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Latest items for CUST-LAW-3

July 3, 2017, 2:58 p.m.
Countries: Japan
Variables: CUST-LAW-3

"the law does not provide for a judicial review procedure over custody and child support matters that would safeguard the welfare of children with the result that, in cases where no agreement is reached on paying child support, children are left destitute" (15)
Feb. 27, 2017, 5:43 p.m.
Countries: Ethiopia
Variables: CUST-PRACTICE-1, CUST-LAW-3

"There was limited legal recognition of common-law marriage. A common-law husband had no obligation to provide financial assistance to his family, and consequently women and children sometimes faced abandonment" (29).
Aug. 6, 2016, 5:57 p.m.
Countries: Nicaragua
Variables: CUST-PRACTICE-1, CUST-LAW-1, CUST-LAW-3

"As a general rule, when married couple with children divorces and starts to live separately, children stay with one of the parents. However, both parents have to share the expenses spent on the maintenance of their children. For this purpose, parents have to agree on their participation in child care and the amount of child support each of them has to pay. When determining the amount, income of parents and number of children is taken into account" (para 4)
July 27, 2016, 4:23 p.m.
Countries: Venezuela
Variables: CUST-LAW-3

"Title VIII On Education and Child support/alimony Art. 282 The father and the mother are obligated to support, educate and raise their underaged children. Art.294 To receive child support/alimony means that the person requesting them can't support themselves. It also means that the person being asked to provide child support/alimony has enough means to do so. The impossibility to support themselves, the age, the condition of the person requesting for child support/alimony and other circumstances must also be considered. To set the child support/ alimony amount the necessities of the person requesting them and the means of the person meant to provide them will be considered. If these conditions were ...more
July 27, 2016, 3:44 p.m.
Countries: Cuba
Variables: CUST-LAW-3

“Art. 59: Child support for underage children is mandatory for both parents, even if they do not hold custody of the children or the children are at an education facility. In the divorce ruling the court will also rule on the amount of child support to be paid by the parent who does not have custody of the children has to pay” (11). No mention of illegitimate/common law marriage children, but according to Art. 65 they should have the same rights. This was translated from Spanish to English by CCR. (MLFD – CODER COMMENT)
July 27, 2016, 3:42 p.m.
Countries: Cuba
Variables: CUST-LAW-3

“Art.65 All children are equal and therefore are entitled to the same rights regarding their parents, regardless of their marital status” (11). This was translated from Spanish to English by CCR. (MLFD – CODER COMMENT)
July 26, 2016, 1:45 p.m.
Countries: Paraguay
Variables: CUST-LAW-3

"Article 11: With there being children who are minors at the time of the divorce suit, in case of urgency the spouses or any of them should request before the court that a provisionary ruling be made on a) designation of the person or persons who will be entrusted with the children; b) the way in which the children's needs will be met; c) the quantity of the pension for food for the children; d) the visiting rights; e) responsibility for the conjugal home. In case of controversy the case will be determined by the judge." This was translated from Spanish to English by CCR. (MLFD - CODER COMMENT)more
July 26, 2016, 1:42 p.m.
Countries: Paraguay
Variables: CUST-LAW-3

"Art.256 Child support on the grounds of kinship comprehends an amount sufficient for survival, room and dress, as well as healthcare. If the person benefiting from child support is in an age where it is required to receive an education, this should also be covered by child support" (24). "Art.262- The obligation to pay child support can not be the object of compensation or transaction. The right to it is inalienable and sovereign, child support can not be mortgaged or taxed" (25). Note that this was translated from Spanish to English by CCR. (MLFD - CODER COMMENT)
June 10, 2016, 7:17 p.m.
Countries: Germany
Variables: CUST-LAW-3

"In accordance with section 1570 of the German Civil Code, a divorced spouse may demand maintenance from the other for the care and the upbringing of a child for at least three years after the child’s birth. The duration of the claim to maintenance is extended as long as and to the extent that this is equitable. Account must be taken of the concerns of the child and the existing possibilities of childcare. The duration of the maintenance claim is further extended if this is equitable, taking into account the arrangements for childcare and gainful employment in the marriage and the duration of the marriage" (38).
May 31, 2016, 9:51 p.m.
Countries: Bhutan
Variables: CUST-LAW-3

"The Marriage (Amendment) Act of Bhutan 2009 governs marriage and its dissolution. As per Section 5.1 of the Marriage Act, on divorce the women are entitled to a separation cost based on the number of years of marriage. Further, the mother is entitled to receive child support in accordance with Kha 7 (3) from the father and such child support may increase or decrease with the variation in the income of the father as per Section Kha 8 (1)" (40).
May 25, 2016, 8:07 p.m.
Countries: South Korea
Variables: CUST-LAW-3

"The Childcare Support Act (enacted on 1 February 2012) is designed to promote customized childcare services to meet the various needs of individual households, reduce the childcare burden of working parents, and respond flexibly to the needs of parents who prefer home-based childcare. The law is also intended to promote the employment of mid- to older-aged women with interrupted careers and to help bolster the childcare capacity of the underprivileged" (8). "The Ministry of Gender Equality and Family has provided legal aid service for the delivery of child support since 2007 with an aim to protect the rights to care of the children of single parents, reduce the childcare burden ...more
May 15, 2016, 7:55 p.m.
Countries: Montenegro
Variables: CUST-LAW-3

