According to statistics, the number of divorces in Azerbaijan is increasing year by year. One of the most important issues for the parties during divorce is alimony (child support). Parents want to know under what conditions alimony is paid, how the amount is calculated, and what measures are taken if it is not paid.
In this article, you will find detailed information about the rules for paying alimony, as well as the right to claim alimony during divorce and even during marriage.
What Is Alimony and Who Must Pay It?
Under Azerbaijani legislation, parents are obliged to support their children. This obligation applies to both parents, not just one. Even during marriage, if one parent fails to meet the child’s needs, the other parent has the right to apply to the court and claim alimony.
📌 Note: Alimony is a legal payment that can be claimed by both mothers and fathers. The rights of women and men are equal before the law.
How Is Alimony Amount Determined During Divorce?
If parents sign an agreement regarding child support during divorce, the agreed amount is paid. If no agreement is reached, the court determines alimony as follows:
- For 1 child – one quarter (¼) of earnings or other income
- For 2 children – one third (⅓) of earnings or other income
- For 3 or more children – one half (½) of earnings or other income
The court may increase or reduce these ratios by considering the financial situation of the parties and other special circumstances.
Alimony in a Fixed Amount
In some cases, alimony may be determined not as a percentage of income but as a fixed monetary amount. Such cases include:
- the payer has no officially registered income;
- income is received in foreign currency or in kind;
- income is unstable;
- the child’s interests are at risk.
In such situations, the court may apply a fixed amount or a mixed model (both percentage-based and fixed).
How Is Alimony Determined When There Is More Than One Child?
If, during divorce, children are divided between the parents (for example, one child stays with the mother and the other with the father), alimony is paid to the less financially secure party.
When making a decision, the court also considers the child’s previous living conditions to ensure that the divorce has minimal impact on the child’s social well-being.
What Measures Are Taken If Alimony Is Not Paid?
If the person obliged to pay alimony avoids payment voluntarily:
- A bailiff investigates the person’s income and property;
- A deadline is set for voluntary payment;
- If payment is not made, fines or even imprisonment may be imposed by court order.
Conclusion
Alimony is a legal obligation aimed at ensuring the well-being of children both during marriage and after divorce. Correct determination of the amount, protection of children’s interests, and timely payment of alimony are the shared responsibility of both parents.
📌 If you have questions regarding the calculation, payment, or court process related to alimony, our team of lawyers and legal experts is ready to assist you. Contact us and protect your rights in alimony matters.
