VICTIMS OF A DEFECTIVE MARRIAGE

The specifics of mentality inherent in our society dictate the rules that are fundamental and obligatory for all loving hearts. Hence, the number of marriages in our country is increasing day by day. Unfortunately, the number of divorces is also growing. According to official statistics, while in 2008 the divorce rate amounted to about 10 per cent of all marriages, in 2013 it exceeded 13 per cent! The situation is serious and requires attention, as well as timely monitoring, analysis and, most importantly, awareness-building. As the time passes, however, the number of unintended victims of this unpleasant societal act - children - increases along with the number of divorces. Ensuring the observance of all of children's rights as well as their integration in society is both the main task and the main concern of social structures. The problem of child support is one of the greatest in society, in addition to pressure exerted by society on the divorced parent (usually, the mother) and the child. Often, it is difficult to ensure at least a minimal financial support necessary for life. It is no secret that single women left without support have to rely mostly on themselves because not all of them manage to "wring" alimony out of their ex-husbands.

"Victims" of divorce

Meanwhile, one should remember of not only the material but also the psychological effect on the "victims" of divorce. Despite the fact that Azerbaijan is a secular society, it is strongly influenced by traditions, even religious beliefs sometimes. Therefore, the divorce has a negative impact on the social status of women. Those who grew up in a traditional, patriarchal family are particularly vulnerable. Of course, such stereotypes prevail in the regions but they can be encountered in the cities too.

In these circumstances, the issue of fully providing for the minors is especially acute. However, many women who created a family along the religious lines, i.e. by concluding the kabin [Muslim marriage contract], and did not bother to secure legal guarantees in the form of official registration of marriage are not even aware that they have the right to maintenance from their negligent husbands. Moreover, child support payments can be recovered through legal proceedings if the ex-husband does not show the initiative to provide for his children.

However, there is no limit to ingenuity resorted to by the stronger sex in order to avoid payments: they plead the absence of official work, understate their real wages, etc. Non-payment of child support is often a way to make things lively for one's ex-wife, though it is children who suffer most.

Reviewing the law and foreign experience

The legislative framework for the issue of alimony is as follows. According to Article 19 of the Law on the Rights of the Child, parents have equal rights and duties in respect of their children. Development of children's abilities, respect for their moral and material rights and the protection of such rights are the absolute priorities for the parents. Under the Family Code, parents can conclude an agreement on supporting underage children. In the absence of such an agreement, the issue of monthly child support payments is decided in a court of law. The amount of alimony payments is legislatively defined as follows: a parent should pay a quarter of their earnings or other income for supporting one child, a third for two children, and a half for three or more children. In this case, the amount may by decreased or increased depending on the financial situation of the family and other important determinants. If there is no alimony agreement between the parents, the court may order that a certain amount be paid for the maintenance of a child (children). The size of such a payment is determined by the maximum possible amount and also depends on the same factors, i.e. financial position and financial possibilities. In addition, the law provides for the payment of child support to women who have lost their ability to work. The court order is binding, the alimony is to be paid within five days after the delivery of judgement and a notification is to be sent to the place of work of the payer. According to the latest amendments to the Family Code, a person who has not paid alimony cannot leave the country, while in accordance with Article 306 of the Criminal Code the non-payer must be brought to justice: negligent fathers face up to three years of imprisonment or a fine ranging from 500 to 1000 amounts of the minimum wage.

In the meantime, Germany demonstrates far greater rigor in dealing with non-payers of alimony. First, the "excuse" of not having a permanent job is not valid here. If a parent does not work, he must register with the employment fund which, in turn, undertakes to provide him with a job as soon as possible. Bailiffs have the right to forcibly employ the unemployed alimony dodgers, sometimes through labour exchanges. Labour exchanges give formal notice to the court of all the jobs proposed. Inventory of property as well as restrictions on leaving the country is a common practice in the fight against defaulters in European countries.

In Russia, the problem of child support is also acute; therefore it has to involve an arsenal of tools to deal with defaulters. One of the leading roles is played by social advertising designed to awaken the conscience and dormant paternal feelings: putting up posters around the town with real portraits of children, photos of deadbeat dads in public places, etc.

It's time to create an Alimony Fund

With a view to providing social support to divorced parents with children and based on international experience, the State Committee on the Rights of the Family, Women and Children suggested the creation of a special Alimony Fund. It will be funded from the state budget, while payments will be disbursed by law enforcement agencies. Its purpose is to provide support to those children whose fathers do not pay alimony.

Head of the State Committee's information-analytical department Elgun Safarov told R+ that this issue is still at the design stage. "Taking advantage of the experience of many European countries, we sent a proposal to establish a fund to many government agencies, the Milli Maclis [parliament] and non-governmental organizations. But a major problem here is funding. Before adopting a corresponding law, there should be funds allocated from the budget. We are waiting for the adoption of the new bill in the Milli Maclis. Following the example of Western countries, we would like to have a separate structure, the Fund proper, so that to ensure its most efficient operation, but until it is created, the function of funding could be vested with other structures, such as the Social Protection Fund," a State Committee representative said.

According Elgun Safarov, since the issue of alimony is quite sharp and has repeatedly been raised in the society, it would be best to ensure that families and minor children could receive benefits in any case, regardless of whether they receive child support, but this is again limited by government funding because there is no guarantee that the Alimony Fund can recover money from the defaulters.

Of course, the Alimony Fund is the right thing as it gives at least some guarantee for single mothers that they will not be left without a piece of bread. However, a long-term perspective should take into account both financial and moral responsibility of the parents, ensuring their further employment and the ability to compensate the money spent from the budget, as is the case in Western countries.

Interestingly, the idea of creating an alimony fund existed in the Soviet Union. In 1984, temporary benefits for minor children were introduced for the period of finding the location of parents not paying child support. However, this was a short-lived initiative.

European experience points to diversification of benefits: will they be continuously made by the State or be subsequently recovered from alimony defaulters? For example, in the Scandinavian countries and Germany, the man is obliged to repay his debt to the fund all the same. Otherwise, he is deprived of his freedom, but even in this case he has to work and repay the debt. This may be the best option when creating the Alimony Fund in Azerbaijan so that the burden of child support would not be placed on the state entirely. The recovery of money to the fund should be guaranteed.