Alimony Payments Research Articles

Current Problems of Concluding an Agreement on the Alimony Payment for Minors in Russia

The purpose of the manuscript is to analyze the trends and peculiarities of contractual regulation of alimony obligations concerning minors in Russia. The authors use a set of philosophical, general and special scientific methods of cognition of theoretical and empirical materials. In the course of the research, a dialectical-materialistic method was used to study the norms of family and civil law in their interrelations, interdependence, contradictions, taking into account all-roundness and objectivity in the study. In order to conduct a comprehensive study of problematic issues, general scientific methods (analysis, synthesis, deduction, induction, systemic) and private-science (comparative-legal, formal-legal, technical-legal, social modeling of the research) methods of cognition are used in the manuscript. The proposed comparative legal study allows for determining the main directions for the following: comprehensive improvement of the legal norms for the protection of the interests of the child in the process of divorcing parents, establishing the subject composition of agreements on the payment of alimony, determining the criteria for taking into account the various factors of participation in the life of the child when calculating the amount of content, developing a system of extra-judicial resolution of material welfare issues of the child during divorce, to optimize judicial practice, create a comfortable atmosphere for the development and upbringing of children.

The offence of abandon of marital and family obligations on payment of alimony and alike (Financial abandon of family); A Comparative study

This study aims to shed light on criminal responsibility of the abandonment and abstention of alimony paymentand alike. All divine laws and international conventions had paid their attention to regulate the affairs of the family, by dealingwith marriage, divorce, maintenance, alimony and many more. Alimony can be paid inform of checks, cash, or money orders.However, this alimony is not treated as your child support, as it utterly belong to the individual right of the spouse.Therefore, the role of criminal law for threatening and stands lookout for every assault on the family system. It also represents theabandonment of the marital and family obligations on payment of alimony and alike.

Alimony Panic, Gold Diggers, and the Cultural Foundations of Early Twentieth-century Marriage Reform in the United States

By the late 1920s, the belief that US men were being exploited by the so-called gold diggers seeking advantageous divorces was widespread. Organizations like the Alimony Payers’ Protective Association and the Alimony Reform League were created to combat the perceived problem of gold digging ex-wives. Several states considered legislation to restrict alimony payments. Yet, the overall instances of alimony were relatively rare. This article explains the rise of anti-alimony sentiment during the late 1920s through an examination of the gold digger trope. Anti-alimony agitation represented a response to the changes in women’s roles and sexual norms in the 1920s.

Przestępstwo uporczywej nie alimentacji

Jednym z przestępstw przeciwko rodzinie i opiece jest przestępstwo niealimentacji, o którym mowa w art. 209 Kodeksu karnego. Strona przedmiotowa przestępstwa wyraża się w uporczywym uchylaniu się od ciążącego na sprawcy z mocy ustawy lub orzeczenia sądowego obowiązku opieki poprzez niełożenie na utrzymanie osoby najbliższej lub innej osoby i przez to narażenie jej na niemożność zaspokojenia podstawowych potrzeb życiowych.Niealimentacja jest przestępstwem materialnym z narażenia (a nie z naruszenia). Sprawcą może być jedynie osoba zobowiązana do świadczeń alimentacyjnych, dlatego przestępstwo uporczywej niealimentacji jest przestępstwem indywidualnym.Przesłanka uporczywości określa stronę podmiotową przez ograniczenie jej umyślności tylko w postaci zamiaru bezpośredniego. Uporczywość ma charakter niezwykle ocenny, dlatego przyjmuje się że jest to znamię obiektywno-subiektywne. Uporczywe uchylanie się sprowadza się bowiem do długotrwałego postępowania (element obiektywny), które nacechowane jest nieustępliwością (działaniem na przekór – element subiektywny). W orzecznictwie Sądu Najwyższego przeważa pogląd, że uchylanie się od obowiązku alimentacyjnego zachodzi wtedy, gdy sprawca pomimo obiektywnej możliwości jego wykonania, nie spełnia tego obowiązku.

