Reduction of child support

If your financial and social situation has changed significantly, you can file a petition with the court for a reduction in child support. This stems from Section 78 of the Family Act, according to which: “Agreements and court decisions on child support may be changed if circumstances change. Except for child support for a minor child, the change or cancellation of child support is possible only upon petition.” In the sense of professional legal literature (Horváth, E.: Family Act – commentary. Iura edition 2014): “A change in circumstances may occur on the side of the entitled party, the obligated party, or both sides. Depending on the circumstances of the specific case, these may be subjective as well as objective facts, a change in the area of income conditions, expenses, or overall property conditions. It is not excluded that an arising conflict with good morals may also be assessed as a change in circumstances. In practice, the following reasons are most frequently applied: a change in the needs of the child due to the start of school attendance, transition between individual levels of the school system, further a change in health conditions, loss of employment, long-term work incapacity, the emergence of a new maintenance obligation, the dropping of a legal condition for the maintenance obligation – the acquisition of the ability to support oneself, the conclusion of a marriage (by the entitled party in the case of a contribution to the maintenance of a divorced spouse), the loss of abilities or possibilities to provide child support (just as a maintenance obligation arises by law, it can also cease by law; in the case of court-regulated maintenance obligations, however, participants usually demand a pronouncement of the cancellation of the maintenance obligation for the sake of legal certainty).”

As the law states, it is necessary to file a petition with the court. A petition for the reduction of child support must contain, in particular, these particulars:

• designation of the parent requesting the reduction of child support – the petitioner

• designation of the child, and if minor children are involved, it is also necessary to designate their legal representative

• designation of the decision on the basis of which the amount of child support was last determined

• justified reasons confirming that the petitioner is not capable of paying child support in the established amount, as well as a proposal for the amount of child support they will be capable of paying. We recommend confirming this fact with specific evidence.

At the same time, we point out that if a decision to reduce child support for a past period occurs, consumed child support is not returned.

The law imposes an obligation to pay child support for a minor child or a child who is continuously preparing for a profession even on a parent who does not have the income to be capable of paying the child support. And specifically in the amount of at least 30% of the subsistence minimum sum. “Every parent, regardless of their abilities, possibilities, and property conditions, is obliged to fulfill their maintenance obligation in the minimum scope of 30% of the subsistence minimum sum for a dependent minor child or for a dependent child according to a special law.”

If you are interested in the preparation of a petition for an increase or reduction of child support, do not hesitate to contact us at recepcia@akmv.sk or by phone at +421 915 046 749.

If a parent, who has been ordered by a court to pay child support, becomes a person with a severe health disability, as a result of which their income from work activities is reduced or they lose this income entirely, it is not, without further action, a reason for the cancellation or limitation of the maintenance obligation (even though the financial possibilities of the parent to contribute to the maintenance of their child are obviously significantly limited). A change in the amount of child support can, again, be achieved only through a court.

According to Section 78, Paragraph 1 of Act No. 36/2005 Coll., the Family Act (hereinafter “FA”): “Agreements and court decisions on child support may be changed if circumstances change.”

According to Section 78, Paragraph 3 of the FA: “Upon a change of circumstances, the development of living costs shall always be taken into account.”

When re-determining the amount of child support, the court is also obliged to take into account the current “abilities, possibilities, and property conditions of the obligated party (Section 75, Para. 1 FA).”

At the same time, we point out the provision of Section 62, Paragraph 3 of the FA, according to which: “Every parent, regardless of their abilities, possibilities, and property conditions, is obliged to fulfill their maintenance obligation in the minimum scope of 30% of the sum of the subsistence minimum for a dependent minor child or for a dependent child according to a special law.”

The amount of the subsistence minimum for the period from July 1, 2024, to June 30, 2025, is established by Measure of the MPSVaR SR No. 149/2024 Coll. According to this measure, the sum of €125.11 per month is considered the subsistence minimum of a natural person or natural persons whose incomes are being assessed, in the case of a dependent child or a supported minor child. 30% of this sum will represent €37.53.

Hello,

The court may change the amount of child support only if it is proven that such a significant change in circumstances has occurred either on the side of the entitled party or on the side of the paying parent that leaving the amount of child support at the original level would be clearly unjust (Section 78, Paragraph 1 of Act No. 36/2005 Coll., the Family Act, hereinafter “FA”). Upon a change of circumstances, the court always examines the development of living costs (Section 78, Para. 3 FA).

In our opinion, the loss of employment of the obligated parent can clearly be considered a change in circumstances. In such a case, however, the court will also examine the causes and reasons for which the loss of employment occurred (R 101/1967). When determining the amount of child support, the court always takes into account the “abilities, possibilities, and property conditions of the obligated party,” especially “if the obligated party gives up a more advantageous job, earnings, or property benefit without an important reason; it will likewise take into account disproportionate property risks that the obligated party takes upon themselves (Section 75, Para. 1 FA).”

Other causes of a change in circumstances may include, for example, long-term work incapacity, worsening of health status, conclusion of a new marriage, the birth/adoption of another child and the resulting new maintenance obligation, worsening of property conditions, etc.