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I need new alimony laws, I'm paying alimony. How much alimony should I pay for one child if I don’t work anywhere right now? Bailiffs say you pay one-fourth of the average salary in Uzbekistan, think, if a person does not work, where will he get this money? For example, now the average salary in Uzbekistan is 4 soums, of which 280000/4, ie 1 soums for a person who does not work or 75 soums a month from his profession without working in public institutions. That's a lot of money for a dead man, after all. I have a family, I have a child. So what is the amount of alimony for a person who is currently unemployed or whose income is changing? Please explain this in detail. Andijondan Abdullo.
About the order of payment of alimony to minor children of parents Family Code of the Republic of UzbekistanArticle 98 of the Constitution provides that parents have the right to determine by mutual agreement the procedure for payment of alimony for the maintenance of their minor children. The agreement between the parents on the procedure and form of payment of alimony for the maintenance of minor children must not contradict the rules established by law and the interests of the child.
Family CodeAccording to Article 99 of the Criminal Code, if there is no agreement between the parents on the maintenance of their minor children, alimony for their maintenance is paid by the court to one of the parents' monthly salary and (or) other income. for a child - a quarter; for two children - one-third; for three and more children - half. The amount of these payments may be reduced or increased by the court, taking into account the financial or marital status of the parties and other relevant circumstances.
According to Article 102 of this Code, the procedure for determining the amount of alimony collected from parents to children is as follows:
The amount of alimony collected from parents to children may be determined in the form of shares in relation to the monthly salary and (or) other income of the alimony payer or in a fixed amount paid in cash.
If the salary and (or) other income of the parent who is obliged to pay alimony is not always the same and fluctuates, or if he receives a part of his income in kind, it is also possible to collect alimony as a share of income. Otherwise, or if the parent does not have an officially established salary or income, the amount of alimony to be paid for the maintenance of minors may be set at a fixed amount to be paid in cash each month.
According to the Code, the following income is taken into account in the collection of alimony:
Alimony is deducted from all types of income received in cash or in kind in the territory of the Republic of Uzbekistan and abroad.
Income received in foreign currency is calculated in soums at the official exchange rate of the Central Bank of the Republic of Uzbekistan in force on the date of alimony collection.
It is also possible to reduce the amount of alimony or exempt from paying alimony altogether. Family CodeAccording to Article 105 of the Constitution of the Kyrgyz Republic, if there are other minor children of the alimony-paying parents, and when alimony is collected from them in the amount established by law, those children will be less financially supported than children receiving alimony. as well as the amount of alimony may be reduced by the court if the alimony-paying parent is disabled and is in financial difficulties, or if the alimony recipient has an independent income.
If the minor is fully supported by state or non-state institutions, the court may decide to reduce the amount of alimony paid or exempt him from paying alimony, taking into account the financial situation of the alimony-paying parent. possible.
Upon completion of the circumstances that are the basis for the reduction of the amount of alimony or exemption from its payment, the interested party has the right to apply to the court, demanding the recovery of alimony in the amount prescribed by law.
In the event of a change in the alimony payer's financial situation or other reasons, in accordance with Article 132 of the Code, a preliminary agreement between the parents on the payment of alimony may be terminated at any time with the consent of the parties. can be changed or canceled. Change or cancellation of the agreement on the payment of alimony shall be made in the same form as it was concluded.
It is not allowed to unilaterally refuse to perform the alimony agreement or unilaterally change its terms.
In the event of significant changes in the financial or marital status of the parties and their inability to agree on the amendment or termination of the alimony agreement, the interested party may amend or terminate the agreement. has the right to sue. The court must take into account any interests of the parties that may be taken into account when deciding whether to amend or terminate the alimony agreement.
According to Article 138 of the Code, the alimony payer must notify the bailiffs and the alimony recipient within three days of any change in work, place of study and residence, as well as additional work or other income.
In case of failure to report the information specified in the first and second parts of this Article within the established period for unjustified reasons, the employer and the person paying alimony, who are obliged to withhold alimony, shall be held liable in accordance with the law.
According to Article 146 of the Code, if the financial or marital status of one of the parties changes after the court determines the amount of alimony, the court may change the amount of alimony at the request of each of them or pay alimony to the person who is obliged to pay alimony. has the right to exemption. When changing the amount of alimony or exempting it from payment, the court has the right to take into account other interests of the parties, which should be taken into account.
Labor Code of the Republic of UzbekistanAccording to Article 60 of the Criminal Code, a person between the ages of sixteen and entitled to a pension, who does not have a job and salary (income), is registered with the local labor authority as a job seeker. an able-bodied person who is received, ready to work, to undergo vocational training or retraining, to improve his / her skills, is recognized as unemployed. It turns out that in order to be recognized as unemployed, you will need to register as a job seeker with your local employment agency. Republic of Uzbekistan Law on EmploymentPursuant to Article 3 (2) of the Criminal Code, persons who have twice refused a suitable job offered within 10 days from the date of registration in the public employment service shall not be recognized as job seekers and the offered job shall not be recognized. will be entitled to re-registration as unemployed only after 30 calendar days from the date of refusal. The procedure for registration as unemployed is determined by the normative acts of the Republic of Uzbekistan.
