The law imposes a duty on parents to take care of them, even after divorce, family law lawyers explain. As a result, lawyers advise first to try to reach an amicable agreement on child support and alimony. And if you can’t do that, go to court.
Experts estimate that, on average, each parent should spend half of the minimum wage on child support. I.e. on average, alimony should amount to around 350 euros.
However, women who are left alone to raise their children say that often men pay twice as much for their children.
Not enough money
Rima, a reader of the tv3.lt portal, said that after the divorce, she has been raising two children from her former marriage alone for some time.
“The husband pays alimony of 150 euros. In total, I receive 300 euros per month for both children from my husband. He never gives extra money, he also doesn’t buy anything for the children of his own free will. But once a month, they take it for the weekend,” said the woman.
She admitted that so much money is not really enough for everything, so she would like the alimony paid by her husband to be higher.
“Those 300 euros are barely enough for the basic needs of two children. And after all, you want to go on vacation or take your children to the cinema or a concert.
I asked my husband to increase the alimony, but he does not agree. He assures that this amount is enough to support the children,” consoled Rima.
According to the woman, with the price increase, 300 euros a month is barely enough for food alone.
“I try to save, but it is impossible to live like this. So, where and how should I apply for higher alimony,” the woman asked.
Parents must support their children
Eleonora Maciejevska, a lawyer at the Marger law firm, noted that child support is a constitutional duty of parents.
“Thus, the rights and responsibilities of a father and a mother to their children are equal, regardless of whether the parents are married or separated.
In the event that one of the parents shies away from the obligation to provide maintenance for a minor child or provides maintenance only episodically and insufficiently, the other parent (mother), who bears the entire burden of child support, has the right to apply to the court for the award of maintenance to the minor child,” the lawyer commented. .
However, according to her, before applying to the court for awarding maintenance to a minor child, mediation is mandatory – it is a pre-trial dispute resolution procedure, during which the parties to the dispute often resolve the dispute with the help of a mediator.
“Only after mandatory mediation has been used, a court proceeding can be initiated for the award of maintenance.
Regarding the award of child support, you can apply to the court with a statement for the issuance of a court order or with a claim for the award of child support,” explained the lawyer.
According to her, the first method is faster, because the court decides on the issue of acceptance of the application for the issuance of a court order no later than the next working day from the day of its submission to the court.
After resolving the issue of acceptance of the statement, the court issues an order immediately, but no later than the next working day, a copy of which is sent to the debtor together with the court notice.
“If within 20 days from the date of delivery of the last documents, the father (mother) who does not provide maintenance does not raise any objections, the court order becomes effective and it is possible to apply to the bailiff for forced debt collection,” noted E. Maciejevska.
According to her, if the debtor objects to the issuance of the court order, the father (mother) seeking to award child support has the right to file a lawsuit.
“Disputes, which are examined by dispute law, last significantly longer, because the judicial examination in most cases is not limited to the first instance. The party that loses the dispute initiates the appeal process.
The court process for awarding child support in the first instance can take about half a year, and the same amount in the appeal instance. Thus, if the child’s parents fail to agree on child support peacefully, in the event of a dispute, the examination of such a dispute in the courts may take one year, and sometimes longer,” said the lawyer.
Amount and calculation of alimony
Lawyer Egidijus Kieras, the senior lawyer of the professional association of lawyers “Avocad”, commented that the parent with whom the child lives can apply for maintenance when the other parent does not provide maintenance to the child.
“Maintenance can be awarded regardless of whether the parents are married or divorced. Maintenance relationships are established between children and parents, regardless of whether the parents are married, single or divorced.
In practice, quite often there are cases when the spouses do not initiate the divorce, but settle the issues of child support”, noted the lawyer.
According to him, the amount of alimony may depend on the parents’ salary and general financial situation.
“Courts have clarified that it is not possible to award child support more than what is objectively allowed by the financial situation of his parents, for example, from a father or mother who receives 1.5 thousand. EUR income, the court cannot order to pay 1.5 thousand. EUR child support.
Also, one should not forget another important provision that parents support children in equal parts, unless their incomes are different, for example, a father whose salary is 4 thousand. euros per month, must contribute a larger share to the maintenance of children than a mother whose income is 2 thousand. euros per month”, the lawyer calculated.
According to E. Kier, when the parents agree, they can determine the amount of support they want, but if there is a dispute, the parent who demands maintenance must prove the amount of the children’s needs, on the basis of which the proportion of maintenance is calculated.
Alimony indexation
E. Maciejevska commented that the maintenance amount must be proportionate to the child’s needs and the parents’ financial situation and ensure the necessary conditions for the child’s development.
“In judicial practice, the minimum monthly salary for one child is recognized as an indicative criterion when awarding maintenance to a child to meet the necessary needs (currently it is 709 euros in hand, that is, each parent has 354.50 euros for child maintenance), if the financial situation of the parents is similar.
For the comprehensive development of a child, not only his essential needs (food, clothing, hygiene and the like) must be met, but attention is paid to the child’s leisure time, communication, self-expression interests, and talents are developed, therefore the minimum monthly wage criterion for maintenance is only indicative and the court can award a higher amount”, commented the lawyer.
According to her, if the minimum monthly wage rises, the amount of maintenance awarded does not automatically change, but legal acts impose an obligation on the father (mother) from whom child maintenance is awarded, to index the amount of maintenance, that is, to recalculate the maintenance payment.
“Periodic payments are indexed once a year in February of the current year. If the father (mother) paying the awarded maintenance does not fulfill the obligation to index the amount of the awarded maintenance, the court decision awarding maintenance in periodic payments can be submitted to the bailiff for enforcement.
Thus, even in cases where the court decision does not specify that the amount of maintenance must be indexed in accordance with the procedure established by the Government, indexation must be applied, since such an obligation is established by legal acts”, pointed out E. Maciejevska.
