International Journal of Law And Criminology
7
https://theusajournals.com/index.php/ijlc
VOLUME
Vol.05 Issue07 2025
PAGE NO.
7-11
10.37547/ijlc/Volume05Issue07-02
National Legal Regulation of The Law Applicable to
Alimony Obligations in The Legislation of Various
Countries
Kholikova Gavkhar
Doctoral student, University of World Economy and Diplomacy, Uzbekistan
Received:
12 May 2025;
Accepted:
08 June 2025;
Published:
10 July 2025
Abstract:
This article provides a comparative legal analysis of national regulations governing the law applicable to
alimony (maintenance) obligations in various countries. It explores how different legal systems
—
namely those of
the United Kingdom, Turkey, South Korea, France, and Germany
—
approach the determination of applicable law
in cross-border maintenance cases. The study focuses on both substantive and conflict-of-law rules, addressing
the role of international treaties such as the Hague Convention on the International Recovery of Child Support
and Other Forms of Family Maintenance. By examining legislative frameworks and judicial practices, the article
highlights key differences and commonalities in national approaches, contributing to a broader understanding of
the harmonization challenges in private international family law.
Keywords:
Alimony obligations, applicable law, national legal regulation, comparative analysis, United Kingdom,
Turkey, South Korea, France, Germany, family law, private international law, Hague Convention, cross-border
maintenance.
Introduction:
When giving a general description of
alimony obligations under the legislation of foreign
countries, it should be noted that in the current Family
Code, in many cases, the obligation of parents to pay
alimony to their children in case of divorce, as well as
the obligation of adult children to provide for their
needy parents, is mentioned. However, the legislation
of each country has its own peculiarities.
According to N.N. Tarusina, alimony obligation is a
property right within family law, which is a monetary
obligation payable by one family member to another
family member based on a court decision or mutual
agreement.
Alimony obligations occur between family members,
and in the current legislation, the term "benefit" is used
when the state is involved on one side and an individual
on the other, or when social-legal relationships occur.
If it is a family legal relationship in which family
members participate, then the term "alimony" is used.
Although alimony obligations are considered actions
that must be fulfilled, the payer's monthly salary and
other income are also taken into account when
implementing them. Therefore, alimony is the family
members' mutual property rights that have a personal
character and are strictly defined by laws mutual
property rights
METHOD
In the UK
, mutual alimony obligations are provided
between former spouses. Funds paid by one spouse to
another spouse must ensure their previous standard of
living. The legislation grants former spouses the right to
independently agree on the procedure and amount of
alimony payments. Based on this agreement, the court
will make a corresponding decision.
The legislation of Great Britain does not specify the
minimum or maximum amount of funds to be collected
for the maintenance of a former spouse. The deadline
for paying alimony for the spouses has also not been
established. When considering specific cases, the court
may, at its discretion, establish maintenance for life or
for a limited period.
In Great Britain, child support is paid until the child
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International Journal of Law And Criminology (ISSN: 2771-2214)
reaches the age of sixteen. If a child who has reached
this age is studying or undergoing vocational training in
an educational institution, the period for the payment
of alimony may be extended by a court decision,
regardless of whether they work or not.
France
. The dominant principle of French legislation
regarding the regulation of alimony obligations can be
expressed as follows: "After divorce, each spouse is
obligated, first of all, to provide for themselves."
Article 270 of the French Civil Code states: "Divorce
cancels the obligation of maintenance." However, its
other articles establish serious exceptions to this
principle and provide for sufficiently broad
opportunities for one spouse to provide for the other
under certain circumstances.
According to Article 281 of the French Civil Code, "in the
event of divorce based on the termination of joint life,
the obligation of the spouse initiating the divorce to
provide material assistance is fully preserved."
Consequently, in the case under consideration, the
plaintiff, who initiated the divorce, remains
economically obliged to provide for the other spouse
for a long, and sometimes unlimited, period of time.
In France, the payment of material assistance in favor
of one of the former spouses is suspended if he enters
into another marriage or enters into an open marriage
relationship with another person.
Unlike the criminal legislation of other countries,
Article 227-3 of the French Criminal Code clearly
defines the period (more than two months) for non-
execution of a court decision or a court-approved
agreement of the parties obligating a person to provide
material support in full to a child, parents, a relative of
the older generation, or spouse. Such a person is
punishable by two years of imprisonment and a fine.