To persons declared unemployed by the relevant authority Labor codeand Law on EmploymentUnemployment benefits are paid in accordance with Article 26 of the Criminal Code. Article 65 of the Code and Law on EmploymentArticle 29 sets out its terms and conditions. Unemployment benefit is granted to a person recognized as unemployed from the date of his registration with the local labor authority as a job seeker. An unemployed man under the age of thirty-five, who has up to three dependents, is entitled to an unemployment benefit if he participates in paid public works in accordance with the procedure established by the Cabinet of Ministers of the Republic of Uzbekistan. The right of an unemployed person to a pension shall come into force on the evening of the eleventh day from the date of his registration as a job seeker.
Unemployment benefits at most:
twenty-six calendar weeks for a period of twelve months to a person who has lost his job and work (earnings) or is trying to resume work after a long (more than one year) break;
a person who has not worked before and is looking for a job for the first time will be paid within thirteen calendar weeks.
An unemployed person must look for a job during the retirement period and undergo a visit to the local labor authority at least once every two weeks.
Law on EmploymentThe procedure for determining the amount of unemployment benefits in accordance with Article 30 is set out as follows:
1. Unemployment benefit for persons deprived of work and employment (income) is determined as a percentage of the last year's salary at the previous place of work. In all other cases, the unemployment benefit is set as a percentage of the minimum wage.
2. Unemployment benefits for children under the age of 16 and other dependents will be increased by 10 percent.
3. The amounts of unemployment benefits shall be assigned to persons living in places where wage coefficients are established, for the period of their stay in these places, applying the coefficient established to employees of non-manufacturing industries in that place.
4. The amount of unemployment benefits must be indexed in the prescribed manner.
Refusal to pay the prescribed alimony or otherwise resisting the actions of bailiffs may result in criminal liability. Criminal Code of the Republic of UzbekistanArticle 122 sets out the following rule:
“Article 122. Refusal to provide financial support to minors or disabled people
Refusal to provide financial support to a minor or incapable person in need of financial assistance, ie a total of three months from the date of the court decision to provide for their financial support non-payment for a long time, -
is punishable by a fine of up to fifty times the minimum monthly wage or up to two years of correctional labor or up to six months of imprisonment.
If the act was committed by a dangerous recidivist -
is punishable by two to three years of correctional labor or up to three years of imprisonment. ”
the existence of a valid court decision on the payment of financial support to a minor or disabled person in need of financial assistance;
non-payment of this amount for a total of more than three months.
15. Explain to the bodies of inquiry, investigation and courts that the total period of indebtedness for criminal prosecution of a minor for disability, as well as for refusal to provide for a parent is less than the sequence of debts. It should be three months.
In this case, the refusal to provide financial support to minors or incapable persons must be understood as the fact that the person does not pay the full amount of alimony established by the court document.
16. It should be borne in mind that Family CodeAccording to Article 140, if the person who is obliged to pay alimony did not work for a certain period, the alimony debt is calculated on the basis of the average monthly salary in the Republic of Uzbekistan at the time of debt collection .
Family CodeIn accordance with the requirements of Article 141 of the Code of Administrative Offenses, full or partial exemption from payment of alimony debts in the amount specified in the court document is allowed only in court.
Therefore, in the absence of a court decision on full or partial exemption from the payment of alimony, the refusal to pay alimony on the grounds of the seriousness of the financial and family situation of the person, Article 122 of the Criminal Code should not be taken as an exception to criminal liability.
17. Obstruction of execution of a judicial act by a person who refuses to provide material support to a minor or incapable person, as obstruction of execution of a judicial act is a separate crime, together with Article 122 of the Criminal Code, Article 232 of the Criminal Code will be additionally qualified with ”.
Continuation of the refusal to perform a judicial act, which imposes an obligation to commit certain actions or refrain from them, after the imposition of an administrative penalty, as well as to impede the execution of a judicial act, -
is punishable by a fine of up to XNUMX times the minimum wage or up to three years of correctional labor or up to three months of imprisonment.
If those acts were committed by an official, -
is punishable by a fine of XNUMX to XNUMX times the minimum wage or up to five years of deprivation of certain rights, or three to six months of imprisonment or up to five years of imprisonment. ”
“Article 140. Determining the amount of alimony debt
The amount of alimony debt is determined by the bailiff based on the amount of alimony specified in the court decision or notarized agreement on the payment of alimony.
Pursuant to Article 99 of this Code, the amount of alimony debt paid to minors shall be calculated for the time when alimony is not collected, based on the amount of salary and (or) other income of the person who is obliged to pay alimony. If the person who is obliged to pay alimony did not work during this period or did not provide documents confirming his salary and (or) income, alimony at the time of collection of alimony is equal to the average monthly salary in the Republic of Uzbekistan is calculated according to. If such determination of the debt seriously harms the interests of one of the parties, the party whose interests have been harmed has the right to go to court. The court may determine a fixed amount of debt to be paid in cash, taking into account the financial and marital status of the parties and other circumstances worthy of consideration.
Article 141 Exemption from payment of alimony debt
Exemption or reduction of alimony debt in accordance with the agreement between the parties is allowed only with the mutual consent of the parties, except in cases where alimony is paid to minors.
If the court finds that the person who is obliged to pay alimony has not paid alimony due to illness or other valid reasons, and finds that his financial and family situation does not allow him to pay the alimony debt, the alimony payer therefore, it has the right to release him in full or in part from the payment of alimony debts.
