The child support pension is determined based on the needs of the recipient and the means of the obligated parent. If the parents cannot reach a valid agreement, the court may determine the amount and method of payment based on the specific situation and evidence.
Who can claim maintenance
Both parents have the obligation to contribute to the upbringing, education and professional preparation of the minor child, in proportion to each one’s means. The adult child who continues their studies can request maintenance until they finish their studies, but not after reaching the age of 26.
How the amount is calculated
The Civil Code states that maintenance is related to the needs of the child and the means of the parent. For maintenance owed by a parent, the amount can reach up to one-fourth of the monthly net income for a child, one-third for two children, and half for three or more children. These are maximum limits, not amounts applied automatically; the court analyzes the evidence and the situation of each family. The pension can be set as a fixed amount or as a percentage of the monthly net income.
Payment and change of pension
Maintenance obligations are usually enforced in a non-judicial manner. If they are not enforced voluntarily, the court may order the payment of a monetary pension. If the parent’s means change or the child’s needs change, the court may increase, decrease, or stop the payment, depending on the circumstances and the request made. A unilateral change in income does not automatically change the amount established by a court decision or notarial act.
What happens if the pension is not paid?
Non-payment can be pursued through enforcement proceedings execution, based on the enforcement title. Separately, family abandonment can be an incident, among other things, when the pension established by a court decision or notarial act is not paid in bad faith for three months. The fulfillment of the conditions is assessed in each case; the mere existence of the arrears does not automatically establish criminal liability.
What documents can help
Depending on the request, documents regarding the parents’ income and expenses, the child’s needs, the adult child’s school situation, the existing decisions or agreements, and proof of the payments made can be useful. It is important that the documents concretely support the requested amount or the change being invoked.
The applicable texts can be found in Civil Code, Art. 499, 529–531, and in Criminal Code, Art. 378. For information about family law assistance, consult page dedicated to family law. This article is informative in nature and does not replace the evaluation of the documents in a specific case.
