Child support for an adult child during their studies

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QUESTION

Please, I need advice on whether my former husband is required to pay child support for my 19-year-old daughter, who is studying externally and earning some money on the side. She will take her school-leaving exam (maturita) only next year.

ANSWER:

Hello, yes, your former husband still has the obligation to pay child support for your daughter. The fact that your daughter has already reached adulthood merely means that the father can (and should) pay the child support directly to her.

According to Section 62 (1) of Act No. 36/2005 Coll., the Family Act (hereinafter referred to as the “ZR”): „The fulfillment of the support obligation of parents toward children is their statutory obligation, which lasts until the time the children are capable of supporting themselves.“

Legal theory and practice agree that a parent’s support obligation toward their adult child who is still studying only ceases when the child successfully completes university in a specific study program (i.e., achieves the highest possible level of education in a given field—typically a Master’s (magister, inžinier) or Doctor of Medicine degree). At this time, it is assumed that the child is sufficiently prepared for their future profession, has sufficient prerequisites for succeeding in the labor market, and is therefore “capable of supporting themselves.”

The fact that she studies externally and earns extra money does not automatically terminate the support obligation, as long as these earnings do not fully cover her justified living and educational needs.

Our law firm can help you with legal matters regarding child support for adult children, including representation in court proceedings for child support adjustments. If you are interested, please do not hesitate to contact us.

JUDr. Veronika Michalíková, MBA