What is the procedure for receiving alimony?
According to Article 34 of the Constitution of the Republic of Azerbaijan and Article 12 of the European Convention on Human Rights, men and women of marriageable age have the right to marry and to establish a family in accordance with national law. According to Article 34 of our Constitution, marriage and the family are under the protection of the state, and their legal interests are protected by the state. As for the protection of children's rights, our Constitution obliges parents to take care of their children and bring them up, and this is the right of parents. One of the steps taken to protect the rights of the child is the ratification of the UN Convention on the Rights of the Child on July 21, 1992 and the accession of the Republic of Azerbaijan to the Universal Declaration on the Survival, Protection and Development of Children. According to Article 18 (1) of the Convention on the Rights of the Child, both parents have a common and equal responsibility for the upbringing and development of the child. According to Article 19 of the Law of the Republic of Azerbaijan “On the Rights of the Child” (hereinafter - the Law on the Rights of the Child), parents have equal rights and responsibilities in the upbringing of a child. They must raise a child in a healthy way, bring him up on the basis of universal and national values, and prepare him for an independent life. The main responsibilities of parents are to develop the child's abilities, to meet his material and moral needs, to protect his rights and interests. Based on all of the above, it is necessary to look at the Family Code, which states these principles. This Code defines the duty to take care of children and to take care of children even after the dissolution of the parents' marriage in order to achieve their development in society. Parents have the right to conclude an agreement (maintenance agreement) on the maintenance of their minor children in accordance with Chapter 16 of the Family Code. If the parents do not keep their children, child support (alimony) is withheld from the parents in court. If there is no agreement between the parents on the payment of alimony, if the parents (one of them) do not keep the children and no lawsuit is filed in court, the relevant executive authority has the right to file a lawsuit against the parents (one of them) for alimony for minors. As a result, alimony for the maintenance of a child until he or she reaches the age of majority may be voluntary (ie, by agreement between the parents) or compulsory (ie, by court order). According to the Family Code, alimony can be withheld in the amount of a certain part of the monthly income or in a certain amount of money. The right to alimony is also possible when the child reaches the age of majority, but the child must be either incapable of work or have a first-degree disability, as stated in the Family Code.