Abuse of rights by the claimant in alimony obligations for the maintenance of minor children: typical and atypical cases

Abstract

When family relations between spouses with common minor children are terminated, one of the contentious issues, among others, is the participation of the parent living separately in the maintenance of the common child. The article notes that the legal regulation of the alimony obligation of parents in relation to minor children, as well as the consideration of such disputes by the courts, is not always associated with maintaining a balance of interests of both parties to the alimony obligation. In particular, there is no unified approach in the legislation and judicial practice to solving the problem of excessive alimony arising from the collection of alimony in shares of the payer's income with a high salary. In such cases, alimony clearly exceeds the reasonable needs of the child and, in fact, is used by the parent with whom he lives for his own needs. It is also noted that in law enforcement practice there are also other cases of abuse of rights by parents who receive child support. A legal analysis of such situations and their qualifications is provided.