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.
Downloads
References
Adamova, O. (2019). To the question on the concept of aliments, alimentary legal relations and the features of alimentary liabilities. Law Herald, 3, 117–122. https://doi.org/10.32837/yuv.v0i3.952.
Afanasieva, L. V. (2003). Maintenance relations in Ukraine [Candidate thesis, Yaroslav Mudryi National Law Academy of Ukraine].
Akhmach, H. M. (2009). Contractual legal relations of family members [Candidate thesis, Odessa National Law Academy].
Antoshkina, V. K. (2006). Contractual regulation of marital relations [Candidate thesis, Yaroslav Mudryi National Law Academy of Ukraine].
Borisova, V. I., & Krasitska, L. V. (2020). Alimony obligations of family members in the Family Law of Ukraine: problematic issues of theory and practice. Journal of the National Academy of Legal Sciences of Ukraine, 27(3), 28–47. https://doi.org/10.37635/jnalsu.27(3).2020.28-47.
Buriachenko, A. M. (2021). The concept and content of legal responsibility of spouses for failure to fulfill aliment obligations in family law. Uzhhorod National University Herald. Series: Law, 64, 94–97. https://doi.org/10.24144/2307-3322.2021.64.17.
Kozhevnikova, V. (2017). Legal regulation of the exercise and restriction of the right to maintenance of one of the spouses. Entrepreneurship, Economy and Law, 12, 35–39.
Krasvitna, T. P. (2019). Obligations of spouses to maintain according to the Family Law [Candidate dissertation, Kharkiv National University of Internal Affairs].
Masevich, M. G. (1968). Grounds for the occurrence of alimony obligations. Legal issues of family and upbringing of children, 1, 87–96.
Novokhatska, Ya. V. (2006). Legal regulation of spouses’ property relations (comparative legal aspect) [Candidate thesis, Yaroslav Mudrui National Law Academy of Ukraine].
Rabets, A. M. (1974). Alimony obligations between spouses. Tomsk University Publishing House.
Rogovich, L. N. (1978). Legal relations of spouses on material maintenance [Candidate thesis, Sverdlovsk Law Institute].
Romovska, Z. V. (2003). The Family Code of Ukraine. In Yure.
Safonchyk, O. I. (2008). Some issues regarding the maintenance of spouses under the legislation of Ukraine. Current Problems of State and Law, 43, 195–199.
Safonchyk, O. I. (2018). Marital relations in Ukraine: theory and practice [Candidate thesis, National University “Odessa Law Academy”].
Shershnova, O. A. (2013). Legal regulation of maintenance relations (alimony): terminological problem. Actual Problems of International Relations, 114(2), 67–72.
Truba, V. I. (2014). Types and legal nature of support relations. Odesa National University Herald. Series Jurisprudence, 19(3), 44–49.
Trufanova, Yu. V. (2020). Some types of alimony obligations. In I. S. Lukasevych-Krutnyk (Ed.), Problems of modern Family law (pp. 113–138). ZUNU.
Verkhovets, K. C. (2016). On the features of the spousal maintenance agreement. Chasopys Tsivilistyky, 20, 127–130.
Zhylinkova, I. V. (Ed.). (2008). The Family Code of Ukraine. Xylon.
Copyright (c) 2021 V. Yu. Yevko
This work is licensed under a Creative Commons Attribution 4.0 International License.
