaves, changes in the amount of alimony or exemption from alimony, termination of alimony obligations, forced recovery of alimony. This article highlights the issues of proper, timely consideration and resolution of suits on the recovery of alimony, ensuring the protection of the rights and interests of children, increasing the responsibility of parents. The author analyzes the order of execution of court decisions on the recovery of alimentary, procedural features, judicial practice and problems of legislation, as well as recommendations and proposals for their elimination. The purpose of the study is to form a unified judicial practice to protect the rights and interests of children based on the analysis of judicial practice and taking into account the requirements of current legislation, resolutions of the Plenum of the Supreme Court of the Republic of Uzbekistan and other regulatory legal acts.
8
Tarando, E. E. "On the social functions of the state alimony fund." Sociology and Law 16, no. 1 (2024): 8–15. http://dx.doi.org/10.35854/2219-6242-2024-1-8-15.
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The article highlights the social functions of the alimony fund, the creation of which, in the author’s opinion, should optimize the problem of non-payment of parental alimony in a post-divorce situation. Such functions include collection, ensuring and informational. The essence of each of these functions is briefly analyzed. The problem of departmental affiliation of the alimony fund in connection with the certainty of its social functions is analyzed. The necessity of formation of values of involved parenthood (involved fatherhood) among young people, especially young fathers, as a prevention of evasion from alimony payment in a possible post-divorce situation is postulated.
9
Cerepanov, M. M. "Alimony from abroad: reality or fiction?" Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 101–5. http://dx.doi.org/10.24144/2307-3322.2021.67.20.
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The work is devoted to the payment of child support, determining the mechanism of child support, if one of the parents is abroad;According to Article 8 of the Law "On Child Protection" in Ukraine, every child has the right to a standard of living sufficient to satisfy his or her physical, intellectual, moral, cultural and spiritual, and social development. 51 part 2 of the Constitution of Ukraine and Article 180 of the Family Code of Ukraine (hereinafter - the IC of Ukraine), Parents are obliged to raise children to adulthood. The child must be in a family whose parents voluntarily fulfill their responsibilities for its upbringing.However, the right to custody of children and parental responsibilities are sacred and inviolable. Ensuring a proper standard of living, nutrition and education for children is not always correctly implemented in our country. The obligation of parents to maintain their children arises from a court decision or agreement between parents . Few unscrupulous parents try to avoid the court's liability for alimony payments, resorting to these techniques,For example: avoiding formal employment or getting a minimum wage. Expenses, transfer of property that can be levied, concealment of the Contractor, travel abroad, etc. Non-universal Demographic agreement between parents on the payment of alimony, in recent years, in order to strengthen the protection of children's rights to proper custody, the IC of Ukraine has undergone fundamental changes in the supervision of alimony obligations.Therefore, it is necessary to conduct a scientific analysis of the new legislation. It provides for the obligation of parents to maintain their children. These issues are mainly related to the minimum guaranteed amount of alimony and the recommended minimum amount of alimony, the circumstances listed. The court takes these factors into account when determining the amount of alimony and the amount of income. Alimony payer, which is collected in favor of the child, alimony is indexed.New version of the Law on Enforcement Proceedings of Ukraine Some changes have been made to the procedure for execution of decisions, and the range of measures that affect the executor's alimony payers has been expanded. Enforcement provides alimony through the use of procedural means and methods of coercion to persons who refuse voluntarily perform their alimony duties
10
LETOVA, NATALIA. "ALIMONY OBLIGATIONS: ESSENCE, MATERIAL AND PROCEDURAL FEATURES." Sociopolitical Sciences 11, no. 2 (2021): 133–40. http://dx.doi.org/10.33693/2223-0092-2021-11-3-133-140.
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His article discusses the issues of the legal nature of the agreement on the payment of alimony, defines the procedural aspects of the consideration of cases on the recovery of alimony in the courts. Based on the analysis of legal norms, scientific doctrine and materials of judicial practice, the author came to the conclusion that the essence of the agreement on the payment of alimony is heterogeneous, the content and structure of the alimony obligation is complex, court decisions on the recovery of alimony differ in specifics. When writing the article, the following methods were used: synthesis, analysis, the method of comparative law, etc. The practical significance of the work lies in the fact that the agreement on the payment of alimony refers to a special kind of enforcement document, the presence of which allows the parties to settle their relations outside of the judicial process. At the same time, in cases when the parties go to court, the consideration of such cases is peculiar, which is due to the ambiguous legal essence of such agreements, in particular, claims for the recovery of alimony, as a rule, arise within the framework of divorce proceedings, deprivation of parental rights or in the case of establishing paternity. Such requirements are interrelated, the legal basis for combining claims is the content of procedural norms, their consideration in one judicial process eliminates the possibility of making contradictory court decisions. As a result of the research, the author determined the relationship and interdependence of the norms of family, civil and procedural type, which allows in practice to identify the specifics and additional opportunities, new ways of proper execution of court decisions on alimony.
11
Yakovleva, T. K. "CRIMINOLOGICAL CHARACTERISTICS OF ALIMONY PAYMENT EVASION." State and Regions. Series: Law, no. 4 (2023): 276–81. http://dx.doi.org/10.32782/1813-338x-2023.4.43.
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12
Mykhalniuk, O. V. "Penalty for non-payment of alimony under the agreement of parents on child support." Analytical and Comparative Jurisprudence, no. 2 (June 23, 2023): 115–19. http://dx.doi.org/10.24144/2788-6018.2023.02.19.
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The article examines new approaches to the application of liability in case of non-payment of child support under the agreement of parents on the maintenance of their joint minor children. The legal nature and peculiarities of the child support agreement in the family law of Ukraine are investigated. Considerable attention is paid to the issues of determining the conditions of liability for non-payment of alimony, the form and amount of maintenance, performance and termination of the agreement, and recovery of penalties in case of arrears.
 Based on the analysis of the provisions of the current family law of Ukraine, the author concludes that in accordance with the amendments to Part 1 of Article 196 of the Family Code of Ukraine, a penalty may be recovered if maintenance is provided on the basis of an alimony agreement and it does not expressly provide for liability for late performance of the obligations imposed on the parties, i.e. provision of maintenance. Thus, in accordance with part 1 of Article 196 of the Family Code of Ukraine, a penalty for non-payment of alimony may be collected both in the case of a court decision and in the case of an alimony agreement, even if the agreement does not contain any penalty provisions.
 As regards the grounds for liability, the article proves that in case of breach of the alimony agreement, the provisions of the Civil Code of Ukraine governing civil law contracts with due regard for the specifics of family law regulation apply.
 The author examines two components for the application of this liability:
 - The debt arose from the payment of child support established by a court decision or by agreement between the parents (a notarised child support agreement under Part 1 of Article 189 of the Family Code of Ukraine);
 - The existence of guilty actions of the person obliged to pay alimony by court decision or by agreement between the parents, which led to the debt.
 In other words, if the debt arose due to circumstances beyond the control of the latter (illness, accountant's error, actual inability to make payments for other valid reasons), no penalty can be charged. At the same time, the form of the payer's fault (intent or negligence) does not matter to the court.
13
LETOVA, NATALIA. "LEGAL NATURE OF AGREEMENTS ON THE PAYMENT OF ALIMONY: PROBLEMS OF SUBSTANTIVE AND PROCEDURAL LAW." Sociopolitical sciences 10, no. 4 (2020): 111–17. http://dx.doi.org/10.33693/2223-0092-2020-10-4-111-117.
