What level of child support can be assessed for a sole trader paying minimum social and health insurance contributions?

When determining the amount of child support, the court takes into account several factors, including the parents’ income, their wealth and assets, as well as the needs of the children. In the case of a sole trader who pays minimum contributions, primary consideration will be given to their actual income, rather than the amount of insurance contributions paid.

Key factors in determining child support:

• Income of the sole trader: The court will examine your husband’s actual income. Sole traders frequently optimize their income to minimize their statutory contributions; however, the court may look into their real standard of living and financial circumstances.

• Needs of the children: When determining child support, the age of the children and their specific needs—such as school expenses, extracurricular activities, medical needs, and other ordinary living expenses—are taken into account. An older child (aged 12) generally has higher financial needs than a younger child (aged 8).

• Minimum amount of child support: Slovak legislation establishes a statutory minimum amount of child support per child, which is indexed regularly. However, this sum represents the absolute minimum baseline, and the court may award a higher amount of maintenance depending on the specific circumstances of the case.

Consequently, the exact amount of child support cannot be precisely estimated without a detailed analysis of incomes and expenses. Nevertheless, it is highly probable that the court will examine whether your husband possesses the capacity to provide adequate maintenance for both children. We recommend consulting a legal professional who can assist you in preparing all necessary evidence regarding income and expenditures to ensure a fair adjudication by the court.