Issue: № 8, 2024
Doi: https://doi.org/10.37634/efp.2024.8.27
In the paper, the author conducted a scientific study of the peculiarities of the exercise of the right to maintenance in family law, the definition of the main ways of implementing this family law. It is noted that in the family law doctrine, there is a debate about the definition of this concept of this family law, its relationship with the category of "alimony" and with the corresponding family obligation to provide maintenance to another member of family relations. In the family law doctrine, the right to maintenance of a member of a family relationship is defined as the legal possibility of a member of a family relationship to receive maintenance, support, funds from another member of the family relationship; as a relevant property right of a participant in family relations; as related to such a right is a family duty that has both a legal and a moral obligation; as an element of a family relationship (alimony obligation, maintenance obligation). The rights to maintenance and to receive alimony are related as a whole and a part: the obliged person, exercising the right to maintenance of an authorized person, can carry out such maintenance based on his own capabilities and needs of the authorized person, without a formal award of alimony by the court (such funds will not be alimony, but will be maintenance). The concept of the right to maintenance includes the right to receive not only alimony, but also other payments aimed at supporting the other spouse in case of illness, the child in case of special circumstances (development of the child's abilities, his illness, disability, etc.). The legislation defines the following ways of exercising the right to maintenance (fulfilment of the corresponding obligation of another member of the family relationship): the right to maintenance is exercised through the provision of appropriate maintenance by the obliged party in kind or in cash with the consent of the spouses, an agreement between the parents (including in accordance with a concluded family agreement - a spousal agreement on the provision of maintenance, an agreement between parents on the payment of child support) or awarded by a court decision as alimony (which is paid from part of the income of the obligated party on a monthly basis, and by mutual agreement or in the event that the payer of alimony moves to a permanent place of residence in a state with which Ukraine does not have an agreement on the provision of legal assistance - in advance) or as additional expenses for a child.
Keywords : family right, a member of a family relationship, implementation of family right, family duty, fulfillment of family duty, the right to maintenance, alimony, additional expenses for the child
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