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Task. The authors of the article set themselves the task of analyzing the specifics of the agreements on the payment of alimony and the procedural features of such cases. Model. To solve such a theoretical problem, it is necessary to investigate the legal nature of child support agreements as a type of bilateral transaction. Findings. The agreements on the payment of alimony differ in their ambiguous legal nature and require proper regulation in the norms of the current legislation of the Russian Federation. The scope of the study. Limited by relations in the field of family, civil law, civil process of the Russian Federation. Practical value. The identification of the nature and specific features of agreements in the field of family relations will not only enrich the theory of family law, but also create a basis for the formation of the practice of considering cases of alimony, and formulate general measures aimed at developing effective mechanisms to protect the property interests of participants in family relations. Social consequences. Determining the specifics of family agreements will allow us to establish the relationship and interdependence of the norms of the family, civil type and norms of the civil process, which will ensure their effective interaction in practice. Originality, value. A systematic study and study of the features of alimony agreements will allow them to be separated from other types of civil law transactions, identify common problems in collecting alimony and proper fulfillment of alimony obligations that impede the proper satisfaction of the basic needs of all family members. An analysis of the norms of the legislation of the Russian Federation allows us to identify additional opportunities and new ways to properly enforce court decisions on alimony.
14
LETOVA, N. V. "THE RIGHT TO MAINTENANCE AND THE RIGHT TO RAISE A CHILD: PROBLEMS OF PROVISION IN PRACTICE." Lobbying in the Legislative Process 4, no. 1 (2025): 35–41. https://doi.org/10.33693/2782-7372-2025-4-1-35-41.
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Purpose of the study. The article examines the problems of theory and practice caused by the inability of parents to raise a child due to their arrears in alimony. The absence of a definition of the concept of malicious evasion of alimony payments in the law does not allow for a correct differentiation of the actions of parents who are malicious defaulters and parents who cannot fulfill their obligations to support a child for objective reasons. In order to implement the principle of priority protection of children’s rights, protecting their right to receive maintenance, the author proves the need to create an institution of an alimony fund, from which children who do not receive maintenance from their parents could receive it from the state. It is determined that such a payment does not exempt parents from fulfilling their obligations to support a child; the funds received from the state must be returned after the reasons for the parents’ failure to pay funds for their child have disappeared.
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ARTEMIEVA, YULIYA. "FEATURES OF THE INSTITUTE OF ALIMENTARY OBLIGATIONS FOR A CHILD IN ITALY." Sociopolitical Sciences 11, no. 4 (2021): 122–27. http://dx.doi.org/10.33693/2223-0092-2021-11-4-122-127.
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The author analyzes the institution of child support in Italy in the article. The issues of establishing the amount of alimony in court and by concluding an alimony agreement are considered: factors affecting the amount of alimony, grounds for revising this amount and the consequences of non-fulfillment of obligations. The obligation to support children in terms of the payment of alimony is considered both in relation to minor children and in relation to children who have reached the age of majority. The features of the institution of alimony obligations for a child in Italy are considered by the author not only on the basis of regulatory legal acts, but also on the basis of the established law enforcement practice, which makes it possible to eliminate many legal gaps.
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Bahmani, Azam, Mehdi Hamzeh Howeyda, and Saeed Kheradmandi. "A Functional Analysis of the Institution of Alimony in Iranian Family Law." Comparative Studies in Jurisprudence, Law, and Politics 6, no. 3 (2024): 60–73. https://doi.org/10.61838/csjlp.6.3.5.
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Alimony (nafaqa) is one of the most important financial institutions in Iranian family law, rooted in the principles of Islamic jurisprudence (Imamiyya) and codified in civil law. It plays a crucial role in meeting the material and emotional needs of women in marital life. This article aims to analyze the functions of alimony in Iran’s legal system and compare it with other countries. Initially, the theoretical foundations and economic and social functions of alimony are explored. The article then addresses the legal and practical challenges of implementing alimony in Iran, such as the lengthy judicial process, complexities in determining the amount of alimony, and evasion of payment by some husbands. Moreover, a comparative analysis of alimony in Iranian law with that of other countries, especially Islamic and European countries, highlights both differences and similarities in this legal institution. In the concluding section, the article offers legal and practical suggestions to improve the alimony system and reduce family disputes. These recommendations include legal reforms for clearer determination of alimony, strengthening oversight over the enforcement of alimony judgments, and raising social and cultural awareness regarding the significance of alimony in strengthening the family unit. The findings indicate that alimony, beyond being a financial obligation, serves as a supportive tool that enhances marital relationships and reinforces the family structure within society.
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Ilyina, Olga, Anatoly Levushkin, and Julia Dronova. "Environmental justification of legal consequences of illegal actions in the Russian Federation." E3S Web of Conferences 258 (2021): 05015. http://dx.doi.org/10.1051/e3sconf/202125805015.
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The issue of alimony obligations enforcement is quite acute in our country. It is necessary to recognize that Russian legislation does not contain effective mechanisms for collecting funds from parents for the maintenance of minor children. The article reveals the legal nature of consequences of non-payment of funds for the maintenance of minor children by their parents from the point of view of ratio of private and public interests in the mechanism of legal regulation. The authors note the prerequisites and limits of shifting the balance of private and public interests in the study of grounds for applying criminal liability measures for non-payment of alimony.
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Akinfieva, V. V. "CHANGING THE AMOUNT OF ALIMONY ESTABLISHED BY THE COURT FOR MINOR CHILDREN: ANALYSIS LAW ENFORCEMENT PRACTICE." Ex jure, no. 2 (2022): 50–63. http://dx.doi.org/10.17072/2619-0648-2022-2-50-63.
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Abstract: the proclamation at the constitutional level of the priority of children as a vector of the state policy of the Russian Federation actualizes the issues of improving family legislation and law enforcement practice that develops regarding alimony obligations. The purpose of the article is to conduct a deep scientific and practical analysis of law enforcement practice related to the change in the amount of alimony established by the court for minor children. It is established that both the parties to alimony obligations and, in some cases, law enforcement officers incorrectly use the norms of paragraph 1 of Article 119 of the RF IC. So, the key problem is the lack of evidence of the claimed changes in material and (or) marital status, affecting the amount of alimony and entailing the inability to fulfill alimony obligations in the same amount. It is proved that the “formal” approach of the law enforcement officer to the consideration of such disputes leads to ignoring the principle of priority of the interests of a minor child, the degree of security of the alimony payer, the “burdensomeness/non-burdensomeness” of paying alimony in the same amount, very common cases of fictitious legal relations indicating obvious abuse of the right. It is concluded that reducing the amount of alimony and exemption from their payment are exceptional “options” of family law, which should be applied only if there are serious grounds (for example, the disability of the alimony payer caused by his disability).
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Castillo Benites, Viviane Salli. "The enforceability of payment as a requirement to access other food processes: a constitutional analysis." Universidad Ciencia y Tecnología 29, Special (2025): 193–202. https://doi.org/10.47460/uct.v29ispecial.900.
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This paper analyzes the enforceability of the payment of alimony as a prerequisite to access other processes related to alimony, from a constitutional perspective. It is examined whether this requirement violates fundamental principles such as access to justice, equality, and due process. Through doctrinal and jurisprudential analysis, we seek to determine the legitimacy of this condition and its compatibility with fundamental rights. This is a basic investigation, where the main findings reveal that the prior payment requirement to access food processes violates the right to access justice and effective jurisdictional protection, according to doctrine and jurisprudence. In addition, it is highlighted that judges must guarantee proportional and fair decisions. Finally, we advocate for a legal system that does not collide with fundamental rights.