German
legislation provides for a mutual obligation to
provide for the spouses during the marriage and after
its dissolution. When a marriage is dissolved, the
obligation to pay alimony is assigned to the husband or
wife who is materially better provided for. This creates
an opportunity for a low-income spouse to adapt to the
new conditions and achieve economic independence.
In general, German legislation is based on the principle
that each spouse should be self-sufficient. However,
property issues arising during divorce should be
resolved, first of all, through the redistribution of
property between the spouses. If such redistribution
does not ensure material equality for divorced spouses,
the economically weaker party has the right to demand
financial assistance and support from the economically
stronger party.
In most cases, the court determines the payment of
temporary alimony for a certain period of time, which
is considered necessary for the adaptation of the
spouse in need of assistance to a new way of life. The
court may assign alimony in the form of a monthly
payment or a lump sum payment. When the
subsequent marriage is legally registered, the spouse
loses the right to receive alimony from the previous
marriage. However, there is an exception to this rule: if
it is established that the husband from the subsequent
marriage cannot provide due support to his wife, the
right to demand maintenance from the husband from
the previous marriage is retained.
Property relations between parents and children
mainly depend on their mutual obligation to provide
alimony. It should be especially noted that German
legislation provides for the preferential right of children
born out of wedlock to receive monetary allowance.
Therefore, a person obligated to pay alimony for
several children must first pay alimony for their
illegitimate child. Moreover, the right of a child born
out of wedlock to receive support from his real father
does not end with his death, since this obligation passes
to his heirs.
Turkey's
Section 2 of the "Law on Private International
Law and Procedural Law" ("Milletlerarasi özel hukuk ve
usul hukuku hakkinda kanun") adopted on November
27, 2007, is called the Conflict of Laws (Kanunlar ihtilafi
Kuralları). According to Article 19 of this law
, claims for
alimony are based on the law at the place of permanent
residence of the alimony recipient. In accordance with
paragraphs 3 and 4 of Article 182, Article 327, and other
relevant articles of the Turkish Civil Code, the expenses
necessary for the care, education, and protection of
common children are borne by the mother and father.
Alimony paid for a child is called "İştirak nafakası," a
type of alimony paid by a parent who does not live with
the child as a result of a divorce or divorce proceedings
to another parent for the maintenance of the child. This
ensures that parents who are not guardians contribute
to the child's needs such as health, education, housing,
and clothing in proportion to their financial capabilities.
According to Article 328 of the Turkish Civil Code (Türk
Medeni Kanunu), the duty of parental care continues
until the child reaches adulthood. If the child has
reached adulthood but continues to study, parents are
obliged to provide material support until the child's
education is completed, to the extent that they can
pay, depending on the situation and circumstances.
According to Article 329, a mother or father, who is
actually caring for a minor child, may file a claim for the
recovery of alimony on behalf of the child against the
other. If necessary, a claim for the payment of alimony
may also be filed by a guardian or trustee appointed for
a minor who is unable to protect their rights ("gücüne
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sahip olmayan küçük"). A minor capable of protecting
their rights can also apply to the court for alimony
payments. Moreover, unlike our national legislation,
this law does not contain a procedure for collecting
alimony in a clearly defined amount. Article 330
provides for the procedure for determining the amount
of alimony, according to which the amount of alimony
is determined taking into account the needs of the child
and the living conditions and solvency of the parents.
When determining the amount of alimony, the child's
income is also taken into account. From this, it is clear
that the exact amount of child support is not
determined. The expenses of a child under school age
differ from the expenses of a child of middle school age
(including educational expenses, administrative
expenses, student transportation expenses, etc.).
Therefore, the benefit for a preschooler differs from
the benefit for a middle schooler.
The "Central Authority" is the addressee of requests,
appeals, court proceedings, and claims for the recovery
of accounts receivable for alimony domestically and
abroad from the Main Directorate for Foreign Relations
and the European Union. The Alimony Office, which
operates within this department, carries out its
functions in accordance with international treaties to
which Turkey is a party, relevant Turkish legislation,
and judicial precedents. The alimony payment
authority transfers applications submitted within the
republic to foreign central bodies or accepts
applications received from abroad, and also carries out
the necessary correspondence on these issues. In
addition, within the country, the Prosecutor General's
Office carries out the following functions: filing a
lawsuit and executing a foreign court decision that is
the basis for the recovery of alimony; applying for
execution; applying to the court to obtain a decision on
the payment of alimony or a decision on the recovery
of alimony from the authorized div; applying to the
authorized div to resolve alimony obligations
amicably (by agreement, mediation, etc.). Within the
framework of its special functions, the alimony office
carries out such tasks as conducting an investigation to
determine the place of residence and property of the
alimony debtor, filing a lawsuit to establish pedigree,
assisting in the collection of evidence, and takes other
necessary measures to ensure the recovery of alimony.
