The institution of alimony is one of the key guarantees for protecting socially vulnerable family members — children, disabled parents, spouses, and other relatives. Its essence lies in the obligation to provide financial support to those who objectively cannot meet their basic needs on their own. In the Republic of Uzbekistan, alimony relations are regulated by the Family Code of April 30, 1998, as well as by a number of by-laws and court practice.
Alimony represents mandatory monetary or in-kind payments from one family member to another, aimed at meeting their basic needs. They have a strictly targeted nature, are inextricably linked with the institution of kinship and mutual family assistance, and are governed by public order rules, which exclude the possibility of a complete waiver of alimony obligations.
Types of Alimony Obligations
Family law in Uzbekistan distinguishes several categories of alimony obligations:
Obligations of parents to support minor children (Articles 96–99 of the Family Code).
Parents are required to provide for their children until they reach adulthood.
The amount of alimony is determined as a share of income:
The minimum amount of alimony may not be less than 26.5% of the minimum wage per child.
Support for adult disabled children (Articles 100–101).
Parents must provide for adult children who are disabled or in need of assistance.
Alimony for parents (Articles 118–119).
Adult children must support disabled and needy parents.
Alimony between spouses (Articles 120–122).
A dependent spouse, as well as a former spouse in cases directly provided for by law, may have the right to alimony.
Alimony for other family members (e.g., grandchildren, grandparents, siblings — Articles 123–127).
Forms and Procedure for Collecting Alimony
Alimony may be paid:
The court, based on the circumstances of the case, may:
Exceptional Cases
The law provides for the possibility of:
Social and Legal Significance of Alimony
The institution of alimony performs a dual function:
In Uzbekistan, alimony represents not only a legal obligation but also a social and moral duty based on the principle of family solidarity. Modern practice shows the need for further improvement of the mechanism for collecting alimony, including the digitalization of enforcement proceedings, strengthening liability measures for evasion, and expanding guarantees for children in difficult life situations.
Main Types of Alimony in Uzbekistan
|
№ |
Obligated Person |
Recipient of Alimony |
Amount/Form of Payment |
Special Conditions |
|
1 |
Parents |
Minor children |
- 1 child — 1/4 of income; - 2 children — 1/3 of income; - 3 or more — 1/2 of income; minimum — not less than 26.5% of the minimum wage per child |
May be increased/reduced by court depending on financial situation; may be set in a fixed sum |
|
2 |
Parents |
Adult disabled children |
Fixed monetary amount (by court decision) |
The financial situation of the parents is taken into account |
|
3 |
Adult children |
Disabled parents |
Fixed monetary amount (by court decision) |
Obligation also applies to adopted children and adoptive parents |
|
4 |
Spouse (former spouse) |
Disabled needy spouse |
By agreement or court decision |
Payment possible after divorce |
|
5 |
Children, grandchildren |
Grandparents |
By court decision |
In the absence of other sources of support |
|
6 |
Siblings |
Minor or disabled brothers/sisters |
Fixed monetary amount |
If it is impossible to obtain support from parents |
|
7 |
Parents |
Children placed in childcare institutions |
Same as for minor children (Art. 99) |
Alimony is accumulated in the child’s account and paid upon reaching 18 years |
Alimony for Minor Children
Alimony for children is monetary or other forms of material support provided by parents to ensure their maintenance, upbringing, and development. This obligation has a public-law nature since its enforcement is guaranteed by the state and, in case of evasion, is ensured through judicial proceedings.
The law is based on the principle of equality of parental duties (Art. 97), regardless of their marital status, employment, or income level.
Grounds for Arising of Alimony Obligations
Amount and Procedure for Collecting Alimony
The Family Code sets the following norms (Art. 99):
The minimum amount of alimony per child cannot be less than 26.5% of the minimum wage. The court may reduce or increase the amount of alimony taking into account the financial situation of the parties.
Forms and Methods of Payment
Additional Expenses
Parents must participate in additional expenses for the child (treatment, rehabilitation, etc.), which is established in Art. 103. The court may distribute these expenses proportionally to the financial situation of the parties.
Reduction and Exemption from Alimony
The court may reduce the amount of alimony or exempt from its payment in cases of:
Special Cases of Alimony Collection
Role of the State and Judicial System
The state guarantees the protection of the child’s right to maintenance by:
Liability for Non-Payment of Alimony
|
Type of Liability |
Grounds for Application |
Measures |
Legal Basis |
|
Civil |
Failure to fulfill alimony obligations, formation of debt |
- Recovery of debt through court; - Indexation of the amount; - Setting alimony in a fixed sum |
Family Code (Arts. 96–105), CPC |
|
Enforcement proceedings |
Non-payment of alimony after court decision |
- Wage garnishment; - Seizure of property; - Travel ban; - Restrictions on use of transport and credit |
Law “On Enforcement Proceedings”, practice of Bureau of Compulsory Enforcement |
|
Administrative |
Evasion of alimony payment without valid reasons |
- Fine; - Community service; - Administrative arrest (short-term) |
Code of Administrative Responsibility |
|
Criminal |
Malicious evasion of alimony payment (systematic, intentional) |
- Fine; - Corrective labor; - Restriction of freedom; - Imprisonment (in severe cases) |
Criminal Code (Art. 122 — “Malicious evasion of maintenance for children or disabled parents”) |
|
Family-law |
Malicious evasion of alimony and improper fulfillment of parental duties |
- Deprivation of parental rights; - Restriction of rights; - Removal of the child |
Family Code (Arts. 79, 83) |