Father/mother not providing child support: what to do?
From the moment of a child’s birth, both parents are legally obligated to provide financial support for their child. This obligation is non-negotiable; any attempt by either parent to waive or transfer these duties is legally invalid.
The case law established by the Supreme Court has reaffirmed that both parents are individually responsible for the financial support of their minor children. This personal obligation cannot be transferred or delegated to third parties, including family members.
Example: In cases where a separated parent argues that they are not required to provide child support because the child’s grandparents contribute financially to the parent living with the child, the court will still hold the parent responsible for their personal child support obligation.
The method and terms of child support should be determined by mutual agreement between the parents. Ideally, parents are encouraged to agree upon child support arrangements in the event of separation or divorce. If the parents live together, there is a presumption that they share responsibility for the child’s financial needs, unless stated otherwise. If an agreement on child support cannot be reached, the matter must be resolved in court.
Should a parent fail to comply with a court-ordered child support agreement, the parent with primary custody of the child has the legal right to apply to the court for an enforcement order.
Once such an enforcement order is granted, it must be submitted to the bailiff’s office, along with a request for enforcement. Detailed instructions on submitting documents for enforcement can be found at www.antstoliurumai.lt.
In instances where a parent fails to meet their child support obligations for an extended period, the custodial parent, acting in the best interests of the child, may seek a court order to recover the arrears. Notably, child support arrears are recoverable for up to a maximum period of three years.
Article 164 of the Civil Code criminalizes the intentional evasion of the obligation to provide child support or any other necessary material support to a child as mandated by a court order.
Evasion of child support is deemed to occur when it is proven that the failure to meet child support obligations is not caused by objective or justifiable reasons, but instead by the deliberate creation of circumstances designed to obstruct the enforcement of child maintenance recovery or other material support.
