What is the penalty for non-payment of alimony?
Lawyer Shamil Pashayev
According to the Constitution of Azerbaijan, the family is under the special protection of the state. The country's main document emphasizes that it is the duty of parents to take care of their children and bring them up. Children deprived of parental care are under the care of the state. Parents are obliged to take care of their children and to meet their material and spiritual needs, both in marriage and after marriage.
Alimony is not cut only during divorce
Sometimes, when there is a problem in the family relationship, the guardian (mostly the mother-ed.) Notes that the child's expenses are not covered and sees the divorce as a way to get alimony from the other parent. Is it necessary to formally terminate the marriage in order to determine alimony?
Legislation allows alimony and child support costs to be paid by parents without the dissolution of the marriage. Parents have the right to conclude an agreement (maintenance agreement) on the maintenance of their minor children during their marriage. If the party who is to pay alimony wants to pay alimony voluntarily, the parents can sign an agreement on alimony payment and determine the amount of alimony in that document. However, if a parent who does not maintain the child does not want to make this payment to the other, alimony is withheld in court.
According to the society, alimony is mostly paid by the father. The reason for this is that in most cases, when a marriage ends, the minor remains in the care of the mother. In fact, according to the law, according to the equality of men and women, husband and wife have equal personal and property rights in family relations. Motherhood, fatherhood, upbringing and education of children, as well as other family issues are resolved jointly in accordance with the principles of equality of spouses. That is, the child's maintenance costs can be borne when the child is not in his care.
How is the amount of alimony determined?
Under current law, the court receives alimony from a parent in the amount of one-fourth of the monthly income and other income for one child, one-third of the income for two children, and half of the income for three or more children. This amount can be reduced or increased.
What should a person with alimony do if he or she does not work or has no income?
The legislation states that alimony must be paid in any case. If the child is born, the obligation to keep it must also be carried. If the parent is not working, the court sets a fixed amount for alimony. At present, it is set at 170 manat per month for the subsistence level, but this amount can be increased or decreased. Legislation requires that the level of alimony withheld be determined based on the child's maximum level of previous maintenance. That is, the separation of the parents should not have any material impact on the child's comfortable lifestyle during the period of family cohabitation.
If the alimony payer's income (income) is irregular, as well as if he receives all or part of the income in kind or foreign currency, or has no income, as well as alimony cannot be deducted from the income, At the request of the party, the amount of payment shall be determined by the court in a specific monthly amount.
Penalty for non-payment of alimony
Non-payment of alimony is non-enforcement of a court decision, which creates administrative and criminal liability. According to Article 528 of the Code of Administrative Offenses (CAO) of the Republic of Azerbaijan, non-execution of a court decision may result in a fine or up to one month of administrative detention. According to Article 306.1 of the Criminal Code (CC), a person who intentionally fails to comply with a court decision may be fined, sentenced to community service, and sentenced to up to 3 years in prison.
A person brought to administrative and criminal responsibility must continue to pay alimony after serving his sentence. Prosecution in no case eliminates the alimony obligation. Intentional non-fulfillment of the alimony obligation may be grounds for deprivation of parental rights. This feature is reflected in Article 64.0.2 of the Family Code.
It should be noted that alimony is not only for children. Children may also have an alimony obligation to cover the expenses of the parent, husband and wife, ex-husband (or wife), siblings, grandparents.
Do not pay alimony unofficially!
According to last year's statistics, there were 62,484 marriages and 14,857 divorces in the country. Sadly, divorces often escalate into arguments, deteriorating relationships, and even hostility. In this case, one of the objects of revenge, especially for the custodian, is the party who unofficially paid alimony after a while.