Maintenance Relations: In Search of a Balance of Interests

Abstract

The paper deals with the problems associated with the recovery of alimony for minor children. It is stated that with all the variety of repressive measures used in relation to a defaulter, the problem of collecting alimony remains relevant. In this regard, it is necessary to raise a question of the formation of legal mechanisms that would motivate parents to fulfill the duties of maintaining a child with whom they do not live. Sociological studies show that payers’ doubts that such alimony is used for its intended purpose are a significant obstacle to the performance of their duties. In this connection, a proposal is made to establish the obligation to submit a report on the use of alimony by a person who actually receives it and should use it in the interests of the child. Alimony for minor children has a special purpose and is used by the person who actually receives it, in the interests of another person. In this regard, there is a similarity with civil law relations, within the framework of which foreign funds are used, which provides for the provision of reports. Since the bill containing such proposals was submitted to the State Duma, the history of its consideration is briefly presented. It is concluded that, if the bill had certain drawbacks, the reasons for rejection were not sufficiently substantiated. Suggesting this legal mechanism, the author specifies cases when its use is unacceptable based on the characteristics of the subject matter. The legal consequences of the failure to fulfill (inadequate fulfillment) of reporting obligations, both existing and those that could be established later, are outlined. The introduction of a reporting system for spending money on a minor child will not only increase the culture of post-divorce relations, but also ensure the realization of the interests of the child himself.