Large numbers of alimony evaders are arrested every day

Baku/25.11.21/Turan: Over the past day, 59 people wanted in Azerbaijan as debtors were detained and transferred to the appropriate structures. These statistics, provided by the Ministry of the Interior every day, indicate that 60-70 people are being held as debtors. Most of these individuals owe child support. Every eighth case under execution concerns alimony - an issue directly related to the rights of children, this year about 60 thousand cases related to alimony were considered, the Ministry of Justice.

“Individuals and legal entities were paid up to 300 million manat, including about 37 million manat for alimony matters. Along with this, in 2021, 2,800 persons who committed evasion were brought to administrative responsibility, a criminal case was initiated against 244 debtors. 1562 debtors, deliberately evading execution, were temporarily restricted in the right to leave the country, and the previously imposed restrictions were lifted for 1245 persons who executed the court decision ”.

Now more frequent cases of non-payment or evasion of payment of alimony by the debtor or delay, said the office of the Ombudsman. "Difficulties in paying alimony, along with the above circumstances, arise  because the debtor does not work or its income is not determined. Practice also shows that more and more often there are problems with ensuring payment."

The department noted that taking into account the increase in the number of divorces, the increase in the number of non-working women with dependent minor children and who need them as a means of providing alimony, it is necessary to develop and implement a mechanism for creating an alimony fund.

The department emphasized that the Fund can operate separately or subordinate to any relevant state body, ensuring the payment of alimony by the relevant state institution, subject to their subsequent receipt from the debtor by compulsion. “Such funds exist in the practice of foreign countries. In individual countries, these funds have different powers and have a wide range of functions."

It is important that there are three main points for the creation of this system, the ministry said. “First, it is necessary to introduce comprehensive innovations, additions and changes to the legislation. Secondly, structural reforms and targeted measures must be carried out. The third is the allocation of funds from the budget, the implementation of measures to ensure financial stability."

The State Committee for Family, Women and Children Affairs also reported that at present, as in all countries of the world, non-payment of alimony remains an urgent problem in Azerbaijan. "The debtor parties in many cases report that they cannot pay alimony due to low monthly income. In some cases, an increase in their expenses due to remarriage is justified. However, on the basis of appeals to the committee, cases of deliberate non-payment of alimony are also identified. In this case, the relevant structure is informed."

The committee noted that the delay in the payment of alimony leads to a disruption in the continuity of material support for children, which is a direct violation of the rights of the child.

It was emphasized that, despite the tightening of sanctions for non-payment of alimony in 2011, there is a need to improve the regulatory framework for the development of a new mechanism. "At present, the State Committee for Family, Women and Children Issues is preparing a draft" Family Strategy of the Republic of Azerbaijan for 2021-2030 ", which provides for the improvement of the mechanism related to the payment of alimony."

Lawyer Zibeyda Sadigova said that according to the Family Code, minor children should be kept by their parents. “If the marriage between the parents is dissolved, the parent who has a child can demand money from the other parent, that is, alimony. According to the law, child support is withheld from the income of the other parent, depending on the number of children. If it is one child, ¼ part of his income is deducted, if there are two children, - 1/3, if it is 3 or more children, ½ part of the parent's income is deducted."

The lawyer says that there are unemployed parents in Azerbaijan who cannot indicate their income. "Then the court can make a decision on the recovery of alimony for each child in a fixed amount, in the amount of the subsistence level. Then the resolution is sent for immediate execution." He noted that alimony in Azerbaijan is one of the most difficult problems. "Most of the women who applied complain about the non-payment of alimony."

According to the expert, persons who avoid paying alimony usually give reasons why they do not work or do not want to pay. "If there is evasion, the performer must perform the work in accordance with the requirements of the AP Code, that is, go to court for administrative arrest. If a person still evades, despite repeated administrative measures, a criminal case is initiated against him."

The lawyer stressed that the problem of non-payment of alimony arises in the majority due to the parents' lack of work. "Legislation should regulate this, it is also necessary to create an Alimony Fund." - 0 -