When performing the above-mentioned tasks, the
"Principle of Mutual Cooperation" is also taken into
account by country.
The most important condition for the implementation
of international agreements on alimony, to which
Turkey is a party, is the requirement that the alimony
recipient and the debtor reside in different countries
(exceptions exist). In claims for the recovery of alimony
against alimony debtors living in Turkey, alimony
recipients are obliged to apply to the central div of
the state of residence in accordance with the relevant
international conventions. Applications and other
correspondence are carried out through central bodies
proclaimed by member states that are parties to
relevant international conventions.
The next foreign country we will consider is South
Korea. In South Korea, issues related to alimony are
considered by family courts. Child support in Korea is
regulated in accordance with the Law "On Compulsory
Implementation and Support of Child Support
Payments," adopted on March 24, 2014. According to
it, the term "child support" is defined as "expenses
necessary for the protection and upbringing of a minor
or a child under 20 years of age." In many Korean court
decisions, Korean fathers and mothers have issued
positive rulings on the assignment of child benefits in
cases of non-fulfillment or refusal of child support
obligations. According to the law, a parent who does
not live with the child is obliged to provide financial
assistance monthly until the child reaches adulthood.
Therefore, claims for child support can be filed before
the child reaches the age of 20. A Korean court may also
order child benefits to be paid for past periods.
In addition, a Korean court may order a father who
does not live with the child to reimburse previously
incurred expenses for raising the child. If a parent who
does not live with the child continues to refuse to pay
child support, the parent raising the child may request
the court to seize the debtor's income or property to
fulfill the child support obligation.
The amount of child support is determined based on
the following factors: the financial capabilities of the
father who does not live with the child and the mother
raising the child; living expenses at the place of
residence of the minor; the number of children of the
father who does not live with the child; the state of
health of the child, requiring additional treatment
costs, and the expenses necessary for the child's
education.
The amount of benefits is determined based on the
"Child Support Calculation Standard" established by the
Seoul Family Court. The Seoul Family Court established
and announced pension calculation standards on May
30, 2012, and subsequently reviewed them twice: on
May 30, 2014, and on November 17, 2017. The latest
amendments to this standard were announced on
December 22, 2021, and entered into force on March
1, 2022. In accordance with South Korean legislation,
when determining the amount allocated for child
support, not only the parents' income but also the
child's age is taken into account. In this case, the
International Journal of Law And Criminology
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International Journal of Law And Criminology (ISSN: 2771-2214)
amount of the benefit is determined in ascending order
for children under 2 years old, for children aged 3-5, 6-
8, 9-11, 12-14, and 15 years old. Moreover, when
assigning benefits, the amount of the benefit changes
with each million won increase in the parents' monthly
income. Another distinctive feature of our national
legislation is that the income of both parents is taken
into account when determining the benefit. That is, not
only the alimony-paying parent but also the monthly
income of the parent who has guardianship over the
child is considered total income.
Let's say a father who pays alimony has an income of 4
million KRW, a spouse has a monthly income of 3
million KRW, and they have two children aged 3 and 6.
Let's assume that the mother is raising both children.
According to the table, since the parent's total income
is in the range of 7,000,000-7,999,999 KRW, the total
amount of money that should be spent on a 3-year-old
child is 1,598,000 KRW per month. In this case, since
the father's share in the total family income fund is 4/7,
he will have to pay only 913,143 KRW (= 1,598,000 KRW
× 4/7) to his spouse. Similarly, if we look at the
expenses of a 6-year-old child, we see that this amount
should be 1,614,000 KRW per month. And again, since
the father's share of the total income is only 4/7, he will
have to pay his spouse 922,286 KRW (= 1,605,000 KRW
× 4/7).
The above calculations are based on the table.
However, if there are special circumstances that need
to be taken into account or if there is an agreement
between the spouses, the Korean Family Court may
disregard the given standard and order alimony to be
paid in another way.