20
LETOVA, NATALIA. "ALIMONY FUND AS A WAY TO PROTECT A CHILD’S RIGHT TO RECEIVE MAINTENANCE." Sociopolitical Sciences 12, no. 3 (2022): 75–81. http://dx.doi.org/10.33693/2223-0092-2022-12-3-75-81.
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The purpose of the study. In this article, the author examines the issues of theory and practice related to the need to create an alimony fund in our country as one of the ways to ensure the rights of a child to receive maintenance in the form of alimony. The need to create such a fund is due to the existing problem of timely payment of alimony to children, which is a significant violation of their property rights. The participation of the State in solving such a problem will create additional guarantees for children, ensure the realization of their right to maintenance and satisfaction of basic needs. The author comes to the conclusion that the lack of proper regulatory regulation of alimony relations in the context of the development of alimony funds indicates systemic problems in law, and as a result, in practice, in solving questions about the departmental affiliation of such funds, the essence of the funds that form its content and the possibility of applying civil law institutions to such relations.
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Markovsky, Alexander. "LEGISLATIVE GAPS IN THE COLLECTION OF ALIMONY FOR MINOR CHILDREN." International Journal of Law in Changing World 3, no. 1 (2024): 61–73. http://dx.doi.org/10.54934/ijlcw.v3i1.83.
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Protection of the rights and interests of the most vulnerable alimony recipients - minor children, is one of the most socially significant areas of family law regulation. The basic guarantees of the rights and legitimate interests of the child depend on the correctness of the normative fixation of the provisions on alimony and the quality of the mechanisms of its collection. The absence today of legal certainty in a number of provisions of alimony legislation on the forced collection of alimony, confirms the relevance of this study. Objective: to study the peculiarities of modern Russian legal regulation of judicial recovery of alimony for minor children, to identify the problems of legal regulation and to formulate specific proposals to change the legislation. Methodological basis: in the preparation of the research the general scientific dialectical method and special methods were used: system-structural, formal-legal, logical and comparative-legal. Results: the article comprehensively analyzes the shortcomings of legal technique and peculiarities of the current legislation concerning legal regulation in the field of alimony legal relations and forms proposals for their legislative elimination. The author sees that, despite the high prevalence of proceedings of a writ nature in cases of alimony collection, potentially higher efficiency of alimony payment belongs to the voluntary alimony agreement. Conclusions: the current state of legal regulation of the institute of alimony of minors, including the shortcomings of substantive and procedural nature, is characterized by imperfection and inefficiency of a number of normative provisions of the Family Code of the Russian Federation, which in turn may affect the stability and efficiency of court decisions, orders and needs to be reformed.
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Sitarz, Olga. "Politycznokryminalne znaczenie czynnego żalu okazanego przez sprawcę po dokonaniu przestępstwa niealimentacji (art. 209 §4 i §5 k.k.)." Problemy Prawa Karnego 28, no. 2 (2018): 137–54. http://dx.doi.org/10.31261/ppk.2018.02.08.
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By means of an act of law issued on 23 March 2017 in order to “reinforce the realisation of the obligation of guardianship by satisfying the material necessities of people who are unable to satisfy them on their own”, one introduced changes in the heretofore binding regulation which stipulated criminal responsibility for evading the obligation of the payment of alimony (Art. 209 k.k.). The regulation which was mentioned received new content, inter alia by introducing a qualified type, and it was furnished – for the first time in the history of the criminalisation on the non-payment of alimony – in a clause of impunity and the clause about the refraining from administering punishment in the case of the manifestation of voluntary disclosure on the part of the offender after the commission of the crime of the non-payment of alimony. The present publication explores the problems associated with the latter point – voluntary disclosure. In the light of the analysis which was conducted and the legislative deficiencies of the regulation Art. 209 § 5 k.k. and its relation to regulation Art. 59 k.k. one stated that from the perspective of legislative technique § 5 is inappropriate, and from the perspective of the criminal policy it is redundant. It seems that the function which is assumed – the ensuring of the satisfaction of the claims of the aggrieved party –simply regulation § 4 Art. 209 k.k., would serve this task perfectly, obviously after the removal of the shortcomings which were indicated.
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Gorbatova, M. A., and V. E. Lesin. "Criminal Liability for Non-Payment of Alimony: Theoretical and Practical Problems." Pravo: istoriya i sovremennost', no. 3(12) (2020): 092–99. http://dx.doi.org/10.17277/pravo.2020.03.pp.092-099.
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The authors question the effectiveness of the current mechanism for holding accountable persons who evade paying alimony, as well as the expediency of introducing Article 157 of the Criminal Code of the Russian Federation of the institute of administrative prejudice, which gave rise to a number of legal conflicts. The problem of non-payment of alimony is of an acute social nature, and the methods of its solution must take into account, first of all, the interests of the persons for whose maintenance the necessary funds must be received. However, criminal prosecution is far from always able to solve the main problem - to ensure payment discipline of persons who are responsible for paying funds for the maintenance of children. It is proposed to abandon the administrative prejudice, and as a constitutive element of the corpus delicti, to provide for the systematic nature of the evasion of payment of funds for the maintenance of children. In addition, it is advisable to provide for the possibility of relieving the debtor from criminal liability if the maintenance obligation is paid off in full.
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Muhitdinοv, Sunnatulla. "PECULIAR ASPECTS OF THE CIVIL-LEGAL REGULATION OF THE CONTRACT ON THE PAYMENT OF ALIMONY." MODERN SCIENCE AND RESEARCH 2, no. 12 (2023): 104–8. https://doi.org/10.5281/zenodo.10287945.
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<i>The article analyzes the issues οf the prοcedure fοr cοncluding an agreement οn the payment οf alimοny and its fοrm. The authοr studies this agreement frοm the standpοint οf civil law and substantiates the gratuitοusness, οne-sidedness and cοnsensuality οf the agreement. The cοnclusiοns οf the wοrk are tο substantiate the cοncept οf an agreement οn the payment οf alimοny, the advantages οf this agreement frοm οther prοcedures fοr cοllecting alimοny. </i>
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Shadanova, L. Zh, and T. S. Tilep. "Alimony obligations of spouses and ex-spouses: comparative legal analysis of the legislation of Kazakhstan and some foreign countries." Bulletin of the Karaganda University. “Law Series” 109, no. 1 (2023): 115–22. http://dx.doi.org/10.31489/2023l1/115-122.
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The article is devoted to the comparative legal analysis of the legal regulation of alimony obligations of spouses and ex-spouses in Kazakhstan and in some developed foreign countries, in particular in Germany, France, the UK, the USA. Based on the research and analysis of the legislation of the Republic of Kazakhstan and foreign countries, the current problems of the material maintenance of spouses and former spouses both during marriage and after the dissolution of marriage are considered. The features of the legislative regulation of alimony obligations of spouses in the countries included in the Anglo-Saxon and continental legal systems are analyzed. Attention is focused on the problems of determining the amount of alimony, the term and pro- cedure for the payment of alimony, as well as the grounds for termination of the alimony obligation. The pur- pose of the study is to conduct a comparative legal analysis of the legal regulation of alimony obligations of spouses and former spouses in the Republic of Kazakhstan and in some countries of the world and on the ba- sis of the study to identify shortcomings of legal regulation, to determine further ways to improve domestic legislation. Based on the study of legislation and law enforcement practice on the settlement of disputes on material maintenance between spouses and former spouses, the authors make proposals aimed at improving the family legislation of the Republic of Kazakhstan.
