Alimonies in case of unconfirmed income of the parent

Jurisprudence 3/2014 Section: Discourse Page: 41-44

Keywords: allimonies, fiction of earnings, Family Act, now Civil Code

Abstract: The article deals with the determination of alimonies in case it is apparent that the parent intentionally conceals its earnings. It compares the legislation by the end of 2013 with the current provisions of sec. 916 of the new Civil Code. The author believes that the new treatment is better since it allows the use of a fiction of income, even if the parent does not show any of his earnigs or financial circumstances, not just the "other then non-employment taxable income" as it was according to the former § 85a of the Family Act. Article conversely criticizes the fact that the earnings determined by a fiction can now only be used when determining alimony of parents for minors and incapacitated child. It may not be used with adult children, which according to the author's opinion is unjust.

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