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Alimony in Family Law of Uzbekistan

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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:

  • for one child — 1/4 of earnings;
  • for two children — 1/3;
  • for three or more children — 1/2.

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:

  • voluntarily — by agreement of the parties (notarized);
  • compulsorily — by court decision or court order.

The court, based on the circumstances of the case, may:

  • establish alimony as a share of income,
  • or in a fixed monetary amount (e.g., in case of irregular income of the payer).

Exceptional Cases

The law provides for the possibility of:

  • reducing alimony (if the payer has other children or is disabled);
  • exemption from alimony (e.g., if the child is fully provided for by the state);
  • recovery of additional expenses (in case of illness or disability of the child).

Social and Legal Significance of Alimony

The institution of alimony performs a dual function:

  • Social — ensures the protection of vulnerable family members, preventing them from falling into poverty.
  • Legal — enshrines the principle of mutual responsibility of family members and implements the constitutional provision on the protection of motherhood and childhood.

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

  • Parental duties — parents must support their minor children (Art. 96).
  • Court decision or order — in the absence of voluntary performance, alimony is recovered through court proceedings.
  • Claim by guardianship authorities or the child — if parents evade, the right to file a claim is granted to guardianship authorities, as well as to the child from the age of 14.

Amount and Procedure for Collecting Alimony

The Family Code sets the following norms (Art. 99):

  • for one child — 1/4 of the parent’s earnings and/or other income;
  • for two children — 1/3;
  • for three or more children — 1/2.

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

  • By parental agreement — a written agreement may determine the procedure and form of payments (Art. 98).
  • By court decision — deductions are made from wages, pensions, benefits, and other income (Art. 104).
  • In a fixed monetary amount — applied when the payer’s income is irregular or unofficial (Art. 102).

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:

  • the child being fully supported by the state;
  • the payer’s difficult financial situation (disability, having other minor children);
  • the child having independent income (Art. 105).

Special Cases of Alimony Collection

  • Placement of the child in a childcare institution — alimony is collected in favor of the child and accumulated in their bank account until adulthood (Art. 107).
  • Deprivation of parental rights — does not exempt from alimony obligations (Art. 81).
  • Separate residence of parents — alimony is collected from both parents if they evade support (Art. 96).

Role of the State and Judicial System

The state guarantees the protection of the child’s right to maintenance by:

  • judicial collection of alimony;
  • control by guardianship authorities;
  • setting a minimum amount of alimony;
  • applying enforcement measures through bailiffs.

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)

 

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