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Malinina, Tatiana B., Elena E. Tarando, Ludmila N. Lipatova, and Zhomart K. Simtikov. "Fatherhood as a Type of Labor Activity: View from the Perspective of Sociology of Labor." Теория и практика общественного развития, no. 12 (December 27, 2023): 54–61. http://dx.doi.org/10.24158/tipor.2023.12.5.
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The article substantiates that the realization of fatherhood function falls under the definition of labor activity and is one of its types. The economic theory of the family is considered from the perspective of the implementation of parenthood, and the limitations of this theory in relation to the study of parental and paternal functions are identified. The application of F. Herzberg’s two-factor theory of labor motivation to the motivational component of the father’s function is carried out, and the potential for applying this theory to the motivational component of fatherhood is revealed. The implementation of the paternal function in a post-divorce situation is analyzed, when society wants to see divorced fathers involved, and in practice, not only divorced fathers abandoning their children, but also the problem of non-payment of alimony is widespread. Barriers to the implementation of the function of involved fatherhood in a post-divorce situation complicated by non-payment of alimony are identi-fied.
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Skhab-Buchynska, T. "Gaps in the legislation in the field of payment of alimony to the wife during pregnancy." Uzhhorod National University Herald. Series: Law 1, no. 78 (2023): 233–38. http://dx.doi.org/10.24144/2307-3322.2023.78.1.38.
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The article is devoted to the investigation of the full implementation by a pregnant woman of her right to maintenance from the husband with whom she is in a registered marriage, as well as receiving alimony from the husband with whom she did not register the marriage, but lived in the same family for a long period of time. The problem of determining the moment of emergence of the right to maintenance was considered, as well as gaps in the legislation on the issue of payment of funds to a pregnant wife were identified. After all, part 1 of article 79 of the Family Code of Ukraine states that alimony is awarded to one of the spouses by a court decision from the date of filing the claim, and part 5 of article 84 of the Family Code of Ukraine states that alimony awarded to the wife during pregnancy are paid after the birth of the child without an additional court decision. The analysis of the specified provisions raises the question of determining the moment of award and payment of alimony. After all, a woman needs funds for her maintenance immediately and she cannot wait until the birth of a child. It was found out that a woman will be able to submit an application to the court for maintenance only after receiving written evidence confirming her pregnancy. Therefore, a woman can apply to the court with a lawsuit against her husband for her maintenance funds much later, before the pregnancy will be discovered.Also, the problem is that alimony obligations arise only between a husband and wife who are in a registered marriage, and a woman who lived with her husband for a certain period of time and became pregnant is deprived of the right to maintenance during pregnancy. Therefore, this article proposes to arrange the right to maintenance for all women, regardless of whether they were in a registered marriage with a man or not. The main thing is that the plaintiff must prove cohabitation and the fact of pregnancy.The article also analyzed judicial practice regarding the definition of the evaluative concept of “duration of cohabitation” and found out that the duration of cohabitation should be calculated not by the number of years lived, but by documents that a man and a woman can present in court as evidence that these persons lived as one family, led a common life and had mutual rights and obligations.
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Buryachenko, A. M. "The concept and content of legal responsibility of spouses for failure to fulfill aliment obligations in family law." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 94–97. http://dx.doi.org/10.24144/2307-3322.2021.64.17.
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In a scientific article, the author conducted a scientific study of the concept and content of legal liability of spouses for non-performance of alimony obligations in family law. Based on the study, the author concluded that the Family Code of Ukraine does not contain a rule on the liability of the obligated spouse for failure to maintain an incapacitated spouse or a spouse in need of maintenance in connection with the upbringing of young children. From the content of Art. 196 of the Family Code of Ukraine, it is not clear whether it applies only to cases of non-performance of child support obligations, as follows from the finding of this rule in the relevant section of the Family Code of Ukraine. It is necessary to agree with the opinion expressed in the legal doctrine on the application of the provisions of Art. 196 of the Family Code of Ukraine for all alimony relations, in this regard, we propose to make appropriate changes to this article. In this case, in case of arrears due to the fault of the spouse, who is obliged to pay alimony by court decision or under the maintenance agreement, the spouse-recipient of alimony has the right to collect a penalty (penalty), and in case of late payment, due to illness or injury of the other spouse due to the payer’s fault, such payer is obliged to pay the amount of arrears at the request of the recipient of expenses, taking into account the established inflation index for the entire period of delay, as well as three percent per annum of the overdue amount. Although Art. 78 of the Family Code of Ukraine defines only three conditions of the spousal maintenance agreement: conditions, amount and terms of alimony, however, as stated in legal doctrine, such a condition as liability for non-performance of the maintenance agreement may also be determined by the parties. Unfortunately, the Family Code of Ukraine does not provide for a contractual procedure for determining alimony obligations to actual and former spouses, in this regard, in the scientific literature it is proposed to supplement the relevant provisions of Art. Art. 78 and 91 of the Family Code of Ukraine. In addition, the legislation of Ukraine in some cases provides for administrative liability for non-payment of alimony for the maintenance of one of the spouses, as well as liability in the form of one of the temporary restrictions set by the Law of Ukraine “On Enforcement Proceedings”.
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Shadanova, L. Zh. "Improvement of the mechanism for recovering alimony for the maintenance of a minor child under the legislation of the Republic of Kazakhstan." Bulletin of the Karaganda University “Law Series” 105, no. 1 (2022): 150–60. http://dx.doi.org/10.31489/2022l1/150-160.
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The article analyzes the problems of protecting the right of a child to receive maintenance from his parents and other family members, which are guaranteed by the Constitution and family legislation of the Republic of Kazakhstan. The purpose of the study is to analyze the norms of the legislation that regulate the procedure for collecting alimony for the maintenance of minor children, as well as to consider and propose effective mech-anisms for solving the problems of non-execution of judicial acts on the recovery of alimony in the cases where a parent evades the obligation to support a child. Comparative-legal, dialectical, formal-legal methods were used. As a result, the authors of the study provided theoretical conclusions and proposals for improving family legislation and law enforcement practice in ensuring the right of the child to receive maintenance from his parents and other family members. The article concludes that the recovery of alimony should not act as a measure of property liability of the other parent. It is necessary to improve the mechanism for collecting ali-mony and to create a system that will stimulate the debtor’s responsibility to fulfill his obligations. One of the ways to pay off debts on alimony in case of default by parents on alimony obligations is the payment of bene-fits to a minor child from state funds for the material support of children from single-parent families.
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Saydivalieva, Khurshida Khodjiakbarovna. "The Agreements on Mutual Support of Subjects of Family Relations in Uzbekistan." International Journal of Multicultural and Multireligious Understanding 10, no. 11 (2023): 253. http://dx.doi.org/10.18415/ijmmu.v10i11.5346.
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The article analyzes the role, importance, and types of family contracts in the family legislation of the Republic of Uzbekistan. The concept and legal nature of an agreement on the payment of alimony are considered in the system of family contracts. At the same time, proposals are made on the issues of mutual support among family members.