"The Law on Social and Child Protection (Official Gazette of the Republic of Montenegro 78/05) prescribes that citizens shall be equal in exercising their rights from the area of social and child protection regardless of their national affiliation, race, sex, language, religion, social background or other personal features (Article 5). Furthermore, the Law provides meaning of the expression “self-supported person” thus equalising men and women in that position at least at the formal level (Article 11). Under the Law, the right to financial support may be exercised by certain categories of persons including pregnant women (Article 13). Finally, the Law prescribes that every citizen shall have the right to social ...more
May 5, 2016, 4:51 p.m.
Countries: Nicaragua
Variables: CUST-LAW-3

"Child maintenance after a break-up between the parents is covered in several laws: The Civil Code of 1903 (only married parents), the Labor Code of 1945 (only those working for a salary), the Nurturing Law of 1982 (never ratified by the Sandinista government), and the Nurturing Law of 1992" (175). "The legal grounds which permitted the social authorities to carry out this practice, however, disappeared in 1997 with a new Labor Code, in which no mention was made of provisions to collect child support from a father's paycheck. The Nurturing Law of 1992, as I have commented in chapter 7, requires the use of a lawyer to present the demand ...more
April 13, 2016, 6:13 p.m.
Countries: Nicaragua
Variables: CUST-LAW-3

"In 1992 a new Nurturing Law was passed, in which statements about equality between the sexes and equal housework responsibilities had been abandoned. The only family types mentioned were marriages and, subsidiary, stable consensual unions, but support may be claimed for children born in other circumstances as well. This law is often complicated and expensive to put into practice. Women could still take recourse to the Labor Code, but a new one was passed in 1997 in which no mention was made of claims to child support. The mother now has to employ a lawyer and take the case to court. The law established that the amount must be decided ...more
March 2, 2016, 4:56 p.m.
Countries: Tunisia
Variables: ADCM-LAW-1, CUST-LAW-3

"A law passed in 1998 known as the 'patronymic name law' now allows unmarried mothers to conduct a paternity search, using DNA testing if necessary, when the father is known but refuses to recognize the child. The law obliges him to cooperate so the child can receive a full identity and mother can claim and receive alimony" (para 21)
Feb. 8, 2016, 6:16 p.m.
Countries: Kenya
Variables: CUST-LAW-3

"The Committee commends the enactment of the Children Amendment Law which now requires the father to take responsibility for children born out of wedlock, thereby reducing the burden of care on the mother" (2)
Jan. 19, 2016, 3:36 p.m.
Countries: Serbia
Variables: CUST-PRACTICE-1, CUST-LAW-3, GIC-LAW-1

"The Committee remains concerned, however: … (c) That the State child allowance ceases at the fourth child and that collection of child support orders from fathers is inefficient" (11-12)
Jan. 18, 2016, 6:27 p.m.
Countries: Gabon
Variables: CUST-LAW-3

"Article 295 : Chacun des époux demeure tenu de contribuer à l’entretien des enfants, à proportion de ses facultés" (Article 295). Article 295: Each spouse remains obligated to contribute to the maintenance of children, in proportion to their capabilities (Coder Comment - RMH)
Jan. 18, 2016, 5:50 p.m.
Countries: Colombia
Variables: CUST-LAW-1, CUST-LAW-3

"It is the 'family court judge' and not the parents who decide which parent will get custody of the children (Portafolio 3 Dec. 2005b). A support payment [translation] 'is not automatic'; the amount of which is set in consideration of the economic situation of both parents (ibid.)" (Para 8)
Jan. 18, 2016, 5:43 p.m.
Countries: Canada
Variables: CUST-LAW-3

"Children need financial support from their parents – and they have a legal right to it. When parents separate or divorce, they should try to agree on the amount of child support. If they ask a court to decide, the court will use guidelines to determine child support payments. Some child support guidelines fall under federal law, while others are under provincial or territorial law. The guidelines that apply depend on the family's situation" (Para 1)
Jan. 18, 2016, 5:10 p.m.
Countries: Cameroon
Variables: CUST-PRACTICE-1, CUST-LAW-1, CUST-LAW-3

"In practice, custody of the younger children is generally granted to the mother, and of the older children, to the father. Mothers, however, often face several types of difficulties. They are the ones who are most often called upon to leave the marital home with their children. They must leave without any of the financial compensation due to them, or child support, which husbands rarely pay immediately. Women must initiate other proceedings to recover their rights, taking on the expenses these involve. For this reason, many women become discouraged and abandon the process" (80)
Jan. 18, 2016, 5:07 p.m.
Countries: Cambodia
Variables: CUST-PRACTICE-1, CUST-LAW-3

