AKMV Reduction of child support
QUESTION
We have two minor children, aged 15 and 16. I left the shared household three and a half years ago, and we have been divorced for two years. Before the divorce, I paid €100 per child, and after the divorce, according to the court decision, I pay €200 per child. I am employed and receive a disability pension with an income of about €1,500 salary plus official per diems based on days worked in the month, plus a pension of €450. Since I am disabled, I try to pay child support diligently and on time as ordered by the court. During the two years since the divorce, I have been on sick leave several times, and my income has dropped to €600 plus the pension. Do I still have to pay the same amount of child support, or can I pay an amount proportional to my current income? My income continues to decrease every month due to my disability. What can I do to reduce the child support payments?
ANSWER:
If your financial and social situation has significantly changed, you can submit a proposal to the court to reduce child support. This is based on § 78 of the Family Act, which states:
“Agreements and court decisions on child support may be changed if circumstances change. Except for child support for a minor child, changes or cancellations of support are possible only upon proposal.” According to expert legal literature (Horváth, E.: Family Act – Commentary, Iura edition 2014): “Changes in circumstances can occur on the side of the entitled party, the obliged party, or both. Depending on the specifics of the case, this may involve subjective or objective facts, changes in income, expenses, or overall property conditions. It is not excluded that a change in circumstances could also be considered a conflict with good morals. In practice, the most common reasons are: changes in the child’s needs due to starting school, transitions between school levels, changes in health conditions, loss of employment, long-term incapacity for work, the emergence of new maintenance obligations, termination of legal conditions for maintenance – gaining the ability to support oneself, marriage (for an entitled party receiving support as a divorced spouse), loss of ability or capacity to provide maintenance (just as the obligation to provide maintenance arises by law, it can also end by law; however, in court adjustments of maintenance obligations, parties usually request a formal termination of the obligation for legal certainty).”
As the law states, you need to file a proposal with the court. The proposal to reduce child support must include at least the following:
Identification of the parent requesting the reduction – the petitioner
Identification of the child(ren), and if minors, the legal representative must also be identified
Identification of the decision based on which the current amount of child support was last determined
Reasoned grounds confirming that the petitioner is unable to pay the current amount of child support, as well as a proposal for the amount they are able to pay. It is recommended to support this with concrete evidence.
Please note that if the court decides to reduce child support retroactively, past payments are not refunded.
The law imposes the obligation to pay child support for a minor child or a child continuously preparing for a profession even on a parent who does not have sufficient income to pay support. This is at a minimum of 30% of the subsistence minimum. “Every parent, regardless of their abilities, possibilities, and property conditions, is obliged to fulfill their maintenance obligation at least to the extent of 30% of the subsistence minimum for an unprovided minor child or an unprovided child under a special law.”
If you are interested in preparing a proposal to increase or reduce child support, feel free to contact us at office@akmv.sk or by phone at +421 915 046 749.
JUDr. Veronika Michalíková, MBA QUESTION
Good day, I would like to ask if I can request a reduction of child support because I am a person with a disability (ZŤP)
ANSWER:
development of living costs
JUDr. Veronika Michalíková, MBA QUESTION
Is it possible to request a reduction of child support after losing employment?
ANSWER:
JUDr. Veronika Michalíková, MBA