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Kobzar-Frolova, Margarita N. "Aliment fund as legal protection of children left without maintenance (financial and legal aspect)." Gosudarstvo i pravo, no. 6 (2022): 122. http://dx.doi.org/10.31857/s102694520020478-6.
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In the Russian Federation, family and children are recognized as the highest value of the state and are under its protection. Children are the most important priority of the state policy of the Russian Federation. Demographic problems, including problems of childhood and family, are under the close attention of the President of the Russian Federation. Building a long-term policy of family support, the President of the Russian Federation proceeds from the fact that it is necessary to take into account specific life situations and the difficulties faced by an incomplete family. Children left without parental care have the right to count on state support and financial assistance. Giving priority to family education, if necessary, the State assumes the responsibilities of parents in relation to children left without care. In necessary cases, each State guarantees social security for the upbringing of children, for example, if one of the parents evades his duties for the upbringing and maintenance of his child, does not fulfill his alimony obligations and in other cases established by law. The legislation establishes the legal regime of alimony obligations, as well as legal guarantees of their fulfillment. At the same time, the issues of legislative implementation of the construction of the alimony obligation have not yet lost their relevance, since it has not yet been possible to remove the severity of the problem of avoiding payment of alimony for the maintenance of minor children. The article deals with the problem of the expediency of creating an alimony fund in the Russian Federation. Based on the analysis of similar experience in solving this problem in foreign countries, the law enforcement practice that previously existed in the USSR, the authors present arguments in favor of the State Alimony Fund. In conclusion, the conclusions and suggestions relevant to the study are given.
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Różycka-Jaroś, Sylwia. "Social and legal aspects of non-alimony towards children in Poland." Papers of Social Pedagogy 13, no. 1 (2020): 67–87. http://dx.doi.org/10.5604/01.3001.0014.4353.
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Non-payment of alimony by parents for their children is a serious problem in Poland, which has negative social and economic consequences. It results in the inability to satisfy the necessary needs for their proper development and thus deprives them of prospects and a chance for a dignified life. This article begins by explaining the concept of non-alimony and presenting the scale of the phenomenon to gain awareness of the size of this social problem. In the following part, an analysis was carried out on the social aspects of non-alimony. This issue was described from the point of view of the situation of mothers who were forced to take over the entire burden of supporting their children, without the support of former partners. The consequences of the economic abandonment of children by one of the parents are also presented. The social aspect has also been discussed through the prism of the social campaigns conducted over the last few years to shape the correct attitudes of parents. Due to the fact that in Poland the phenomenon of non-alimony is considered primarily in the legal context, the subsequent part of the article presents a synthetic analysis in this respect. It focuses on the changes that the Polish legislator has introduced into the domestic legal system over the last 3 years. The discussion of this issue began with the offence of non-alimony regulated in Article 209 of the Penal Code, due to its amendment in 2017. It was supposed to become an effective tool to mobilise obliged parents to fulfil their obligation to support their children. Further amendments to the legislation were also reviewed in order to further improve the effectiveness of the enforcement of maintenance support.
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Andryiashka, M. V. "Alimony Payment Agreement as a Dispositive Instrument for Regulating Relations on Maintenance." Pravo: istoriya i sovremennost', no. 1(10) (2020): 071–84. http://dx.doi.org/10.17277/pravo.2020.01.pp.071-084.
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Parkhomenko, V. O. "Avoidance of duties as a basis for deprivation of parental rights." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 246–50. http://dx.doi.org/10.24144/2788-6018.2023.06.42.
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The article examines the deprivation of parental rights as the most burdensome form of parental responsibility. It has been established that the deprivation of parental rights is a serious measure of influence, which should be carried out exclusively in the best interests of the child. This is stated, in particular, in the norms of the Declaration of the Rights of the Child dated November 20, 1959, the Family Code of Ukraine, the practice of the European Court of Human Rights and the Supreme Court of Ukraine.
 Avoidance of parental duties can be one of the grounds for deprivation of parental rights. It has been established that, based on judicial practice in the specified area, non-fulfillment of parental duties should be interpreted differently. For example, the courts often regard it as parental evasion when a mother or father avoids paying child support. This reason is based on the thesis that it is impossible to provide care and proper development of the child, medical care and treatment without providing material maintenance. At the same time, in the conditions of Russia's war against Ukraine, the economic situation remains not the best, which may be the reason for non-payment of alimony.
 Based on the analysis of court practice, cases of using the instrument of deprivation of parental rights have been identified precisely for the purpose of punishing parents for unstable payment of alimony, for insufficient attention to children, etc. This applies to the use of insignificant grounds for the deprivation of parental rights, namely a small amount of alimony arrears, untimely and incomplete payment, lack of support in desires and additional aspirations.
 It was concluded that parents' evasion of raising children, as a reason for deprivation of parental rights, is possible in the case when parents do not create the necessary conditions for the child's physical, emotional or social development, it can be. However, only under the condition of culpable behavior of the parents, their deliberate neglect of their duties should be allowed only when it is impossible to change the behavior of the parents for the better and based on a complex of circumstances, each of which requires careful analysis and justification.
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ARTEMYEVA, Yulia, Natalya IVANOVSKAYA, Valentina KONCHEVA, and Elena SITKAREVA. "Current Problems of Concluding an Agreement on the Alimony Payment for Minors in Russia." Journal of Advanced Research in Law and Economics 9, no. 3(33) (2018): 859. http://dx.doi.org/10.14505/jarle.v9.3(33).08.
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The purpose of the manuscript is to analyze the trends and peculiarities of contractual regulation of alimony obligations concerning minors in Russia. The authors use a set of philosophical, general and special scientific methods of cognition of theoretical and empirical materials. In the course of the research, a dialectical-materialistic method was used to study the norms of family and civil law in their interrelations, interdependence, contradictions, taking into account all-roundness and objectivity in the study. In order to conduct a comprehensive study of problematic issues, general scientific methods (analysis, synthesis, deduction, induction, systemic) and private-science (comparative-legal, formal-legal, technical-legal, social modeling of the research) methods of cognition are used in the manuscript. The proposed comparative legal study allows for determining the main directions for the following: comprehensive improvement of the legal norms for the protection of the interests of the child in the process of divorcing parents, establishing the subject composition of agreements on the payment of alimony, determining the criteria for taking into account the various factors of participation in the life of the child when calculating the amount of content, developing a system of extra-judicial resolution of material welfare issues of the child during divorce, to optimize judicial practice, create a comfortable atmosphere for the development and upbringing of children.
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Oktariani, Deta, and Ema Utami. "EVALUATING POST-DIVORCE WOMEN'S AND CHILDREN'S RIGHTS FUNDING APPLICATION USING OWASP TOP TEN AND ISO 25010:2023." JIKO (Jurnal Informatika dan Komputer) 8, no. 1 (2025): 38–47. https://doi.org/10.33387/jiko.v8i1.9490.
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Evaluating an information system from both performance and security aspects is crucial for anticipating and improving the quality of the information system. A High Religious Court in collaboration with the Provincial Government developed a web-based application to support one of its services, to monitor court decisions regarding alimony payments from former husbands to former wives and children in divorce cases involving civil servants. This is certainly very important because before the existence of this application, there were many complaints filed due to the non-payment of alimony. To ensure that the application runs in accordance with its purpose and that the data is secure, a comprehensive system evaluation is required. The main objective of this evaluation is to identify vulnerabilities and their mitigations, as well as to ensure that the functions in the application work as expected, so that the application's goals are achieved. To achieve this goal, this study uses the ISO 25010:2023 information system standard integrated with OWASP Top Ten to evaluate its security This study uses five ISO 25010:2023 characteristics selected according to the system's goals. The results show that the combination of ISO 25010:2023 and OWASP Top Ten effectively identifies vulnerabilities in the application's functions and security comprehensively. Overall, the functions in the application have run as expected, although there are still several things that need to be improved to enhance the quality and secure its data.
