Право і безпека (Dec 2021)
The right of the wife to maintenance during pregnancy and in the case of living with her child under the age of three
Abstract
The problems of exercising the right to maintenance from a man for a pregnant woman and a woman who a child under the age of three lives with were examined. The purpose of the study is to formulate theoretical provisions and practical recommendations for the application of norms governing the exercise of a woman's right to maintenance. A comparative legal method of research was used to determine the procedure for a pregnant wife and the wife who the child under the age of three lives with to exercise the right to maintenance from the child's father-husband. The analysis of court cases on the recovery of alimony for the maintenance of a pregnant wife and / or wife who a child under the age of three lives with was carried out using the method of systematic analysis. A study of the current family law of Ukraine, which regulates the rights and obligations of spouses with respect to maintenance, and an analysis of the practice of the courts in cases involving maintenance for a pregnant wife and a wife who the child under three years lives with, concluded that the provisions of Art. 5 st. 84 of the FC of Ukraine makes it impossible for a pregnant wife to exercise her right to maintenance from her husband during pregnancy. It was emphasized that the court should assess the husband's ability to provide financial assistance to his wife on the basis of a study of a number of legal facts that characterize his financial situation. The author believes that all types of maintenance of family members and relatives, provided by the family legislation of Ukraine, have the same legal nature and require the same legal regulation. In view of this, it has been concluded that failure by a husband to pay maintenance to a pregnant wife or a wife living with a child under three years old may be punished by liquidated damages (penalty), Art. 196 FC of Ukraine The lack of criminal liability for evasion of alimony for the maintenance of a pregnant wife and / or wife who the child under the age of three lives with is a gap in current legislation that should be eliminated by amending Art. 164 of the Criminal Code of Ukraine.
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