Urgent Questions in Establishing the Size of Child‘s Upkeep
##plugins.themes.bootstrap3.article.main##
Abstract
The character of parents Constitutional obligation to upkeep their underage children determines that special attention is ought to be given to fulfillment of this parental obligation as well as other obligations which directly condition securing of realization of natural child‘s needs. That is why the main aim of this article is to try to disclose urgent questions connected with size of child‘s upkeep and situation which determines suitability of carrying out parents obligation to support underage children, and that is done with the help of analysis of law doctrine and courts praxis.
The article surveys the most widely spread child‘s upkeep size establishing systems in the world and identifies their merits and flaws. It is marked that a percentage – income part system which was applied in Lithuania for a long time has been changed by a one of balance between needs and opportunities which is consolidated in the new Civil Code of the Republic of Lithuania and which is conditioned by shifted economic and social reality of society which has negated the economic equality of all society’s members, homogeneous quality of living, called pay and etc. Taking into account that right now establishing of the concrete size of upkeep is every time left to discretion of a court trying a case, the main criteria of determination of child‘s upkeep size are analyzed: child‘s needs and material situation of both parents. It is stated that until the present establishing the size of child‘s upkeep is based on evaluation of real income of parents method, while in other countries protection of child‘s interests calls forth a need to apply fictitious method of income evaluation. By revealing merits of this method it is being tried to base the possibility of using it in Lithuanian court praxis.
Current and probable priority implications in child’s rights and interests protection principle while establishing the size of child‘s upkeep are also analyzed in this article. It is stated that the mentioned principle may be seen not only as orientation criteria while evaluating other circumstances important for establishing the size of child‘s upkeep. It predetermines at least two processional peculiarities connected with distribution of court‘s role and arguing duty modifications in cases of discussed category. Taking into account that the system of establishing the size of child‘s upkeep based on balance of needs and possibilities is fixed in Lithuanian law system, opens quite big opportunities for application of priority child‘s rights and interests protection, it is stated that its importance in cases of this category has a tendency to rise.
The article surveys the most widely spread child‘s upkeep size establishing systems in the world and identifies their merits and flaws. It is marked that a percentage – income part system which was applied in Lithuania for a long time has been changed by a one of balance between needs and opportunities which is consolidated in the new Civil Code of the Republic of Lithuania and which is conditioned by shifted economic and social reality of society which has negated the economic equality of all society’s members, homogeneous quality of living, called pay and etc. Taking into account that right now establishing of the concrete size of upkeep is every time left to discretion of a court trying a case, the main criteria of determination of child‘s upkeep size are analyzed: child‘s needs and material situation of both parents. It is stated that until the present establishing the size of child‘s upkeep is based on evaluation of real income of parents method, while in other countries protection of child‘s interests calls forth a need to apply fictitious method of income evaluation. By revealing merits of this method it is being tried to base the possibility of using it in Lithuanian court praxis.
Current and probable priority implications in child’s rights and interests protection principle while establishing the size of child‘s upkeep are also analyzed in this article. It is stated that the mentioned principle may be seen not only as orientation criteria while evaluating other circumstances important for establishing the size of child‘s upkeep. It predetermines at least two processional peculiarities connected with distribution of court‘s role and arguing duty modifications in cases of discussed category. Taking into account that the system of establishing the size of child‘s upkeep based on balance of needs and possibilities is fixed in Lithuanian law system, opens quite big opportunities for application of priority child‘s rights and interests protection, it is stated that its importance in cases of this category has a tendency to rise.
##plugins.themes.bootstrap3.article.details##
Section
Articles
Authors contributing to Jurisprudence agree to publish their articles under a Creative Commons Attribution-NoDerivatives 4.0 International Public (CC BY-NC-ND) License, allowing third parties to share their work (copy, distribute, transmit) and to adapt it, under the condition that the authors are given credit, and that in the event of reuse or distribution, the terms of this licence are made clear.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