Relational contracts for household formation, fertility choice and separation

This paper applies the theory of relational contracts to a model in which a couple decides upon fertility and subsequently on continuation of the relationship. We formalize the idea that within-household-cooperation can be supported by selfinterest. Since the costs of raising children—a household public good—are unequally distributed between partners, a conflict between individually optimal and efficient decisions exists. Side-payments can support cooperation but are not legally enforceable and thus have to be part of an equilibrium. This requires stable relationships and credible punishment threats.Within this framework, we analyze the effects of separation costs and post-separation alimony payments on couples’ fertility decisions. We derive the predictions that higher separation costs and higher alimony payments facilitate cooperation and hence increase fertility. We present empirical evidence based on a recent German reform that reduced rights to post-divorce alimony payments. We find that this reform reduced in-wedlock fertility.

Семейно-правовые предпосылки установления уголовной ответственности за злостное уклонение от уплаты средств на содержание

Семейно-правовые предпосылки установления уголовной ответственности за злостное уклонение от уплаты средств на содержание

ОСОБЛИВОСТІ ПОЧАТКУ ДОСУДОВОГО РОЗСЛІДУВАННЯ ЗА УХИЛЕННЯ ВІД СПЛАТИ АЛІМЕНТІВ НА ПІДСТАВІ ПОДАНЬ (ПОВІДОМЛЕНЬ) ДЕРЖАВНОЇ ВИКОНАВЧОЇ СЛУЖБИ

The article is about the current problems of pre-trial investigation of evasion of alimony payments for child maintenance based on information from State Executive Service of Ukraine and also avoidance of matter registration without sufficient data about a criminal offense.

Journal d’un SDF by Marc Augé

someone so young, Andrewes brings a mature and well-timed new voice to the Quebec novel. University of Wisconsin, Madison Ritt Deitz AUGÉ, MARC. Journal d’un SDF. Paris: Seuil, 2011. ISBN 978-2-02-097828-6. Pp. 132. 13 a. Renowned anthropologist Marc Augé, author of Non-lieux: introduction à une anthropologie de la surmodernité (1992), pens his first work of fiction with Journal d’un SDF, which, he notes, is more precisely an “ethnofiction,” which he defines as “[u]n récit qui évoque un fait social à travers la subjectivité d’un individu particulier ” but is not an “autobiography” or a “confession” (8). He includes Candide and Montesquieu’s Persian as characters of ethnofiction, but whereas they look at the world “pour s’en étonner,” today’s ethnofictional character “découvre la folie du monde” (11). Augé clarifies that anthropologists, unlike novelists, take recourse to fiction so they can tell a whole story, moving beyond objective ethnography through the deployment of imagination to round out the picture of how an individual lives certain social experiences. Also unlike the novelist, the author of ethnofiction writes from the point of view of a hero with whom the reader is not meant to identify, but learn something from, about a world he or she does not or cannot otherwise know. Augé’s hero is a middle-class Parisian, a tax inspector who has just retired. The problem is, with alimony payments to one ex-wife, and another who will no longer be sharing the rent, his retirement income is insufficient for him to stay in his apartment, or in any other apartment in Paris for that matter. Moreover, he has always dreamed of flight, of not being beholden to anyone, and if he is ever going to realize his dream, the moment seems perfect for trying it out. An antiques dealer offers him a pittance for his furnishings. With that money, plus the security deposit that will be returned to him at the end of the month, what remains in his checking and savings accounts, and what he gets when he liquidates his retirement fund (about sixteen thousand Euros altogether), he should be able to manage for a while, living out of his old Mercedes. In fact, he starts to practice sleeping in the Mercedes before he has to leave his apartment and discovers it is comfortable enough. With no family left and no real friends, he does not have much explaining to do. His greatest concern is where to park his car at night so as to not be disturbed by the police. But this provides him with what seems a welcome opportunity to get to know his neighborhood. There is also the question of personal hygiene, which would be the telltale sign of his homelessness. What follows in the journal are the details of how he manages this day-to-day living while keeping up appearances as he becomes a regular at a neighborhood restaurant and bar. He is conscious of the fact that, for the time being, he is “un SDF de luxe” (33). Also, the weather is on his side as spring has just begun. He relishes the discoveries he makes each day, the street characters he comes to know, the surprising architecture , the loveliness of the local park. Even various women are attracted to him, mostly artist types, including one who knows he is living out of his car. Readers will be curious to find out what happens to Augé’s hero. Whether or not Augé’s distinction between enthnofiction and fiction holds, what remains most important Reviews 1191 for this reader is whether or not the story is good. Augé’s story is good, if not always plausible, and he writes beautifully. Ethnofiction or not, however, it probably needed to be about one hundred pages longer to constitute a fully-developed, convincing work. Union College (NY) Michelle Chilcoat AZZEDDINE, SAPHIA. La Mecque-Phuket. Paris: Léo Scheer, 2010. ISBN 9-782756-10263-4. Pp. 202. 17 a. Dans son troisième ouvrage, la romancière remet en question la religion musulmane, signale les difficultés d’intégration et termine par une évasion émancipatoire . La plupart...

