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The Azerbaijani State Committee for Family, Women and Children Affairs has proposed to create the Alimony Fund to ensure fulfillment of court decisions on payment of alimony, a member of the committee’s law department, Taliya Ibrahimova, told Trend News.
The Fund will provide necessary aid to children through public funds. The responsible party will repay a debt to the government. The same practice was applied in foreign countries and it has justified itself,” Ibrahimova said.
Ibragimova believes such organization cannot be established in the near future due to the financial and economic crisis. Under the Family Code, parents can conclude a contract on payment of alimony to the underage children. However, the court is eligible to solve this issue unless similar contract exists between the parents.
The legislation defines the size of the alimony in the way as follows: a quarter of the amount of wages or parents’ other income for one child, one third – for two, half – for three or more children. The sum can be increased or reduced by the court depending on the financial conditions of the defendant and taking into account other factors.
In case of absence of contract between the parents, the court can determine a stable amount of the alimony. The court determines the stable sum taking into account the maximum support of the children at the same level, as well as the financial state of the parties and other factors.
A total of 22,268 cases concerning the alimony have been under execution of the Justice Ministry’s Central Bailiffs Department in six months of 2009. This number comprises 36-37 percent of the total number of cases, which are under execution. Some 1,636 cases were fully fulfilled. These include cases closed due to child’s reaching the age of majority and cases resolved on the basis of agreement.
Currently, 20,634 court decisions on alimony are under the execution of the department.
The cases on alimony submitted for execution increased in number in 2009, compared to 2008, head of the department told Trend News. The non payment of alimony has become a social problem. The committee received a lot of appeals in this regard. These appeals are mainly connected with non execution of the court sentences and the defendant’s evasion of paying alimony, Ibrahimova said.
The committee received 37 complaints concerning the non-execution of court sentences on alimony in 2007, 62 in 2008 and 75 in the six months of 2009. The number of such appeals grows every year, Ibrahimova added. According to Ibrahimova, the committee is considering the minimum amount of alimony.
Some countries use alternative punishment against those who evade the payment of alimony. Such practices can be used in Azerbaijan, Ibrahimova said. In Russia, mobile phone operator warns the defendant of the need to pay alimony. Some countries deprive people, who do not pay alimony, from a driver’s license, Ibrahimova added.
The question of alimony is under discussions, Chairman of the Parliamentary Socio-Political Committee, Hadi Rajabli, told Trend News. According to Rajabli, it was proposed to include provision to the Family Code, which will draw movable and immovable property of the unfair parent to pay alimony.
“This practice is used in several countries. If one does not pay alimony in Russia, a penalty is imposed on the property. Besides, the person, who did not pay the alimony, is not allowed to leave the country,” Rajabli added. According to Rajabli, the question of determining the minimum amount of alimony in accordance with the minimum wage is also under discussion.
