Legislative Gaps in the Collection of Alimony for Minor Children

Protection of the rights and interests of the most vulnerable alimony recipients - minor children, is one of the most socially significant areas of family law regulation. The basic guarantees of the rights and legitimate interests of the child depend on the correctness of the normative fixation of the provisions on alimony and the quality of the mechanisms of its collection. The absence today of legal certainty in a number of provisions of alimony legislation on the forced collection of alimony, confirms the relevance of this study. Objective: to study the peculiarities of modern Russian legal regulation of judicial recovery of alimony for minor children, to identify the problems of legal regulation and to formulate specific proposals to change the legislation. Methodological basis: in the preparation of the research the general scientific dialectical method and special methods were used: system-structural, formal-legal, logical and comparative-legal. Results: the article comprehensively analyzes the shortcomings of legal technique and peculiarities of the current legislation concerning legal regulation in the field of alimony legal relations and forms proposals for their legislative elimination. The author sees that, despite the high prevalence of proceedings of a writ nature in cases of alimony collection, potentially higher efficiency of alimony payment belongs to the voluntary alimony agreement. Conclusions: the current state of legal regulation of the institute of alimony of minors, including the shortcomings of substantive and procedural nature, is characterized by imperfection and inefficiency of a number of normative provisions of the Family Code of the Russian Federation, which in turn may affect the stability and efficiency of court decisions, orders and needs to be reformed.