Arrest or employment of people?

Starting next year, Azerbaijan will witness an increase in child alimony payments from 220 to 235 Manats per child, according to the recently passed "Law on the Subsistence Minimum in the Republic of Azerbaijan for 2024." While this may appear as a modest adjustment, it comes at a time when parents are grappling with mounting expenses related to baby food and clothing, further exacerbated by the absence of any planned increase in the country's minimum wage, currently set at 345 Manats.

The subsistence minimum for 2024 has been established at 270 Manats, with specific allocations for various segments of the population. The working population is expected to subsist on 287 Manats, while pensioners will have 222 Manats designated for their needs. For children, the allocated amount stands at 235 Manats, resulting in a relatively minor increase of 15 Manats in alimony payments.

Complaints about the rising prices of essential baby items have become commonplace, with parents feeling the pinch of these escalating costs. However, despite the financial challenges faced by many, there has been no indication of an increase in the minimum wage in the coming year.

The Ministry of Internal Affairs in Azerbaijan has reported a concerning trend of individuals being detained due to debt-related issues, including alimony arrears. Just recently, on November 9, it was revealed that 22 people on the Wanted list had been apprehended, and a staggering 10 of them were sought for unpaid alimony. While precise statistics on detentions for alimony debt have not been publicly disclosed, it was reported in the first half of the previous year that up to 5,000 debtors had been placed on the Wanted list due to alimony claims, and more than a thousand faced administrative arrest.

Fazil Mustafa, a member of the Milli Majlis Committee on Human Rights, in an interview with Turan underscored the importance of alimony payments, especially for those who rely on them. He acknowledged that while 15 Manats might not seem substantial, it carries significance for those responsible for paying alimony. Mustafa also noted ongoing efforts to establish an alimony fund that could step in when individuals fail to make payments, with the state later recovering those funds from the delinquent parties.

To address the issue comprehensively, Mustafa emphasized the need for improving the economic well-being of individuals, stating that people should have the means to fulfill their obligations through employment and a reasonable salary.

Rovshana Rahimova, a lawyer, in an interview with Radio Azadligshed light on the legal consequences faced by those who repeatedly fail to pay alimony. Administrative penalties are usually imposed multiple times, and in some cases, individuals are brought to criminal responsibility under Article 306 of the Criminal Code for "failure to execute a verdict, decision, or other act of the court." Under this statute, individuals can face up to three years in prison.

Rahimova stressed the necessity of establishing an alimony fund in the country, citing a pressing need to consider the best interests of the children involved. She pointed out that despite years of administrative penalties and even criminal proceedings in some cases, certain individuals still evade alimony payments.

The lawyer also linked alimony non-payment to unemployment, highlighting the challenges faced when individuals lack official employment. To address this issue, she advocated for state-provided job opportunities for those obligated to pay alimony but without formal employment.

A father who has faced administrative penalties multiple times for alimony debt shared his perspective on the issue, emphasizing that responsible parents who work and earn a decent income do not withhold alimony from their children. He expressed the view that no sensible parent wishes to harm their family, but life's difficulties often hinder their ability to meet their obligations.

The ongoing debate about alimony payments in Azerbaijan reflects broader concerns about the cost of living and the economic challenges faced by families, underscoring the need for comprehensive solutions to address these issues effectively.