Aktualūs vaiko išlaikymo dydžio nustatymo klausimai.
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 tha.
- Articles / Straipsniai