2005 ECJ Direct Tax Cases

This covers the major direct tax cases on direct taxation decided by the European Court of Justice (ECJ) in 2005, including Schempp (cross-border alimony payments) and Marks & Spencer (cross-border losses).

The Day We Exist Again

I'm standing in front of a gated garden of wildflowers in New York City, beside the old water-pumping station at 119th Street and Amsterdam, where told my father to meet me. It's my street, but didn't tell him it's my street. My mother tries to keep each new address a secret from him, and my instinct, however flustered was by his call, was to follow her lead. It wasn't until hung up that realized how very not-covert a meeting place I'd chosen, and kicked myself for not thinking of the cathedral on 112th instead. It's September, but the weather hasn't cooled much yet, and my cell phone has grown slippery at my cheek. My boyfriend, Rich, is on a business trip, and should probably let him go, but I'm clinging to the phone as if he could make this easier somehow, and I'm wishing he were here and were holding on to him instead of this hot silver rectangle; except that would mean that he, too, would have to deal with my and that would be too much, too embarrassing. then I'm glad it's only me. This is like some gross, incestuous date, say. I feel so weird. can't decide where, or how exactly, to stand. Why am doing this? So don't do it, then, Rich says. makes you miserable-forget about You don't need him. He's my father, retort, more from reflex than conviction. I can't just forget about him. In our two years of dating Rich has barely heard a redeeming word about this man, and still it stings to hear him say take a deep breath and exhale it slowly. OK, can do this, say. And am not going to cry. Privately, also decide that am not going to sweat, that will be cool. He's always on time. He likes to look around, or talk to people. Where is he? Then spot him across the street, talking to a Columbia University security guard in a glass booth beside a service entrance. Oh my gosh, he's so ... old. His black hair is sprinkled through with far more gray than the last time saw him, making me feel as though ten years have passed, not three. My parents divorced when was fourteen, and more or less since then he'd been skipping alimony payments, threatening my mother, and stealing or vandalizing her property. Eventually, whenever something bad happened-car trouble, a flat tire-we were left to wonder whether it was bad luck, road construction, or Just after finished college, his threats escalated to the point that became afraid for my mother, and finally told him that he could talk all he wanted about how this wasn't my business, but until he started acting like a decent human being wasn't listening anymore. hadn't expected him to stop talking. My mother and my two sisters and are all close, and while did feel his absence, the four of us were fine together. Well-intentioned relatives would try to pursue conversations about how difficult divorces were on teenagers, wanting us to talk about our feelings. What they didn't realize was that it wasn't the divorce that was so upsetting-their marriage had been a bad one, and each of us was relieved to have it end. What hurt was the realization that our father wasn't the kind of father that as young girls we imagined we had. The greater disappointment was that, instead of setting the mark we held all other men up to, our father had become the most dangerous man we knew. walk to the corner and wait, hoping he doesn't see me before the light changes; don't want to have to maintain eye contact from this distance. Rich has changed his support tactic and is now saying things like, You're going to be fine. You can do this. decide to appear so engrossed in conversation that haven't noticed my father across the street, though now can't think of anything to say. Even with four wide lanes of traffic between us, can see how tan he is. He has always been tan from working outside, fixing generators for a local utility company, but now he's retired and it's a more golden tan from golfing in Florida. …

