Consideration of court disputes related to the recovery of alimony for minors

Theoretical and practical questions about the recovery of alimony for minors have not lost their relevance in modern Russia, since the legal regulation of family relations is always in the focus of attention of the state and society. The application of this institution in practice sometimes leads to a misunderstanding of the norms of law. The analysis made it possible to identify problems, which serve as an impetus for the infringement of the rights of minors.

The goals and objectives of the study are to consider specific issues that arise when the guardianship and guardianship authority applies with a joint application for the recovery of alimony and restriction/deprivation of parental rights, as well as the possibility of reducing the amount of alimony for minors, provided for in Article 119 of the Family Code of the Russian Federation, if the payer»s financial or marital status has changed.

The research methodology is based on private scientific and general scientific methods: formal-legal, comparative-legal, structural analysis.

As a result of the study, it was noted that the obligation of parents to support their children is unconditional, it is necessary to develop a unified approach to the consideration of cases on the application of the guardianship and guardianship authority on the restriction of parental rights and the recovery of alimony at the same time. A proposal has been made aimed at eliminating the identified problems when changing the amount of alimony for minors: it is necessary to fix in Article 119 of the Family Code of the Russian Federation that the birth of a subsequent child or the lack of financial opportunity to pay alimony in themselves are not grounds for reducing the amount of alimony.