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Тарасов, Никита Игоревич. "AGREEMENT ON THE PAYMENT OF ALIMONY FOR MINOR CHILDREN: SOME THEORETICAL AND PRACTICAL PROBLEMS." Вестник Тверского государственного университета. Серия: Право, no. 1(69) (March 22, 2022): 238–43. http://dx.doi.org/10.26456/vtpravo/2022.1.238.
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Автор анализирует нормы действующего законодательства и отдельные проблемы применения соглашения об уплате алиментов как инструмента регулирования отношений по содержанию несовершеннолетних детей. Особый акцент автор делает на проблеме соотношения интересов государства и родителей в обеспечении содержания несовершеннолетнего ребенка. The author analyzes the norms of the current legislation and some problems of application of the agreement on the payment of alimony as a tool for regulating relations for the maintenance of minor children. The author places special emphasis on the problem of the balance between the interests of the state and parents in ensuring the maintenance of a minor child.
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Ismail, Mohd Hazwan, and Syeikh Muhd Taufiq A. Rashid. "Pemberhentian Pembayaran Nafkah Anak Melalui Perintah Pembatalan Di Mahkamah Syariah." Journal of Muwafaqat 7, no. 2 (2024): 28–40. https://doi.org/10.53840/muwafaqat.v7i2.178.
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Pembatalan perintah nafkah anak boleh dilakukan di mahkamah syariah setelah perintah nafkah anak dikuatkuasakan. Sebelum dikuatkuasakan oleh pengadu atau si ibu, ia perlu mendapatkan perintah yang telah dimeterai berdasarkan perbicaraan atau keputusan atas persetujuan kedua-dua pihak. Walau bagaimanapun, timbul permasalahan kajian apabila perintah nafkah tersebut terus berkuatkuasa sehingga anak telah melepasi had umur yang telah diperuntukkan dalam undang-undang. Si ibu telah menuntut tunggakan hutang apabila si bapa telah memberhentikan pembayaran nafkah dengan sendirinya apabila anak telah mencapai atau melepasi 18 tahun dan telah bekerja. Namun begitu, mahkamah telah membenarkan untuk tunggakan dikira walaupun telah melepasi tempoh had umur berdasarkan seksyen 79 Akta 303. Si bapa beranggapan, kuatkuasa perintah nafkah anak akan terhenti secara automatik apabila anak telah dikira dewasa dan mampu untuk mencari rezeki. Tujuan kajian ini dilakukan adalah untuk meneliti secara kritis sama ada perintah nafkah anak tersebut boleh diberhentikan secara automatik atau perlu mendapatkan perintah pembatalan nafkah anak di mahkamah syariah. Metode yang digunakan dalam kajian ini adalah berbentuk kualitatif berdasarkan daripada pengumpulan data melalui kitab-kitab fiqh, kertas kajian, jurnal, kajian kes serta peruntukan undang-undang. Selain daripada itu, temu bual juga dilakukan bersama peguam syarie yang mengendalikan kes-kes tersebut dengan menggunakan metod kajian lapangan. Hasil kajian mendapati, perintah pembatalan nafkah diperlukan untuk memberhentikan pembayaran nafkah dengan memasukkan alasan-alasan seperti anak sudah melepasi 18 tahun dan bekerja. Hal ini juga termasuk dalam pembayaran melalui Perintah Tahanan Pendapatan Tenaga (PTPT) iaitu pemotongan gaji apabila majikan memerlukan perintah tersebut untuk memberhentikan pemotongan. Sekiranya perintah pembatalan nafkah anak tidak diperoleh, maka tunggakan nafkah akan terus dikira dan tuntutan hutang tersebut boleh dilakukan jika tiada pembayaran oleh si bapa. Maka cadangan bagi memudahkan proses pemberhentian pembatalan nafkah ini adalah mewujudkan satu sistem yang membolehkan semakan melalui KWSP iaitu sekiranya terdapat akaun yang aktif melalui sistem E-Syariah, maka secara automatiknya pembayaran nafkah boleh dihentikan. Cancellation of the child support order can be done in the Sharia court after the child support order has been enforced. Before being enforced by the complainant or the mother, it is necessary to obtain an order that has been sealed based on a trial or a decision on the agreement of both parties. However, a research problem arises when the maintenance order continues to be in effect until the child has passed the age limit that has been provided for in the law. The mother has claimed debt arrears when the father has stopped paying alimony by himself when the child has reached or passed 18 years and has been working. Nevertheless, the court has allowed the claim to be counted despite having passed the age limit period of section 79 of Act 303. The father thinks that the child support order will automatically stop when the child is considered an adult and able to earn a living. The purpose of this study is to critically examine whether the child support order should be terminated automatically or if a child support cancellation order is required. The method used in this study is qualitative based on data collection through jurisprudence books, research papers, journals, case studies and legal provisions. Apart from that, interviews were also conducted with syarie lawyers who handled the cases using field research methods. The results of the study found that an alimony cancellation order is required to stop the payment of alimony by including reasons such as children aged 18 and older. This is also included in the payment through the Withholding of Energy Income Order (PTPT) which is the deduction of wages when the employer needs the order to stop the deduction. If the child maintenance cancellation order is not obtained, then the arrears of maintenance will continue to be calculated and the debt claim can be made if there is no payment by the father. Therefore, the proposal to facilitate the process of stopping the cancellation of alimony is to create a system that allows review through the EPF, that is, if there is an active account through the E-Syariah system, then automatically the payment of alimony can be stopped.
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Zhu, Yue. "Empirical Study on the Difficulty of Enforcing Minor Children’s Alimony after Divorce." International Journal of Social Sciences and Public Administration 4, no. 2 (2024): 93–104. http://dx.doi.org/10.62051/ijsspa.v4n2.13.
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With the development of modernization, the concept of marriage and family in China is also changing, the divorce rate is on an amazing rise. In addition to the division of property, the raising of minor children is also the focus of divorce cases. This paper takes a district court of C City, S Province as a sample, and statistics the cases of alimony enforcement in this court from 2023.1.1 to 2023.8.31, and summarizes the characteristics of such cases. It is found that in judicial practice, there are blood parents' antagonism and communication failure in the enforcement of alimony; lack of affection between parents who do not live together and their dependent children; the person subject to enforcement intentionally evades payment; the executee's inability to pay and many other problems. And try to put forward the solution path, such as multi-party interaction to ease the contradiction; interpretation of the law to protect parental rights; strengthen the penalty of refusing to enforce the establishment of a unified deduction network; explore the implementation of compulsory insurance system for minors in order to provide reference for the case of child maintenance enforcement in China.
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Pershina, Irina. "Protection of property interests of minor children in the context of the reform of the institution of marital property." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2022, no. 4 (2022): 102–9. http://dx.doi.org/10.36511/2078-5356-2022-4-102-109.
