Cancellation of maintenance obligations of a parent towards a child in Slovakia

Maintenance obligation of parent towards child in practice is the most frequent maintenance obligation. Fulfillment of maintenance obligations of parents towards children is undoubtedly their legal obligation. According to the Family Act, the maintenance obligation lasts until the children are not capable to feed themselves.

Reasons for cancellation of maintenance obligations

It is not correct to believe that for the moment of termination of maintenance obligations of parent towards the child can be considered attainment of the age of majority of the child. Abolition of the maintenance obligation of parent towards the child is not bound to attain the age of majority. According to several court decisions (eg. R100/1967) “The age limit of 18 years is under the Family Act relevant only in procedural terms…“

According to expert legal literature “As a factor when maintenance obligation of parents lasts (justified by the role of parents to lead the child to achieve education, and thus the necessary preconditions for self-realization), is traditionally accepted study.“ (Horváth, E., Varga, E.: Family Act. Comment. The second, revised and extended edition. Bratislava: Wolters Kluwer, 2014, 310 s.) The above is also confirmed by other expert legal literature (Pavelková, B.: Family Act. Comment. 2nd Edition. Bratislava: C.H.Beck, 2013, 680 p.) which also states that „the maintenance obligation ends reaching the first highest level of education in the regular educational process (the first completed college or university).“ If the dependent child began after graduating from the first college to attend study at other college or university, such a study shall not constitute an obligation of parent to provide child maintenance.

Another prerequisite for the abolition of the maintenance obligation of parent towards the child in Slovakia is obtaining regular income of the child (ie. salary from employment, income from business).

Repeal of maintenance determined by a judicial decision

If the maintenance obligation of parent towards the child was determined by a court decision, it is necessary to ask the court to cancel maintenance obligation. A parent who believes that the child is able to feed itself, can petition the court to cancel maintenance obligation. After considering all the circumstances of the case (the situation on the labor market, retraining opportunities, etc.) the court will assess whether there are grounds for the annulment of maintenance obligation of parent towards the child.

If the parent fulfilled the maintenance obligation towards the child voluntarily and not by a court decision, he does not need to file a petition with the court.

Maintenance obligation of parent towards the child terminates with marriage of the child, as maintenance obligation of the spouses takes precedence.

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