Statutory maintenance obligation

The statutory maintenance obligation is regulated by Section 62 of Act No. 36/2005 Coll. on the Family and on amendments and supplements to certain acts (hereinafter referred to as the “Family Act”). In the sense of the mentioned provision: „The fulfillment of the maintenance obligation of parents towards children is their statutory obligation, which lasts until the time the children are able to support themselves.“

The statutory maintenance obligation is not limited by the age of the child, i.e., it does not expire upon reaching the age of majority. This is also confirmed by the Decision of the District Court in Žilina, Case File No. 6C/408/2014 dated 07.07.2015, in the sense of which: „Even if a child reaches the age of majority but continues to prepare for a future profession through further studies, in principle, they are not yet able to support themselves.“

The Family Act further regulates the extent to which the parents of a minor child contribute to the maintenance of the child. Regard is paid to the abilities, possibilities, and property relations of the parents, as the child has the right to share in the standard of living of the parents (pursuant to Section 62 (2) of the Family Act).

At the same time, the court takes into account the extent to which the parent participates in the care of the child. In this case, it is essential whether it involves joint physical custody, the personal care of one parent, or whether the parents live together. In the latter case, the care of the household is also taken into account.

According to Section 62 (3), it applies that: „Each parent, regardless of their abilities, possibilities, and property relations, is obliged to fulfill their maintenance obligation to the minimum extent in the amount of 30% of the subsistence minimum amount for a dependent minor child or for a dependent child pursuant to a specific law.“

In the previous two cases, the maintenance obligation is regulated differently. In the event that it involves joint physical custody, the parents contribute to the maintenance of the child directly. In accordance with Section 62 (6) of the Family Act, which stipulates for us: „If a minor child is entrusted into the joint physical custody of the parents, the court, when determining child support, shall take into account the length of the joint physical custody of each parent, or the court may also decide not to determine child support during the duration of the joint physical custody of the parents.“ Child support is not excluded; however, usually, unless a situation arises where the parents have incomparably different incomes, the court will not determine child support.

In the case of the personal care of one parent, the court determines child support, which is necessary to provide for the child’s expenses. In the sense of Section 62 (5), it applies that „Child support has priority over other expenses of the parents. When examining the abilities, possibilities, and property relations of the obliged parent, the court does not take into account expenses of the obliged parent that are not necessary to incur.“ In the given case, the court will adjust the amount of the child support sum upon a petition.