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The author analyzes topical issues of ensuring the property interests of children and the interests of the spouse that deserve attention in the context of changing approaches to understanding marital property, coordinating mechanisms for their regulation by the norms of civil and family law. It is noted that there is no conceptually unified understanding of the property status of the child in the family, the legal nature of his right to use the property of his parents, which, with isolated consideration and resolution of alimony cases and the division of joint property of spouses, leaves the property interests of common children without consideration.
 It is proposed to establish a different approach to the justification by the court of the possibility of derogation from the principle of equality of the spouses’ shares, as well as in family legislation to establish the possibility of an agreement on payment of compensation for the share of the allocated spouse, taking into account the child’s housing rights and the amount of alimony obligations, family income or suspension of the division of jointly acquired property, ensuring the property interests of the child, until his majority.
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Dergunova, Victoria Andreevna, and Anastasia Dmitrievna Prokopova. "Agreements on the payment of alimony for the maintenance of minors: problems of law enforcement practice." Russian justice, no. 7 (2021): 50–55. http://dx.doi.org/10.52433/01316761_2021_7_50.
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Cebotari, Valentina, and Viorica Strelciuc. "The influence of good faith on the right to receive maintenance from a spouse or former spouse." Studia Universitatis Moldaviae. Seria Stiinte Sociale, no. 3(173) (June 2024): 273–77. http://dx.doi.org/10.59295/sum3(173)2024_35.
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With the registration of the marriage certificate, the spouses are mutually and jointly obligated to provide each other with material maintenance and moral support, both during the marriage and after its dissolution. When establishing the payment of alimony from the spouses, both the period of cohabitation of the spouses that gives the right to maintenance and after the dissolution of the marriage will be taken into consideration. The role of the court is essential, manifested through the meticulous examination of all the factual and legal circumstances that influence good faith in the right to receive maintenance from a spouse or former spouse. When determining the right that gives rise to the maintenance obligation, the court will assess the evidence submitted in the case, taking into account the principle of good faith or its absence. The court may dismiss the application if it considers that the spouse requesting the maintenance obligation has acted contrary to good faith.
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Верес, Ірина. "LEGAL CONSEQUENCES OF VIOLATION OF A CHILD SUPPORT AGREEMENT." Socio-economic relations in the digital society 1, no. 51 (2024): 127–36. http://dx.doi.org/10.55643/ser.1.51.2024.557.
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The article offers a comprehensive approach to determining the legal consequences of violating the child support agreement. Termination of the contract is a necessary condition for the exercise of the right to apply to the court with a statement or claim for the collection of alimony and additional expenses. Therefore, it is expedient for the SC of Ukraine to provide for the right to unilaterally withdraw from the contract in the event of a delay in the performance of the obligation, to define in the contract the meaning of the concept of "substantial breach of contract - delay within a certain period of time", which may be grounds for terminating the contract.The Civil Code of Ukraine provides for the right to collect a penalty (penalty) only if the arrears arise due to the fault of the person who is obliged to pay alimony. The principle of "the best interests of the child" dictates the need to extend these provisions to cases of late payment of additional expenses for the child. It is also important to provide a penalty for late fulfillment of the obligation to maintain in kind. Before making the appropriate additions to the SC of Ukraine, it is advisable to provide a penalty clause in the contract. In order to improve the legal regulation, it is necessary to provide a condition for the application of the general rule for determining the amount of the penalty in accordance with Part 1 of Art. 196 of the Civil Code of Ukraine, unless otherwise stipulated by the contract.The child may also have the right to compensation for damages and (or) moral damage. In order to avoid future disputes, it is advisable in the contract to provide for the obligation to compensate moral damages in the event of a delay in the maintenance obligation and the amount of compensation for moral damages.
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Mykhalniuk, O. "Spousal maintenance in the context of the constitutional right to an adequate standard of living in Ukraine." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 152–56. http://dx.doi.org/10.24144/2788-6018.2024.04.25.
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The article examines new approaches to understanding the concept of spousal maintenance in the context of the constitutional right of Ukrainian citizens to an adequate standard of living. The legal nature and peculiarities of the institution of spousal maintenance under the law and the agreement on the provision of maintenance to one of the spouses are investigated. Considerable attention is paid to the issues of determining the conditions (grounds) for payment (recovery) of alimony. In particular, the article interprets such a ground as need on the basis of part 4 of Article 75 of the Family Code of Ukraine, namely: a person whose income is less than the subsistence minimum is recognized as needy or in need of material assistance. In this case, it is about establishing a certain correspondence between neediness and the size of the subsistence minimum established by legislation. In this connection, it was concluded that this minimum can be considered acceptable in cases of only normal life support of a person, but it is not sufficient in the case of a disabled person, in particular, who is deprived of the opportunity to work. It is argued that it is impossible to legislate and equally define the level of material security for all citizens without exception. This is due to the fact that some people, due to disability, including temporary, serious illness, pregnancy, etc., need much more money for their normal existence than others. Therefore, an individual approach of the court to determining the amount of alimony in each particular case is important. The author makes a historical analysis of the spousal maintenance institute, and it follows that the provision of Part 4 of Article 75 of the Family Code of Ukraine is a historical tribute to Soviet family law and needs to be adjusted in modern conditions, taking into account a number of factors: expansion of discretion in family law; consolidation of the leading role of contractual family law regulation; recognition at the level of the Constitution of Ukraine of the right to an adequate standard of living; the fundamental principle of mutual moral and material support in the family and the obligation of spouses to financially support each other in marriage. The article also substantiates that at the current stage of development of family law in Ukraine there are sufficient prerequisites for recognizing Part 4 of Article 75 of the Family Code of Ukraine as inconsistent with the Constitution of Ukraine.
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Bahmani, Naser Shiragha, and Mahkam Makhmudov. "Some issues regarding non-payment of alimony to a spouse according to the law of the Islamic Republic of Iran and the Republic of Tajikistan." Vestnik of Saint Petersburg University. Law 10, no. 4 (2019): 712–21. http://dx.doi.org/10.21638/spbu14.2019.407.
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Nordio, V. V. "Criminal liability for evading payment of alimony for child maintenance (Article 164 of the Criminal Code of Ukraine) VS shortcomings in the work of executors." Прикарпатський юридичний вісник, no. 5 (2022): 68–71. http://dx.doi.org/10.32782/pyuv.v5.2022.11.
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Azmi, Amylia Fuziana, Nor Laila Ahmad, Mohamad Zaharuddin Zakaria, Nik Salida Suhaila Nik Saleh, and Mushaddad Hasbullah. "UNVEILING THE SIGNIFICANCE OF PROPOSING HIBAH AS AN ALTERNATIVE TO NAFKAH SECURITY FOR WIDOWS." Malaysian Journal of Syariah and Law 12, no. 2 (2024): 529–34. http://dx.doi.org/10.33102/mjsl.vol12no2.947.
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In recent years, there has been increasing interest in the study and promotion of hibah (gifts) as one of the alternatives in Islamic estate planning. This paper aims to shed light on the instrument of hibah as an alternative payment for nafkah (alimony) to the wife as security for maintaining the widow’s claim to the husband’s property after the husband's death. This study adopts a doctrinal approach as it requires an examination of the legislation relating to hibah and nafkah based on several legal provisions from the various statutes in Malaysia. This approach is important to clarify the current and existing legal provisions relating to hibah and nafkah from the various statutes as a specific hibah and nafkah law has not yet been enacted in Malaysia. Finally, this study is also based on library-based research where the data were collected from primary and secondary sources. Overall, this study provides valuable information on the existing legal provisions on hibah and nafkah in Malaysia and makes some important recommendations to safeguard the rights of women in property distribution, especially widows. It takes into account that Islam encourages the practise of systematic estate planning to ensure the rights of heirs to the deceased’s assets. The findings of this study will raise awareness of the need for proper wealth planning by the hibah for women, which will ultimately benefit widows after the death of their husbands.
