Child Support: The Problem of Misuse of Child Support

Abstract

The article examines the legislative and enforcement aspects of changing the manner and order of enforcing a court order (holding or injunction) on recovery of child support by allowing the payment of not more than a half of the amount of child support to a bank account in the child's name. This measure is intended to prevent misuse of the child support by the parent who receives it (acts as a beneficiary). It was concluded that it is necessary to supplement the Family Code provision that allows the payment of not more than 50 per cent of the amount of child support to the bank accounts in the name of the child with an indicative list of grounds that the child support payer can rely on to go to court with a relevant claim. It is also proposed that Chapter 17 of the RF FC be supplemented by a provision giving the court the right to compel a parent who receives the child support the amount of which exceeds the amount stipulated by the law to submit to the child support payer a monthly report on child support expenditure.