ALIMONY OBLIGATIONS: ESSENCE, MATERIAL AND PROCEDURAL FEATURES

Abstract

His article discusses the issues of the legal nature of the agreement on the payment of alimony, defines the procedural aspects of the consideration of cases on the recovery of alimony in the courts. Based on the analysis of legal norms, scientific doctrine and materials of judicial practice, the author came to the conclusion that the essence of the agreement on the payment of alimony is heterogeneous, the content and structure of the alimony obligation is complex, court decisions on the recovery of alimony differ in specifics. When writing the article, the following methods were used: synthesis, analysis, the method of comparative law, etc. The practical significance of the work lies in the fact that the agreement on the payment of alimony refers to a special kind of enforcement document, the presence of which allows the parties to settle their relations outside of the judicial process. At the same time, in cases when the parties go to court, the consideration of such cases is peculiar, which is due to the ambiguous legal essence of such agreements, in particular, claims for the recovery of alimony, as a rule, arise within the framework of divorce proceedings, deprivation of parental rights or in the case of establishing paternity. Such requirements are interrelated, the legal basis for combining claims is the content of procedural norms, their consideration in one judicial process eliminates the possibility of making contradictory court decisions. As a result of the research, the author determined the relationship and interdependence of the norms of family, civil and procedural type, which allows in practice to identify the specifics and additional opportunities, new ways of proper execution of court decisions on alimony.