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Gromova, Elizaveta, and Daniel Ferreira. "Introduction to the First Issue of 2024." International Journal of Law in Changing World 3, no. 1 (2024): 1. http://dx.doi.org/10.54934/ijlcw.v3i1.97.
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Dear Readers,We proudly present the First Issue of the International Journal of Law in Changing World -IJLCW. We are delighted that this Issue is an example of international knowledge exchange. Authors worldwide presented their papers on current legal problems in Egypt, Indonesia, Hungary,and India. Our authors gave the Journal the honor of publishing highly relevant research papers devoted to different aspects of law and regulations that the modern world faces. This Issue presents the paper "Issues in Terms of Employment and Social Security in the Mirror of Industry 4.0". Professor Gabor Mélypataki (Hungary) explores the influence of digitalization and industry 4.0 on the employment and social security.The following paper is entitled "A Multi-Dimensional Approach to Impose Universal Jurisdiction in International Legal Practice" by Abdalla Abdelkarim (Egypt). Considering the international legal practice, author provides insights into the use of multi-dimensional approach to impose universal jurisdiction."Exploring The Essence of Indonesian Securities-Based Crowdfunding" by Nanin Koeswidi Astuti, Suhariningsih, Sukarmi, Siti Hamidah (Indonesia) devoted to identifying the peculiarities and legal nature of Securities-Based Crowdfunding in Indonesia.The paper "Legislative Gaps In The Collection Of Alimony For Minor Children" by Alexander Viktorovich Markovsky (Russia) refers to the legal and other issues related to collection of alimony for minor children. "Legal Protection for User Students e-Money as aNon-Cash Payment Tool In The Islamic Boarding School Environment" by Moh. Wahyu Al Waris, Dominikus Rato, Muarafa Nur Afif studies issues and peculiarities of protection of electronic money of the students in Islamic countries. The paper "Integration of the crisis rules created by COVID 19 into the European Common Agricultural Policy and Hungarian agricultural legislation" by István Olajos and Szilárd Pálfai (Hungary) aims to demonstrate how crisis rules caused by pandemic were integrated to agrarian law of Hungary.The Journal also contains the paper "Goodbye to Afghans: What is the Promise of Human Rights to Human RightslessnessAfghan Migrants in Pakistan?" written by Sayed Qudrat Hashimy (India), which analyses the situation in Afghanistan in the context of human rights. We truly hope you will find this Issue valuable and informative because that is the mission of the Journal –to find solutions to crucial legal issues that arise from the forever-changing world.We want to thank our authors, reviewers and editorial team members for their excellent job, support, and efforts to make the Second Issue possible. We hope the Journal can inspire academics and researchers to keep expanding their horizons and reducing the research distance between countries.Sincerely yoursEditors-in-Chief Elizaveta Gromova and Daniel Brantes Ferreira
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Vagina, І. "Foreign experience of legal regulation of the conclusion of contracts between mother, father and children." Uzhhorod National University Herald. Series: Law 1, no. 75 (2023): 161–66. http://dx.doi.org/10.24144/2307-3322.2022.75.1.26.
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In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of contractual relations between mother, father, and child, including under the legislation of the European Union states. Based on the conducted research, the author concluded that the legal regulation of the conclusion of contracts between the mother, father, and child under the legislation of the European Union states is mainly carried out through the determination of the possibility of concluding contracts, without clarifying the provisions on their form and essential conditions. In particular, the possibility of concluding a "statement on the exercise of parental rights" ("agreement of parents on establishing the procedure for the exercise of parental rights and determining contributions for the maintenance and upbringing of a child") under French civil law is defined in this way; "agreements on the method of providing maintenance" and "applications for acceptance of parental care" under German civil law; relevant agreements under the legislation of Latvia (agreement of parents: on determining the child's surname, cancellation of adoption, on establishing joint or separate parental care of the child, on establishing the terms of communication with the child of the parent who lives separately), Estonia (agreement on the fulfillment of the obligation parents regarding child maintenance), Czech Republic (agreements: on establishing paternity, on exercising mutual parental rights and responsibilities, on establishing the terms of communication with the child of the parent who lives separately from the child, on managing the child's property, on exercising parental rights and responsibilities after divorce, about the payment of alimony), Poland ("declaration of the spouses about the child's surname", "agreement on how to exercise parental responsibility and maintain contact with the child, in accordance with the best interests of the child"), "agreement on the rules for determining contact between parents and children"), Bulgaria (agreement on the place of residence of children, parentage, personal relationships, etc child support). The legislation of these countries (except Bulgaria) limits the possibility of regulating relations between parents and children by a marriage contract; Czech and Polish legislation also allows the conclusion of alimony contracts regarding the maintenance of children of their incapacitated parents. Hungarian civil and Moldovan family legislation more broadly define the essential conditions and form of contracts between parents and children, primarily regarding the contract on providing maintenance to a participant in family relations and the contract on communication with the child. In the author's opinion, the experience of these states should be borrowed, and the same detailed regulation provided for in the Family Code of Ukraine.
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Kahn, Jeffrey H., and Rebecca Roman. "The Flip and Flop of Taxing Alimony." Columbia Journal of Tax Law 16, no. 2 (2025): 131–60. https://doi.org/10.52214/cjtl.v16i2.13767.
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Since the dawn of income taxation in America, the tax treatment of alimony payments has flipped, flopped, and flipped again. The tax burden was first borne by the person paying alimony, then by the person receiving it. The burden has since shifted back to the alimony payor. This, we argue, was a flop. The Tax Cuts and Jobs Act of 2017 eliminated a tax deduction for alimony payments that served to reduce the taxable income of the payor and shift the payments into the taxable income of the recipient. Congress justified this deviation from the longstanding deduction/income treatment based an old Supreme Court case that held alimony was to be taxed to husbands as part of their moral and legal obligations to support their wives. More likely, Congress was acting for its own benefit—eliminating the deduction is estimated to raise billions for the fisc. In this Article, we argue that this change was a mistake. Treating alimony payments as income to the recipient better comports with the Tax Code’s progressive rate structure and the concept of taxing a party based on “ability to pay.” The argument proceeds in two parts. First, we argue that alimony payments do not constitute consumption by the payor. Thus, like gifts, alimony payments should only be taxed to one of the parties involved in the transfer. Existing scholarship seems to coalesce on this point. Still, this does not tell us whom to tax: the alimony payor or the recipient? Distinguishing the income tax treatment of alimony from that of gifts, we argue the latter. As a theoretical matter, allowing a deduction for alimony payments aligns with our progressive rate structure by accounting for the payor’s lower marginal “ability to pay” after making alimony payments. These payments represent future consumption by the recipient, not the payor, and thus reflect an increase in the recipient’s “ability to pay” taxes on such sums. And, as a practical matter, allowing parties the flexibility to allocate the tax burden among themselves is a negotiating chip that may grease the wheels in other areas of the divorce settlement process. We recommend that Congress flip once more and return the tax treatment of alimony to what it was prior to the 2017 Act reform.