Needs of the child in determining the amount of alimony

A task. The author of the article set a task to answer the question-whether the needs of the child are taken into account when determining the amount of alimony under Russian family law. Model. To solve this problem, you need to investigate the issues of legal regulation of relations of limitirovanie in the Russian Federation, to identify the extent of the child’s needs to propose mechanisms accounting for the needs of children in determining the amount of alimony. Findings. According to the Russian legislation on alimony, the amount of alimony is determined without taking into account the needs of children. It is necessary to use such mechanisms as fixing the minimum amount of alimony guaranteed by the state, taking into account the age of children when determining the amount of alimony, “complex” formulas, when calculating alimony payments. Practical significance. The author of the article believes that the criterion for creating the necessary stable material base that meets the needs of the child will be the definition of his needs, as well as the ability of parents to meet them. Social consequence. Additional safeguards taking into account the needs of the child in determining the amount of alimony - fixing the minimum amount of maintenance guaranteed by the state, the age of the children when determining the amount of alimony, the use in the calculation of “complex” formulas, create a Federal information database of the maintenance payer and dual monitoring, at the stage of deciding on the alimony with a preventive purpose, and at the stage of execution of the obligation to pay child support - will allow you to resolve a systemic problem in alimony arrears. Originality, value. The systemic crisis in the theory and practice of legal regulation of alimony relations and the practice of applying the legislation on alimony suggests that there are indeed problems in the legal regulation of alimony relations, which entail problems in the practice of applying the provisions of the current legislation. The implementation of the author’s proposals will allow us to formulate new mechanisms of alimony, which means to apply new approaches to the protection and protection of subjects of the legal relationship of alimony.

alimony, children’s needs, legal relationship of alimony