"Mrs Sokha and her three children, were beaten regularly by her husband over ten years. When the abusive husband began an illegal relationship with another woman, they were forced out of the home without any possessions. Mrs Sokha filed for divorce, and the court awarded her custody of the children, the joint house, and $100 per month in child support. The husband did not appeal to the court, but refused to comply with the verdict. When the court police attempted to enforce it he hired a team of soldiers to fight them. The court police withdrew, and were reluctant to press the issue further - several years earlier, a group ...more
Jan. 18, 2016, 5:01 p.m.
Countries: Burkina Faso
Variables: CUST-LAW-1, CUST-LAW-3

"Custody of children is usually given to men for economic reasons, since women are generally poorer than the men. However, nothing prevents the judge from giving custody to a woman and allocating her a living allowance necessary to care for the child" (Para 3)
Jan. 18, 2016, 4:57 p.m.
Countries: Brunei
Variables: CUST-PRACTICE-1, CUST-LAW-3

"THE Syariah Judiciary Department yesterday gave out RM200,000 in alimony advance to 70 divorcees and children whose ex-spouses or fathers failed to provide maintenance or complied with the Syariah Court's order. The amount is part of a RM15 million allocation approved by the Cabinet in January for advance payments to women awaiting the Syariah Court's decision on the amount of alimony...Jamil Khir said deprived women must first apply for maintenance order to the Syariah Court before applying for the alimony advance. He said the alimony advance would be disburse to women who had obtained the Syariah Court's order based on their needs and the number and age of the children. ...more
Jan. 18, 2016, 4:56 p.m.
Countries: Brazil
Variables: CUST-LAW-2, CUST-LAW-3

"On November 5, 2008, Brazilian President Luiz Inácio Lula da Silva signed Law No. 11,804, making it mandatory that the alleged father of a child pay child support during the mother's pregnancy. In the past, the father was only compelled to pay child support after the baby was born and paternity was proven through a DNA test. Article 6 of the Law now establishes that the mother can file a petition asking the court for child support, and if the judge is convinced that the man indicated by the mother is the father of the child, the court may grant the mother the benefit and require the father to pay. ...more
Jan. 18, 2016, 4:47 p.m.
Countries: Bolivia
Variables: CUST-LAW-1, CUST-LAW-3, CUST-LAW-3

"The mother and father can make their own agreement regarding custody and child support, which can be accepted by the judge. The noncustodial parent is obliged to contribute child support, 'according to the parent’s means' and the needs of the children. Family maintenance (alimony and child support), once determined by a judge, is subject to modification in accordance with increases in the payer’s income and the needs of the partner and children receiving alimony and child support. Since alimony and child support are considered to be of public interest, compliance with the obligation to pay may be enforced by filing a judicial action" (44)
Jan. 18, 2016, 4:47 p.m.
Countries: Bolivia
Variables: CUST-LAW-1, CUST-LAW-3, CUST-LAW-3

"The mother and father can make their own agreement regarding custody and child support, which can be accepted by the judge. The noncustodial parent is obliged to contribute child support, 'according to the parent’s means' and the needs of the children. Family maintenance (alimony and child support), once determined by a judge, is subject to modification in accordance with increases in the payer’s income and the needs of the partner and children receiving alimony and child support. Since alimony and child support are considered to be of public interest, compliance with the obligation to pay may be enforced by filing a judicial action" (44)
Jan. 18, 2016, 4:24 p.m.
Countries: Armenia
Variables: CUST-PRACTICE-1, CUST-LAW-3

"The Family Code requires parents to provide child support, but in reality ex-husbands often do not pay it. In one case, a divorced woman succeeded in getting her ex-husband to pay child support only after a friend in the police force interceded. The state provides little, if any, support for women after divorce. In the past, the government paid a special subsidy to single mothers, but these benefits have now been subsumed under a more general family subsidy. According to an employee of the Ministry of Social Security, the average family subsidy is very low and sufficient for little more than buying bread" (41)
Jan. 18, 2016, 4:05 p.m.
Countries: Angola
Variables: CUST-PRACTICE-1, CUST-LAW-3

"The Family Code prescribes that both parents have equal responsibility to support their children, and if children remain with the mother following divorce, the father must pay for maintenance for the children. However, the Rural Development Institute found in a study on women’s land rights in Angola that, although property tends to be divided equally post-divorce without court interference, in cases where it is not or when women are abandoned by their husbands, there was little evidence that women pursued their rights to property through legal channels, including by using rights set out within the Family Code" (Para 2)
Jan. 17, 2016, 7:41 p.m.
Countries: Kuwait
Variables: CUST-PRACTICE-1, CUST-LAW-3

"The effects of this policy are exacerbated by the fact that there are no immediate penalties for men who do not financially support children in the custody of their divorced wives, even though such support is required by law. Low-income widows and divorced women with dependent children are entitled to monthly income supplements and rent subsidies, but only if they provide evidence that they have no one to support them and are unemployed.52 In 2006, 7,087 divorced women and widows received welfare assistance. However, there are no gender-disaggregated data regarding the economic status of women, which has prevented policymakers from implementing effective measures to protect women against economic hardship" (21)more