Child maintenance

Child maintenance is a constitutional duty of parents. Parents must materially support their minor children. The procedure and form of maintenance are determined by mutual agreement of the parents. If one of the child's parents fails to fulfill his or her obligation to maintain the children materially, the other parent acquires the right to apply to a court for maintenance.

The amount of child maintenance payment must be proportionate to the needs of the minor children and the financial situation of their parents and ensure the necessary conditions for the child's development.

An application for maintenance can be brought to a court by:

1. One of the parents or guardians

2. State institution for the protection of the rights of the child

In determining the amount of maintenance, the court takes into account:

1. The needs of the child

2. The financial situation of the parents

When ordering maintenance for two or more children, the court sets the amount of maintenance sufficient to meet at least the minimum needs of all the children.

Do parents have the right to refuse to pay child maintainance?

Like other parental rights and responsibilities, the maintenance obligation cannot be waived by the parents. It should be emphasized that the obligation of parents to maintain their minor children remains even after the children have been separated from their parents or when parental authority has been limited, except in cases where the child is adopted. If the child is placed in custody, the maintenance is paid to the guardian, who must use the maintenance received exclusively for the best interests of the child.

Management of maintenance funds

Although maintenance must be paid to the child, given that the children are cared for by their parents due to their age and maturity, the funds for maintenance are managed by the parent with whom the child lives. Maintenance for a child must be used only in his or her best interests. In cases where parents, guardians (caregivers) use maintenance funds not for the benefit of a child, the child's representatives, the state institution for the protection of the rights of the child or the prosecutor have the right to apply to a court for recovery from a person who has used maintenance not for the benefit of the child.

Change of the amount and form of maintenance

Given that both the ability of parents to provide maintenance and the needs of their children may change over a period of time, the law provides for the possibility of changing the amount of maintenance ordered by a court decision, i. y. the child's father (mothers), the state institution for the protection of the rights of the child or the prosecutor have the right to apply to the court for an increase / decrease in the amount of maintenance ordered.

In deciding whether there are grounds for changing the amount of maintenance awarded, the court must identify and assess the circumstances surrounding a substantial change in the parents' financial situation (for example, one of the parents changed jobs and earned a significantly higher income or, conversely, lost a job and reduced permanent income) or changing needs of the child. Maintenance can be increased in the event of additional childcare costs (illness, injury, nursing, ongoing care), as well as in the event of a significant increase in the standard of living in the country, so that the amount of maintenance awarded is no longer sufficient to meet even the minimum needs of the child.

If it is proved that at least one of the mentioned conditions exists, the amount of maintenance (form) can be increased or decreased, regardless of whether the court itself has determined the amount of maintenance to be ordered or approved the parental agreement on the amount of maintenance.

What can be done if one parent does not provide maintenance for the child?

In a situation where one of the parents does not pay maintenance for a child ordered by the court, the father or mother living with the child has the right to apply to the court for an enforcement order. In order to enforce a judgment, the enforcement order obtained must be lodged with a bailiff acting in the territory in which the debtor is domiciled, has his place of work or property.

In the event that the bailiff fails to recover the debt by force (ie if the spouse, who does not pay the ordered maintenance, has no funds, does not receive wages, and does not have any assets that could be used to cover the debt), the child who does not receive maintenance is entitled to Child support payments.