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Legislative support for the maintenance of alimentary obligations for child in Ukraine
Author(s) -
Anovak
Publication year - 2020
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.2.2020.43
Subject(s) - alimony , obligation , legislator , legislature , legislation , child support , debtor , law , business , political science , creditor , debt , finance
amily law establishes the obligation of parents to maintain their minor (and in some cases specified by law – adult) children,providing them with a proper financial situation. However, family law does not always have sufficient leverage to ensure that parentsfulfill this obligation, and therefore cannot guarantee that the child’s rights to adequate material support will not be violated. This problemis really relevant because a large number of alimony payers evade paying child support.The purpose of this study is to determine the features of the legislative provision of the obligation to maintain children and toestablish the completeness and level of specification of such provision in Ukraine.According to the family law of Ukraine, parents are obliged to support the child until he or she reaches the age of majority. Butnot everyone who is required to pay child support does so on time and in full. Some of these individuals are deliberately hiding andevading the child in any way possible.The concepts of “maintenance” and “alimony” are not identical, but are correlated as part and whole, because “maintenance” isa broader concept, and the concept of “alimony” is included in the concept of “maintenance”, but does not exhaust it. Therefore, incases where it is a question of legislative provision of timely and full recovery from the payer (debtor) of funds for the maintenance ofa child under duress, it is a question of alimony obligations, and this is clearly taken into account by the legislator.The current legislation to ensure the maintenance of child support obligations is quite specific and defines as fully as possible thecoercive measures that can be applied to the debtor, although it is not perfect. In order to improve domestic legislation, as well as todeprive alimony payers of the illusion of impunity for evading child support, we propose to make some clarifications to family law.This study does not address the problem of legislative enforcement of child support obligations in Ukraine and provides a basisfor further research in this area and the development of new recommendations that will increase the effectiveness of existing legislationin this area.

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