LAWYER’S OPINION
Alimony, or rather monthly support, is one of the important segments in divorce proceedings.
This is how a lawyer, jurist sees it, and in the continuation of my comment or article, whatever, we see it, those to whom this concerns and whose children it concerns.
Dear Colleague,
I have read your blog very carefully and it contains information of importance to parents, especially those receiving monthly child support, however!
As your blog spreads through social networks, it is necessary to either clarify some things or write another blog. From what you wrote, it would be clear to me as a layman that only the parent who does not have “custody” has the obligation to pay something to the other parent for the child. And to me, as a professional worker, only one thing is clear, that child support is “one of the basic postulates of the protection of the child’s rights, it provides an economic basis that is necessary for quality life and development.” and that other things related to the quality life and development of the child are not important or are much less important. As someone who deals with the phenomenon of divorce and everything that goes with it from the social aspect, I have to tell you that a series of things related to the quality of a child’s life is actually a series of postulates that we should all work on. I know, it’s clear, there is no proof of payment and the job of a legal representative is simple, a criminal complaint + a lawsuit for enforcement, a few hearings and the solution is there, both for the parent to whom child support is paid and for you, the legal representatives (believe that clients really that’s how they see it and lose confidence in the judiciary, and the purpose of this blog is to restore it). From Article 68 of the Family Law, which concerns the content of parental care, especially child care, we see that it includes: “guarding, raising, bringing up, education, representation, maintenance and management and disposal of the child’s property” and it is not clear to me why only maintenance , which is listed in the Law only in sixth place, was placed on the throne in your presentation.
I am sure that you know, and those who read your blog should also know, that abused or grossly neglected duties stemming from the content of parental rights are equal in weight, which is stated even in the same paragraph of Article 81 of the Family Law, which reads: “if avoids supporting the child or maintaining personal relations with the child with whom he does not live, i.e. if he prevents the maintenance of personal relations between the child and the parent with whom the child does not live” for what reason do I have to, and as a divorced parent with experience of gross neglect of duties arising from the content of parental rights on the part of the child’s mother and as someone who runs the Center for Shared Parenting and as an expert worker in social protection and as a lecturer at the university, let me say that emphasizing only one form of abuse of parental rights, easily proven, is a path that does not lead to the solution of conflict situations, but rather on the contrary, it encourages and gives the possibility of manipulation of those parents who independently exercise parental rights, whether they are one or the other half.
What would be useful for people going through a divorce are information and clarifications, some of which are listed in your blog: who is obliged to support the child and in what way, whether the parent with whom the child lives participates in the maintenance of the child, who is served by the monthly support, the so-called alimony, in what way is it preferable to pay monthly maintenance, how to prevent abuse of already paid monthly maintenance, to clarify monthly maintenance and investment in what someone wants for the child, that it is not the same, the deadline for paying monthly maintenance after which a lawsuit is initiated, the importance of an orderly maintenance, the possibility of suspending payments, the possibility of switching to child support directly after the age of 18 and others. Believe that this information is much more important to the givers and recipients of monthly maintenance because it has a social connotation. Let’s get out of the mathematical calculation, especially the calculation of one or both parents, which we have in most divorces. Judiciary includes a multidisciplinary approach in solving problems in proceedings, the solution is “mathematically precise”, according to the laws, and that path is important, especially for those who tread heavily on it.
I would be grateful for any comment or answer from you and the Open Doors of the Judiciary project itself, which aims to strengthen citizens’ trust in the work of judicial institutions in the Republic of Serbia and thus the welfare of everyone. So let’s go, let’s restore trust together, so that the parent who is obliged to pay monthly maintenance knows why he is doing it, and accepts it, if not with pleasure, then at least with understanding.
Author: Dejan Pavlović
