ALIMENTARY OBLIGATIONS OF THE MARRIED COUPLES
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article is devoted to the analysis of the Law of Ukraine «On Amending Certain Legislative Acts of Ukraine on Enhancing the Protection of the Right of the Child to Proper Maintenance by Improving the Procedure for Collecting Alimony» dated July 8, 2017, which will substantially regulate in the future many gaps and omissions in this area. The main goal of changes in the current legislation is to protect the interests of the child for proper maintenance. Attention is emphasized on changing the legal status of alimony: in the holy place with the introduction of amendments to the current legislation now it is the property of the child himself. The analysis of other changes in legislation aimed at resolving alimony relations, strengthening the protection of the child’s rights to proper maintenance by improving the order of recovery of alimony has been carried out. Attention is also paid to the determination of the amount of alimony. A positive aspect is distinguished: when calculating alimony, the court takes into account the costs of the payer of alimony, including the purchase of immovable or movable property, the amount of which exceeds the tenfold amount of the subsistence minimum for the able-bodied person, if the payer of alimony does not prove the source of funds. For the first time in the Ukrainian legislation, as a result of introducing amendments to the Family Code of Ukraine, a mechanism has been introduced for the possibility of deviating from the presumption of equality of parts of joint property in case of evasion by one of the spouses from participation in the maintenance of children. The court can depart from the basis of equality of parts of joint property under circumstances that are important: if one of them did not care about the material support of the family, avoided participation in the maintenance of the child (children). It is summarized that changes in the current legislation, in particular the Family Code of Ukraine, should lead to the creation of effective mechanisms through which malicious alimony defaulters will find it more difficult to find ways to evade payment of alimony, delay the consideration of court cases, and pay an unreasonably small amount.
Authors and Affiliations
Н. В. Басанська
Keywords
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