Abstract: The Yugoslav state’s legislative actions throughout the early stages of socialism acknowledged parents’ equality in terms of rights and responsibility to children. This is argued throughout the article by presenting laws that explicitly control parent-child relationships, the status of children from divorced marriages and children born out of wedlock, and difficulties surrounding their maintenance. The paper covers the issues surrounding the legal right to alimony for children of divorced parents and children born out of wedlock in different regions of Yugoslavia across the 1960s.
Keywords: child support, divorce, children born out of wedlock, single mothers, court practices
Summary
The Yugoslav experience demonstrates that a favorable legal framework alone was insufficient to ensure the regular provision of maintenance for all children following their parents’ divorce by the non-custodial parent, who was legally obligated to pay alimony in proportion to their means. The situation was even more challenging for children born out of wedlock, as the low rate of paternity recognition made securing support for these children more difficult. Various studies and surveys from the 1960s reveal that the majority of non-custodial parents, typically fathers, either did not pay child support or did so sporadically and irregularly. Attempts by fathers to evade their obligation to support their children after divorce were not uncommon. Many mothers did not seek alimony for their children after divorce, and some were unaware of the rights to which they were legally entitled. Furthermore, legal sanctions for individuals who failed to provide maintenance were rarely enforced. The lack of cooperation between courts and social work centers in trials, along with the prolonged duration of litigation related to child support, exacerbated the situation. Court-ordered alimony often covered only a small portion of the costs required to support the child.