Contacts between Divorced and Non-Divorced Parents and Their Adult Children in the Netherlands: An Investment Perspective

This article addresses descriptive and explanatory research questions on the contact frequency between divorced parents and their adult children. The survey Divorce in the Netherlands 1998 has data on the contact frequency between 803 divorced respondents and 214 non-divorced parents and 2,122 non-resident children older than 18 years. The data show that divorced fathers have less contact with their adult children than fathers who did not divorce; for mothers the effects of divorce is small. To explain the lower contact frequency of fathers when compared with mothers, as well as the variation in contact frequency among divorced fathers, we use an investment perspective. We identify five investment factors: involvement in parenting during the marriage, the custody arrangement, pre- and post-divorce conflicts, alimony payments, and (not) starting a new family. About half of the effect of divorce on the contact frequency between fathers and adult children can be explained by the custody arrangement. Within the divorced, both the custody arrangement and remarriage explain the contact frequency, and the effects are equal for divorced fathers and mothers. We find only limited evidence that the involvement in parenting during the marriage, parental conflict, and the observance of alimony payment have direct effects on the contact frequency between divorced parents and their adult children.

The Ability of Women to Repay Debt After Divorce

SUMMARY This study uses questions on household repayment problems from the Panel Study of Income Dynamics to examine how the transition from marriage to divorce affects default rates by gender. The results show that divorced women are more likely to have repayment problems than divorced men and married-couple households. Further analysis reveals that divorced women who are receiving welfare are significantly less likely to default. Because average welfare benefits decreased in the early 1990s, the results suggest that this decrease provides a partial explanation for why the default rate increased between 1991 and 1995 for divorced women. The effect of welfare on the default rates of divorced men and married couples is insignificant. And there is no evidence that receiving child support and alimony payments significantly affects the probability of default.

The Determinants of the Prevalence of Single Mothers: A Cross-Country Analysis

This paper examines the effect of public assistance, labor market and marriage market conditions on the prevalence of single mother families across countries and over time. A multinomial logit derived from a random utility approach is estimated using individual-level data for 14 countries. I find evidence that increases in the level of public support are significantly and positively associated with a higher incidence of both never married and divorced mothers. The results also suggest that single mothers are more prevalent when female wages are lower. Higher male earnings and employment opportunities in a woman's marriage market appear to lead to fewer never married mothers, but more divorced mothers. Higher child support or alimony payments are associated with a higher prevalence of divorced mothers.

English Matrimonial Law on the Eve of Reform (1828–57)

The ecclesiastical courts, which until 1857 administered English matrimonial law, could not dissolve marriages, but they had important powers, including the power to decree a permanent separation, to order payment of alimony, to make an order for restitution of conjugal rights, and to annul a marriage on certain restricted grounds. The work of these courts deserves attention: though the amount of litigation was, by later standards, comparatively small, this is not a reliable indication that the influence of the law was slight; moreover, the ecclesiastical courts often showed considerable sympathy with the interests of women, inclining to some extent in their favour on several important points of law and practice.

The Obligation to Provide Maintenance Between Divorced Husband and Wife in Belgium

This research note summarizes some of our work on the allocation of maintenance (alimony payments) in Belgium, specifically the obligation of a husband to provide maintenance and the entitlement of his former wife to receive it following a divorce grounded in fault. The converse situation of a maintenance-obliged wife and a maintenance-entitled husband occurs only rarely, and it is excluded from our study. So too, we do not consider the obligations of either or both divorced parents to provide maintenance for their children.

Les débuts du droit de la famille en RSFSR : Pourquoi et comment ?

