Is the court-ordered child support still adequate in light of the current economic situation? Are you considering whether to request an increase in the maintenance amount from the court? Fortunately, this is already addressed by law!
⚖️ According to Article 3.208 of the Civil Code of the Republic of Lithuania (CC), court-ordered periodic child support is automatically indexed every year to account for inflation. This means that the amount of child support is regularly adjusted to reflect economic changes, preserving its real value.Why is it important to index child support?
Inflation erodes the purchasing power of money over time, which can render the court-ordered maintenance insufficient to cover the child’s needs. To combat this, Lithuanian law mandates the annual indexation of child support, helping to offset the loss in value caused by rising prices of goods and services.
🔹 How does the indexation work?
✅ On February 1st of each year, the maintenance amount is recalculated according to the Consumer Price Index (CPI).
✅ In 2025, the CPI is 102.1, meaning that if the maintenance was €500 in 2024, it will increase to €511 starting from February 1, 2025.
No indexation:
❌ If the court decision regarding the maintenance amount was made within the six months preceding February 1st, the indexation will not apply until the following year.
Example:
– If the decision was made in August 2024, indexation will apply from 2026.
– If the decision was made in July 2024, indexation will apply from 2025.
After each indexation, the newly adjusted amount will serve as the basis for future recalculations.
🚨 What happens if the maintenance is not indexed?
It is crucial to note that no notifications are sent regarding the indexation of child support. It is the responsibility of the parent providing the maintenance to ensure that the adjustment is made.
If the maintenance is not properly indexed, the parent receiving the support may:
🔹 Request a writ of execution from the court for the maintenance arrears and submit it to the bailiff.
🔹 It’s important to understand that according to the case law of the Court of Cassation, bailiffs can only recalculate the indexation for the past five years from the date of the writ of execution
Make sure that the maintenance is indexed correctly to ensure that the child’s needs are adequately met and to avoid potential disputes over arrears. If you have any questions or concerns regarding the recalculation of child support, please contact Gabriele Šinkonė, a family law attorney at Prevence.
