Alimony is regulated by the Family Code and is essentially a sum of money paid to a person who is incapable of work and cannot support himself or herself. Whether or not parents work, they are obliged to support their under-age children. The minimum amount of maintenance is ¼ of the national minimum wage. If you want to file a child support case, you can contact a good lawyer who can guide you and prepare the documents needed to file a case.

Procedure for bringing a maintenance case

A maintenance case is brought when two people separate and have a child in common from their marriage or de facto cohabitation. A large number of maintenance cases concern children born out of wedlock, since when there is a divorce (in the case of marriage), the court is obliged to rule on the question of maintenance of its own motion.

A maintenance case shall be brought before the relevant district court. In court proceedings, the parties may provide evidence and engage witnesses.

Once the court proceedings are concluded, the court issues a decision which becomes binding on the parties. The judgment also determines the amount of maintenance.

How is maintenance determined?

The amount of maintenance is determined according to the needs of the child and the ability of the person ordered to pay it. According to the provision of the law, the minimum maintenance is ¼ of the wage. However, each parent is obliged to provide living conditions necessary for the child’s development. Parents also owe maintenance to children who are in full-time higher education.

At any point in time, the alimony award may be modified if the circumstances change. I.e. if the child starts school, or lessons, the maintenance for the child increases compared to what has already been awarded. An increase in the minimum wage is also a reason for changing maintenance.

Modification of alimony is done by court order.

It is important to know that non-payment of monthly maintenance is a criminal offence under the Criminal Code. In this case, you can file a complaint with the public prosecutor’s office, which will prosecute you for maintenance.

If you need to file a child support case, you can contact a family law attorney to assist you in the process.