Having considered the basic aspects of the legal
regulation of alimony in the national legislation of
South Korea, we will analyze the international private
regulation of alimony in this country. On January 4,
2022, South Korea adopted the "Law on Private
International Law." Chapter 7 of this law is devoted to
family issues. Article 60 of the Law is aimed at
regulating the issues of jurisdiction on supply issues. If
the permanent residence of the person entitled to
security is in the Republic of Korea, the court shall have
international jurisdiction on security matters. That is, if
the recipient of support lives in Korea permanently, this
issue will be considered by Korean courts. Article 8 of
this law provides for the procedure for determining
jurisdiction by agreement. According to it, the parties
may agree on international jurisdiction in a claim
arising from a specific legal relationship. However, even
if the parties have concluded an agreement on
international jurisdiction in the matter of security in
accordance with Article 8, such an agreement is not
valid in the following cases:
1. If the person entitled to receive support is a minor or
a ward. However, this rule does not apply if it is
permitted to file a claim against a minor or a ward
entitled to receive support under the relevant
agreement, not only through the court, but also
through a foreign court;
2. If the country indicated in the agreement is
practically irrelevant to the issue or irrelevant at all.
Consequently, in both cases mentioned above, the
parties cannot determine the jurisdiction over the
supply issue through agreement, and this issue will be
considered by Korean courts.
The next country we will consider is the United States
of America. The U.S. Office of Child Support Services
(OCSS) is the U.S. central authority for international
child benefits. This agency collaborates with various
states and countries to assist families whose family
members live in different countries in obtaining
benefits. The U.S. states have a variety of mutual
agreement procedures with some countries, including:
Countries of the Hague Convention - States that have
acceded to the Hague Convention on the Provision of
Children;
Foreign Cooperating Countries (FCCs) are countries
that have bilateral agreements with the US government
but have not acceded to the Hague Convention, as well
as Canadian provinces and territories.
The Child Support Standards Act (CSSA) is the name
given to a set of laws containing a formula for
calculating child support. These laws are contained in
Article 240 of the Law on Family Relations and Article
413 of the Law on Family Courts. The CSSA determines
the amount of child benefits based on parents' income
to ensure a decent standard of living for children.
Regardless of the joint guardianship of the parents, the
income of both parents is taken into account in the
formula, since the income of both parents is the
obligation of both parents to support their children.
This law applies equally to children whose parents are
married and unmarried. It applies equally to children
whose parents are married, children whose parents are
not married, and children under 21 years of age, if they
are not released earlier. All child support decisions
made by the courts must be based on the CSSA. Until
the judge or the supply magistrate finds this "unfair or
inappropriate," the amount calculated according to the
formula should be set.
After the judge or assistant judge determines the
income of both parents and makes deductions
permitted by law, these incomes are combined to
obtain the "total income of the parents."
RESULTS AND DISCUSSIONS
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International Journal of Law And Criminology (ISSN: 2771-2214)
The comparative analysis revealed significant
differences in how countries regulate the applicable
law to alimony obligations. The United Kingdom
predominantly relies on its common law tradition and
the
application
of
international
conventions,
particularly the 2007 Hague Convention. Turkey
combines national legislation with selective adherence
to international agreements, often prioritizing the
domicile or nationality of the parties involved. South
Korea, while aligning with international standards,
demonstrates a strong domestic legal framework with
precise procedural rules. France and Germany, as civil
law jurisdictions and EU members, show a high degree
of harmonization, particularly through the EU
Maintenance Regulation and the Hague Convention.
Despite differences, all analyzed jurisdictions aim to
protect the right to maintenance, though procedural
approaches and conflict-of-law principles vary. The
findings suggest a growing trend toward international
cooperation, yet emphasize the persistent challenges
in achieving full legal harmonization.
CONCLUSION
In conclusion, the national legal regulation of the law
applicable to alimony obligations varies significantly
across jurisdictions, refl
ecting each country’s legal
traditions, international commitments, and policy
priorities. While countries like France and Germany
benefit from EU-level harmonization, others such as
the United Kingdom and Turkey rely on a combination
of domestic rules and international instruments. South
Korea presents a hybrid approach, incorporating both
domestic specificity and international cooperation. The
study demonstrates that although there is a shared
commitment to ensuring effective maintenance
enforcement, the divergence in conflict-of-law rules
and procedural mechanisms continues to present
obstacles in cross-border cases. Strengthening
international collaboration, expanding the scope of
multilateral agreements, and promoting harmonized
legal standards remain essential for improving the
predictability and fairness of alimony-related legal
processes on a global scale.
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