AKMV How to enforce a higher amount of child support from the child’s father?
QUESTION
Hello, I would like to increase the child support for my daughter (17 years old). The current child support is €80 per month, and I am requesting at least €180 – €200 per month.
ANSWER:
Hello, an increase in child support is only possible once its amount has been firmly determined by a court decision or by an agreement between the parents that was approved by the court. Based on your question, we can assume that the amount of 80 EUR per month is determined by a court.
According to the provision of Section 78 of the Family Act (hereinafter referred to as the “FA”), court decisions regarding the amount of child support may be changed if the circumstances on which the original amount of child support was determined change. This may involve, for example, an increase in the expenses of the entitled person, an increase in the income of the obligated person, any change in property circumstances, or, for example, a change in health status. This change in the obligation to pay higher child support occurs upon a motion; alternatively, the court may also decide ex offo (on its own initiative) if it involves a minor child.
Decision of the Regional Court 24CoP/24/2014 dated April 30, 2014: This case involved a situation where the amount of child support was last established by a judgment of the District Court in Skalica on November 10, 2010. Three years had passed since that decision and the amount of child support had not been adjusted since then, while at that time it no longer corresponded to the needs of the children nor the increased costs of their lives. The Regional Court therefore decided to increase the child support – for the minor female from the amount of 95 € to 150 € per month and for the minor male from the original 90 € to 120 € per month. The court simultaneously stated that the father of the children is capable of paying this amount from his income without thereby threatening his basic life needs.
We will be happy to help you with the drafting of the motion for the increase of child support. Do not hesitate to contact us at the e-mail address recepcia@akmv.sk.
JUDr. Veronika Michalíková, MBA QUESTION
Hello, my girlfriend has a 7-year-old son, in whom the father shows no interest. For two years he did not pay any child support, and now he sends her only 80 euros per month, which is insufficient given his income (around 1500 euros per month, plus additional earnings, probably unofficial). My girlfriend asked for more, but the father refused, saying that he gives enough. My girlfriend is not working and lives with her mother and the son. The boy has started going to school, which brings large expenses, and we have already paid 50 euros just for medicine when he was sick. We would like to address the increase of child support, but we do not want a decision to be made regarding alternating custody. Could you please advise us on how to proceed further?
ANSWER:
The Family Act (FA) stipulates that the maintenance obligation of parents toward their children “is their statutory obligation, which lasts until the children are able to support themselves (Section 62, Paragraph 1 of the FA).”
Each parent participates in the maintenance obligation “according to their abilities, possibilities, and property circumstances (Section 62, Paragraph 2 of the FA).” At the same time, it applies that “maintenance has priority over other expenses of the parents (Section 62, Paragraph 5 of the FA).”
The Family Act basically gives your girlfriend two options:
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either she reaches an agreement with the father of her child on the amount of child support (the agreement must be submitted to the court for approval), or
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she files a motion to the court to determine the maintenance obligation (Section 65, Paragraph 1 of the FA). A condition for filing the motion is the fact that the parents of the minor child do not live together. Please note that alongside the maintenance proceedings, the court will most likely also open proceedings regarding the entrustment of the minor into personal care. In the decision, it will thus determine not only the amount of child support (which can also be requested retroactively in the case of a minor), but also the parent to whom the child will be entrusted for personal care. The court will not order a maintenance obligation for this parent, as it is assumed that their maintenance obligation will be ensured by the entrustment of the child into their personal care.
According to Section 62, Paragraph 4 of the FA: “When determining the extent of the maintenance obligation, the court takes into account which parent and to what extent personally cares for the child.”
Other starting points for the court when determining the maintenance obligation are the justified needs of the minor and the abilities, possibilities, and property circumstances of the obligated person (Section 75, Paragraph 1 of the FA). As a side note, we state that if the child support has not yet been determined by a court decision or by an agreement between the parents approved by the court (as we assume based on your question) and the father of the child paid support so to speak “voluntarily,” it is not possible to ask the court to order an increase in child support. An increase or decrease in child support is only possible if a fixed amount of child support has already been determined. Furthermore, in such a case, it is always necessary to prove that such a change in circumstances (on which the determination of the original amount of child support was based) has occurred that justifies an increase in child support (Section 78, Paragraph 1 of the FA).
In case of interest in legal services, do not hesitate to contact us at recepcia@akmv.sk.
JUDr. Veronika Michalíková, MBA