The Family Code is very clear that regardless of the parent’s employment status, he owes his / her support. In the event that the case does not prove the permanent income of the person who owes it, the court and Hershberg defence lawyer shall take into account the minimally determined amount, which shall be one quarter of the country’s minimum wage, when determining the amount.
How is a child maintenance case in court?
In the event that the parents do not agree to a voluntary payment of money to cover the child’s needs, the court is the body that decides what amount and who will owe the maintenance, and after issuing the decision will issue a writ of execution, for the compulsory collection of the sums awarded.
A frequently asked question from customers is “What will be the amount of alimony awarded?” Since every judge has their own view on the matter, there is no mandatory case law, every case of maintenance has its own specifics, the answer to such a question goes to the field of clairvoyance, and no self-respecting lawyer would commit to a precise answer. However, there are limits to the amounts awarded depending on the age of the child, the parent’s income, the need for special health care, and so on. But these are details of the lawyer’s work.
In practice, it is not uncommon for the trustees to remain dissatisfied with the amounts the court has set, but nothing prevents parents from initiating a lawsuit to increase the cost of maintenance at a later stage, if of course the prerequisites exist, such as change in the assets of the person liable to pay. However, life is unpredictable and it may be necessary to reduce the initial sums awarded. In both cases, in order to initiate such proceedings for a change in size, it is necessary to file an application with the interested party with the relevant account of the new circumstances that require this.
A frequently missed moment of lawyers who are not specialists in maintenance cases is the indication of a date from which they are due. It is not an obstacle to requesting it from the moment the application is filed, which is significantly earlier than the moment the decision enters into force. There is also the possibility of claiming support for a previous period of time, in the event that it is not paid by the parent.
Initiation of a Child Support Case for a Past Period.
Also common in practice is the claim for maintenance for a past period of time. This often happens when for some reason the parents are separated long before the divorce or the date of the actual separation precedes the date of filing the case. In both cases, there is a period where, as the real life shows, the obligated spouse does not give money to meet the needs of the child and the costs of raising and upbringing are entirely borne by the other parent. In this case, there is a legal interest in reimbursing the costs incurred and claiming maintenance for a past period.
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