The issue of alimony, i.e. child support, is also closely related to divorce and custody of a child. Legal support is of existential importance for the recipient, but also for the provider of support. When the parents are separated, the question of the contribution for the child support arises.
The amounts of alimony are fixed and determined by the court. Legal support has been given great attention from the
point of view of the legislator, so failure to provide support is also prescribed as a criminal offense for which a prison sentence is threatened. However, although the society most often talks about supporting a child after divorce or termination of extramarital union, a very important issue in terms of legal support is the obligation to support parents or other relatives.
Our alimony lawyers represent clients in the following cases:
The child has the right to parental support while there is a need for it.
Similar to child support, there is parental support by the child when the parent does not have sufficient means of subsistence or is unable to work.
Change of the amount of alimony
The amount of alimony is not a fact that is determined only once. Changing the amount of alimony is always possible when there is a life change in terms of the needs of the child or the possibilities of the parents.
Abolition of alimony
In order to make a decision on the abolition of alimony (when the reasons for payment have ceased), it is necessary to file an appropriate lawsuit in order to get a court decision.
Non-payment of alimony as criminal offense
If the person obligated to pay alimony does not perform his obligation or performs it irregularly, there is a possibility of punishment in the criminal sense. In these proceedings, we represent the injured parties before the court, but also defend the clients against whom criminal charges have been filed.
Compulsory collection of alimony
When the alimony payer does not pay the alimony, the creditor may initiate enforcement proceedings to collect uncollected alimony and the related interest. On behalf of the clients, we submit a proposal for enforcement and represent them through the enforcement process.
How long does an obligation to pay child support exists?
The obligation to pay alimony exists until the age of 26 if the child is in regular schooling. However, in some situations, schooling can be fictitious. The most common examples are situations when a child enrolls in basic or master studies just to be enrolled in the records of the faculty, and does not actually go to lectures or take exams. Such actions of the child can be a reason for the termination of alimony.
How is the amount of alimony determined?
The amount of alimony is not the same for all children, i.e. all families. In general, it should provide the child with at least the same standard of living as the parent. Numerous facts affect the court’s decision in this sense because it must find a measure between all the needs of the child, and, on the other hand, the existence of the parents and possibly the persons they are still caring for is not endangered. When determining the amount or change of the amount of alimony, the court takes into account the following criteria the most, because they best reflect the needs of the child on the one hand and the possibilities of the parents on the other hand:.
Age of the child | The child’s lifestyle | The child’s health condition | Cash income of parents | Personal needs of parents (food, clothes, bills, loans) | Obligation of parents to take care of other persons (children from new marriage, elderly parents)
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Determination and abolition of alimony
Change in alimony
Forced alimony collection
Criminal offense of non-payment of alimony