ESTABLISHMENT OF THE ALIMENTARY FUND IN THE FEDERATION OF BOSNIA AND HERZEGOVINA

Abstract

The Alimentary Fund in the Federation of Bosnia and Herzegovina is a topic that has drawn the attention of the public for the last five years in the Federation of Bosnia and Herzegovina. During the 100th session of the Federal Government, more precisely on the 19thFebruary, 2014, the Federal Ministry of Finance, in cooperation with the Federal Ministry of Justice and the Federal Ministry of Labour and Social Policy, has been assigned the role of considering the possibilities for establishing an alimony fund and submitting a proposal to the Government for the solution of this problem. The problem itself arises from Article 237 of the Family Law of Federation of Bosnia and Herzegovina, which is characterized as insufficiently clear, resulting in the need to construct a sub-legal act that will deal in more detail with the issue of how to secure funds from the Federation of Bosnia and Herzegovina Budget intended to support a child, with the aim of clarifying determination of jurisdiction. The Family Law of Federation of Bosnia and Herzegovina in Section V, concerning support, elaborated in detail all aspects of support, including the maintenance of a child assigned to one parent for care and upbringing. As the non-payment of alimony has been established as a criminal offense, the question arises as to why there is a need for the so-called „alimentation fund” at the federal level? Will this fund be used by parents who are unable to pay for alimony or by single parents? Will the legislator take over the obligation to prosecute individuals who do not pay alimony, and weather will the collection of obligations, according to the enforceable document, be by the means of seizure of real estate in a procedure of forced collection?