Wladimir Berelowitch, The beginnings of the family legislation in RSFSR. Why and how? The family legislation of the Soviet government was expressed in a series of regulations that shocked the mental habits, provoked passionate debates and still give rise, in our days, to interrogations as to their motives. This article endeavours to insert the family legislation of the 1920's in the Communist project as a whole. Expressing the will to destroy the existing family and to promote a transparent society in which matrimonial relations would be free from economic and legal compulsions, it was a contradictory attempt to abolish the old legislation by means of a law. The debates of 1925-1926 around the project of codification aimed at the part played by the Communist state in the regulation of family life. These laws, foreign to the Russian society of the time, destructive of its legislation, produced a series of "perverse effects" in matters of divorce and payment of alimony.

Disintegration of the family in the etiology of deviant behavior

The research discussed in this paper concerns the dysfunctional syndrome in problem families In Poland that causes maladjustment and deviant behavior of children. Those people shirking payment of alimony for children were surveyed. The results demonstrated that such families experience much worse material and housing conditions than average Polish families and that this syndrome of psychological, social, and material factors is associated with a high incidence of juvenile maladjustment and delinquency. Moreover, different kinds of deviant behavior of children tend to form a complex of syndromes. In only a few cases do they appear separately.

Economics of Alimony

THE first half of this decade has been a period active in divorce reform. Rapidly rising divorce rates, coupled with increased public tolerance of private behavior, have brought into question the state's role in regulating divorce. At this writing, at least thirty states permit divorce on grounds of breakdown or incompatibility.' The aspect of divorce law of particular interest in this paper is the provision of alimony. The great majority of states provide for alimony payments in the event of separation or divorce,; and although most jurisdictions authorize alimony to either spouse under appropriate circumstances, alimony is almost exclusively awarded to wives. In addition, the amount of the award tends to vary with the length of marriage, the number of children, and the husband's and wife's relative assets and earning power. In the first part of this paper, I develop a simple model of household production to illuminate the relevance of the length of marriage, number of children, and the wife's earning ability to an efficient determination of alimony. I show that if all marital income were perfectly divisible (i.e., no public goods) and if spouses could negotiate with each other and transfer income between themselves costlessly, a legal rule requiring mutual consent for divorce would be equivalent (in most respects) to one permitting unilateral divorce by either spouse. In the absence of these conditions, alimony serves as an efficient means of redistributing the property rights and assets of the marriage partnership between the spouses, enabling them to reach an optimal end-the dissolution of their marriage. I argue that the role of alimony is to compensate the wife for the opportunity costs she incurs by entering and investing in the marriage. As such, the award and enforcement of alimony payments by the

Marital Violence and the Criminal Process: Neither Justice nor Peace

Except when it occasionally results in a murder sufficiently bizarre to engender a front-page headline, marital violence has remained below the level of public consciousness. The iceberg quality of this problem is certainly related to the fact that middleand upper-class spouses tend to vent their aggressive impulses on one another through a buffer zone of separation agreements, eviction proceedings, divorce, custody battles over children, alimony payments, or any of a number of legal but expensive means of expressing the inability of two people to solve their differences within the same household. Violent public displays of marital discord occur with a frequency that should make the problem a major source of national concern and the object of carefully considered policies aimed at prevention, but they involve almost exclusively the very poor, and, niost acutely, the urban poor. The discrimination, poverty, and violence that illuminate the failures of our social policies find as significant and upsetting an expression in the steady stream of calls to police headquarters reporting acts of marital violence as in the more spectacular but ultimately less costly and more sporadic incidents of mass uprising. Social-policy makers and those in the helping professions have managed to avoid recognition of the need for intelligent social policies and services designed to cope constructively with the problems of marital discord. They merely dismiss the eruption of marital violence as criminal and do not notice that its causes and nature

Income Taxes. What Is Income. Alimony Payments by Divorced Wife's Father-in-Law under Agreement of Guarantee Includible in Wife's Gross Income

Income Taxes. What Is Income. Alimony Payments by Divorced Wife's Father-in-Law under Agreement of Guarantee Includible in Wife's Gross Income