Child support (Alimony)

An agreement on child maintenance is often the most effective way to ensure financial stability and clarity for both the child and the parents following a separation. It is crucial for parents to clearly define the terms of financial support to avoid future disputes. While the law provides the option to seek a court order for child support, many cases benefit from a peaceful agreement, as it helps to avoid lengthy legal processes and additional costs. This approach allows parents to negotiate terms that are flexible and better suited to both their financial situation and the child’s needs.

Once an agreement is reached, it can be formalized in writing and submitted for court approval. This grants the agreement official legal status and ensures that it is enforceable. In cases of non-compliance, the agreement can be enforced with the assistance of bailiffs. When drafting the agreement, it is essential to clearly outline the maintenance amount, the payment schedule, and the allocation of additional expenses. While periodic payments are the most common arrangement, alternative solutions such as a lump sum or the allocation of specific assets to the child may also be considered.

The amount of child maintenance is determined by considering both the child’s needs and the financial capabilities of the parents. The minimum monthly wage is typically the baseline, but the final amount will depend on individual circumstances—such as the child’s age, health, education, and other relevant factors. If the child requires specialized care or has additional expenses (e.g., for extracurricular activities or medical treatment), the maintenance amount may be higher. Additionally, the amount of time the child spends with each parent can influence the support arrangement. If the child spends significant time with one parent, the other parent may contribute not only financially but also with direct expenses in daily life.

If an agreement on maintenance cannot be reached, a parent can apply to the court to determine the alimony amount and payment schedule. The court will base its decision on the parents’ financial capabilities, assets, and the child’s needs. However, litigation can be a prolonged and complex process, so it is advisable to explore all options for an amicable resolution before resorting to court. Mediation services can assist in finding a mutually acceptable solution. Even in situations where parental relationships are strained, the child’s well-being should remain the primary concern—ensuring financial stability and minimizing emotional stress through lengthy disputes.

When parents are unable to reach an agreement regarding child support, or when one parent fails to fulfill their obligation, legal proceedings may be necessary to ensure that the child’s material needs are met. The obligation to support a child is mandatory – parents are legally required to ensure their child’s financial well-being until the age of majority, and in certain cases, beyond that, particularly when the child requires support due to health issues or ongoing education.

The awarded child support amount must cover all essential expenses, including food, housing, clothing, education, extracurricular activities, and healthcare. Support may be awarded as monthly payments, as a lump sum, or as a combination of both – monetary contributions along with the transfer of specific assets for the benefit of the child.

Temporary child support may also be requested during ongoing court proceedings to ensure the child receives at least minimal support before a final decision is made. Additionally, courts may award arrears for up to the previous three years if one parent has failed to provide adequate support.

In cases where parents are unable to resolve disputes amicably, mandatory mediation must be attempted prior to filing a court claim. If mediation is unsuccessful, a formal legal action may be initiated. Claimants in child support proceedings are exempt from paying state fees (stamp duty), and the court must be provided with documentation proving the child’s needs and the parents’ financial situation – including identity documents, the child’s birth certificate, proof of residence, school enrollment or extracurricular activities, income statements, and records of property and liabilities. If a parent refuses to disclose financial information, the court may compel them to do so.

Child support may also be awarded to adult children who are under 24 years old and pursuing full-time education, provided they require financial assistance. In such cases, the child may file a claim independently.

Once a court issues a child support order, it becomes enforceable. If the obligated parent fails to comply, enforcement proceedings may be initiated through a bailiff (enforcement officer). A final court order on child support cannot be altered without legal grounds, but it may be modified if the child’s needs or a parent’s financial circumstances significantly change.

If child support awarded by a court is not paid, or only partially paid, legal action must be taken. When support payments are missed for several months, it is crucial to initiate enforcement measures without delay – the sooner the process is started, the higher the likelihood of effective debt recovery.

To begin enforcement proceedings, an application must first be submitted to the court for the issuance of a writ of execution. Once obtained, this document is forwarded to a bailiff, who initiates compulsory enforcement actions against the debtor’s assets or income. If the debtor’s funds are insufficient, enforcement may be extended to other registered property.

If the child support debt continues to accumulate and remains unpaid, additional legal measures may apply. The outstanding amount is recalculated using an indexation coefficient to preserve the awarded support’s real value. Persistent failure to pay child support may result in criminal liability under Article 164 of the Criminal Code, with legal consequences for the non-paying parent.

In cases where a bailiff is unable to recover the debt through enforcement (e.g., the debtor has no assets or income), the child may become eligible to receive state-funded maintenance benefits. These benefits are available only from the date of the application and do not cover past arrears. Once benefits are granted, the unpaid support continues to be recovered from the debtor as a liability to the state.

It is important to note that voluntary coverage of certain child-related expenses by the debtor does not eliminate the obligation to pay the court-ordered periodic support. If there are valid reasons to adjust the amount, the debtor must apply to the court for a modification – unilateral suspension of payments is not permitted.

If you are facing challenges with unpaid child support, it is essential to act promptly. Our family law attorney provides assistance in initiating enforcement proceedings and ensures that all available legal remedies are applied effectively.