Child maintenance

What financial claims are available to parents on behalf of children within or outside of marriage?

The maintenance obligation of parents towards their children is regulated in the Family Act.

The parents are legally obligated to fulfil their maintenance obligations toward children, which last until the children are capable of supporting themselves independently.

Children within or outside of marriage have an equal position and are governed by the same legal provisions.

However, children cannot claim for property transfer; they are only entitled to regular monthly payments (to the custodial parent) and to savings if the financial situation of the obliging parent allows such.

How is child maintenance calculated?

The factors that should be considered are set by article 62 of the Family Act; both parents should contribute to the well-being of their children according to their abilities, opportunities, and financial conditions.  The amount of maintenance depends on the individual financial circumstances of each parent as well as the needs of the child.

In determining the scope of the maintenance obligation, the court considers which of the parents, and to what extent, personally take care of the child.

Depending on the circumstances, the child might be entitled to the creation of a savings account by one parent.  If the property conditions of the obligated parent allow it, the creation of a savings account can also be considered as a justified interest of the child.  The consent of the court is required for the use of the funds in a child’s saving account.

For how long is a parent required to pay child maintenance or provide financial support for their children?

The obligation to pay maintenance ends once the child is able to maintain him/herself.

The maximum time period during which maintenance can be provided to the “dependent child” is provided in the Act on Social Insurance as until the child reaches the age of 26.  To be precise, a child is considered dependent until:

(a)  the end of the child’s compulsory school attendance; or

(b)  after the end of compulsory school attendance, up to the age of 26, if:

(1)  the child is continuously preparing for a profession;

(2)  due to diseases and conditions that require special care according to Annex no. 2, the child cannot continuously prepare for a profession or may not pursue a gainful activity; or

(3)  due to a long-term unfavourable health condition, the child is unable to continuously prepare for a profession or is unable to perform a gainful activity.

Can a child or adult make a financial claim directly against their parents? If so, what factors will the court take into account?

Minor children cannot make direct claims against their parents.  In case of a claim, the person authorised to make such a claim is the parent who has custody over the child.  In case of shared custody, both parents are entitled to do so.  The minor child is represented by the social services office in such cases.

After the child reaches full age and gains full legal capacity, only the child is entitled to make claims against his/her parents.