How does a maintenance case proceed?

A maintenance case is a common procedure in family law, which is initiated when one parent does not voluntarily fulfill their obligation to provide financial support for the child. It can be a standalone case or accompany a divorce case or the determination of parental rights.

A maintenance case is filed in the following cases:

1. Lack of voluntary agreement between the parents regarding the amount or manner of paying maintenance.
2. Failure to fulfill the maintenance obligation when the parent who is supposed to pay refuses or is unable to do so.
3. Desire to modify an already established maintenance order – for example, when the needs of the child or the financial capabilities of the parent change.

The maintenance case is filed in the district court of the child's permanent residence, by submitting a claim. The court checks the validity of the claim. If there are omissions, the court sets a deadline for their correction. After that, a hearing is scheduled where the parties and witnesses, if any, are heard. The court determines the amount of maintenance, based on the actual needs of the child, the financial capabilities of the obligated parent, and the minimum maintenance amount (¼ of the minimum wage). The decision comes into effect immediately if it is issued with "preliminary enforcement." This means the parent must begin paying maintenance even if they appeal the decision.

Each party has the right to appeal the court decision. The appeal does not suspend the enforcement of the decision.

If you have any questions, feel free to contact our team and schedule your consultation!