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Алименты: произошли важные изменения в семейном законодательстве

11.08.2018 Раздел: Разное Комментарии: (144) Размер текста: A+ / A-

Новым законом было изменено содержание статьи 179 Семейного кодекса Украины (далее – СКУ), которая называется «Право собственности на алименты, полученные на ребенка».

В новой редакции эта статья имеет следующий вид:

«1. Алименты, полученные на ребенка, являются собственностью ребенка.

2. Тот из родителей или других законных представителей ребенка, на имя которого выплачиваются алименты, распоряжается алиментами исключительно по целевому назначению в интересах ребенка, также смотрите позовна заява про стягнення аліментів.
Несовершеннолетний ребенок имеет право принимать участие в распоряжении алиментами, полученными на его содержание.
3. Несовершеннолетний ребенок имеет право на самостоятельное получение алиментов и распоряжение ими в соответствии с Гражданским кодексом Украины».
Напомним, что ранее действующая правовая норма предусматривала иной подход к определению собственника алиментов. Считалось, что алименты, полученные на ребенка, являются собственностью того из родителей, на имя которого они выплачиваются, и должны использоваться по целевому назначению.

А несовершеннолетний ребенок лишь имел право принимать участие в распоряжении алиментами, полученными на его содержание.

alimenty-640x394Следует еще раз подчеркнуть: по новым правилам денежные средства, полученные в виде алиментов, являются собственностью самого ребенка, а не того родителя, с которым ребенок проживает, или на имя которого алименты выплачиваются.

И, во-вторых, если ранее говорилось о том, что алименты «должны использоваться по целевому назначению», то сейчас закон более строг: родитель обязан распоряжаться алиментами «исключительно по целевому назначению в интересах ребенка», также смотрите где найти юридична допомога.

Имеют ли эти законодательные изменения какое-либо практическое значение? Безусловно, да. Как показывает практика, довольно часто у плательщиков алиментов возникают жалобы на нецелевое использование алиментов. Например, такая типичная ситуация. Отец ребенка – плательщик алиментов регулярно и в полном объеме по решению суда платит алименты своей бывшей жене – матери их совместного ребенка.

Однако самостоятельно он не может добиться от матери их ребенка хотя бы минимального отчета в том, куда и на какие нужды были потрачены деньги, полученные в виде алиментов, так как сохраняются неприязненные отношения. Отец ребенка не знает, сколько денег было потрачено непосредственно на ребенка.

Поэтому у этого родителя неизбежно возникают подозрения в том, что бывшая жена вместо того чтобы тратить алименты на ребенка, расходует их на себя, свою новую семью или потребности других членов своей семьи. Теперь в таких ситуациях у плательщика алиментов появилось значительно больше правовых аргументов для обоснования своих требований по поводу отчета о том, куда и как были потрачены деньги. Ведь алименты теперь являются собственностью самого ребенка, а родитель имеет право потратить их исключительно по целевому назначению и только в интересах ребенка, более подробнее смотрите на сайте http://miy-advokat.com.ua.

Алименты: произошли важные изменения в семейном законодательстве Reviewed by Vash-Remontik.ru on . Новым законом было изменено содержание статьи 179 Семейного кодекса Украины (далее – СКУ), которая называется «Право собственности на алименты, полученные на ре Новым законом было изменено содержание статьи 179 Семейного кодекса Украины (далее – СКУ), которая называется «Право собственности на алименты, полученные на ре Rating: 0
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