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In about 60 percent of cases, children do not benefit from divorce alimony

2024-05-14 12:22:02Biznes SHKRUAR NGA REDAKSIA VOX

In about 60 percent of cases, children do not benefit from divorce alimony

The alimony obligation is one of the main obligations of every parent towards his child, which exists not only during the marriage, but extends its legal effects even after its dissolution. Referring to the latest report of the Ombudsman on alimony, this obligation is not fulfilled by the majority of parents at the time of divorce.

Statistics show that at least 25% of the cases where the dissolution of the marriage is requested are families whose structure includes children, where the alimony obligation is therefore required.

Of these, 60% of court decisions on the payment of alimony have problems with implementation. Therefore, many children do not benefit from this payment, because the debtor parent may be an immigrant and the implementation of the decision by the competent bodies has not yet been carried out, may be informally employed and does not declare income, as well as other cases.

Albanian legislation does not provide for a fixed amount, to indicate how much the parent's food obligation will be to meet the needs of his child, but this is left in the hands of the court. Also, our legislation does not allow for the compensation of the maintenance obligation by the state and the establishment of a debit-credit relationship between the obliging parent and the state.

The value of the alimony is calculated taking into account the economic situation of both parents, as well as the child's age and material needs for growth and education. However, in most cases, the amount of pension determined by the court is insufficient to ensure the child's livelihood. If the value of the vital minimum would be determined by law, it would affect the increase in the value of the educational obligation and, consequently, in the improvement of the quality and standard of living of children.

The maintenance pension aims to meet the vital needs of the child, who does not have the capacity and legal ability to work, until the age when he becomes able to work. Financial obligations of parents who have not paid alimony to children, are searchable until the child reaches the age of 18 and in the case of university studies until their completion. This legal definition places the parents who do not pay the maintenance obligation in the capacity of the debtor.


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